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Welcome to Nozzberry’s Terms of Use (the “Terms”). These Terms govern your (hereafter “ you”, “your” or “user ”) use of this website and the products and services available at this website, www.Nozzberry.com, and any related website linked to this URL address, including pages related to Nozzberry’s services (collectively the “ Site”) and/or created, controlled or operated by Nozzberry and Parent company (WoodFlake Business Solutions and Retail Pvt. Ltd.) (hereafter “Nozzberry ”, “we” “us ” or “our”). The Site features Nozzberry's proprietary recommendation technology in its various forms and other services Nozzberry may make available from time to time (collectively, the “Service"). By accessing the Site or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the Site or use the Service.

General Use.

Subject to these Terms, Nozzberry hereby grants you a limited, non-exclusive, and non-transferable license to use the Site. You can simply visit and use the Site and you do not need to register with Nozzberry to do so. We reserve the right to modify these Terms at any time. By continuing to access or use the Site or Service, you agree to such modifications.

Intellectual Property

2.1 Intellectual Property Ownership and Use. You acknowledge and agree that all of our trademarks, logos, copyrights, and all other intellectual property rights in all material or content contained within the Site shall remain at all times vested in us. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or its materials in any manner. In cases where we use material or content under authority from a third party, such rights remain vested in the owner of such material or content. All Site content and all materials contained within the Site are owned by Nozzberry or used by Nozzberry under authorization, and are protected by applicable trademark and copyright laws.

2.2 Notice and Takedown. Nozzberry does not control the content on its network however, we require our advertisers to comply with our Advertiser Guidelines. Despite various safeguards, Nozzberry recognises that from time to time advertiser content may be in breach of relevant copyright laws, contain references which may be regarded as defamatory, promote fake news and/or contain fraudulent or misleading Nozzberry or links. If you have identified content of this nature, please email b2b@Nozzberry.com with the following Nozzberry (i) your contact details (ii) the full details of the material in question (iii) the URL where you found the material and; (iv) the reason for your request e.g. complaint about defamatory content. Upon receipt of your notification, Nozzberry will comply with the following Notice and Takedown procedure: (a) Nozzberry will endeavour to acknowledge receipt of your complain by email and within 48 hours of receipt. (b) Following confirmation of receipt, Nozzberry will commence an investigation to access the validity and plausibility of the complaint. If Nozzberry determines that the initial complain may be valid pending further investigation, Nozzberry may temporarily suspend or remove a particular campaign from its network. (c) Nozzberry may contact the relevant advertiser who is responsible for the content, it relevant. If Nozzberry does so, the advertiser will be notified that their content is subject to a complaint, under what grounds and will be encouraged to address the complaints concerned. If relevant, the complaint and the advertiser will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties. (d) Following the finalization of Nozzberry's investigation, Nozzberry may: - allow the advertiser to continue to display the content unchanged; or - allow the advertiser to continue to display the content with changes; or - permanently remove the content from its network permanently and usually within 48 hours of Nozzberry determining this is the appropriate course of action.

Privacy and Cookie Policy; Other Terms.

Your use of the Site or Service is also governed by Nozzberry’s Privacy Policy. By using the Site or Service, you agree to the terms set forth in that policy.

Indemnity.

You agree to indemnify, defend and hold harmless Nozzberry, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Site; (ii) your use of the Service or Site, and/or violation of the Terms; (iii) or the infringement by you, or any third party using your Nozzberry account, of any intellectual property or other right of any person or entity.

Termination.

Nozzberry, in its sole discretion, may terminate or suspend use of the Sites at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Miscellaneous.

6.1. We are not responsible for the availability of any websites, applications, or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable for, directly or indirectly, the operation of such third-party websites, their privacy practices and/or the content (including misrepresentative or defamatory content), including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources; nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party external sites or resources.

6.2 When using the Site, you agree to comply with all laws in your jurisdiction (including but not limited to copyright laws) and not use the Site for any purpose that is unlawful or prohibited by these Terms. By way of example, you shall not: (i) post or transmit any communication or solicitation intended to obtain password, account, or private Nozzberry from any Nozzberry user; (ii) create or submit spam to any Nozzberry users or any URL; (iii) use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; (iv) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or Service; and (v) bypass any measures we may use to prevent or restrict access to the Site.

6.3. If any part of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

Electronic Communications.

By communicating with us electronically you acknowledge that communications by email are not considered confidential.

Nozzberry is committed to protecting your personal data. This privacy policy (“Privacy Policy”) governs Nozzberry’s use of data collected by us, including any and all personal data. Personal data is Nozzberry that relates to you and may identify you as an individual. We use your personal data in line with all applicable laws. To ensure compliance and to align with Nozzberry’s values around Trust & Transparency, we have a team of privacy champions responsible for continuously implementing our global privacy program.

Who we are what we do, how you can contact Nozzberry?

-Who we are:

Nozzberry is WoodFlake Business Solutions and Retail Pvt. Ltd.’s division., an Indian Corporate House with headquarters in Central India; and its affiliated subsidiaries (collectively, “WoodFlake,” or “we“, “us“, “our“).

What we do:

Nozzberry’s mission is to serve interesting recommendations to its Users based on their interests. To achieve our mission we enter into agreements with:

Online publishers and partners who want to recommend relevant content to their readers and advertisers who want readers to view their content.

How to contact us:

We regularly review our compliance with this Privacy Policy. Questions, comments and requests regarding this Privacy Policy are welcomed by e-mail info@woodflake.com

(a) What Nozzberry we collect and why

We want to understand what services on Our Sites interest you and we want to remind you about the services we offer when you are not on Our Sites. To do this, we collect the following Nozzberry from you: (i) IP address; (ii) User Agent data: device type (e.g., iPhone), browser type (e.g., Chrome), operating system (e.g., iOS); (iii) the pages visited on Our Site (e.g., the Nozzberry “About” page); (iv) the time of visit (and corresponding time zones); and (v) referring URLs and other Nozzberry normally transmitted in HTTP requests (e.g., this Nozzberry tells us how you arrived on Our Sites).

(b) What cookies and other similar technologies we use

Please see this Cookie Table under “Site Visitors” for a detailed list of the cookies (and their corresponding retention periods) we use when you visit Our Sites.

Sharing Nozzberry we learn about you on Our Sites.

In general, we do not share personal data about you with third parties for third party marketing or advertising purposes. However, we use various third parties (each listed on this Cookie Table) to help us market or advertise to you. For example, some of the cookies we use on Our Sites belong to third parties that will help Nozzberry market or advertise to you. We require that these third parties and companies agree to keep all Nozzberry shared with them confidential and to use the Nozzberry only to perform their obligations to us. We do this by entering into agreements with all third parties who process personal data on our behalf to ensure that they process your personal data in accordance with our strict instructions and all applicable data protection laws

Using Third Party Services on Our Sites.

