Privacy Policy

• Personal Information. When you use the Nextup.ai Services, we will collect personally identifiable information either directly from you or through third party data sources when you connect to the Nextup.ai Services, including your first and last name, e-mail address, time zone and chat username (“Personal Information”) when you create an account to log in to our network. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail.
• Confidential Information. When you use the Nextup.ai Services, in addition to Personal Information, you may provide us with information that we should reasonably know is confidential and that you expect to be treated as confidential either directly from you or through third party data sources when you connect to the Nextup.ai Services (“Confidential Information”).
• Information from your chat program. The Nextup.ai Service requires access to your data, as well as the data of your team members, that is stored in or made available to your chat program as contemplated in your chat program's Customer Terms of Service. We have access to that information, which may include your Personal Information or Confidential Information.
• Web Beacons. Our Website also contains electronic images known as Web beacons (sometimes called single-pixel gifs)that are set by our service providers or business partners. Web beacons are used along with cookies enabling us and/or our partners to compile aggregated statistics and analyze how our Website is used (collectively, “Web Beacon Information”). We use a third party service provider or our business partners to gather information about how you and others use our Website. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our Website is used.
• Links to Other Web Sites. Our Website includes hyperlinks to other web pages whose privacy practices may differ from ours and are provided for your convenience. Please note that we are not responsible for any third party web pages that are not owned or operated by Nextup.  Your use of any third party web pages is entirely at your own risk.  Under no circumstances will Nextup be liable for any acts, omissions, business or privacy practices of any third party web page. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
• Computer Information. Like most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system (collectively, “Header Information”).

Use of Information

We use the information that we collect from you as detailed in this section.  

We use your Personal Information for the following purposes:

• To create your user account for the Nextup.ai Services and in connection with rendering customer and technical support for the Nextup.ai Services.
• If you contact us through our Website with a general inquiry, we use your Personal Information to respond to your inquiry of us.
• If you provide Personal Information to us in connection with your use of the chat program and the Nextup.ai Service, we will use your Personal Information to convey your desired message in accordance with the Customer Terms of Service.
• If you opt-in to receive promotional messages from us regarding products or services that may be of interest to you, we will use your Personal Information to send you these promotional messages.

We use your Confidential Information for purposes of rendering the Nextup.ai Services to you.  

We use Cookie Information and Header Information to:

• Detect and troubleshoot issues with the Nextup.ai Services and Website;
• combat against fraud and malicious activity, and
• optimize and improve your user experience by tailoring the Nextup.ai Services and Website to the computing devices and internet web browsers most often utilized by our visitors and customers.  

We use Web Beacon Information for purposes of evaluating the effectiveness of our marketing and advertising efforts.  

Sharing and Disclosing Information

We utilize a number of third party service providers in connection with providing our Nextup.ai Services and Website, including data and web hosting, payment card processing, and software services.  We provide your Personal Information to third party service providers to the extent necessary in order for those third party service providers to render their services to us.  We do not permit our third party service providers to use your Personal Information for any purpose other than to render their services to us.  

In addition to the foregoing and subject to applicable law, we reserve the right to disclose your Personal Information for the following reasons:

• as required by law such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• if we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information;
• to any other third party with your prior consent to do so.
• We also may anonymize or aggregate Personal Information or Confidential Information with the Personal Information or Confidential information of other users (e.g. average performance indicators) so that the information does not identify you and does not identify you as a source of data. Such anonymized or aggregated information does not constitute Personal Information or Confidential Information and we reserve the right to sell, lease or transfer that information now or in the future.

Data Retention

We keep the Personal Information that we collect from you, such as your name, email address, chat username, and time zone, for the length of time reasonably needed to fulfill the purposes outlined in this Policy (including for as long as need to provide you or our customer with products and the Nextup.ai Services), unless a longer retention period is required by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements. We retain your account information for the Nextup.ai Services for as long as your employer’s account is active and thereafter unless your employer requests deletion. Aggregated and de-identified information may be stored indefinitely.

Public Information

If you are a member of a team that has enabled Nextup.ai Services, we reserve the right to publicize on our Website (i) your team name and team avatar and (ii) your user name, your first and last initial, and your avatar. We will not publicly present your personal team information like reports and direct massages you provide to Nextup.

If you want to be excluded from this section of the usage of the Nextup.ai Service, please contact us at info@nextup.ai.

Security

Nextup takes security of data very seriously. Nextup works hard to protect the information that you provide us from loss, misuse, and unauthorized access or disclosure. To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Nextup cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.

If you have any questions about security in using the Nextup.ai Service, please review our latest security information or contact us at info@nextup.ai

Updates to Information

If you would like to review or update your Personal Information, please contact us at info@nextup.ai.

If you ever decide to delete your account, you may do so by emailing info@nextup.ai. If you terminate your account, any association between your account and information we store will no longer be accessible through your account.

