Nomwell

Privacy Policy

Protecting your privacy is very important to us.  Accordingly, we are providing this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information that we receive when you use our Application.  “Application” in this Privacy Policy means the Application as defined in our Terms of Use, accessible via the Nomwell mobile device application.  This Privacy Policy applies only to the Application and does not apply to any third party websites, services, or applications, even if they are accessible through the Application.  All capitalized words used but not defined in this Privacy Policy have the same meanings as given in our Terms of Use.  By using the Application, you agree to be bound by the Privacy Policy and are concluding a legally binding contract with Hourglass Offerings LLC (“Nomwell”).  Do not access or use the Application if you are unwilling or unable to be bound by the Privacy Policy.

1. Collection and Use of Information

Our primary goals in collecting information are to provide and improve the Application, to administer your use of the Application (including your Account, if applicable), and to enable you to enjoy and easily navigate the Application.

A. Account Information

.  When you create an Account we will collect certain information that can be used to identify you, such as your name, email address, and photo (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII, such as your individual preferences. We may use information that is not PII in our sole discretion.  We may use your PII to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the Opt-Out procedure described in Section 9 below.

B. Information Collected Using Cookies

.  We collect certain information through the use of “cookies,” which are small text files that are saved when you access the Application. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Application and to tell us how and when you interact with the Application. We may also use cookies to monitor aggregate usage and web traffic routing on the Application and to customize and improve the Application. Unlike persistent cookies, session cookies are deleted when you log off from the Application. We may engage third party services providers (including third party advertisers) that may also place their own cookies in the Application. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

C. Information Related to Use of the Application

.  Our servers automatically record certain information about how a user uses the Application (“Log Data”).  Log Data may include information such as a user’s Internet Protocol (IP) address, operating system, the pages or features of the Application which a user browsed and the time spent on those pages or features, search terms, the links on the Application that a user clicked (including advertisements clicked) and other statistics. We use this information to provide the Application, and we analyze (and may engage third parties to analyze) this information to improve and enhance the Application by expanding its features and functionality and tailoring them to our users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how the Application is used.

D. Location Information

.  In some cases, we may collect and store information about where you are located, including, without limitation, by converting your IP address into a rough geolocation.  We may use location information to improve and personalize the Application for you.

2. Controlling your Personal Data

Other users may be able to identify you or associate you with your account if you include personal information in the Content you post publicly or if you link your account to other social media accounts.  You can reduce the risk of being personally identified by using the Application pseudonymously, though doing so could detract from the credibility of your contributions to the Application.  Please also note that the messages you send or receive using the Application are only private to the extent that both you and the sender/recipient keep them private.

3. Sharing Information with Third Parties

We will not share any PII that we have collected from you except as described in this Section 3.

A. Information Shared with our Services Providers

.  We may engage third party service providers to work with us to administer and provide the Application.  These third party services providers have access to your PII only for the purpose of performing services on our behalf.

B. Information Shared with Third Parties

.  We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.  We may also provide your PII to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.  You can, at any time, opt out of receiving such communications pursuant to Section 9 below.

C. Information Disclosed in Connection with Business Transactions

.  Information that we collect from our users, including PII, is considered to be a business asset.  As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third party acquirer in connection with the transaction.

D. Information Disclosed for our Protection and the Protection of Others

.  It is our policy to cooperate with government and law enforcement officials and private parties.  We therefore reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary:  (i) to satisfy or comply with any applicable law; regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.

E. Information We Disclose with your Consent or at your Request

.  We will share your PII with third party sites or platforms, such as social networking sites, only if you have expressly requested that we do so.

4. Information Security

We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive and/or personally-identifying information on our registration or order forms, we encrypt that information.  However, no method of transmission over the internet, or method of electronic storage, is 100% secure, and we cannot guarantee the absolute security of any information you provide to us. 

5. Data Retention and Account Termination

Upon cancellation of your Account, we will remove your public posts from view and/or dissociate them from your account profile,  but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

6. Links to Other Sites

The Application may contain links to other websites and services.  Any information that you provide on or to a third party website or service is provided directly to the owner of the website or service and is subject to that party's privacy policy.  Our Privacy Policy does not apply to such websites or services, and we are not responsible for the Content, privacy or security practices and policies of those websites or services.  To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

7. Emailing and Messaging via a Nomwell Account

In connection with access to or use of the Application, Account holders may communicate with other Account holders and, in certain circumstances, with non-registered users, through use of direct messaging, email, and the social sharing functionality associated with their Accounts.  Nomwell hereby disclaims all liability for or arising out of Content (as defined in the Terms of Use) uploaded, transmitted, or otherwise communicated by Account holders or any other third parties.

8. Modifying Your Information

If you want us to delete your PII and your Account, please contact us at feedback@nomwellapp.com.  We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law or other legal requirements.

9. Opting Out

If you do not wish to receive promotional emails, newsletter notifications, or other communications from us, please follow the unsubscribe instructions provided in any of the communications.

10. International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.  Your consent to this Privacy Policy followed by your submission of any PII represents your agreement to that transfer.

11. Children

The Application is not directed to children under 13, and we do not knowingly collect PII from children under 13.  If we learn that we have collected PII of a child under 13, we will take steps to delete such information from our files as soon as practicable.

12. Changes to Privacy Policy

You understand and agree that your access to or use of the Application is governed by the Privacy Policy effective at the time of your access to or use of the Application.  If we make material changes to the Privacy Policy, we will notify you by email or by posting a notice in the Application on or prior to the effective date of the changes.  You should revisit the Privacy Policy on a regular basis, as revised versions will be binding on you.  Any such modification will be effective upon our posting of a new Privacy Policy.  By continuing to access or use the Application after such modifications become effective, you agree to be bound by the modified Privacy Policy.