YOU ACKNOWLEDGE THAT YOU READ, AGREE TO AND ACCEPT, THE NEXTKOURT ONLINE PRIVACY POLICY. NONE OF THE SITES OF NEXTKOURT ARE DIRECTED TO PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THIS WEBSITE AT ANY TIME OR IN ANY MANNER. BY USING OR ACCESSING THIS SITE YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU CONSENT TO THE TERMS OF THIS PRIVACY POLICY AND THE TERMS OF USE LOCATED AT nextkourt.com/terms (“TERMS OF USE”). IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND/OR THE TERMS OF USE, PLEASE IMMEDIATELY STOP ACCESSING THIS SITE. BY USING OR CONTINUING TO USE THIS SITE AND SERVICES PROVIDED, YOU ARE ACCEPTING THE TERMS, CONDITIONS, DIRECTION, AND POLICIES SET FORTH IN THIS PRIVACY POLICY, AS DESCRIBED BELOW. THIS PRIVACY POLICY IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE TERMS OF USE.
This Privacy Policy discloses the privacy practices for the website: www.nextkourt.com (the “Site”) site and various related mobile applications and services provided to assist with the use of the Site (the “Services”) (together referred to as the “Site and Services”). NEXTKOURT, INC. the provider of the Site and Services (NEXTKOURT can be referred to hereinafter as “NEXTKOURT” “Company” “us” or “we”), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of the Site and Services. (The person reviewing this Site is referred to as “User” “you” “your” or any derivative thereof). This Privacy Policy explains what we do with your personal data and why we utilize it for our business practices. By accessing or using the Site, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use the Site. Please contact the NEXTKOURT if you have questions – contact details can be found near the end of this Privacy Policy.
Further, this Privacy Policy covers only this Site and does not apply to any other third-party website. This website may contain links or references to other websites, including those of the NEXTKOURT Group Companies or “Group Company” individually (as further defined below). We encourage you to read the privacy policy of any third-party website that you visit or use, even if it is a website of an NEXTKOURT Group Company. We encourage you to exercise caution when providing any personally identifiable information to third parties. We have no control over the security of any information that you transmit to any unaffiliated third-party outside of this Site. As referenced above, NEXTKOURT has no control over the privacy practices employed by any unaffiliated third-party website, products or services and cannot be responsible for the protection and privacy of any information that you provide while visiting such websites or outside of the NEXTKOURT website. You acknowledge that this Privacy Policy is part of and incorporated by reference with our Site and Services, Terms of Use, any liability waiver and release agreements entered into with NEXTKOURT, and by accessing or using our Site and Services; you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use the Site and Services.
For anyone reviewing the information provided by any third party to NEXTKOURT on this Site, the majority of the information, content and material set forth on the pages of this Site can be from third parties and contain the representations and opinions of those third parties, who are not affiliated with NEXTKOURT, and are not intended to be views or positions of NEXTKOURT Any such representations of positions about NEXTKOURT are not intended to be relied upon as fact since they may be subject to change, and do not serve as any substitute for consultation, advice, or encouragement to proceed with any purchase or sale on this website. All viewers are expected to conduct further due diligence before making any purchase or proceeding with any transaction. In no event shall NEXTKOURT be liable for any loss or damage whatsoever, including without limitation any direct, indirect, special, incidental, punitive, or consequential loss or damage, arising from or out of or in connection with any data and privacy matters arising out of or in connection with any such reliance on a third party with any independent transaction conducted on this website. NEXTKOURT makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information regarding any such third-party requesting your information that is not NEXTKOURT.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy may be revised periodically, and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your Personally Identifiable Information in the manner described in the Privacy Policy in effect when we received such information. Your continued use of the Site constitutes your agreement to this Privacy Policy and to later revisions. For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personally Identifiable Information you have provided to us, we will make reasonable efforts to notify you and if we deem necessary, obtain your consent before implementing such revisions with respect to such information.