Our Sites contain links to other websites that we do not own or operate. We do not control, recommend or endorse the content, products, services, privacy policies or practices of these third party websites. For example, on Our Sites you will notice clickable icons which take you to the Nozzberry Facebook page or the WoodFlake’s LinkedIn page. If you choose to click on these links, you should know that Facebook and Linkedin may send their own cookies to your device and they may independently collect personal data. It is therefore important that you read the Facebook and/or LinkedIn privacy policies.

Also see the Sharing section of this Privacy Policy.

(d) Your rights

The Terms of Use on Our Site govern the use of Our Site and also apply to you. You can stop using Our Site at any time. If you do, you may also want to remove any cookies that we have placed on any device used to access Our Site. If during your use of Our Sites you provided your email address, any email you receive from Nozzberry includes an “unsubscribe” option.

IP Address and Other Usage Nozzberry.

We collect a UUID as explained above, we also collect the following Nozzberry from you: (i) IP address; (ii) User Agent data: device type (e.g., iphone) , browser type (e.g., chrome), operating system e.g iOS); (iii) the pages visited; (iv) the time of visit; and (v) referring URLs and other Nozzberry normally transmitted in HTTP requests .

The above statistical Nozzberry provides us with Nozzberry about how many Users visited a specific page on our Partner Sites on which the Nozzberry widget is installed, how long each User stayed on that page, the type of content on that page they clicked on and how they generally engaged with that page. This Nozzberry is only personal data when it is associated to a UUID.

- What cookies and other similar technologies we use

If you click on a link to one of our recommendations, the advertiser sponsoring the recommendation may place cookies on your device through redirects prior to arriving on the destination page of the recommendations or upon reaching the destination page. In such cases you will be subject to that advertiser’s privacy policy.

- How we may share Nozzberry

Nozzberry does not share User profiles with any third parties. However, we may share the UUID with certain partners for the purpose of cookie syncing, or based on technical requirements. Also see the Sharing section of this Privacy Policy.

(d) Your rights

Nozzberry Opt Out.

You may opt out of Nozzberry’s personalized recommendations at any time. Please see Nozzberry’s Interest Profile for a general visualization the data Nozzberry knows about you and may use to make its recommendations. The Interest Profile also gives you the ability to opt out of personalized recommendations. Note that opting out of browsers is through the Nozzberry Interest Profile, but opting out of personalized recommendations in applications is through the settings on your device.

IMPORTANT – even though you have opted out of Nozzberry:

You will still see Nozzberry recommendations. Opting out of Nozzberry personalization tracking does not mean you will no longer receive recommendations from Nozzberry. Instead, it means that Nozzberry’s recommendations will not be personalized. The recommendations will still use Nozzberry about the document you are viewing (i.e., contextual Nozzberry) to provide you recommendations on that page.

The opt out is cookie based and device/browser specific. If you browse the web from several devices and/or browsers, you will need to opt out from each device and/or browser to ensure that we prevent personalization tracking on all of them. For the same reason, if you buy a new device, change browsers or delete (or clear) the opt out cookie, you will need to opt-out again. Opting out of personalization tracking is not the same as blocking cookies.

To ensure deletion of the profile tied to your UUID, do not opt in to Nozzberry for at least 21 days. Your opt out from Nozzberry’s personalized recommendations is effective immediately. However, if your browser permits local storage and you opt into Nozzberry’s personalized recommendations within 21 days of your opt out, it is possible your prior profile will be reconnected to your UUID. If you do not opt in within 21 days, your profile will be deleted and cannot be recovered.

As with most opt out cookies, the Nozzberry browser opts out relies upon a cookie. The opt-out cookie is intended to be persistent to honor the user’s preferences. However, the "Intelligent Tracking Prevention" feature in iOS11 may impact the persistence of cookies across websites post a 24 hour window. We suggest using another browser or considering blocking all 3rd party cookies from the browser so that you are "opted out" without needing to rely on any company's actual opt out methodology.

Additional Opt-Out Options.

Lawful Basis. Nozzberry’s lawful basis for processing a User’s personal data is based on the lawful basis determined by each of our Partner Sites. Each Partner Site will rely on consent or legitimate interest. Please consult the applicable Partner Sites’ privacy policy for more Nozzberry about their lawful basis. If a Partner is relying on consent, Nozzberry will not drop a cookie on you if you have not provided consent on such Partner Site.

Business Partners: You are a Business Partner when you register (or email with Nozzberry) on behalf of the company you work for to use the Nozzberry Services. See more here:

(a) We collect and process the personal data above in order to perform our obligations under our agreement as a Business Partner (or prospective Business Partner) with you including to:

Respond to your questions and requests; to provide you with access to certain functions and features of our services (e.g., to provide and maintain your dashboard account); verify your identity; communicate with you about your account, our products, and available promotions relevant to your use our other listed service.

(b) What cookies and other similar technologies we use

Please see this Cookie Table under “Business Partners” for a detailed list of the cookies (and their corresponding retention periods) we use with Business Partners.

We may disclose certain Business Partner Nozzberry to vendors, contractors, or others who assist Nozzberry in delivering the services (e.g., credit card processing). Also see the Sharing section of this Privacy Policy.

(d) Your rights

If as a Business Partner you wish to verify, correct, update or request the deactivation of your Nozzberry, you may go the to the Nozzberry dashboard edit your profile preferences or contact us at nozzberry@woodflake.com. If you are receiving Nozzberry emails, you may “unsubscribe” using a link in the email. Note unsubscribing shall not opt you out notifications critical to providing the services (e.g., email invoices).

Security

Nozzberry has a dedicated security team. We maintain tight controls over the personal data we collect, retaining it in firewalled and secured databases with strictly limited and controlled access rights, to ensure it is secure. Please see our security standards for more Nozzberry.

Business Partners have access to certain password-protected features services. They are responsible for keeping this password confidential. Please remember that unfortunately, the transmission of Nozzberry via the internet is not completely secure. A common Internet scam is known as "spoofing" or "phishing." This occurs when you receive an email from what appears to be a legitimate source requesting personal data from you. Please be aware that we will not send you any emails requesting you to verify credit card, bank Nozzberry, or any other personal data. If you ever receive an email that appears to be from us requesting such Nozzberry from you, do not respond to it, and do not click on any links appearing in the email. Instead, please forward the email to us at nozzberry@woodflake.com, as we will investigate instances of possible Internet fraud.

