Last Updated: August 15, 2023
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, NCPS requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Natural Capitalist" means a User who owns or manages land and is registered to search for Merchants on the Platform, seeks NCPS from Merchants on the Platform, engages with a Merchant regarding NCPS (or receive a quote in contemplation thereof), or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of NCPS. "Platform" has the meaning set forth in the opening paragraph above.
"Natural Capital Programs and Services" ("NCPS") means the programs and services listed, quoted, scheduled, fulfilled or provided by Merchants, or sought, scheduled, paid for or received by Natural Capitalists, through the Platform.
"Merchant" means a User who uses, or is registered to use, the Platform to offer Natural Capital Programs and Services to Natural Capitalists through Listings on the Platform.
"NCX Content" means all Content NCX makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding NCX Content and Feedback.
INFORMATION WE COLLECT
How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when we collect information from affiliates and non-affiliated sources, and when we passively collect information from you, such as information collected from your browser or device.
Information You Provide Directly to Us
You may provide us with information about you when you use or access the Platform, such as when you register for an account; participate in polls or surveys; enroll for electronic newsletters; request a quote or other information; submit or respond to a quote; make a purchase; fill out any forms; enter a sweepstakes or contest, or register for a promotion; transmit User Content; download or use one of our mobile applications; you consent to our collection of information, such as when you grant us permission to collect your device’s contact list; or otherwise communicate with us or other Users through the Platform. This list is illustrative, not exhaustive; this Policy applies to all your uses of the Platform.
The personal information you provide directly to us may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, and other information relevant to User surveys and/or offers); (g) date of birth and/or age verification; (h) insurance information (if you are a Merchant); (i) photographs and/or video files or audio files (e.g., customer service call recordings); (j) information about your project, land, request or need; (k) in certain circumstances, ownership and payment information; (l) if you are a Merchant, in certain circumstances, identity verification information (such as Social Security number or driver’s license information); and/or (m) any other information you include in communications with other Users through the Platform or communications with us. It may also include your information specific to the services you are requesting or offering through the Platform, such as a business name, service description, qualifications and credentials. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent the provision of the requested information.
We utilize a third-party payment provider to process payment information (e.g., credit card information or bank account information).
Information from Affiliates, Social Networking Sites, and Other Non-Affiliated Sources
We may collect information about you through NCX affiliates or through non-affiliated sources, including public information sources. For example:
- You may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or "likes." Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult those sites' privacy policies.
- To the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information about you from non-affiliated sources, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Platform with information that we obtain from such sources, including public information sources and information derived from any other products or services we provide.
Please note that we have no control over how any third-party site uses or discloses the information it collects about you.
Information That Is Passively or Automatically Collected
Location Information. When you use the Platform, we may collect general location information (such as your location as derived from your IP address). If you install our mobile app, depending on your device settings and any permissions you have granted, we may collect information about your precise geolocation, and we may use that information to improve the Platform, including providing you with location-based features (e.g., for identification of NCPS available near you). To deliver customized content and advertising, we may disclose your location information to our agents, vendors, or advertisers. If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you may be able to disable the GPS or other location-tracking functions on your device. See your device manufacturer's instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Platform.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
HOW WE USE YOUR INFORMATION
We may use your information for any of the following reasons:
- For the purposes for which you provided it;
- To enable you to use the services available through the Platform, including registering you for our services and verifying your identity and authority to use our services;
- For customer support and to respond to your inquiries;
- For internal record-keeping purposes;
- To administer surveys, sweepstakes, promotions, or contests;
- To track fees and process billing and payment including sharing with third-party payment gateways and payment vendors in connection with the Platform;
- To improve and maintain the Platform and for product development;
- To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
- To market and advertise our services and the Platform, including to send promotional emails regarding new products from NCX, special offers from NCX, or other information that may interest you;
- As permitted under applicable law, to contact you by text message regarding certain services or information you have requested;
- As permitted under applicable law, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you;
- For NCX's market research purposes, including, but not limited to, the customization of the Platform according to your interests;
- To contact you with information about your use of the Platform;
- For other research and analytical purposes; and
- To resolve disputes, to protect ourselves and other Users of the Platform, or third parties, including to protect property or safety; and to enforce any legal terms that govern your use of the Platform.
For Merchants, we may display information related to your business, including your name or your business’s name, publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile.
