LAST UPDATED: March 18, 2022
PRIVACY POLICY
Nikki Martinkovic LLC (“NM,” “we,” “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect both offline and online, through websites that we operate from which you are accessing this Privacy Policy (the “Site”) and through our social media accounts (collectively, our “Social Media Accounts”) as well as through HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Site and our Social Media Accounts, the “Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy.
Personal Information
You may choose whether to provide Personal Information (as defined below) in connection with your use of the Site. If you choose not to provide the information we request, you may still visit and use parts of the Site, but you may be unable to access or use certain features.
Personal Information We May Collect
“Personal Information” is information that identifies you as an individual, including:
Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Credit and debit card number
Personal information included in communications you send to us
Social media account ID
We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
How We May Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways, including:
Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or make a purchase.
Offline: We may collect Personal Information from you offline, such as when you attend one of our trade shows, place an order over the phone or contact customer service.
From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Site account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles.
Social Media: We may cooperate with third-party social media providers to offer you their social networking services through the Site. For example, you may be able to use third-party social networking services, including but not limited to Facebook, Instagram, Twitter, and others to share information about your experience on the Site with your friends and followers on those services. These services may be able to collect information about you, including your activity on the Site. These services also may notify your friends, both on the Site and on the services themselves, that you are a user of the Site or about your use of the Site, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. You also may be able to link your account from a social networking service to your account at the Site. This may allow you to use your credentials from the other site or service to sign into certain features on the Site. If you link your Site account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy. The Site may provide social media features, such as the Facebook Like button, and widgets such as the “Share” button or interactive apps that run on the Site. These features may collect your IP address, which page you are visiting on the Site, and may set cookies to enable the feature to function properly. These features and apps may be hosted by a third party or directly on the Site. Your interactions with these features and widgets are governed by the privacy policy of the company that provides it.
How We May Use Personal Information
We may use Personal Information:
To respond to your inquiries and fulfill your requests, such as to send you newsletters.
To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
To send you marketing communications that we believe may be of interest to you.
To personalize your experience on the Services by presenting products and offers tailored to you.
To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
To facilitate social sharing functionality.
To allow you to send messages to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name, email address, social media account ID or other information.
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
To third parties to permit them to send you marketing communications, if you have opted into such sharing.
To third-party sponsors of sweepstakes, contests and similar promotions.
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Social Media Accounts). Any information you post or disclose through these services will become public information, and may be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log-into your Services account from your social media account. By connecting your Services account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing on the Services.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; and (h) to allow us to pursue available remedies or limit the damages that we may sustain.
We do not sell, lease, rent or otherwise disclose the Personal Information collected from the Site to third parties except as stated in this Privacy Policy or with your consent.
OTHER Information
Other Information We May Collect
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
Browser and device information
Information collected through cookies, pixel tags and other technologies
Demographic information and other information that you provide
Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use this information to ensure that the Services function properly.
Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisements and we may use cookies or other files to track your use of other websites.
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to All About Cookies. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
Third-Party Analytics: We use Google Analytics on the Site to help us analyze the traffic on the Site. Click here for more information on how Google collects and processes information. You can manage certain aspects of Google’s collection of information from your browser by using this plugin.
Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns.
In some instances, you may be permitted to allow or deny such uses or sharing of your device’s location, but if you choose to deny such uses or sharing, we and our marketing partners may not be able to provide you with the applicable personalized services and content.
From you: Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.
By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services, (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
How We May Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
THIRD-PARTY SERVICES
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google or Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with our Social Media Accounts.
Third-Party Advertisers
We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites, based on information relating to your access to and use of the Services and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit the Network Advertising Initiative and the Digital Advertising Alliance.
security
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by clicking on an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to info@nikkimartinkovic.com. You cannot opt out of receiving transactional emails related to your account with us or our services, e.g., emails necessary to confirm your orders. Please note that even if you opt out of receiving the foregoing emails, we may still respond to your requests and send you administrative, maintenance and operational emails (for example, in connection with a password reset request).
Receiving text messages or phone calls from us: Except as we describe in this Privacy Policy, our Terms of Use or our other terms and conditions, we won’t typically communicate with you by text message or phone call unless you provide us with your phone number and we need to contact you for transactional purposes, e.g., to help you with returning a damaged item.
Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by sending a request to info@nikkimartinkovic.com.
Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by sending a request to info@nikkimartinkovic.com.
We will try to comply with your request(s) as soon as reasonably practicable. If you do opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
How you can access, change or suppress your Personal Information
If you would like to review, correct, update, suppress, or delete Personal Information that you have previously provided to us, you may contact us as provided in the “Contacting Us” section below.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
We may need to retain certain information for recordkeeping purposes or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
Depending on where you live, you may have a right to lodge a complaint with a regulatory authority if you believe we have violated your rights in your Personal Information. But we encourage you to contact us first at info@nikkimartinkovic.com to give us a chance to address your concerns.
How We Respond to Do Not Track Signals.
We do not respond or take any action with respect to “do not track” signals or other mechanisms that allow consumers to choose regarding the collection of Personal Information about their online activities over time and across third-party websites or online services.
use of Services by MINORS
The Services are not directed to individuals under the age of 18, and we request that these individuals do not provide Personal Information through the Services.
CROSS-BORDER TRANSFER
The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.
SENSITIVE INFORMATION
we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health or criminal background) on or through the Services or otherwise to us.
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.
CONTACTING US
If you have any questions about this Privacy Policy, please contact us by email at info@nikkimartinkovic.com. Email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.