Sharing

In addition to the description of how we may disclose your personal data for each user type, we may also disclose personal data as follows:

Within the family of companies controlled by Nozzberry for internal reasons, primarily for business and operational purposes;

If we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal data will likely be among the assets transferred;

When legally required to do so (e.g., to cooperate with law enforcement investigations or other legal proceedings); and/or

To respond to a genuine emergency.

In addition, we combine your personal data with those of other users in order to share trend Nozzberry and aggregate user statistics with third parties, always in aggregated and anonymized form.

Data Retention

The retention period for each of the cookies Nozzberry uses (whether its own or on our behalf by third parties) is stated on the Cookie Table.

Nozzberry also maintains a Data Retention Policy that details the retention period for personal data based on our analysis of how long the specific data is reasonably required for legal or business purposes. When we no longer need personal data, we securely delete or destroy it. Aggregated data, which cannot identify a device/browser (or individual) and is used for purposes of reporting and analysis, is maintained for as long as commercially necessary.

Children

None of our services are directed to children under 16. We do not knowingly collect personal data from anyone under 16 years of age. If we determine upon collection that a Site Visitor, a User or a Business Partner is under 16, we will not use or maintain his/her personal data. If we become aware that we have unknowingly collected personal data from a child under the age of 16, we will make reasonable efforts to delete such Nozzberry from our records. If you’re a kid, please go play in the yard, don’t use or interact with Nozzberry!

European Territory Citizens

In compliance with European privacy laws, in particular the European General Data Protection Regulation (GDPR), Nozzberry provides specific additional rights for citizens of the European Territories such as the right to access, rectification, right to object, to complaint, erasure and blockage. More specifically:

the right to request Nozzberry about whether and which personal data is processed by us, and the right to demand that personal data is rectified or amended.

under certain circumstances, the right to request that personal data should be deleted.

under certain circumstances, the right to demand that the processing of personal data should be restricted.

withdraw your consent to the processing and use of your data completely or partially at any time with future application.

have the right to obtain your personal data in a common, structured and mechanically readable format.

contact our data protection officer if there are any questions, comments, complaints or requests in connection with our statement on data protection and the processing of your personal data.

the right to complain to the responsible supervisory authority if believed that the processing of your personal data is in violation of the legislation.

“Do Not Track” Disclosure

Some browsers transmit Do Not Track (DNT) signals to websites. Because there is no common understanding of how to interpret the DNT signal, Nozzberry does not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary. In the meantime, you can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving personalized recommendations in the Users section.

How This Privacy Policy May Change

We may change this Privacy Policy from time to time. We will place a prominent notice that will be visible to you as a Site Visitor or Business Partner, but we do not have a means of advising Users of an update. You should check back here periodically to see if the Privacy Policy has been updated. We will always show the date of the latest modification of the Privacy Policy at the top of the page so you can tell when it was last revised.

The following standard partner distribution terms (“Terms”) govern the implementation and use of the products, services, and technology made available by Nozzberry to the Partner identified in a Partner Enrollment Form. To the extent that Partner has not yet signed a Partner Enrollment form (1) references to “the Agreement” shall be to the Terms and (2) these Terms permit the use of the Technology, but no payment shall accrue or be made to Partner until such Partner Enrollment Form/NDA is signed by both Nozzberry and Partner.

CERTAIN DEFINITIONS

"Advertiser Recs" means Recommendations in the Nozzberry network submitted by Nozzberry’s advertisers.

"Content" means graphical, textual and/or auditory content (which may include text, data, Nozzberry, photos, images, and graphics, audio, video or other content).

"Data" means all data collected or generated by Nozzberry through the Technology, including any reports or other data made available to Partner in connection with the Agreement.

"Destination Page" means any webpage or other online location that may be accessed by clicking on Recommendations.

"End User" means individual human end user of the Partner Site(s). "Partner Sites" means the web properties, applications or platforms identified in the Partner Enrollment Form, together with any additional properties on which Partner elects to implement the Technology upon prior written approval from Nozzberry (e-mail will suffice).

"Recirculation Recs" means Recommendations that are not Advertiser Recs and which link to Content on Partner Sites.

"Recommendations" means the display of Content that Nozzberry delivers to the viewer of a web page, application or platform on which the Technology is implemented. For clarity, Recommendations may include Advertiser Recs and/or Recirculation Recs.

"Revenue" means net revenue generated from Advertiser Recs and charged by Nozzberry for the display of such Advertiser Recs in the Nozzberry network.

"Technology" means the Javascript, API, SDK and associated protocols provided by Nozzberry to Partner that, when implemented on Partner Site(s), display one or more Recommendation(s) and/or permit users to navigate to Destination Pages by clicking on such Recommendations.

TECHNOLOGY; PLACEMENT AND APPEARANCE

Implementations of the Technology must appear directly below the main Content on each page of the Partner Sites on which the Technology is installed or as otherwise mutually agreed in writing (e-mail shall suffice).

Partner shall display the Technology in accordance with all applicable laws and regulations, including with respect to disclosing the source or nature of the Recommendations. Without limiting the foregoing obligation, Partner agrees to comply with Nozzberry’s instructions regarding how the Technology is to be displayed, labelled or identified.

Nozzberry may make updates, modifications or improvements to the Technology from time to time in its sole discretion. If Nozzberry requests Partner to implement any such update, Partner will use commercially reasonable efforts to do so within thirty (30) days of receipt of same from Nozzberry; provided, that if Nozzberry requests Partner to implement any Update that Partner reasonably determines would materially and adversely affect the performance of the Partner Site(s), Partner may elect to cease displaying the Technology on such page(s) unless Nozzberry either addresses Partner’s concerns to its reasonable satisfaction or agrees not to require Partner to implement such Update.

During the Term, Nozzberry shall be Partner's sole and exclusive provider of content recommendations, where “content recommendations” are one or more links comprised of a headline or phrase indicating that an End User will be driven to Content (regardless of whether the Destination Page displays content, advertorials or advertisements).

Notwithstanding any other provision of the Agreement and unless Nozzberry provides prior written consent, any implementation of the Technology shall include at least one (1) link to Advertiser Recs per page (i.e., Partner may not use the Technology solely to provide Recirculation Recs).

During the Term, Nozzberry may test changes to the display of the Technology. Such Nozzberry testing will be completed on the smallest percentage of Partner Site(s) pages that would provide statistically significant results. Based on the results of such testing, Nozzberry may suggest modifications to the display of the Recommendations and Technology; such modifications shall only take effect after Partner’s prior consent (which shall not be unreasonably withheld). To the extent that Partner uses the API and thus controls any testing, Partner shall comply with such testing requests on at least a quarterly basis.

