By using this website as a user (hereafter “You”), You agree to the following Privacy Policy.
Please read this policy carefully before using this website.
This website is owned and operated by a South Dakota company (hereafter “Our”, “We”, or
“Company”). Our principal place of business is located in Sioux Falls, SD.
Our mailing address is:
714 E 21st St, Sioux Falls, SD 57105
For any privacy-related questions, you can reach us at hello@nikayla.co
General
We at Nikayla & Co LLC respect Your privacy. This Privacy Policy is designed to explain how
We collect, use, share, and protect the personal information You provide to us when You access
Our website, purchase Our goods or services, or engage with us on social media, as well as Your
own rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by
changing the “last updated” date at the top of this Policy. Any changes become effective
immediately upon publication on Our website, and You waive specific notice of any changes to
the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy
Policy periodically when You use Our website for any purpose or engage with us on social
media. You are deemed to have accepted any changes to any revised Privacy Policy by Your
continued use of Our website after the revised Privacy Policy is posted.
Information Collected
We collect a variety of information from You when You visit Our website, make purchases, or
interact with us on social media. By accepting this Privacy Policy, You are specifically
consenting to Our collection of the data described below, to Our use of the data, to the processing
of this data, and to Our sharing of the data with third-party processors as needed for Our
legitimate business interests The information We collect may include:
Personal Data: Personal Data is information that can be used to identify You specifically,
including Your name, shipping address, email address, telephone number or demographic
information like Your age, gender, or hometown. You consent to give us this information by
providing it to us voluntarily on Our website or any mobile application. You provide some of this
information when You register with or make purchases from Our website. You may also provide
this information by participating in various activities associated with Our site, including
responding to blogs, contacting us with questions, or participating in group training. Your
decision to disclose this data is entirely voluntary. You are under no obligation to provide this
information, but Your refusal may prevent You from accessing certain benefits from Our website
or from making purchases.
Derivative Data: Derivative data is information that Our servers automatically collect about You
when You access Our website, such as Your IP address, browser type, the dates and times that
You access Our website, and the specific pages You view. If You are using a mobile application,
Our servers may collect information about Your device name and type, Your phone number, Your
country of origin, and other interactions with Our application.
Financial Data: Financial data is data that is related to Your payment methods, such as credit card
or bank transfer details. We collect financial data in order to allow You to purchase, order, return
or exchange products or services from Our website and any related mobile apps. We store limited
financial data. Most financial data are transferred to Our payment processor and You should
review these processors’ Privacy Policy to determine how they use, disclose and protect Your
financial data.
Social Networking Data: We may access personal information from social networking sites and
apps, including Facebook, Instagram, TikTok, LinkedIn, Twitter, Snapchat or other social
networking sites or apps not named specifically here, which may include Your name, Your social
network username, location, email address, age, gender, profile picture, and any other public
information. If You do not want us to access this information, please go to the specific social
networking site and change Your privacy settings.
Mobile Device Data: If You use Our website via a mobile device or app, We may collect
information about Your mobile device, including device ID, model and manufacturer, and
location information.
Other data: On occasion, You may give us additional data in order to enter into a contest or
giveaway or to participate in a survey. You will be prompted for this information and it will be
clear that You are offering this kind of information in exchange for an entry into such a contest or
giveaway.
Use of Information
Your information allows us to offer You certain products and services, including the use of Our
website, to fulfill Our obligations to You, to customize Your interaction with Our company and
Our website, and to allow us to suggest other products and services We think might interest You.
We generally store Your data and transmit it to a third-party for processing. However, to the
extent We process Your data, We do so to serve Our legitimate business interests (such as
providing You with the opportunity to purchase Our goods or services and interact with Our
website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our
website will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third-party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
We may share Your information with third-parties in certain situations. In particular, We may
share Your data with third-party processors as needed to serve Our legitimate business interests,
which include administration of Our website, administration of Your account, entering into
contracts with You, communicating with You, taking orders for goods or services, delivering Our
goods and services, identifying trends, protecting the security of Our company and website, and
marketing additional goods and services to You. The legal basis for Our disclosure of Your data
is both Your Consent to this Privacy Policy and Our own right to protect and promote Our
legitimate business interests.
The following are specific reasons why We may share Your information.
Third-party Processing: We may disclose Your information to third-parties who assist us with
various tasks, including payment processing, hosting services, email delivery and customer
service. For more information, see the “Other Third-Parties” Section below.
By Law: We may share Your data as required by law or to respond to legal process, including a
subpoena, or as necessary to protect the rights, property, and safety of others. This includes
sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to
investigate and remedy any violations of Our rights or policies. We may also disclose Your
information as reasonably necessary to acquire and maintain insurance coverage, manage risks,
obtain financial or legal advice, or to exercise or defend against legal claims.