Age Limitations / Children's Online Privacy

Nextup does not knowingly market to or solicit Personal Information from children under the age of thirteen.  You must be at least eighteen years of age to use the Nextup.ai Services and Website.  If you are the parent or legal guardian of a child under the age of eighteen and you believe your child may have provided us with Personal Information, please, please contact us and we will delete such information.

Changes to Privacy Policy

We reserve the right to update and amend this Policy from time to time in our sole discretion.  When we update this Policy, we will update the “Last Modified Date” that is included at the top of this document.  Revisions to this Policy will become effective upon their posting unless otherwise required under applicable law.  It is your responsibility to routinely check this document for revisions as such revisions are binding upon you.  Except as otherwise required under applicable law, if we amend this Privacy Policy and make a material change to the manner in which we collect, use, or disclose your Personal Information, we will notify you by posting an announcement on the Website.

If you continue using the Nextup.ai Services or Website after the posting of a revised Policy, such use will be construed as your agreement to the revisions.  If you do not agree with any revision to this Policy, then you must cease your use of the Nextup.aiServices and Website.  

We encourage you to periodically review this page for the latest information on our privacy practices.

European Union (“EU”) General Data Protection Regulation(“GDPR”) Disclosures

The EU’s GDPR imposes disclosure requirements on us with respect to data subjects that are located within the EU.  As it pertains to this Section on the GDPR, the terms “controller,” “data subject,” “personal data,” “processor,” and “supervisory authority” are intended to have the same meanings conferred inRegulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016.  

Identity of the Controller – Nextup.ai, Inc., 3515 River Ridge Way, Perrysburg, Ohio 43551

Data Protection Officer – dpo@nextup.ai

Purposes of Processing – The personal data that we collect from you is processed for the purposes detailed in the other Sections of this Policy.  

The legal basis for our processing is as followings:

• If you provide us with personal data in connection with the creation of an account and use of the Nextup.ai Services, the legal basis for our processing is both your consent and by contract.
• If you contact us with a general inquiry via email, the legal basis for our processing of your personal data is your consent and our legitimate basis in responding to inquiries that are received by our business.
• In the event that you choose to affirmatively consent to receive our promotional email messages, the legal basis for our processing of your personal data is your consent.  
• The legal basis for our processing of information derived from internet cookies is your consent.  

Categories of Recipients of Personal Data – Subject to applicable law, we provide personal data to third parties in accordance with the terms of this Policy, including to third party service providers as detailed in the Section above entitled Sharing and Disclosing Information.

Transfers of Personal Data – if you are a resident of the EU or United Kingdom, Nextup will transfer your Personal Data to countries other than the one in which you live. Under such a circumstance, we utilize the Standard Contractual Clauses then in effect as approved by the European Commission as the legal mechanism for any such transfer of personal data outside the EU.

A copy of our standard data processing addendum, incorporating the Standard Contractual Clauses, is available upon request at privacy@nextup.ai. 

Personal Data Retention Period – We will maintain your personal data for as long as needed to fulfill the purposes for which your personal data was collected.  We retain your personal data in connection with a customer account for as long as is necessary to provide you with access to the Nextup.ai Services or until such time as the customer that is responsible for paying for the account contacts us to request deletion.  We retain personal data for promotional messages that you have provided consent to receive until such time as you withdraw your consent.

‍Statutory or Contractual Requirement for Personal Data – Whenever personal data is marked as being mandatory for you to provide to us in connection with creating an account for the Nextup.ai Services, such information is a contractual requirement. For any other information that is designated as mandatory, such information is not contractually required, but you will be unable to submit the applicable web form without completing all of the required fields. This information is required in order for us to fulfill your desired function.  

EU Data Rights

If you are an EU resident or a resident of the United Kingdom, you have the following data rights:

• The right to access the personal data that we maintain about you;
•  The right to request that your personal data be corrected, updated, or deleted;
• The right to data portability, which is the right to have your personal data provided you in a form that you could use with another service provider;
• To the extent that the legal basis of our use of your personal data is your consent, the right to withdraw your consent;
• The right to object to a processing activity under certain circumstances;
• The right to impose a restriction on our processing of the data subject’s personal data under certain circumstances; and
• The right to lodge a complaint against us with a supervisory authority.

If you would like to exercise any of the foregoing rights, please contact us through the contact information below. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://edpb.europa.eu/ for more information and to file a complaint. The services of the EU DPAs are provided at no cost to you.

Your California Privacy Rights

To the extent applicable to Nextup, this section contains additional details for California residents pursuant to the California Consumer Privacy Act (“CCPA”) about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

To the extent that our role in providing the Service is that of a “Service Provider”, we agree with our customers that we will not: (i) sell any personal information that we receive from our customer; (ii) we will not retain, use, or disclose the personal information that we receive from our customer for any purpose other than the specific purpose of performing the services specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract; (iii) we will not retain, use, or disclose the information outside the direct business relationship between the customer and our business.  

To the extent that the CCPA is applicable to Nextup, the table included below includes details about the categories of personal information that we have collected about consumers during the preceding twelve (12) months, the reasons for collection of that personal information and the category of sources that the personal information has been collected from.