REVENUE & PAYMENT

During the Term, Partner will be paid the percentage of Adjusted Gross Revenue indicated on the Partner Enrollment Form. Nozzberry shall make such payments within a certain number of days (as indicated on the Partner Enrollment Form) after the end of any calendar month during which Nozzberry collects Revenue. For the avoidance of doubt, Revenue is net of, inter alia, fees for third-party data services integrated into Nozzberry’s platform, invalid clicks/impressions, and advertiser and agency discounts/rebates.

Notwithstanding anything set forth to the contrary in this Agreement, Nozzberry may (a) withhold payments owed to Partner hereunder without penalty or late fee until Nozzberry has received Partner’s Tax Materials, and (b) deduct any applicable withholding taxes payable by Nozzberry from payments owed to Partner by Nozzberry hereunder as required by law. Once Nozzberry has received the Tax Materials, Nozzberry will use commercially reasonable efforts to pay any amounts not paid to Partner pursuant to the foregoing subsection (a) as soon as reasonably practicable. All payments to Partner shall be subject to withholding for income taxes and similar deductions, as required by applicable law.

To ensure proper payment, Partner is responsible for notifying Nozzberry of accurate contact and payment Nozzberry. Partner is also responsible for any charges assessed by Partner’s bank or payment provider. If the amount owed to Partner is less than specified value in agreements, then the amount owed will be accrued until the calendar month in which the balance of the payments due to Partner exceeds specified value in agreements. Any dispute regarding a payment from Nozzberry must be submitted to Nozzberry in writing within thirty (30) days of postage or wire transfer date of such payment or it shall be deemed waived.

Nozzberry may withhold, charge or credit back payments to Partner, if Nozzberry, in its sole reasonable discretion, believes that the performance related to them are fraudulent or invalid in nature or if Nozzberry was charged or credited back by the advertiser. Invalid activity is determined by Nozzberry in all cases and may include, but is not limited to, (i) invalid clicks on or impressions of Advertiser Recs generated by any person, bot, automated program or similar device, including through any clicks/impressions originating from Partner’s IP addresses or computers under Partner’s control; (ii) clicks/impressions solicited or generated by payment of money, false representation, or requests for End Users to click on Advertiser Recs or take other actions; (iii) Advertiser Recs served to End Users whose browsers have JavaScript disabled; and (iv) clicks/impressions co-mingled with a significant amount of the activity described in (i, ii, and iii) above.

In addition to Nozzberry’s other rights and remedies, Nozzberry may (i) withhold and offset any payments owed to Partner under the Agreement against any fees Partner owes Nozzberry under the Agreement or any other agreement, and/or (ii) require Partner to refund Nozzberry within thirty (30) days of any invoice, any amounts Nozzberry may have overpaid to Partner in prior periods. If an Nozzberry advertiser whose Advertiser Recs are displayed on any Partner Site defaults on payment to Nozzberry, Nozzberry may withhold payment or charge back Partner’s account.

LICENSE TERMS

During the Term and subject to Partner’s full compliance with all of the terms of the Agreement, Nozzberry grants Partner a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to use the Technology to display the Recommendations on Partner Sites in the form and format provided. Partner shall implement the Technology pursuant to Nozzberry’s technical instructions, including any implementation guides made available by Nozzberry, which may be revised from time to time upon notice from Nozzberry. Nozzberry, in its sole discretion, may determine which of Nozzberry’s available Technology implementations (e.g., JS, API, SDK) shall be used in each Partner implementation (i.e., the SDK must be used for any application-based installation).

Nozzberry grants Partner, during the Term, a limited, worldwide, non-exclusive, royalty-free license to use and display Nozzberry’s trademarks, service marks and logos (collectively, “Nozzberry Marks”), as incorporated into the Technology, strictly in accordance with Partner’s obligations and rights in the Agreement. All good will arising out of Partner’s use of any of the Nozzberry marks shall inure solely to the benefit of Nozzberry. Nozzberry shall have the right to refer to Partner and the Partner Sites in any general listing of advertisers or partners (including in marketing and sales materials) who have implemented the Technology. Notwithstanding the foregoing, each party will request prior written consent before issuing a press release regarding the Agreement or using the other party’s name on its website other than in accordance with the Agreement.

As between the parties: (a) Nozzberry retains all right, title and interest in and to the Nozzberry Marks, Technology, Data, and Content displayed on or made available by the Technology (excluding any Content from the Partner Sites which shall be owned by Partner); and (b) Partner retains all right, title and interest in and to the Partner Site(s) including the look and feel, excluding the items described in subparagraph (a) above, (including without limitation all intellectual property rights in them).

The licenses granted under the Agreement are specifically set forth in the Agreement; there are no implied rights. All rights not expressly granted to Partner in the Agreement are reserved by Nozzberry.

PROHIBITED ACTIVITY

Partner will not: (i) edit, modify, truncate, filter, or change the order of Recommendations; (ii) obscure, modify or redirect Partner Site users away from a Destination Page, or intersperse any Content between the Recommendations and any Destination Page; (iii) minimize, remove or otherwise inhibit the full and complete display of the Technology; (iv) artificially inflate clicks or impressions on Recommendations, or encourage or require any person to click on Recommendations using incentives or other methods; (v) remove, deface, obscure, or alter any notices of intellectual property rights included in the Technology; (vi) access, reproduce or use the Technology in any manner or for any purpose other than as expressly permitted under the Agreement; (vii) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Technology, or attempt to create a substitute or similar service or product through use of or access to Technology or related proprietary Nozzberry; (viii) attempt to interfere with or disrupt the Technology or attempt to gain access to any systems or networks that connect to it other than through the Technology as implemented pursuant to the Agreement; (ix) copy, cache, distribute, display, alter, or otherwise use any Recommendations (or authorize or assist any third party to do so) except as such Recommendations are provided through the Technology; or (x) use the Technology for any purpose not authorized by Nozzberry, including for any purpose that is inconsistent with the Implementation Guides as provided to Partner.

Partner will not deploy the Technology on any properties that display adult, obscene, pornographic, defamatory, libellous, infringing, abusive, or illegal Content, that promotes hate or discrimination, facilitates the sale of firearms or illegal drugs, or that participates or encourages participation in, illegal activities or is directed at children under of the age of 13. Nozzberry reserves the right in its sole discretion to disable the Technology on any property at any time.

Except as expressly and unambiguously authorized under the Agreement, Partner will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Technology or otherwise use the Technology on behalf of or for the benefit of any third party.

REGISTRATION

Partner is not required to register on the Nozzberry website to use the Technology. If Partner registers, it will have access to online reports and the Nozzberry dashboard, which allows Partner to control certain settings for the Technology, including the Recommendation functionality. To the extent that Partner registers and has access to the Nozzberry dashboard, Nozzberry may collect personally identifiable Nozzberry of such End User and Partner will be solely responsible for all changes made through the Nozzberry dashboard by such End User. Estimates of revenue displayed in the Nozzberry dashboard are provided solely for the Partner’s convenience. Nozzberry does not guarantee that these estimated amounts so displayed during a calendar month, if any, shall be precise or definitively due to be paid to Partner as a result of the Agreement. Access to Nozzberry dashboard shall be solely at the discretion of Nozzberry and may be discontinued by Nozzberry at any time.