We may combine information that we collect from you through the Platform with information that we obtain from affiliated and non-affiliated sources, and information derived from any other products or services we provide. We may aggregate and/or de-identify information we collect. We may use de-identified or aggregated information for any purpose, including without limitation for research and marketing purposes and may also disclose such information to any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
We may, either directly or through third-party providers we engage to provide services to us, review, scan, or analyze your communications with other Users exchanged via the Platform or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and User support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to prevent fraud or improper actions. We may also scan, review or analyze messages for research and product development purposes, as well as to debug, improve and expand product offerings. By using the Platform or engaging in off-Platform communications tracked by NCX, you consent that NCX, in its sole discretion, may, either directly or through third-parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
HOW WE DISCLOSE YOUR INFORMATION
Unless otherwise described in this Policy, we may also disclose the information that we collect as follows:
- Affiliates. We may disclose your information to any NCX affiliates.
- Consent. We may disclose your information based on your consent to do so.
- Vendors. We may provide your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services.
- Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with Users; or (c) defend NCX against legal claims. While you may challenge the disclosure request, please be advised we may still be legally required to turn over your information.
- Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all our assets. In such contemplated or actual transactions or where there is any change of control of NCX, your information may be among the disclosed and/or transferred assets.
- App Store Providers. We may provide your identity and mobile device identifier to third-party app store providers (for example, the Apple App Store) to allow you to download our mobile apps.
- Academics and Research. We may provide information about Users to third-parties for academic and research purposes, in anonymized or aggregated form.
You may post Content on or through our Platform, including, but not limited to, your comments, pictures, Merchant profile, and other information. However, please be careful and responsible whenever you are online. Some information you provide and/or that we collect may be publicly accessible. For instance, registration for an account requires that you provide us with your name. Your name (full name, or in some instances, your first name and last initial) may be visible to other Users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of NCPS, service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other Users with whom you have interacted via the Platform, may see information about you that is attached to your name. For example (but without limitation), if you are a Natural Capitalist seeking NCPS, the description you provide of your preferences, along with your name, will be shown to some Merchants registered in the relevant category along with your name. Thus, other Users may be able to personally identify you based on Content you provide. Similarly, certain information we collect, including but not limited to when you last accessed the Platform, may be disclosed to other Users with whom you are interacting or otherwise made public.
If you choose to post User Content on or through the Platform, such as through User-to-User messaging or through our review boards, forums, blogs, or other postings, that information: (a) may be or may become publicly available; (b) may be collected and used by third-parties with or without our knowledge; and (c) may be used by third parties (including other Users) in a manner that may violate this Policy or applicable law.
ONLINE ANALYTICS AND TAILORED ADVERTISING
We may use advertising services provided by third parties on the Platform, which provide their services using cookies and similar technologies (as described in the Information That Is Passively or Automatically Collected section above). Third parties whose products or services are accessible or marketed via the Platform may also place such technologies on your computer, mobile phone, or other device to collect information about your use of the Platform. We, our providers, and third parties collect information in this way for advertising and marketing purposes.
Certain third-party providers and certain cookies or similar technologies on the Platform enable us and third parties to serve you “tailored” advertising online that is more relevant to you and your interests. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. We do not control any of these opt-out mechanisms and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites.
Please note that if you opt out of tailored advertising, you may still receive online advertisements about us, the Platform, or third parties on the Platform – however, such advertising is not tailored.
When using a mobile application, you may also receive tailored in-application advertising. Each operating system (e.g., iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent use of your mobile advertising identifier to deliver tailored in-application advertising. For more information, you may review the support materials and/or the privacy settings for the operating systems and devices you use, or contact the applicable provider/operator.
PRIVACY OF MINORS
Our services are not provided to minors (i.e., persons under the age of 18). We elect to provide services only to persons 18 years of age or older, including any use of the Platform. If we discover, or if you inform us, that an individual under 18 has provided us with personal information, we will close the account and delete that individual’s personal information as required by law, including the Children's Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Policy.
We employ physical, procedural, and technological security measures to help protect your information from unauthorized access or disclosure. NCX may use encryption, passwords, and physical security measures to help protect your information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that any information provided or transmitted online is completely secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. NCX is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
LINKS TO EXTERNAL PLATFORMS
The Platform may contain links to third-party websites or resources over which NCX does not have any control; please review such other websites’ privacy policies as to their use of personal information. Such links do not constitute an endorsement by NCX of those third-party websites. You acknowledge that NCX is providing these links to you only as a convenience, and further agree that NCX is not responsible in any way for such third-party websites, including without limitation for their content or how they treat information you provide to them.
We may monitor and record our telephone conversations with you for training and quality assurance purposes. You will be provided with a notice at the beginning of any call that is being recorded.
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. NCX MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. NCX WILL POST ITS UPDATED POLICY ON THE PLATFORM, SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. NCX ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States, so your information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in your country of residence and data may be accessible to law enforcement and national security authorities under certain circumstances. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the processing of all such information in the United States.
If you have any questions about this Policy or the Platform, please contact us by sending an email to email@example.com, or by writing to: NCX, Inc., 2443 Fillmore St. #380-1418, San Francisco, CA 94115.