Other Third-Parties: We may share information with advertisers, Our investors, or other thirdparties
for the purpose of conducting general business analysis. If We do so, We will make
reasonable efforts to inform You if required by law.
Sale or Bankruptcy: In the event that Our company is sold, goes out of business or enters
bankruptcy, Your information may be an asset that is transferred to a third-party successor. Such
a successor is not bound by Our Privacy Policy and may have its own. You will be notified in the
event Our Company is sold, goes out of business or enters bankruptcy.
Interaction with others: If You interact with others on Our website or mobile app, such as
participating in a group chat or a group online course, other users may have access to some of
Your data, including Your name, profile picture, and Your history of interaction with Our
website, such as prior comments or posts.
Online postings: When You post online, Your posts may be viewed by others, and We may
distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We
suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in
including a hyperlink on Our own web page, We do not regularly monitor the websites of these
third-parties, and are not responsible for any damage or consequences You suffer by using these
hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access
by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those thirdparty
websites before interacting with them or making purchases. They may collect different
information and use different methods than We do.
Other purposes: We may disclose Your personal data as necessary to protect Your interests, or the
vital interests of others or Our company.
Tracking Technologies
Cookies, Log Files and Web Beacons: Like many other websites, We make use of log files.
These files merely log visitors to the site – usually a standard procedure for hosting companies
and a part of hosting services’ analytics. The information inside the log files includes internet
protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/
exit pages, and possibly the number of clicks. This information is used to analyze trends,
administer the site, track users’ movement around the site, and gather demographic information.
IP addresses and other such information are not linked to any information that is personally
identifiable.
We also use cookies - small text files sent to us by Your computer - and web beacons to store
certain information. We may use cookies to authenticate Your identity, to determine if You are
logged onto Our website, for personalization, for security, for targeted advertising, or for analysis
of the performance of Our website and services. For example, cookies allow us to recommend
blog posts to You based on what You have read on Our site in the past. We use cookies that are
not specific to Your account but unique enough to allow us to analyze general trends and use and
to customize Your interaction with Our website.
Most browsers are set to accept cookies by default. In addition, when You first encounter Our
website, You will be asked to “consent to cookies.” If You wish to disable cookies, You may do
so through Your individual browser options. However, this may affect Your ability to use or
make purchases from Our website. By continuing to use Our website and not disabling cookies
on Your browser, You are consenting to Our use of cookies in accordance with the terms of this
policy.
In addition, We may use third-party software to post advertisements on Our website or mobile
app to oversee marketing or email campaigns or manage other company initiatives. This thirdparty
software may use cookies or similar tracking technology. We have no control over these
third-parties or their use of cookies. For more information on opting out of interest-based ads,
visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out
Tool.
Website Analytics
We may partner with third-party analytic companies, including but not limited to Google
Analytics. The analytic companies may also use cookies or other tracking technologies to
analyze visitors’ use of Our website or mobile app to determine the popularity of the content and
better understand online activity. We do not transfer personal information to these third-party
vendors.
Processing Your Information
In most circumstances, We do not process Your information in-house but give it to third-party
processors for processing. For example, when PayPal takes Your payment information, they are a
third-party processor. They process Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in processing this
information is to administer, maintain, and improve Our website and offerings, to enter into
contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and
interactions, to be able to provide You with goods and services, to comply with Our legal
obligations, to obtain professional advice, and to protect the rights and interests of Our company,
Our customers (including You), and any third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email address and
payment information
2. Data about Your usage of Our website, such as Your IP address, geographical
information, and how long You accessed Our website and what You viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture,
interests and hobbies, or employment details.
4. Data that You provide us in the course of using Our services.
5. Data that You post on Our website, such as comments or responses to blogs.
6. Data that You submit to us when You make an inquiry regarding Our website or
offerings.
7. Data related to Your transactions with us, including Your purchase of Our goods or
services. This information may include contact details and payment information.
8. Data that You provide to us when You subscribe to Our emails or newsletters,
including Your email address and contact information.
9. Data that You submit to us via correspondence, such as when You email us with
questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal
obligations, or to protect the vital interests of You or any other natural person.
Data Retention
We retain personal data as long as it is needed to conduct Our legitimate business purposes or to
comply with Our legal obligations, or until You ask Us to delete Your data. For example, We will
retain certain personal information indefinitely for the purposes of maintaining Your account,
unless and until You delete Your account. Data that We gather for a specific and particular
purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is
necessary for that particular purpose. Data that is no longer needed by us for any of the purposes
listed above will be permanently deleted.