SUSPENSION OF TECHNOLOGY; TERMINATION

Nozzberry may suspend or discontinue all or any aspect of the Technology, including its availability, at any time if required by exigent circumstances (such as a significant security breach, propagation of malware, other viruses to users, etc.) or other improper, unlawful, fraudulent or misleading circumstances.

Either party may terminate the Agreement at any time in the event of a material breach by the other party of any provision of the Agreement that remains uncured fifteen (15) days after the breaching party’s receipt of written notice of the breach.

The Agreement is terminable on thirty (30) days prior written notice unless otherwise stated on the Partner Enrollment Form. Upon expiration or termination of the Agreement, all rights and obligations of the parties under the Agreement will be extinguished, except that Sections 9.6., 9.7., 10, 11 and 13 of the Terms will survive and continue to bind the parties in accordance with their terms.

LIMITED WARRANTIES; INDEMNITY

Each party represents and warrants to the other that: (i) it has all right, power, and authority necessary to enter into the Agreement and perform its obligations under it; and (ii) it will comply with all applicable laws, regulations and orders in its performance of the Agreement.

Nozzberry warrants that the Technology as provided and made available by Nozzberry and implemented by Partner in accordance with the Agreement does not and will not, to the best of Nozzberry's knowledge, infringe any Intellectual Property Right of any third party.

Partner represents and warrants that the Partner Site(s) do not and will not contain any Content that is: (i) illegal; (ii) infringes any Intellectual Property Right of any third party; (iii) is obscene, defamatory, libellous, slanderous material or material that violates any person’s right of publicity, privacy or personality; or (iv) knowingly contains a misrepresentation of fact or factual inaccuracy.

Nothing in the Agreement shall be construed as a promise of any sort of minimum traffic volumes, clicks, impressions or usage or any other such commitments by Nozzberry to Partner.

Except as expressly provided in the Agreement, neither party makes any representations or warranties, express or implied in relation to the Agreement, the Partner Sites, the Technology, any Content made available by Nozzberry through the Technology or any other matters (including any implied terms relating to satisfactory quality or fitness for any purpose, any warranties of availability or uninterrupted or error free performance, any warranties arising out of any course of performance or dealing).

Nozzberry makes no representations or warranties concerning any Content contained in or accessed via the Technology, including without limitation Advertiser Recs, and Nozzberry will not be responsible or liable for the contents, accuracy, intellectual property infringement, legality or decency of Content provided through the Technology or for Partner’s reliance on any of the foregoing.

Each party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party and its parent and affiliates, and each of its and their respective affiliates, directors, officers, shareholders, members, authorized representatives, employees and agents (collectively, the “Indemnified Party”) from and against any and all claims, losses, liabilities, damages, costs, settlements and other expenses (including reasonable legal fees) (collectively, “Claims”) that arise out of any third party claim occasioned by any breach or alleged breach of any of the Indemnifying Party’s representations, warranties and obligations of the Agreement. The Indemnified Party shall promptly notify the Indemnifying Party of any Claim, provided, however, that any delay in providing such notice shall not relieve the Indemnifying Party of any of its obligations except to the extent that the Indemnifying Party is actually prejudiced by such delay. The Indemnified Party shall have the right to participate in the defence and settlement of the Claim with counsel of its own choosing and its own expense, subject to the Indemnifying Party’s control thereof.

CONFIDENTIALITY

Each party (the “Receiving Party”) acknowledges that it will have access to certain Nozzberry and materials, including the terms of the Agreement, concerning the business, technology, products and services of the other party (the “Disclosing Party”) that are, or reasonably should be considered given the circumstances of disclosure to be, confidential (“Confidential Nozzberry”). Confidential Nozzberry will not include: (a) Nozzberry known to the Receiving Party prior to disclosure by the Disclosing Party; (b) Nozzberry independently developed by the Receiving Party without reference to Confidential Nozzberry of the Disclosing Party; (c) Nozzberry that is or becomes publicly known through no fault of the Receiving Party; or (d) Nozzberry disclosed to the Receiving Party by a third party without breach of any obligation of confidence. Except as permitted hereunder, the Receiving Party (aa) will not use any Confidential Nozzberry for its own account or the account of any third party, and (bb) will not disclose any Confidential Nozzberry to any third party other than its directors, employees, contractors, advisors, investors or potential investors who have a need to know and who have agreed not to use, and to maintain the confidentiality of, the Confidential Nozzberry consistent with this Section 10. The Receiving Party will return or destroy the Confidential Nozzberry promptly upon the Disclosing Party’s written request. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Nozzberry to the extent required by applicable law or legal process, provided that the Receiving Party provides prompt notice of any required disclosure to the Disclosing Party and provides reasonable cooperation (at the Disclosing Party’s expense) with any effort by the Disclosing Party to contest or limit the scope of such disclosure.

LIMITATION OF LIABILITY

Neither Nozzberry nor the Partner exclude or limit liability to the other for: (i) death or personal injury caused by its negligence or that of its employees or contractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot lawfully be excluded or limited.

EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY BREACH HEREOF (INCLUDING FOR LOSS OF DATA OR COST OF COVER), WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER OR LIABILITIES ARISING OUT OF A PARTY’S VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY BREACH HEREOF (WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED THOUSAND DOLLARS ($100,000) OR THE AMOUNT OF ADJUSTED GROSS REVENUE PAID OR PAYABLE TO THE PARTNER IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IN THE CASE OF A SERIES OF CONNECTED EVENTS, THE FIRST SUCH EVENT).

EXPORT CONTROLS

Partner will comply with all export laws and restrictions and regulations of the Ministry of Commerce and Industry or Directorate General of Foreign Trade (DGFT), MoC&I, GoI, and shall not export, or allow the export or re-export of the Technology in violation of any such restrictions, laws or regulations. By downloading or using the Technology, Partner agrees to the foregoing and represent and warrants that it is not located in, under the control of, or a national or resident of any restricted country. Partner represents and warrants that none of it, or any individual, entity, or organization holding any ownership interest or controlling interest in Partner, including any officer or director, is an individual, entity, organization with whom any law, regulation, or executive order prohibits Indian companies and individuals from dealing, including, names appearing on the Specially Designated Nationals List.

