Privacy Policy
Updated October 1, 2024
NIL With Nick, LLC (“we”, “us”, and/or “our”) values each of our users and respects their privacy. Our privacy policy (“Privacy Policy”) is designed to help our Users (“you”) understand how we collect. Use and share your Personally Identifiable Information (defined below) and to assist you in exercising the privacy rights available to you.
Scope
NIL With Nick, LLC is a limited liability company registered in the State of Indiana and we are the data controller of any Personally Identifiable Information we collect from you in this Privacy Policy as set forth in this Privacy Policy. We are in the business of supporting, educating, assessing, planning, representing and other similar activities related to the navigation of amateur athlete’s name, image and likeness activities as well as the representation of certain professional athletes. We often work with athletes, parents, legal guardians, athletic programs and other similar stakeholders (“Users”).
This Privacy Policy applies to Personally Identifiable Information processed by us in our business, including on our websites, mobile applications, and our related online offerings (collectively the “Services”). The Services include our website https://www.nilwithnick.com, https://www.kehrsportsreps, and the respective subdomains and pages associated on each such site, provided, however it excludes the pages you are taken to by third party sites that are located within our site.
We respect your right to privacy and our overall aim is to ensure that our collection and use of Personally Identifiable Information is appropriate to the provision of the Services for our users and is in accordance with applicable data protection laws.
Types of Data Collected
Personal Information We May Collect
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. “Personally Identifiable Information” may include, but is not limited to, your first and last name, email address, date of birth, telephone number, and any personal demographic information that you share with us, such as gender, hometown, photos and images you provide to us. When you make a purchase, we may collect your payment or credit card information and shipping and billing address. When you communicate with us, we may collect your contact details and keep a record of communications as well as our responses. We also maintain records of information that you post on our Services or social media channels.
Usage Data We May Collect
We may collect your Usage Data. “Usage Data” may include, but is not limited to, information such as your device’s Internet Protocol address (e.g. IP Address), user settings, MAC address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit on our pages, the time spent on those pages, information about the links you click, unique identifiers and other diagnostic data. We may attempt to infer other information about you based on this information or associate it with your accounts on other devices. We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device.
Interactive Data & Public User Posting
We may offer interactive features such as blogs and social media pages. We and others who use our Services may collect any information you submit or make available through these interactive features. Any content you provide via the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the Personally Identifiable Information provided by you may be viewed and used by third parties for their own purposes. Please exercise caution before revealing any information that may identify you in the real world to other users.
Tracking Technologies and Cookies
We may use Cookies, Pixel Tags and similar tracking Technologies to track the activity on our Services and store certain information (collectively, “Technologies”).
“Cookies” are small text files placed within your device browser to store your preferences, and facilitate and otherwise enhance your experience. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent, however, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.
“Pixel Tags” is a piece of code embedded in the Services that collects information about engagement of the Services. The use of a Pixel Tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include a Pixel Tag in e-mails to understand whether messages have been opened, acted on or forwarded.
Our uses of these Technologies fall into the following general categories:
Operationally Necessary: This includes Technologies that allow you access to our Services, applications and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or allow you to make use of our functionality.
Performance-Related: We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how you use our Services (see below for more information).
Functionality-Related: We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include, but is not limited to, identifying when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
Advertising – or Targeting-Related: We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.
Analytics We May Use
We may use Google Analytics and other similar service providers to collect and process analytics information on our Services. Google Analytics uses Cookies to aid us in traffic analysis and informing improvements to the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Information From Other Sources
We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application or a social networking site, we may collect information about you from that third-party application that you have made public via privacy settings. Information we collect through these services may include your name, your user identification number, your username, location, gender, birth date, email, profile picture, and your contacts stored in that service. We may use this information to supplement this information we collect about your in order to provide more relevant, safer experiences for you with the Services and improve the Services, analytics, and advertising.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information
We may use Personally Identifiable Information for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To process any transactions to complete Services requested by Users.
To manage your account and registration as a user of the Service, including, but not limited to, our email newsletter. The Personally Identifiable Information you provide can give you access to different functionalities of the Service that are available to you as a registered user.
To contact you through email or other equivalent forms of electronic communication regarding updates or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide you with news, special offers and general information about other goods, services, and events which we offer.
To conduct routine business operations in furtherance of legitimate business interests such as billing, identification, authentication, contact and general research. As part of such routine business operations, Personally Identifiable Information may be transferred to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are required to protect any User information with the highest acceptable business industry standards and to abide by all privacy policies.
For business transfers, we may use your information to evaluate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personally Identifiable Information held by us about our Service users is among the assets transferred.
For fulling our contract with you.
Generate reports based on aggregated and anonymized generic product, location, and other contributed information, which may be used internally or which may be disclosed to third parties.
Assist affiliated or business partners with their internal use or to facilitate their assisting us in providing the Services.
For other purposes. We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.
Analytics and to Improve Our Services
We may use data collected to improve our services pursuant to our legitimate business interests such as:
Marketing, market research, and business development, including segmenting our users into specific categories.
Supporting internal administrative purposes such as providing network and information security and fraud prevention.
Measuring interest and engagement in our Services.
Developing new products and services.