NEXTKOURT, its divisions, subsidiaries, affiliates, parent(s), and group companies (the “NEXTKOURT Group Companies”), respect the privacy and the integrity of any information that you provide in the use of our Site and Services. This Privacy Policy explains our policy regarding the collection use, and disclosure of your personal information. This Privacy Policy will be continuously assessed against new technologies, business practices, and our user’s needs. As the Site and Services become expanded and diversified, this Privacy Policy may evolve. Please check this Privacy Policy from time-to-time for updates. Any changes to this Privacy Policy will be reflected and notification will be here.
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users or simply posting the revised Privacy Policy online. You acknowledge and agree that where it is required, it is your responsibility to maintain a valid email address, profile, and/or as a registered user, review this Site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy.
NEXTKOURT is committed to protecting the privacy of our users of our Site and Services. It is Company policy to comply with applicable privacy laws and in the event your personal information is provided and used, to use your personal information consistent with the parameters of providing the Site and Services, to enhance your experience with the Site and Services, and to improve the Site and Services. We do not sell, lease, or rent our customer lists to third parties and we do not sell any personal data. Furthermore, by voluntarily providing your email address, you are subject to receive email notifications and/or news from us and any of our sponsors and partners. It is your obligation to select the option to decline receipt of emails, news or other emails from us or any sponsors; otherwise, you can receive email notifications and advertisements. If you as the User decide on your own accord to respond to an advertisement to a company, any privacy interest you wish to protect may be at risk. Such action constitutes no affiliation with NEXTKOURT; instead, we will disclaim responsibility. Per this Privacy Policy, we do not have responsibility for those terms of third-party links and websites, and no recourse is found through NEXTKOURT for the same. Otherwise, it is NEXTKOURT policy to only disclose your personal information as authorized and/or as required by applicable law.
It is the goal of this Privacy Policy to address questions about how the Company treats personal information gathered from visitors, users, and purchasers of the Site and Services; specifically, the collection, use, and disclosure of your personally identifiable information in connection with your use of the Site and Services, Services, the Content and more as all defined in the Terms and Conditions. In addition, if our Site and Services require the use of Google, Twitter, Facebook, Instagram, or any other or third-party platform, payment platform, website or service, you are subject to those policies found on their individual websites and platforms, and are incorporated herein by reference. If you do not agree to those terms of service and use of those individual and other third-party websites, platforms, and services, please do not agree to use theirs or our Site and Services.
1. Types of Information Collected
In order to better provide you with our Site and Services, we collect two types of information about our users: personally identifiable Information and non-personally identifiable information. Some Users will submit their personally identifiable information in order to be a participant on the Site. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site and Services. Furthermore, it enables us to give you convenient access to our Site and Services and focus on categories of greatest interest to you to get your court reserved accordingly. In addition, your personally identifiable information helps us keep you posted on the latest announcements, special offers, and market events that you might like to hear about to assist with your ability to use the Site and Services at any future time.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a subscription, membership, completing an application, submitting content and/or registering for tickets or engagements on the Site, engaging in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, ordering product from us and processing that order, or sending us feedback, we may ask you to provide certain information about If you.
It is completely optional for you to engage in these activities, elect to engage in these activities, however, we may ask that you provide us personal information, such as:
User Profile Information
• Gender
• First name and surname
• Street address (street, house number, post/zip code and city)
• [if necessary and requested] Billing address (street, house number, post code and city)
• Telephone number
• Date of birth
• E-mail address
• Emergency contact information
• Identify verification (Driver’s License, etc. if so requested)
• IP address
and other personal identifying information. When registering on this Site or receiving services from any of the Site and Services provided, you may be asked to provide certain of your Personally Identifiable Information. We use this Personally Identifiable Information to process your orders and reservations, and to answer queries regarding your court reservation requests. We use your order history, overview of orders and reviews to gain insight into the aspects of the Services you prefer.
General Data Collection
• Usage data: We collect data about how users interact with our Site and Services. This includes access dates and times, app features or pages viewed, browser type, and app crashes and other system activity.
• Device data: We collect data about the devices used to access our Site and Services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data.