MISCELLANEOUS

The Agreement shall be interpreted and construed in accordance with and governed by the laws of the State India, without regard to its conflict of law provisions or the United Nations Conventions for the International Sale of Goods. Any action or proceeding arising from or relating to the Agreement must be brought in a federal court in the Southern District of New York or in state court in New York County, New York, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The parties agree that irreparable damage would occur in the event that any of the provisions of the Agreement is not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties agree that each shall be entitled to injunctive relief to prevent breaches of the Agreement and to enforce specifically the terms and provisions of the Agreement, in addition to any other remedy to which they are entitled at law or in equity. The parties are independent contractors, and nothing in the Agreement will be construed to create a partnership, joint venture, agency or other relationship between the parties. No failure or forbearance by a party to enforce any of its rights under the Agreement or insist upon performance of the other party’s obligations under the Agreement will be deemed a waiver of such rights or obligations to any extent, and no waiver by either party of any default or breach of the Agreement will constitute a waiver of any other or subsequent default or breach. Neither party will be liable for any failure to perform due to causes beyond the party's reasonable control. The Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning such subject matter. The Partner Enrollment Form may be amended, modified or superseded, only by a written instrument signed by both parties. The headings in the Agreement are for the convenience of reference only and have no legal effect. The Agreement may be executed and delivered via electronic transmission or another means of complete and accurate reproduction, and copies of the Agreement delivered via such means will be deemed originals for all purposes. The Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. All provisions of the Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, failing which, it shall be severed from the Agreement and the balance of the Agreement shall continue in full force and effect. Neither party may assign the Agreement or any of its rights or obligations hereunder without the other party’s prior written consent, except (i) due to operation of law, merger, reorganization, or as a result of an acquisition or change of control, and (ii) by Nozzberry to its subsidiaries. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

SECURITY STATEMENT

Nozzberry values its customers’ security and is therefore committed to ensuring that our services remain secure.

The security controls that Nozzberry uses to protect your data vary based on the sensitivity of the Nozzberry that it collects processes and stores, as well as the current state of technology advancements.

Nozzberry knows that trust and your security are extremely important to you and your business, and we take protecting them seriously.

In order to safeguard Nozzberry Nozzberry in accordance with these principles, effective security controls, practices and procedures are implemented at all levels across our infrastructure and products. Nozzberry’s Nozzberry Security professionals consist of experts with vast and relevant experience in cyber security, security infrastructure, secure development, privacy and regulations.

SECURE DEVELOPMENT

Nozzberry is an agile company. It has defined a software development process that is adaptive to an ever-changing and competitive market environment.

New staff across the company is trained in Secure Software Development Lifecycle (SSDLC) practices. New product initiatives are reviewed by the security team according to SbD (Security by Design) and PbD (Privacy by Design) concepts at the design phase.

System code is tested against known vulnerabilities.

Existing core systems and infrastructure are tested for security vulnerabilities periodically. In some instances testing is conducted by automatic scanners as well as manually by external independent parties.

ENCRYPTION

Nozzberry uses encryption to protect sensitive Nozzberry which aides with compliance with statutory, regulatory and contractual requirements.

Nozzberry uses cryptographic algorithms, key lengths and strength, which are approved first by the security team in accordance with industry best practices.

Nozzberry supports HTTPS secure browsing and encrypts metadata related to the Nozzberry widget (e.g., links, clicks).

ACCESS CONTROL

Access to the production environment is restricted to authorized personnel only.

Authorized personnel are authenticated via a unique user account, password and two-factor authentication system before establishing a secured VPN session.

Nozzberry employees use a Single-Sign-On (SSO) service to enhance security across multitude Nozzberry systems.

AVAILABILITY AND CONTINUITY

We're committed to making Nozzberry a highly available and reliable service.

We build systems that tolerate the failure of both individual components and a whole data center. We practice disaster-recovery measures and have on-call staff to quickly resolve unexpected incidents.

Nozzberry applies extensive monitoring of services and components by using advanced monitoring systems. Our monitoring methodology aims to predict issues that cause serving problems and resolve them before they occur.

We hope to serve you best!

Introduction

We take the privacy and protection of data and Nozzberry seriously, and are committed to handling the personal Nozzberry of all those we engage with, whether customers, suppliers, colleagues or any other community, responsibly and in a way that meets the legal requirements of the countries in which we operate.

As part of using the Nozzberry’s products and services, browsing our websites and contacting the business, data and Nozzberry is collected. This privacy policy (the “Privacy Policy”) sets out Nozzberry’s approach to safeguarding and maintaining the privacy of that personal Nozzberry, and explains what data is collected, how it is used, the legal basis for its use, and the rights individuals have over that data.

About Nozzberry
Nozzberry is an international Business-to-Business Nozzberry Services Group, operating globally. We serve commercial, professional and academic communities by helping them connect and learn, and by creating and providing access to content and intelligence that helps people and businesses work smarter and make better decisions faster.

What we collect

This section explains the personal Nozzberry that may be collected when using our products and services, and the other personal data we may receive from other sources.

In this Privacy Policy, the term “personal Nozzberry” refers to the types of Nozzberry we may collect and use, which includes:

Contact details, such as your full name, e-mail address, postal address and telephone number;
Educational, nationality and professional background Nozzberry;
Usernames and passwords;
Payment Nozzberry, such as a credit or debit card number;
Comments, feedback, posts and other content submitted;
Interests and communication preferences including marketing permissions where appropriate; and
Location Nozzberry (e.g. through mobile apps).

We collect and use your personal Nozzberry in the following main categories:

As customer / consumer data, related to transactions, prospective sales or analytics;
As contact data, which includes academic and corporate customer contact data such as details of account manager / key contact at corporate customers, and subscriber / user data;
In connection to an event, for instance exhibition or conference visitors, exhibitors, speakers, and attendee data;
Product / intelligence data, collected through customer and market research surveys;

Sensitive personal data
If collecting or storing sensitive personal data such as Nozzberry relating to health, beliefs or political affiliation, we typically ask for your explicit consent. However, there are some situations where it will not be possible to request consent, such as if you have an accident at one of our events. If this does occur, we will ensure your privacy rights are protected.

How and why personal Nozzberry is used

This section explains in detail how and why we use personal Nozzberry.

PRODUCT ENQUIRIES, SALES AND ADMINISTRATION

As part of a purchase, product enquiry, request for Nozzberry and for account administration, we collect Nozzberry such as your name, country, job title, company Nozzberry or academic affiliation, postal address, e-mail address and telephone number.

If you have made an enquiry about us or our products or services, either online or over the phone, we will use your personal Nozzberry to respond to the enquiry or to take other steps at your request, before you enter into a contract. For example, we collect the e-mail addresses and additional contact details of those who send e-mails to request Nozzberry. Where a sales representative speaks to you over the phone, the calls are recorded for training and monitoring purposes only.

