Privacy Policy

Last updated on May 14, 2024

Sections

Overview

This Privacy Policy applies to Personal Data collected by Nix, Inc. (“Nix”) about its users and other individuals who interact with Nix or use their Services, including by visiting the website and social media pages, or by using the Nix mobile and web applications, the Nix Hydration Biosensor, or another Nix product, service, or device. This Privacy Policy does not cover the practices of companies that are not owned by Nix, Inc.. Nix is not responsible for the policies and practices of any third parties, and does not control, operate, or endorse any information, products, or services that may be offered by third parties or accessible through the Nix website or marketing channels.

The purpose of this privacy notice is to detail what information is collected, how it is used, and what rights users have in relation to it. By using Nix products, services, websites, mobile and web applications, social media, and other content, users consent to this Privacy Policy.

Personal Data that Nix Collects

Nix may collect the following types of Personal Data:

  • Contact details, including first and last name, email and mailing address, and phone number;
  • Profile data, including, but not limited to, username and password used establish to create a Nix account, as well as any photographs, identification numbers, or other information included in the user profile;
  • Communications exchanged between Nix and the user, including contact via email or through the app with questions, feedback, polls, or reviews;
  • Wellness Data, such, but not limited to, sweat loss, electrolyte loss, skin temperature, and the type, duration and intensity of the user’s physical activity; data reflecting strain and recovery; physiological profile, including birthday, gender identity, race, weight, height, fitness/athlete level (e.g., professional or recreational); and details submitted about diet, medications, and female health tracking. This data may be used to customize the user’s experience as part of the Services provided by Nix;
  • Payment and transactional data needed to complete orders on the website or through the Services (including name, email address, payment card information, digital payment methods, billing information) and transaction history, although Nix does not have access to payment card numbers. Nix’s payment processors will collect the financial information necessary to process payments in accordance with the payment processor’s respective services agreement and privacy policy;
  • Marketing data, such as preferences for receiving marketing communications, and details about user’s engagement with them;
  • Device data, such as, but not limited to, computer or mobile and web device operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP Address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile and web device carrier, radio/network information (e.g., Wi-Fi, LTE, 4G), and general location information such as city, state, or geographic area;
  • Geolocation data, such as GPS, IP Address, and movement; and
  • Online activity data, such as pages or screens viewed, time spent on a page or screen, the website visited before navigating to the Nix website, navigation paths between pages or screens, information about user’s activity on a page or screen, access times, and duration of access.

Data Collection from Cookies and Similar Technologies

Nix uses cookies and similar technologies such as pixel tags, web beacons, and JavaScript (collectively, “Cookies”) to enable their servers to recognize users’ web browser and track how and when users visit and use Nix Services, as well as to analyze trends, learn about the user base, and operate and improve Nix Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or similar device when that device is used to visit our Services. Nix may also supplement the Personal information collected with information received from third parties, including third parties that have placed their own Cookies on users’ device(s).

Nix and their partners use various technologies to collect and store information when visiting one of Nix’s services, and this may include using cookies or similar technologies to identify the browser or device. These technologies are also used to collect and store information when users interact with services from Nix partners, such as advertising services. Nix third party advertising and analytics partners include Google, Meta, and similar partners.

Online tracking opt-outs. There are a number of ways users can opt-out of certain interest-based advertising and other online tracking activities, summarized below.

  • Blocking Cookies in your browser. Most browsers let you remove or reject Cookies, including Cookies used for interest-based advertising. To do this, follow the instructions in your browser settings.
  • Blocking advertising ID use in your mobile and web device settings. Your mobile and web devices may offer settings that enable you to make choices about the collection, use, or transfer of your advertising ID associated with your mobile and web device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block Nix websites from setting Cookies used for interest-based ads by using a browser with privacy features, or installing browser plugins and configuring them to block third party Cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
  • Some third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors, and research firms, allow you to opt-out directly by using their opt-out tools. 

Please note that some opt-out features are Cookie-based, meaning that when you use these opt-out features, an “opt-out” Cookie will be placed on your computer or other device indicating that you do not want to receive interest-based advertising from certain companies. If you delete your Cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.

Opting-out of interest-based advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Service.

How Nix Uses Data

Nix processes Personal Data to operate, improve, understand, and customize the Services that are provided to users.

Service delivery, including:

  • Provide, operate, improve, develop, understand, and personalize the Services and business, including testing, research, analysis and product development;
  • Satisfy the reason the information was provided to Nix, including responding to and fulfilling requests;
  • Communicate about the Services, including Service announcements, updates, or offers;
  • Provide support and assistance for the Services;
  • Create and manage your account or other user profiles;
  • Customize website content and communications based on user preferences; and
  • Process orders, subscriptions, or other transactions.