• Communications data: We collect data regarding phone, text or in-app communications between Users that are enabled through NEXTKOURT’s Site and Services (including any mobile applications). This includes date and time, as well as the content of text or in-app messages. We may also collect the content of phone calls solely where users are notified in advance that the call may be recorded.
The grounds for processing we use are the implementation of the agreement that we have made with you, the fulfillment of our legal obligations, and our legitimate interest in gaining insight into the product preferences of our customers. This allows us to adjust the range of offerings under the Site and Services we sell to meet the preferences of our customers. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity, purchase, or receipt of service.
Non-personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit, purchase, and/or use of Site and Services in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. Further, purchasing Applications for mobile devices as an aspect of the Site and Services may involve access to the same information if/when it is demanded and tracked.
2. Collection Methods and Use of Information
Aside from what you provide about your Service purchases and upon registration for your User Account with NEXTKOURT, we do not collect any additional forms of Personally Identifiable Information about you unless you voluntarily provide it to us. As stated, you provide certain Personally Identifiable Information to us when you: (a) register for our Site and Services and register your email address with us; (b) disclose your home address and aspects about yourself upon purchasing products; (c) sign up for special offers; (d) send email messages, submit forms, or transmit other information through this Site (whether email, telephone, etc.); (e) We may also collect information from you at other points on our Site that state that such information is being collected, which may include browsing history, subscribing to email lists or newsletters, contacting customer service personnel, and cookie tracking information.
In addition, we may also collect, or our third-party ad server (if applicable) and/or content server (if applicable) may collect certain Non-personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Any third-party ad servers utilized will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our site. Any of your personally or non-personally identifiable information that may be obtained from third parties for which you may use to register for our Site and Services may not be covered by this Privacy Policy; therefore, you will be subject to the terms and conditions and privacy policies of those respective third parties.
We will primarily use your Personally Identifiable Information to provide our Services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our site, fill orders for court reservations, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our Site’s content, layout, and Services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use and this Private Policy.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others other than the Group Companies (if any) for the Company to meet its obligations to NEXTKOURT’s customers and clients; thus, any information released to third parties is at your will and because you disclosed it on our Site due to your desire to purchase the Services, learn more about the offerings available, and how to achieve your desired court reservation. We may provide some of our Site and Services through contractual arrangements with affiliates, service providers, partners and other third parties. We and any of our service partners use your Personally Identifiable Information to operate our Site and Services and to deliver those Services. For example, we may release your address information to the representative working with NEXTKOURT to schedule a court reservation or other specific service you request.
NEXTKOURT may share your Personally Identifiable Data and Information solely within the Scope of the Services to:
• Provide our Customers with details of members and visitors who have engaged with Customer venue(s) serviced by NEXTKOURT.
• Improve and offer additional Services through partners and affiliates of NEXTKOURT.
• Improve User experience, correct functionality of the Site and Services, and generate analytics and reporting for application improvement purposes via sharing data internally within NEXTKOURT’s managers, officers, employees, and contractors.
We will encourage our service partners to adopt and post their own individual privacy policies. However, as stated above, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We may disclose your Personally Identifiable Information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-personally Identifiable Information about our customers’ sales, patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information and are anonymized and de-identified analytics.
Information that can be identifiable to other Users across the Site pertains to, but is not limited to: (i) instructor information and pending or current Users engaged in training or active court sessions with instructors; (ii) one-on-one services scheduling; (iii) tournament and league scheduling, including team or individual names (as applicable); and (iv) contact information of instructors, courts, and other Users.
4. Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your User Account online at any time by linking to your User Account in accordance with instructions posted elsewhere on this site. You may also access and correct your personal information and privacy preferences by writing us at:
NEXTKOURT, INC.
Harvard Business Services, INC.
16192 Coastal Hwy, Lewes, DE 19958
Email: support@nextkourt.com
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.
You can opt out of receiving commercial or promotional text messages, emails, push notifications, or other electronic correspondence messages by texting and/or emailing the word “END” or “STOP to disengage” and request removal of your Personally Identifiable Information from NEXTKOURT’s possession.
