INFORMATION COLLECTED AND USE
A. Order Forms & Contact Forms
Nexcess requests PII (e.g., your name, address, e-mail address, telephone number, fax number, and financial information such as credit card information) from the customer through order forms. We may also request a government identification number or other financial information. This information is only collected when volunteered by the user. We will then create an account number for you.
Nexcess also receives and stores any information you enter on our website or that you give use in any other way, including through e-mail, telephone, or other communications with our customer service department.
PII collected by Nexcess on behalf of a Customer belongs solely to the Customer. Nexcess complies with the federal CAN-SPAM Act of 2003. As a result, please be aware that Nexcess uses the e-mail addresses you provide in order to: (a) send information and respond to inquiries and/or other requests or questions; (b) process orders and send information pertaining to orders; (c) send you additional information related to your services; and (d) send marketing emails or continue sending e-mails to our clients after the original transaction has occurred.
B. Surveys and Contests
Occasionally Nexcess requests information from customers for use in surveys and contests. The information requested may include contact information and/or demographic information. Contact information is used to notify the winners and award prizes while the survey information is used to improve the use and satisfaction of our website.
Nexcess may use a third-party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users’ PII for any other purpose. We will not share the PII you provide through a survey or contest with other third parties unless we give you prior notice and choice.
C. Support Ticket Systems
If you contact us for support, we will keep an internal record of what support was given. Nexcess has a system of support in which Customers may submit private data in the form of a ticket to resolve any issues they may have. The information submitted via this system is stored by Nexcess. This data is used solely to analyze and resolve the customer's issue.
D. E-mail Marketing
Nexcess will periodically send you e-mail advertisements regarding the services offered by Nexcess. Nexcess will not send you marketing messages if you have opted out. You can choose not to receive messages in the future by following the “unsubscribe” instructions located near the bottom of each email. In accordance with the CAN-SPAM Act, we agree to the following: (a) we will not use false or misleading subjects or email addresses; (b) we will identify the message as an advertisement in some reasonable way; (c) we will include the physical address of our business or site headquarters; (d) we will monitor third-party e-mail marketing services for compliance, if one is used; (e) we will honor unsubscribe requests promptly; and (f) we will allow users to unsubscribe by using the link at the bottom of each e-mail.
E. Cookies and Other Tracking Technologies
F. IP Addresses
IP addresses are used to analyze trends, administer the site, track user movement and to gather broad demographic information. This information is not linked to personally identifiable information of the customer.
SHARING RETENTION, AND STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION
Nexcess takes all reasonable steps to prevent unauthorized use or disclosure of your personal information. Nexcess does not sell, rent, or otherwise disclose customers’ PII to third parties, unless such customers have consented to the disclosure. However, it may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence for Nexcess to disclose personal information. Nexcess may provide links to other websites but makes no warranty of the privacy policies of these websites.
Nexcess stores all PII in an encrypted format, secured behind a firewall. Industry “best practices” are followed to ensure the data is safe. Only those employees whose job responsibilities require them to use the PII are permitted access to such data. Employees are required to enter into a non-disclosure agreement as a condition of employment.
Nexcess shall take reasonable steps to ensure that the personal information collected is accurate and reliable for its intended use. Nexcess shall provide Customer with reasonable access, as required by law, to their personal information in order to confirm that it is correct or to amend or delete inaccurate information. If Customer needs to correct, update, or remove personal information provided to Nexcess, Customer may do so in Nexcess client portal located at https://portal.nexcess.net/login/.
From time to time, Nexcess or someone acting on behalf of Nexcess may contact you, to confirm your orders, to send information to you, and to provide you with offers for services. The contacts may occur by e-mail, telephone, or text message. In accordance with applicable law, and where you have provided valid consent, you may receive marketing telephone calls from or on behalf of Nexcess, which may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Nexcess. By providing your mobile number, you consent to receiving marketing text messages from or on behalf of Nexcess that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Nexcess. Message and data rates may apply.
Any information you send to us may be stored and used to improve Nexcess’ website and our products or it may be reviewed and discarded.
THIRD PARTY SERVICE PROVIDERS
Nexcess may at times provide information about you to third parties to provide various services on our behalf or to support the services that we provide our customers, such as processing credit card payments, storing credit card information, serving advertisements, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, customer relationship management, etc. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your PII for any secondary purposes.
SUPPLEMENTATION OF INFORMATION
We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps use to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include information from our strategic partners or service providers. We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
TRANSFER OF DATA ABROAD
If you are visiting Nexcess’ website from a country other than the United States of America, your communications with us may result in the transfer of information across international boundaries. Furthermore, you acknowledge and agree that our customer support operations, including support provided via telephone and chat, may be located in different countries around the world. Accordingly, when you originate a call or chat from your country of residence, it is possible that the call or chat will be supported by a representative in another country (including, for example, one outside of the European Economic Area), and that such information provided will be transferred to that country.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your information to third parties as part of legal process.
WHAT HAPPENS TO MY PII IF I TERMINATE MY NEXCESS ACCOUNT?
Cancellation of your Nexcess account (either voluntarily or involuntarily) does not mean your PII has been deleted from our database. We will retain and use your PII as necessary in order to comply with our legal obligations, resolve disputes, follow up regarding the termination of your account, or enforce our agreements.
Nexcess may display targeted, or interest-based, offers to our customers based on the products currently owned by the customer. These offers will display as varying product banners. There is no personal or geolocation information collected within these product banners to build a profile about your activities or that is shared with third party advertising companies.
We partner with third parties to manage our advertising on other websites. Our third party partners may use technologies such as cookies to gather information about your activities on Nexcess’ website and other websites in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness.
CHANGES IN OUR PRACTICES