Research and development. Nix may create and use Aggregated Data, De-identified Data or other anonymous data from Personal Data collected, including Wellness Data, for the business purpose, including to analyze the effectiveness of the Services, to improve and add features to the Services, and to analyze the general behavior and characteristics of users of the Services. Anonymized Wellness Data is also used for research purposes to help Nix and their research partners answer important questions about hydration and create an even-better experience for users by identifying cutting-edge insights and providing new content and product features. Any whitepaper or article published will not include personally identifiable information.

Direct marketing and advertising. Nix may use data from the Personal Data collected, including Wellness Data and certain data collected when browsing the Nix website, to send direct offers, marketing messages, or advertise the Services or other Nix product offerings.

Interest-based advertising. Nix engages their advertising partners, including third party advertising companies and social media companies, to advertise Nix Services. Nix and their advertising partners may use Cookies and similar technologies to collect information about users’ interaction over time across the web, Nix communications, and other online services, and may use that information to serve online ads. Nix complies with the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising. To learn more about the industry self-regulatory programs and other information and choices about interest-based ads, please see the section above entitled “Online tracking opt-outs.”

Compliance and protection, including to:

  • Protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services;
  • Comply with or enforce our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

How User Data is Shared

Nix may share user data with Service providers, such as payment processors, vendors who advertise Nix Services or other Nix products, security and fraud prevention consultants, hosting and other technology and communications providers, analytics providers, and staff augmentation and contract personnel, that provide services to Nix or on Nix’s behalf.  

  • Advertising partners that may collect information on the Nix website through Cookies and other automated technologies, including for the interest-based advertising purposes described above. Nix does not share your Wellness Data with advertising partners;
  • Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services they render to Nix;
  • Authorities and others, including law enforcement, government authorities, and private parties Nix believes in good faith to be necessary or appropriate to comply with the law or legal process; and
  • Business transferees, such as acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, Nix or Nix affiliates (including, in connection with a bankruptcy or similar proceedings)

Nix does not sell personalized data to partners. On occasion Nix may participate in a joint marketing program with an external brand or company. Any joint marketing promotion that involves the sharing of names, email address, or physical address would be disclosed upfront and would provide a clear means of opting out.

How Users May Share Data

Depending on use of the Services, users may share Personal Data with:

  • Third-party social media platforms, or linked accounts, devices, or features, when user chooses to connect their account on those services with Nix or post content to social media
  • Other trusted individuals. Users may share data, often by the data export or share button with trusted individuals. This may include a coach, training partner, nutritionist and more. Users are responsible for keeping this shared information safe.
  • The Public. When users make Personal Data visible to other users of the Services, it may become publicly available and can be collected, viewed and used by anyone;
  • Managing Entities. If users use the Services on behalf of, or controlled by a managing entity, organizing body, or other entity with which the user is affiliated, user’s account information, Personal Data, and Wellness Data may be shared with the managing entity. 
  • Corporate, occupational safety, or group wellness programs. If you use the Services in connection with an employer, organizational corporate wellness program, or group program, we may share your information with that organization.

How Account Administrators May Use Data

Nix mobile, web, and web applications may be used, now or in the future, by an Administrator(s) or representative(s) of a Managing Entity, such as a coach, supervisor, administrator, safety supervisor, or other agent, for the purpose of collecting Wellness Data from Subjects within the Managing Entity. Such Subjects may include, but not be limited to, athletes, employees, workers, military service members, partners, or other affiliates of the Managing Entity. By using the Nix services, products, and devices, Administrators consent to this Privacy Policy. 

Administrators further attest that they have obtained the proper consent of the Subjects for their Wellness Data to be obtained, stored, and used through Nix products, services, and devices, including each stipulation in this Privacy Policy. Nix is not responsible for any misuse of data by its users, including Administrators of Managing Entities.

How to Access and Update User Information

How to update user info:

Nix Account and Information: Users can log in to their account settings and update account information at any time to review or change the information in their Nix account, or to terminate their Nix account. Upon a request to terminate an account, Nix will deactivate or delete the account and information from our active databases. However, Nix may retain some information in their files to prevent fraud, troubleshoot problems, assist with any investigations, and/or comply with applicable legal requirements. Nix may need to retain certain Personal Data in their records, as well as Aggregated Data or De-identified Data derived from or incorporating users’ Personal Data that does not identify the user after it has been updated or deleted.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If preferred, users can usually choose to set their browser to remove cookies and to reject cookies. If cookies are removed or rejected, this could affect certain features or services of Nix Services. To opt-out of interest-based advertising by advertisers on Nix Services visit http://www.aboutads.info/choices/.

Opting out of email marketing: Users can unsubscribe from the Nix marketing email list at any time by clicking on the unsubscribe link in the emails sent or by contacting Nix using the details provided below. Users will then be removed from the marketing email list — however, Nix may still communicate with users, for example to send service-related emails that are necessary for the administration and use of their account, to respond to service requests, or for other non-marketing purposes. Users can also opt-out by contacting Nix directly via: email us at info@nixbiosensors.com or send physical mail to 354 Winter Street, Norwell, MA 02061. Please allow adequate time to process these requests.