5. User Choices on Collection and Use of Information
We may, from time to time, send you email regarding our Site and Services. In addition, if you indicated upon registration of any User Account with NEXTKOURT that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only NEXTKOURT (or agents or contractors working on behalf of NEXTKOURT (and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
We also may disclose Personally Identifiable Information collected via third-party cookies embedded in the website, when you give consent for the use of those cookies, described in more detail in our Cookies Policy, identified below in Paragraph 7. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case (to the extent cookies are collected). Otherwise, We may disclose your Personally Identifiable Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request.
We use your e-mail address to respond to you when you inquire to us about our services and court reservation opportunities. Your email to us is your consent you’ve provided expressly to us as permission to use your email address to communicate with you. You can unsubscribe from receiving emails or newsletters by clicking the unsubscribe link in the email or newsletter or by withdrawing permission sending an email to: support@nextkourt.com at any moment. We use your click behavior to determine which parts of the newsletter interest you. If we do send any newsletters of any kind, we use this information to compile our product offer on the site. We process your click behavior based on our legitimate interest in gaining insight into the product preferences of our customers.
Deleting Your Account. If you would like NEXTKOURT to delete your personally identifiable information, please email support@nextkourt.com and as otherwise directed and set forth in this Privacy Policy to provide notice to NEXTKOURT for deactivation. In some cases, we will be unable to delete your personally identifiable information, such as if there is an issue with trust, safety, or fraud. When we delete your information, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
6. Retention and Security of Information
Retention
We store your Personally Identifiable Information only for as long as required to achieve the objectives that your data has been collected for. We don’t store data outside of the continental and contiguous United States of America. The retention period that we adhere to is stated below for each processing.
a. Order On The Website
We’re legally required to store your data for seven (7) years.
b. Ordering When Using An Account
We’re legally required to store your data for seven years. In addition, we store your data as long as your account is active. After removing your account, we’ll only store your data for as long as is legally required. If this isn’t the case, the data will be removed immediately.
c. Browsing The Website
We store your visitor (i.e., User) data for at least 36 months, after which the data is prepared for deletion or removed sooner unless otherwise requested.
d. Newsletter and Advertising Subscriptions
We store your consent to receive newsletters or advertising communications for two years. We also store your request to cancel your newsletter subscription for two years.
e. Customer Service
We keep customer contact notes for as long as you are an active customer with us. A telephone conversation can be recorded for training and analysis purposes. We have a legitimate interest in using these interactions to improve our customer service. We store the telephone calls pursuant to our data collection practices.
Storage
Your Personally Identifiable Information is not stored by NEXTKOURT. NEXTKOURT does not store information on its own servers. NEXTKOURT utilizes the assistance of AWS, Google Analytics and other analytics services, Google’s Gmail servers, and other third-party vendors to assist with delivery of email and data stored on those third-party providers. Therefore, please review the terms and conditions and policies of data security and storage with those third parties to determine how secure and consistent with current industry standards those storage methods are. The importance of security for all Personally Identifiable Information associated with our users is of utmost concern to us and we rely on those third parties to comply with the law.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions – none of that information is taken by or stored by NEXTKOURT. They receive the information needed to verify and authorize your credit card or other payment information and to process and fulfill your purchase. NEXTKOURT utilizes Stripe, a third-party payment processor to process your payment transactions and it, not NEXTKOURT, receives and stores the payment data and other forms of your payment data and personally identifiable information related thereto in accordance with its own privacy policy terms – for which you will be subject to the terms and conditions of those third-party payment platforms.
Unfortunately, no security system or data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. The internet is not a secure medium and you acknowledge and agree that the privacy of your e-mail communications and Personally Identifiable Information can never be guaranteed as any email communication, order, purchase, or posting may be lost, intercepted, altered, or hacked. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, as indicated above, you are subject to the privacy and data security terms and conditions of third parties when you access those sites and engage in any monetary transactions through the use of those third parties, even if there is a business relationship or business affiliation with Company.