You may request that We delete Your data at any time. However, note that We cannot control the
retention policies of third-parties. If You wish to have any third-parties, including those to whom
We’ve transmitted Your data, delete that data, You will need to contact those third-parties
directly. You may request from us a list of all third parties to whom We have transmitted Your
data.
Minors
This website is not designed for use by children under the age of 13, and We do not knowingly
solicit personal data from anyone under the age of 13. If You are under the age of 13, do not
access or use Our website or related products or services. If You become aware that We have
collected data of anyone under the age of 13, please contact us so that We may delete that data.
Your Rights
You have certain rights with respect to Your personal data, as outlined within this Privacy Policy.
We may charge You a reasonable fee for actions that You ask us to take with respect to Your data.
We also reserve the right to request that You provide us with evidence of Your identity before We
take any action with respect to the exercise of Your data rights. Further, Your rights may be
restricted or nullified to the extent they conflict with Our compelling business interests, the
public interest, or the law.
Update Account Information: You have the right to update or change any information You have
provided to us. To update or delete Your information, please contact us at hello@nikayla.co
Confirm Personal Data and Its Use: You have the right to request that We confirm what data We
hold about You, and for what purposes. You also have the right to confirmation of whether We
process Your data or deliver Your data to third-party processors, and for what purposes. We will
supply You with copies of Your personal data unless doing so would affect the rights and
freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In
such cases, We may require You to delete Your account with us, as described above, and You
may not have full access to Our website.
Opt-Out of Communications: If you do not wish to receive marketing communications from Us,
you can unsubscribe via the link in an email you have received.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold
about You. Your first request for a copy of Your personal data will be provided free of charge;
subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to
another controller, in a commonly used and machine-readable format, unless doing so would
cause us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and
We must delete such data without undue delay. There are exceptions to this right, such as when
keeping Your data is required by law, is necessary to exercise the right of freedom of expression
and information, is required for compliance with a legal obligation, or is necessary for the
exercise or defense of legal claims. Such a request may result in termination of Your account
with us and You may have limited or no use of Our website.
Marketing Communications: You may opt-out of receiving any third-party marketing
communications or having Your personal information used for marketing purposes.
Processing: In some circumstances, You may restrict the processing of Your data, such as when
You contest the accuracy of Your data or when You have objected to processing, pending the
verification of that objection. When processing has been restricted, We will continue to store
Your data but will not pass it on to third-party processors without Your consent, or as necessary
to comply with legal obligations or protect Your rights or those of others or Our company. In
addition, You may opt-out of any processing of Your data altogether. Doing so may result in the
termination of Your account and loss of access to Our website.
Complaints: You have the right to complain to a supervising authority if You believe We are
misusing Your data or have violated any of Your rights under this Privacy Policy or applicable
law.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and marketing purposes. This
information includes, but is not limited to, Your name and email. You can unsubscribe from any
future communications via email, but We reserve the right to maintain a database of past email
subscribers. We reserve the right to use this information as reasonably necessary in Our business
and as provided by law. Your information will be shared with reasonably necessary parties for
the ordinary course of conducting Our business, such as through Facebook ads or other
marketing campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your information secure. We
use recognized online secure payment systems and implement generally accepted standards of
security to protect against personal data loss or misuse. However, no security measure is
foolproof, and no method of data transmission can be guaranteed against interception or misuse.
We cannot guarantee complete security of any information You transmit to us.
By consenting to this Privacy Policy, You acknowledge that Your personal data may be available,
via the internet, around the world. We cannot prevent the use or misuse of Your data by other
parties.
In the unlikely event, customer data has been lost, stolen, or potentially compromised, Our policy
is to alert our customers via email no later than 72 hours of Our company becomes aware of the
event. We will also report such incidents to any required data protection authority. We will work
closely with any customers affected to determine the next steps such as any end-user
notifications, needed patches, and how to avoid any similar event in the future.
Privacy Policy Changes
Although most changes are likely to be minor, We may change our Privacy Policy from time to
time, and at Our sole discretion.
Notice to California Residents
The California Privacy Protection Act and the California Business and Professions Code require
that We summarize Your privacy rights. Company will provide You with the categories of
personally identifiable information that is collected through this website and the categories of
third-party entities with whom such personal information may be used at Your request. California
law allows You to control who We can and cannot share your personal information with. To
obtain any information You are entitled to under California law, please send a request by email or
through the contact form on this website. There is no charge for requesting this information from
Company.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are visiting this website
from outside the United States, you agree that you are sending information to the United States.
If you are a member of the EU, Your data is protected by appropriate safeguards, namely the EU-
US Privacy Shield and GDPR. By clicking submit to any opt-ins on this website, You consent to
the collection of your name and email and will receive communications from Company. You
have the right to object to the processing of Your data at any time. Your information will not be shared with any third-parties in the EU.
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