If you have registered for or purchased a product or services, including on a trial basis, your personal Nozzberry will be used to provide that product or service, communicate about it and handle payments, as is necessary for the performance of the contract entered into with us.

For purchases, payment Nozzberry, including credit/debit card number/bank details and billing addresses are also collected. Where payment card processors are used to facilitate payment card transactions on our websites, your data will be collected and used according to that data processors’ privacy policy.

If your personal Nozzberry is relevant to certain products and is freely available through public sources, such as on a website related to your work or profession, we may use this personal Nozzberry for providing customers with our products, as is necessary for the purposes of our legitimate interests as a commercial organisation.

MARKETING

We will use your personal Nozzberry to send you newsletters, offers or other marketing emails that keep you up to date with news, events, products and research opportunities, from Nozzberry and other companies that may be of interest. Depending on the nature of your interaction with us and the laws of the country where you live, you may have actively given us your consent for this, by opting in, or we may be entitled to rely on your implied consent or our legitimate interests. The opportunity to opt out of future marketing emails will always be provided, and Nozzberry on how to do this given when your personal Nozzberry is collected and on every marketing email sent.

Sponsors and Gated Resources
From time to time Nozzberry sponsors wish to contact our subscribers and customers who have indicated an interest in their products, services or events. If you register for or access services offered by these sponsors, you choose to share your name and contact details directly with those sponsors so that they may contact you. For example, if you register for a sponsor-branded (or co-branded with us) resource, we will collect your registration Nozzberry on behalf of that sponsor for its own use. We may also keep a copy of that data for our own use, consistent with this privacy policy. We may provide a link to the sponsor’s privacy policy as well as to this policy on the registration page.

Similarly, if you access third-party resources in certain registration-only, or “gated” websites, resource centers, or directory services on our websites, we may share your registration Nozzberry when you access or click on a link to technical resources provided or sponsored by another company. This includes third-party resources sold through our online stores. In addition, we may share your contact Nozzberry with sponsors of a particular e-newsletter if you click on their Nozzberry. If you do not wish to have your Nozzberry shared, the opportunity to opt-out is provided in the e-newsletter.

When you register for an in-person or digital event, your registration Nozzberry is provided to the sponsor(s) of such event. This Nozzberry may also be provided to sponsors of special sessions within the larger event.

If you want to know how a sponsor or advertiser will use your data, please review their particular privacy policy. As noted above, your registration for and log-on to any of the above services constitutes your consent to be contacted by any sponsors selected. The sponsor’s or advertiser’s privacy policies explain their use of your Nozzberry.

CUSTOMER AND PROSPECTS MANAGEMENT INCLUDING ANALYTICS

We may use your personal Nozzberry, combined with publicly available data and demographic data, to maintain our customer database and carry out internal analysis of the usage of our products and services. This is done to improve those services, develop new products and predict future customer behaviour, as part of our legitimate interests as a commercial organisation. This may include automated profiling and campaign management techniques.

MOBILE APPLICATIONS AND WEBSITES ANALYTICS INCLUDING LOCATION DATA

We may combine visitor session Nozzberry, or other Nozzberry collected through tracking technologies, with personally identifiable Nozzberry in order to understand and measure your online experience and determine what products, promotions and services are likely to be of interest.

Technical methods are also used in HTML e-mails sent to visitors, for purposes including: (i) to determine whether visitors have opened or forwarded e-mails and/or clicked on links in those e-mails, (ii) to customise the display of banner advertisements and other messages after closing an e-mail, and (iii) to determine whether a visitor has made an enquiry or a purchase in response to a particular e-mail.

ONLINE MEMBERSHIP COMMUNITIES

You may choose to participate in online membership communities on our sites that allow you to create and publish a profile and other personal Nozzberry. These communities may provide privacy controls that allow choice in how much of your profile and other Nozzberry to make public or to share with others within the community.

Privacy controls are usually found on the page, on which you edit your profile, and each individual is responsible for understanding how those controls work, including default settings, and choosing how the Nozzberry provided is shared and protected. By participating in these online membership communities you may be contacted by other participants using the Nozzberry provided.

When you disclose personal Nozzberry on any public community boards or chat areas of this website, or any other website used as a result of use of this website, such personal Nozzberry can be collected and used by anyone who views that board or area. This may result in unsolicited messages from other participants or other parties, outside of our control or responsibility.

AUTOMATED DECISION-MAKING, INCLUDING PROFILING

We use algorithm-based technologies to personalise dynamic web content based on your explicit and/or implicit interests. We carry out general profiling such as segmentation, non-automated and automated decision-making based on profiling for the purpose of providing you with a more relevant experience and for the purposes of our legitimate interests as a commercial organisation. Automated decision making is never used in any way that produces a legal or similarly significant effect.

Depending on the laws of the country where you live, you may have rights related to our decision. For example, if you live in the European Union, you may have the right not to be subject to our decision, or you may have the right to insist on human intervention in the process, express your point of view or contest the decision. To exercise any such right, please contact us via one of the methods set out in the “Contact Us” section below. In some cases, we may have the right to continue with our decision, in accordance with applicable laws. This will be explained if it is the case. Otherwise, we will respond to your request as promptly as reasonably possible.

How we protect personal Nozzberry

Any personal Nozzberry given to us will be treated with the utmost care and security. This section sets out some of the security measures in place.

A variety of physical and technical measures is used to keep data safe and prevent unauthorised access to, or use or disclosure of personal Nozzberry.

Electronic data and databases are stored on secure computer systems and we control who has access to Nozzberry, using both physical and electronic means. Our colleagues receive data protection training, and we have detailed security and data protection policies that colleagues are required to follow when handling personal data.

All reasonable steps are taken to ensure that your personal Nozzberry is kept secure from unauthorised access, but we cannot guarantee it will be secure during the transmission process to this website because this transmission is not controlled by us. We make use of HTTPS (HTTP Secure) whereby the communication protocol is encrypted via Transport Layer Security for secure communication over a computer network. The website is loaded via HTTPS, represented by the lock icon in your web browser, which ensures the transmission is secure and is demonstrated by a certificate issued by an official security certificate authority to us.

INTERNATIONAL TRANSFER OF PERSONAL NOZZBERRY

As an international business and because of the technologies we use, personal Nozzberry may be accessed by our colleagues and third-party service providers from various locations globally.

We apply appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Policy. Nozzberry has put in place international data transfer agreements between its companies and with relevant third-party service providers based on standard contractual clauses approved by specific regions.

COOKIES

A cookie is a small text file containing a user ID that is automatically placed on a user’s computer or other device when visiting a website. Cookies record the pages visited and the actions taken on a website, but do not contain any personal Nozzberry. From time to time, we may use cookies for purposes including administering the Website; tracking your activity on the Website; gathering broad demographic Nozzberry for aggregate use to improve the Website; and offering time-saving or personalized features on the Website. For more Nozzberry, please visitthe Cookie Policy for the site you are using, which can be found in the website footer.