Further, in the event any of our Site and Services are connected in any way to “hyperlinks” to other websites, you acknowledge and agree that Company makes no representation, warranty, covenant, or claim regarding Company, and Company expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resources accessible by hyperlink from any of our Site and Services. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Company monitors, endorses, or exerts any control over such Site and Services whatsoever. You agree that Company provides these hyperlinks to you, if any, only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement, ownership, or adoption by Company of any such website or linked resource whatsoever.
7. Analytics and Cookies
Google Analytics is a Google tool that we use for web analysis and allows us to understand how Users engage with our website and other sites. Google Analytics may use cookies to collect non-personally identifiable information. For more information on Google Analytics, please visit www.google.com/policies/privacy/partners/. Cookies are small bits of information cached or stored on a computer, mobile or other device of a user for record keeping purposes. Cookies allow us to distinguish between the various web store visitors, and handle your orders correctly. Cookies may be used for many purposes, including, but not limited to: remembering you and your preferences and tracking your usage in order to improve the service; can measure how our website is used and how to improve it; recognizing which device you use when you’re visiting the Site; showing you advertisements and recommendations based on your interests; or register (or have registered) how often an advertisement is displayed, to better let the advertisements meet your needs and interests and prevent you constantly seeing the same advertisement. Cookies themselves do not typically contain any Personally Identifiable Information. We may analyze the information derived from these cookies and other technological tools we employ to make improvements and in keeping with observed User preferences. They allow us to remember useful information, which allows certain functionality within any NEXTKOURT applications or the Site to work, for example, remembering if you’ve logged in. Most web browsers automatically accept cookies; however, you can usually change your browser settings to refuse all cookies or indicate when a cookie is being sent. If you choose to disable cookies, some parts of the Sites may not function properly or may be considerably slower, or there may be some features that will not be available to you.
As well as cookies, we use web beacons, tracking pixels and JavaScript. These are standard Internet technologies that, together with cookies, ensure our web server can collect information about your visit to the Site and use this information. When referring to “cookies”, we mean cookies plus other technologies.
We don’t have to request your permission to set up and read certain cookies. This applies to:
• Cookies that allow you to communicate via the internet;
• Cookies that are required for using the functionality of the website;
• Analytical cookies that have little or minimum impact on your privacy.
For advertising and marketing cookies we request your permission before we set them up and read them. We do this via the cookie statement in our website, where it states that you can accept advertising and marketing cookies by clicking further on web pages within our website. If you don’t accept the advertising and marketing cookies then you can state this by clicking on the relevant link in the cookie statement and making a choice. You can always withdraw your choice by adjusting your cookie preferences.
NEXTKOURT may use an outside ad serving company to display banner advertisements on its Site. As part of their service, they may place a separate cookie on your computer; hence, a cookie opt-in or opt-out capability option will be available on that site. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third-party ad server will collect and use Non-personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
8. CALIFORNIA PRIVACY RIGHTS; NEVADA RESIDENTS; RESIDENTS OF THE EUROPEAN UNION; AND ONLINE TRACKING
California Civil Code Section 1798.83 permits Users that are residents of California to request and obtain from us once a year, free of charge, a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law for such third parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please email us or write us at the address noted below. The California Online Privacy Protection Act (“CalOPPA”) requires NEXTKOURT to disclose how it responds to ‘Do Not Track’ signals set in a user’s browser. NEXTKOURT supports Do No Track browser settings. If you enable Do Not Track privacy settings in the browser you are using, we will use commercially reasonable efforts to stop collecting the information that allows us to tailor the website to user preferences based on users recent use of this website and its services. Consequently, we will not store or use information about any other websites you visit, other than our website.