Geolocation data. Users may allow or disallow Nix to collect geolocation data by enabling or disabling location services on their mobile devices. If a user declines to grant Nix access to this data, Nix will not be able to provide certain Services, capabilities, or features to the user.

General Data Protection Regulation - GDPR

If a user is a resident of the European Economic Area, the United Kingdom, or Switzerland (collectively, “Europe”), they may have additional rights under the General Data Protection Regulation (GDPR) or other European data protection legislation. Users have the right to access a copy of their personal information, the right to correct any information, remove their consent and more. Users may exercise any of the rights described in this section by sending an email to info@nixbiosensors.com. Please note that Nix may ask the user to verify their identity and request additional details before taking further action on the request. Nix may respond to the request by letter, email, telephone or any other suitable method.

California Consumer Privacy Act - CCPA

Nix is providing this supplemental privacy notice to consumers in California, pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”). Nix does not sell Personal Data. Nix may use Cookies and other tracking technologies to analyze website and application traffic and use, and to facilitate advertising. To limit use of Cookies and other tracking technologies, please review the instructions provided in the “Online tracking opt-outs” section.

What categories of personal information does Nix collect?

  • Identifiers - Contact details, such as real name, alias, postal address, telephone or mobile and web contact number, unique personal identifier, online identifier, IP, email address and account name
  • Personal information categories listed in the California Customer Records statute - Name, contact information, education, employment, employment history and financial information
  • Protected classification characteristics under California or federal law - Gender and date of birth
  • Commercial information - Transaction information, purchase history, financial details and payment information
  • Internet or other similar network activity- Browsing history, search history, online behavior, interest data, and interactions with Nix and other websites, applications, systems and advertisements
  • Geolocation data - device location
  • Biometric data - fluid loss, electrolyte loss, exercise, height, weight
  • Audio, electronic, visual, thermal, olfactory, or similar information - Images and audio, video or call
  • Inferences drawn from other personal information - Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

Data Security and Retention of Personal Data

Nix employs a number of physical, technical, organizational, and administrative security measures designed to protect the Personal Data collected. While Nix endeavors to protect the privacy of user account information and other Personal Data, no security measures are failsafe, and Nix cannot absolutely guarantee the security of users’ Personal Data. Nix retains Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while there exists a business need to do so, or as required by law (e.g., for tax, legal, accounting, or other purposes), whichever is longer.

Personal Data of Children

Individuals that utilize the Nix app under the age of 18 must do so with the express consent and approval of a legal guardian. If usage of the Nix app is within a group setting, this express consent is transferred by the Administrator or Managing Entity. If Nix discovers users under the age of 18, efforts will be taken to ensure personal information is de-identified and marketing is not sent to this user. If you believe that an unauthorized minor may have provided Nix Personal Data, please contact Nix at info@nixbiosensors.com to have it removed.

Updates to This Notice

We will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

How to Contact Us About This Notice

If you have questions or comments about this notice, you may contact Nix at info@nixbiosensors.com or by post to:

Nix, Inc.
354 Winter Street
Norwell, MA 02061
United States

Definitions

  • Aggregated Data: Aggregated Data is data that has undergone a process whereby raw data is gathered and expressed in a summary form for statistical analysis. Raw data can be aggregated over a given time period, across individuals/organizations, or both, to provide statistics such as average, minimum, maximum, sum, and count. After the data is aggregated, analysis can be performed to gain insights about particular data sets. When data is aggregated across a number of individuals, the resulting aggregation is considered anonymized such that it is no longer Personal Data.
  • Cookies: Cookies are small files which are stored on a user’s computer. They are designed to hold a small amount of data specific to a particular user and website and can be accessed either by the web server or the user computer. This allows the server to deliver a page or advertisement tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie and is therefore able to carry information from one visit to the website (or related site) to the next.
  • De-Identified Data: De-Identified Data is data where all the personally identifiable information has been removed, rendering the data anonymous by stripping out information that would allow an individual’s identity to be determined from the remaining data. Data is “de-identified” to protect the privacy and identity of individuals associated with the data. De-identified Data is no longer Personal Data. 
  • Services: Services means, collectively, our websites and mobile and web apps, any features, content, or applications offered, from time to time, either now or in the future, by Nix in connection therewith.
  • Wellness Data: Wellness Data is (a) data collected by you, or through an authorized party, and sent to the Nix app(s) including, but not limited to your fluid losses and electrolyte losses; and (b) any additional information you chose to enter during the use of our Services, such as information about your health and wellness, including information collected from accounts, devices, or features that you link with your Nix account.