Updated May 24, 2018
Nicely Noted is committed to respecting and protecting your privacy. This privacy protection section communicates how, when, and why we gather information about our customers and what we do with it.
If you have any questions about the NicelyNoted.com privacy policies please contact us at:
Austin, Texas 78703
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
If you submit your email address to be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, special offers from Nicely Noted and other partners along with site updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also unsubscribe by sending an email to [email protected].
We use your feedback to improve our site and our organization. If you choose to provide information about yourself using a feedback or email form on our Web site, we will not use the information for any purpose other than to respond to your inquiry or to act on your suggestion or comment. We will not share your information with others except with your permission or upon your request.
Comments you voluntarily post on public forums such as our blog will be displayed publicly along with the name you submit and the time at which you submitted the comment.
If you elect to use our referral services for informing a friend about our site, we ask you for the friend’s name and email address. Nicely Noted will automatically send the friend a one-time email inviting them to visit the site. Nicely Noted stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Nicely Noted at to request the removal of this information from our database.
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.
Accessing and Updating Your Personal Information and Preferences If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to [email protected]ted.com.
You may also update or change your personal information or preferences by sending email to [email protected]. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
Definitions 1.1 “Data Subject” means any individual about whom Personal Information may be Processed under this Addendum. 1.2 “Data Protection Legislation” means the GDPR (as defined below), together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time. 1.3 “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. 1.4 “Personal Information” means personal data (as defined under the Data Protection Legislation) that are subject to the Data Protection Legislation and that you authorize Nicely Noted to collect in connection with Nicely Noted’s service terms. 1.5 “Process” or “Processing” means any operation or set of operations performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of Personal Information. 1.6 “Security Incident” means a breach of security of the Service or Nicely Noted’s systems used to Process Personal Information leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise Processed by Nicely Noted in the context of this Addendum. 1.7 “Sensitive Information” means Personal Information revealing a Data Subject’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
2. Limitations on Use. Nicely Noted will Process Personal Information solely on your behalf and in accordance with the Agreement, this Addendum and any other documented instructions from you (whether in written or electronic form), or as otherwise required by applicable law. Nicely Noted is hereby instructed to Process Personal Information to the extent necessary to enable Nicely Noted to provide the Service in accordance with the Agreement. In case Nicely Noted cannot process Personal Information in accordance with your instructions due to a legal requirement under any European Union or Member State law to which Nicely Noted is subject, Nicely Noted shall (i) promptly notify you in writing (including by e-mail) of such legal requirement before carrying out the relevant Processing, to the extent permitted by the applicable law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Information) until such time as you provides Nicely Noted with new instructions. you will be responsible for providing any necessary notices to, and obtaining any necessary consents from, Data Subjects whose Personal Information is provided by you to Nicely Noted for Processing pursuant to this Addendum. You acknowledge that the Service are not intended or designed for the Processing of Sensitive Information, and you agree not to provide any Sensitive Information through the Service.
3. Security. Nicely Noted shall implement, and maintain throughout the term of the Addendum at all times in accordance with then current good industry practice, appropriate technical and organizational measures to protect Personal Information in accordance with Article 32 of the GDPR. On request, Nicely Noted shall provide you with a written description of the security measures being taken. The Service provides reasonable technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist you in securing Personal Information Processed by Nicely Noted.
4. Data Subject Requests. You are responsible for handling any requests or complaints from Data Subjects with respect to their Personal Information Processed by Nicely Noted under this Addendum. Nicely Noted will notify you promptly and in any event no less than fifteen (15) business days’ notice, unless prohibited by applicable law, if Nicely Noted receives any such requests or complaints. The Service include technical and organizational measures that have been designed, taking into account the nature of its Processing, to assist customers, insofar as this is possible, in fulfilling their obligations to respond to such requests or complaints.
5. Regulatory Investigations. At your request, Nicely Noted will assist you in the event of an investigation by a competent regulator, including a data protection regulator or similar authority, if and to the extent that such investigation relates to the Processing of Personal Information by Nicely Noted on your behalf in accordance with this Addendum. Nicely Noted may charge a reasonable fee for such requested assistance except where such investigation arises from a breach by Nicely Noted of the Agreement or this Addendum, to the extent permitted by applicable law.
6. Security Incident. In the event that Nicely Noted becomes aware of a Security Incident, Nicely Noted will notify you promptly and in any event no later than forty-eight (48) hours after Nicely Noted discovers the Security Incident. In the event of such a Security Incident, Nicely Noted shall provide you with a detailed description of the Security Incident and the type of Personal Information concerned, unless otherwise prohibited by law or otherwise instructed by a law enforcement or supervisory authority. Following such notification, Nicely Noted will take reasonable steps to mitigate the effects of the Security Incident and to minimize any damage resulting from the Security Incident. At your request, Nicely Noted will provide reasonable assistance and cooperation with respect to any notifications that you are legally required to send to affected Data Subjects and regulators. Nicely Noted may charge a reasonable fee for such requested assistance.
7. Sub-Processors. You agree that Nicely Noted may disclose Personal Information to its subcontractors for purposes of providing the Service (“Sub-Processors”), provided that Nicely Noted (i) shall enter into an agreement with its Sub-Processors that imposes on the Sub-Processors obligations regarding the Processing of Personal Information that are at least as protective of Personal Information as those that apply to Nicely Noted hereunder, including requiring the Sub-Processors to only process Personal Information to the extent required to perform the obligations sub-contracted to them, and (ii) shall remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Sub-Processors. If you object to a new Sub-processor, as permitted in the preceding sentence, Nicely Noted will use reasonable efforts to make available to you a change in the Service or recommend a commercially reasonable change to your configuration or use of the Service to avoid Processing of Personal Data by the objected-to new Subprocessor without unreasonably burdening you. If Nicely Noted is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, either party may terminate the component of the Service which cannot be provided by Nicely Noted without the use of the objected-to new Sub-processor by providing written notice to the other party.
8. Data Transfers. In connection with the performance of the Agreement, you authorize Nicely Noted to transfer Personal Information to the United States. You and Nicely Noted will enter into Standard Contractual Clauses for the Transfer of Personal Data to Processors Established In Third Countries pursuant to Commission Decision 2010/87/EU of 5 February 2010 Countries (“Model Contract”), attached hereto as Exhibit A.
9. Information. Nicely Noted shall make available to you all information necessary to demonstrate compliance with the obligations laid down in this Addendum and allow for and contribute to audits, including inspections, conducted by you or an auditor mandated by you. Nicely Noted shall immediately inform you if, in its opinion, an instruction infringes the Data Protection Legislation. 10. Return or Disposal. Upon termination of your User Account for any reason, Nicely Noted will return or destroy Personal Information at your request and choice.