However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
Further, effective January 2020, for the purposes of the California Consumer Privacy Act of 2018 ("CCPA"), this statute was put into legal effect. NEXTKOURT shall not be considered a Business and/or Third Party, as applicable under the CCPA at that time. Where this status changes and NEXTKOURT acts as a Business and/or Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to NEXTKOURT is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable NEXTKOURT to (i) share any and all Personal Information you provided with NEXTKOURT and any parent, subsidiary, affiliate, or related company of the NEXTKOURT Group Companies, and (ii) use any such Personal Information in connection with any and all NEXTKOURT Group Companies' internal operations and functions, including, but not limited to, improving such NEXTKOURT Group Companies' products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between NEXTKOURT Group Companies does not constitute a "sale" of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
A. Personal Information Collected
Below is a summary of the Personally Identifiable Information NEXTKOURT has collected in the preceding twelve months, the source of the information, the purpose of information collection, and how we share it as defined and outlined in California Law.
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Categories of Information Collected and Examples |
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Identifiers |
Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name or other similar identifiers |
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Personal information under |
Name, signature, physical characteristics or description, address, email address, telephone number, |
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Protected classifications under California and Federal Law |
Gender identity, gender expression, age |
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Commercial information |
N/A |
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Internet or other |
Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement |
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Geolocation data |
Physical location or movements |
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Inferences |
Preferences, characteristics, psychological trends, predispositions, behavior, attitudes |
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How We Collect Information |
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Information You |
For example, user information, financial information or self-reported information that you choose to submit or provide to us, as described in Section I above. |
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Information We Collect |
For example, data, device and log-in information, geolocation Information, or cookie information, as described in Section I above. |
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Information from |
For example, companies that work with us to market our products to you. |
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Purpose of Information Collection |
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We collect Personal Information to provide you with the Site, to communicate with you, to fulfill your purchases and requests, to answer queries, to gain insight into customer behavior, requests and preferences, and to improve our Site, as described in Section I above. |
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How We Share Personal Information |
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We share Personal Information to perform services for you, in connection with corporate transactions or events, and to comply with applicable law, as outlined in Section IV above. NEXTKOURT does not sell personal information. |
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B. California Residents’ Privacy Rights
Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personally Identifiable Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personally Identifiable Information, your account with us, or the security of the business’s systems of networks.
(I). Disclosure & Access Rights
California residents have the right to request that NEXTKOURT disclose to them (i) the categories of Personally Identifiable Information we have collected about them, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual.
(II). Deletion Rights
California consumers have the right to have their Personally Identifiable Information deleted, unless the Personal Information is necessary for the business or service provider to:
• complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;
• detect security incidents;
• protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
• debug to identify and repair functionality errors;
• exercise or ensure the right of another to exercise free speech or another legal right;
• comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
• engage in research in the public interest (if the consumer has provided informed consent);
• to enable solely internal uses aligned with the consumer's expectations given their relationship with the business; comply with a legal obligation;
• otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.
(III). Opt-Out of Selling Your Personal Information to Third Parties
Californian consumers have the right to opt-out of having their personal information sold to third parties. NEXTKOURT does not engage in such sales of personal information.
(IV). Exercising Access, Data Portability, and Deletion Rights
Californian consumers have the right to opt-out of having their personal information sold to third parties or to be retained by NEXTKOURT. NEXTKOURT does not engage in such sales of personal information. To exercise the access, data portability, and deletion rights described above of your personal information (Personally Identifiable Information), please submit a verifiable consumer request to us by submitting a request to: support@nextkourt.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
If you use an authorized agent to exercise your rights, we will require you to provide your authorized agent with either: (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your personal information on your behalf together with the identity verification information for you described above and confirmation that you have provided the authorized agent permission to submit the request. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include describing your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
(V). Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless the request would exceed one (1) hour to complete. In the event the request will exceed an hour to complete, we will notify you before continuing with the request with the estimated time it will take to complete and the total estimated fee. The fees may be less than the estimated amount but may not exceed the estimated amount. No fees will be assessed without prior acknowledgment and consent. This acknowledgment or consent may include verbal or written authorization. The acknowledgment and consent will be documented on the summary of fees when the request has been completed.
(VI). Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you Services
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• If you have any questions or would like further information regarding this California privacy policy, please contact: support@nextkourt.com.