Recording who is accessing and making changes to different parts of our Services.
Preventing and prosecuting potentially prohibited or illegal activities.
Enforcing our agreements.
Complying with our legal obligations.
Marketing Our Products and Services.
We may use data collected to provide you with content and advertisements, including to determine your interests and select content and advertisements to provide to you based on your interests. Some of the ways we market to you include, but is not limited to, email campaigns, custom audiences advertising, or “personalized advertising” including through cross-device tracking.
If you have questions about our marketing practices or if you would like to opt out of the use of your Personally Identifiable Information for marketing purposes, you may change your cookie settings as set forth below in “Your Choices”.
Cross-Device Tracking
Your browsing activity may be tracked across different websites and/or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop.
Consent
We may use your Personally Identifiable Information for other purposes that are clearly disclosed to you at the time you provide Personally Identifiable Information or with your consent.
De-Identified and Aggregated Information Use
We may use Personally Identifiable Information and other data about you to create de-identified and/or aggregated information, such as de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not Personally Identifiable Information, and we may use and disclose such information in a number of ways, including research, analytics, and any other legally permissible purposes.
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
Except as set forth below, we do not share, disclose or sell your Personally Identifiable Information.
Service Providers
We may share any Personally Identifiable Information we collect about you with our third-party service providers. The categories of service providers to whom we entrust Personally Identifiable Information with include service providers for: (i) the provision of the Services; (ii) marketing and advertising; (iii) customer service activities; and (iv) the provision IT and other related services.
Business Partners & Affiliates
We may provide Personally Identifiable Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours. We may share Personally Identifiable Information with our affiliated entities.
Third Party Services
The Services may link to third-party websites or services. The privacy practices of those third-parties are not governed by this Privacy Policy. We encourage you the privacy policies of these third-party websites and services to understand their practices.
If you connect to a third-party (such as Facebook, Instagram or any other third-party application) through the Services, which we may or may not offer, or otherwise link your account with a separate third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Services, and other relevant usage and diagnostic information) with such third party. We may also send information about your activities on the Services to such third parties.
Advertising Partners
Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identified, page (s) visited, location, time of day, etc.). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their network. This practice is commonly referred to as “interest-based advertising” or “personalized advertising”.
Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security request and legal process, such as court order or subpoena; (ii) protect your, our, or others’ rights, property or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.
Disclosures in the Event of Merger, Sale, or Other Asset Transfer
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
YOUR CHOICES
You may have the right to object to or opt-out of certain uses of your Personally Identifiable Information as described in more detail below.
In general, Users’ rights include:
Right to be forgotten: at any time you can request that we delete all Personally Identifiable Information belonging to you.
Right to Access: You are entitled to see a record of the information we have collected on you in a reasonable format. By assessing your user profile, you are able to see the profile information that we have stored.
Right to Opt Out: You can request that we stop collecting information about you at any time, or using it in a particular way (i.e., for marketing purposes). Please keep in mind that if you elect to opt-out, we may not be able to provide you the Services.
Email Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy).
“Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Internet-Based Advertising
You may stop or restrict the placement of our or third-party Technologies on your device or remove them by amending your Cookie preferences on our websites or adjusting your preferences as your browser or device permits. Please not that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youonlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
Please note you must separately opt out in each browser and on each device.
For California Residents
Your California Privacy Rights
Right to Know: You have the right to ask us to tell you what Personally Identifiable Information of yours we collect, use, share or sell.
Right to Access: You have the right to request access to the personal information we collect or maintain about you.
Right to Request Deletion: You have the right to ask us to delete the personal information we collect or maintain about you.
No Discrimination: You have the right not to be discriminated against for exercising the rights above.
You also have Shine the Light Rights – California’s “Shine the Light” law, Civil Code Section 1798l83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt out of such information sharing. California residents can exercise these rights by contacting us at: nick@nilwithnick.com.
We will need to verify who you are to say you are before we delete or share personal information with you. After you submit your request, you may be sent a confirmation email and need to click on the link provided. If you make a request via email, we may need to request more information from you in order to verify your request.
Retention of Data
Subject to the user rights described below, we store the Personally Identifiable Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. This information is held by us in the United States.
We may also transfer the Personally Identifiable Information that we collect about you to third party processors or to members of our group of companies in connection with the above purposes. We will take appropriate measures to ensure that the recipient protects your Personally Identifiable Information adequately.
Securing Your Information
We take commercially reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using the Services or providing Personally Identifiable Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or by sending an email to you.
Children’s Information
The Services are not directed to children under 16 (applicable to users located in California and the EEA excluding the UK) or 13 (applicable to users located in the rest of the world), and we do not knowingly collect Personally Identifiable Information from children as our Terms of Service state that our Services are targeted for users over the age of 18. If you learn that your child has provided us with Personally Identifiable Information without your consent, please contact us at contact@nilwithnick.com. If we learn that we have collected a child’s Personally Identifiable Information in violation of applicable law, we will promptly take commercially reasonable steps to delete such information.
Changes to Our Privacy Policy
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
Questions
We welcome questions, comments and concerns about our privacy policy and privacy practices. If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your personal information, please contact us at contact@nilwithnick.com.