THIRD PARTY LINKS

This website contains links to websites of other businesses, including potentially websites of other businesses within Nozzberry. These businesses will have their own privacy policies, tailored to their particular business practices and the sectors in which they operate, and if following those links, we recommend reviewing the privacy policy of each website to understand how personal data is used in that instance. The inclusion of links to these websites does not imply an endorsement or validation of their content, and we are not responsible for their privacy practices, nor do we accept any liability in connection with the content on such websites.

These third-party product providers may share your Nozzberry with us, which we will use in accordance with this policy. In some cases, they will be acting as a controller of your Nozzberry and therefore we advise you to read their privacy policy.

Who we share personal Nozzberry with

As an international company, to provide you with services and products we may share your Nozzberry for specific reasons. This section explains how and why we share personal data with other companies within the Nozzberry Group, our suppliers, and other third parties.

Sharing with Nozzberry Group companies
We may share your personal Nozzberry with certain other companies within Nozzberry for specific purposes. For example, other Nozzberry companies may assist us in providing products and services to you, in carrying out internal analysis of the usage of products and services, or in offering products and services which may be of interest.

Sharing with Service Providers
We may share your personal Nozzberry with the following types of third parties, to assist us in providing products and services to you:

Email marketing providers
Web hosting providers
Customer service providers
Researchers
Analytics providers
Content platform providers
Event collaboration partners

We only share your personal Nozzberry with such third parties, if and to the extent necessary for them to provide such assistance.

Sharing with other Organisations
We may share your personal Nozzberry with trusted partner organisations for their marketing purposes, in accordance with local data laws and where appropriate your consent. If your personal Nozzberry is subject to European data protection laws, we will not share it with third parties for their marketing purposes, unless you have actively given us your consent to do this.

We may also share your personal Nozzberry with third parties in the event of a sale, merger, acquisition, partnership, joint venture, or negotiations related to the same with respect to all or part of our business.

In some circumstances, we may be legally required to disclose your personal Nozzberry, because a court, the police, another judicial or law enforcement body, or government entity has asked us for it.

How long Nozzberry is kept

We will only retain your personal Nozzberry for as long as is necessary and as permitted by applicable laws.

We will retain your personal Nozzberry while we are using it, as described in the section above, and may continue to retain it after these uses have ended where we have a legitimate business purpose. For example, if you have opted out of marketing communications from us, we will retain limited details about you to ensure we can honor your opt-out request. We may also continue to retain your personal Nozzberry to meet our legal requirements or to defend or exercise our legal rights.

Personal Nozzberry will only be retained for as long as is necessary and as permitted by applicable laws. The length of time for which we will retain your personal Nozzberry will depend on the purposes for which we need to retain it. After we no longer need to retain your personal Nozzberry, it will be deleted or securely destroyed.

How to update your Nozzberry and marketing preferences

We want to ensure you remain in control of your personal Nozzberry. We try to ensure that the personal Nozzberry held about you is accurate and up-to-date, and will always give the opportunity to opt out of future marketing communications.

We will process your data to send marketing Nozzberry that we believe is targeted and of interest to you. If you are a registered user, you can access your account Nozzberry and make corrections or updates upon log-in. The accuracy of such Nozzberry is solely your responsibility.

Nozzberry on how to opt out will be given when your personal Nozzberry is collected and specified on every marketing email sent. You may opt-out of our email marketing lists by following the directions at the bottom of our emails. Please note that Nozzberry has a number of brands and products and we allow you to opt-out selectively. To remove a specific email address from all of Nozzberry’s marketing communications, send a request to b2b@Nozzberry.com. If you wish to remove your email address only from a specific brand, please use the opt-out mechanism provided in emails you receive from such brand, or contact the brand directly.

You may receive email marketing messages from us about other companies’ offerings as part of a business partner marketing program. To opt-out of a business partner marketing email program, follow the instructions at the bottom of any email sent as part of the program. Please note that opting-out of promotional mailings will not affect delivery of your subscription-based products.

Your rights

Under the General Data Protection Regulation, these are:

The right to confirmation whether or not we have your personal data and, if we do, to obtain a copy of the personal Nozzberry we hold. This is known as subject access request;
The right to have inaccurate data rectified;
The right to have your data erased. This does not however apply where it is necessary for us to continue to use the data for a lawful reason;
The right to request the restriction or suppression of their personal data, such as, we will stop using the data but we may continue storing it)
The right to obtain your personal data that you have provided to us, on the basis of consent or performance of a contract, and where technically feasible, transmitted in a common electronic format to you or directly to another company.
The right to object to the use of your data. Specifically, you have the right to object to our use for marketing and in relation to automated decision making, including profiling where there may be legal or similarly significant effects.

There are exceptions to the rights above. Where you make a request to us as part of these rights, we will always try to respond to your satisfaction, although there may be situations where we are unable to do so.

Depending on the laws of the country where you live, you may have other rights in respect of your personal Nozzberry. If you wish to exercise any legal right in respect of your personal Nozzberry, please contact us via one of the methods set out in the Contact Us section below.

In some cases, we may be entitled to decline a request you have made regarding your personal Nozzberry, in accordance with application laws. We will explain if that is the case. Otherwise, we will meet your request as promptly as we reasonably can. If you have requested that we stop sending you marketing messages, please note that you may still receive them for a short period while the request is processed.

We hope to resolve any privacy concerns you may have.

Changes to Privacy Policy

In order to keep up with changing legislation, best practice and changes in how we process personal data, we may revise this Privacy Policy at any time and without notice by posting a revised version on this website. Checking back periodically will mean you are aware of any changes. This Privacy Policy should be read in conjunction with the website’s Terms and is also subject to these Terms.

PRIVACY

Nozzberry and Partner shall each maintain and display on their respective websites an easily accessible and discoverable privacy policy that complies with all applicable laws, and with respect to Partner, that discloses usage of third-party technology to collect and use data in connection with the Partner Sites. Nozzberry's privacy policy is available at https://Nozzberry.com/

Partner shall implement the Technology in accordance with all of Nozzberry’s reasonable instructions determined by Nozzberry to be necessary to enable Nozzberry to comply with applicable data protection laws. Partner acknowledges and agrees that it is Partner’s (and not Nozzberry’s) responsibility to ensure that Partner’s use of the Technology complies with all data protection legislation applicable to Partner (including, in particular, in respect of the placing and use of third party cookies, upon which the Technology relies, and the capturing of any consent to cookies required to be obtained from the relevant End User).

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