(VIII). Other California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive one (1) time per calendar year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: NEXTKOURT, Attn: Harvard Business Services, INC., 16192 Coastal Hwy, Lewes, DE 19958. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty (30) to forty-five (45) days for a response.
NEVADA RESIDENTS
Nevada law entitles you to request that we refrain from sale of your personal information to other entities, for purposes of resale. We do not engage in such sales of personal information.
RESIDENTS OF CANADA
All private-sector organizations that operate in Canada that collect, use, or disclose personal information in the course of a commercial activity and handle personal information that crosses provincial or national borders in the course of commercial activities, regardless of the province or territory in which they are based are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). NEXTKOURT will obtain consent from the individual before collecting their personal information. Without the individual’s explicit consent, neither NEXTKOURT cannot gather, store, or use anyone’s personal information. NEXTKOURT shall only collect personal information for the purpose disclosed with consent. Upon receiving a request about the personal information of an individual, NEXTKOURT has 30 days, with a possible 30-day extension (in its discretion) when reasonably necessary and by providing notice to the individual, for a total of 60 days about having their data, where it is stored, and the opportunity to opt out of NEXTKOURT retaining such data. In case of a correction of incomplete or inaccurate personal information, upon such disclosure to NEXTKOURT, NEXTKOURT must update this change within four (4) weeks. Upon such request, NEXTKOURT shall immediately delete a particular individuals’ personal information from its records.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
At this time, NEXTKOURT does not engage in rendering its Site or Services to residents of the European Economic Area. Should any such User in the Economic Area access the Site and Services, the Privacy and Electronic Communication (EC Directive) Regulations 2003, the General Data Protection Regulation 2016 ("GDPR"), the UK Data Protection Act (DPA) and all applicable laws and regulations that relate to the protection and processing of personal data and privacy including any guidance and code of practice issued by the United Kingdom's Information Commissioner, all as amended, replaced or superseded from time to time, shall be the controlling legal authorities for residents in the European Union that access the Site and Services and Personally Identifiable Information is submitted and received by the Company in accordance with this Privacy Policy triggering obligations under the GDPR, et. seq.
Where Processor is Processing in order to deliver the Site and Services, including shipping products sold by NEXTKOURT under the terms of the Agreement, the Parties acknowledge and agree that in respect of the Personally Identifiable Information that is being processed by NEXTKOURT, as Processor, You are the Controller. Any third-party processing information hereunder is a SubProcessor.
NEXTKOURT shall comply with all applicable requirements under GDPR, and shall process the Personally Identifiable Information only to the extent necessary for the purposes of performing its obligations under the Terms of Use and otherwise in accordance with the Site and Service's documented instructions (including those set out in the herein) and, if NEXTKOURT considers that any of your instructions infringe the applicable laws, NEXTKOURT, shall notify you immediately. Once such information is gained by NEXTKOURT, it shall supplement this Privacy Policy with
Personal data relating to individuals in the European Economic Area, the United Kingdom, and Switzerland is controlled by NEXTKOURT. NEXTKOURT’s international transfer of personal data collected in the European Economic Area, the United Kingdom, and Switzerland is governed by the Standard Contractual Clauses. If you have questions or would like a copy of the Standard Contractual Clauses, you can contact NEXTKOURT at Attn: Harvard Business Services, INC., 16192 Coastal Hwy, Lewes, DE 19958.
When NEXTKOURT collects Personally Identifiable Information (Personal Data) under the GDPR from citizens of the European Union (Data Subjects) in connection with the provision of the Services it shall provide notice to the Data Subjects, compliant to legal transparency principles. NEXTKOURT will only process data on an approved legal basis in accordance with the GDPR for citizens of the European Union. When consent is used as a legal basis it will be collected in such form as reasonably specified by NEXTKOURT and acceptable to Data Subjects. NEXTKOURT shall retain Personal Data for a minimum of 2 (two) years; provided, however, Data Subjects have the right to opt-out of having their personal information sold to third parties or to be retained by NEXTKOURT Written notice provided to, and the written, electronic consent obtained from, each individual Data Subject to opt out shall be tendered to NEXTKOURT Please submit a written request to the following address: NEXTKOURT, Attn: Harvard Business Services, INC., 16192 Coastal Hwy, Lewes, DE 19958.
Some states such as California, Colorado, Connecticut, Nevada, Utah, and Virginia provide specific rights to residents of the state regarding personal information. Please submit a written request to the following address: NEXTKOURT, Attn: Harvard Business Services, INC., 16192 Coastal Hwy, Lewes, DE 19958 to opt out of NEXTKOURT maintaining your data in accordance with the terms of this Privacy Policy if you are a resident of these States or any other State in the United States of America.
In cooperation with a Data Subject’s rights, Contractor shall, taking into account the nature of the processing, provide reasonable assistance to Data Subjects insofar as this is possible, to respond to requests from a Data Subject seeking to exercise their rights under the GDPR and the related data protection laws. In the event that such request is made directly to NEXTKOURT, NEXTKOURT shall notify Data Subject as soon as reasonably practicable, and in any event within 1 (one) to thirty (30) business days, of receiving any such request from a Data Subject.
We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Privacy Policies of Third-Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. As already indicated in several portions of this Privacy Policy, we are not responsible for the policies or practices of third parties. Additionally, other companies, which place advertising on our Site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
10. Miscellaneous Privacy Issues
There is an age requirement to use the Site and Services. Users that are of the age of youth or teenagers are required to obtain the consent of their parent and/or guardian before creating a User Account, spending money on the Site and Services, and must obtain permission to use the Site and Services. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors. You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in plain view on the Site, any discussion forums or other public areas on this site, you relinquish privacy protections while the information is released by you into the public domain; therefore, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. There is no guarantee of data security due to advances of technology and cybercrimes that technology may not be up to date with stopping. Such activities are beyond our control and this Privacy Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. You agree that NEXTKOURT may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant NEXTKOURT a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to NEXTKOURT in any way. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.
11. Interpretation of this Privacy Policy
We do not intend and are firm this Privacy Policy does not create or confer upon any individual any rights, or impose upon Company any obligations, in addition to any rights or obligations imposed by the United States of America’s applicable federal and state privacy laws. Should there be any inconsistency between this Privacy Policy and U.S. applicable federal and state privacy laws, this Privacy Policy will be interpreted to comply with the applicable privacy laws. Any services provided by Company is controlled and operated by us from the State of Delaware, and we do not intend that our services subject us to the laws or jurisdiction of any country or territory other than that of the state of Delaware and the United States of America. We do not represent or warrant that the services, or any part of the services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Company abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from foreign countries to the extent such information is collected; nevertheless, it is not a business practice of NEXTKOURT to collect such information.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending a letter to this address:
NEXTKOURT, INC.
Attn: Management
Harvard Business Services, INC.
16192 Coastal Hwy, Lewes, DE 19958
You may also contact us by email at: support@nextkourt.com
12. Electronic Signatures.
As part of the electronic payments or signing documents for certain transactions on the NEXTKOURT Site, we may require you to provide your electronic signature to certain forms or documents required by NEXTKOURT or state/federal regulatory agencies. Required forms vary depending on your purchases, subscription, and/or location. Such forms will be made available to you if required. Your signature may be required where requested, which, failure to execute may prevent you from further use of the Site and Services and/or consummating any transaction contemplated by your use of the Site and Services. Copies of signed forms will be provided to you (if applicable). Your signature will be effective as the date it is made unless any such executed documents indicate otherwise.
13. Children/Minors.
The Site is not intended for anyone under the age of 18 or anyone classified as Minor under the law. We will not knowingly collect any Personally Identifiable Information from children under the age of 13. If we learn that we have obtained any Personally Identifiable Information about a child under age 13, we will delete that information.
14. Security
We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personally Identifiable Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.
This Privacy Policy was last updated on January 23, 2025.