Last Updated: 06/23/2022
Thank you for visiting the Nextwebguide website located at NextWebGuide.com (the “Website”). The Website is an Internet property of Nextwebguide (“NextWebGuide”, "us," “our” or "we"). We believe in 100% permission-based marketing. All visitors to, or users of, the Website are referred to, individually, as “User,” “you” or “your.” Capitalized terms not defined herein shall have the meaning set forth in the Nextwebguide Terms and Conditions (the “Terms”).
II. Your Acknowledgement and Agreement
IV. Types/Categories of Information We May Collect and How We Use It
· Information that could reasonably identify a user, such as name, postal address, email address(es), mobile/landline phone number(s), date of birth and gender;
· Information collected from a user’s responses to survey questions, including preferences, products and services of interest, personal attributes such as marital status, home or auto ownership, political affiliation, views on various issues and responses to wellness questions, as further described below;
· Information collected from our web server log files, including device type(s), user agent data, referring URL(s), and IP address(es);
· Information collected from one of our trusted third party advertisers and/or marketing partners (which includes subsidiaries and other entities under common control with us - collectively "Partners") to validate and augment a user’s profile including a user’s email address, postal address, telephone number, device ID or other user Information;
· Information collected from our customer support department and fulfillment vendors, including customer support inquiries, Promotion-related claims and emails and, as needed, proof of identification and Promotion completion;
· Information relating to a user’s interaction with telemarketing calls, SMS messaging, push notifications, commercial email and other forms of communication; and
· Information collected from Cookies (as defined below), including whether a user has previously visited one of our Websites or has opened an email sent by one of our marketing partners.
We collect and combine your Personally Identifiable Information and Non-Personally Identifiable Information (collectively, “Information”) when you: (a) open, preview or click on any e-mail messages that we send on our behalf or on behalf of one of our Partners; (b) register on the Website to participate in any Promotions; and/or (c) otherwise provide personal information to us by and through any Online Media. For the avoidance of doubt, Personally Identifiable Information refers to data collected with an intention to specifically identify, contact or locate an individual, including but not limited to e-mail address, name, postal address, and/or telephone number. Alternatively, Non-Personally Identifiable Information refers to data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, age, IP address, and/or devise ID and location. While the submission of any information is voluntary - and at your complete discretion - such submissions may be required in order to participate in Promotions.
As noted above, we may use the collected Information for any legally permissible purpose in our sole discretion, including but not limited to those explained below. By submitting your Information to us by and through our Online Media or otherwise, you agree to allow us to share, sell, rent, lease or otherwise provide that Information with/to any other properties that we own or may later acquire and/or to any Partners, as permitted by applicable law. You further agree that we may work with other businesses to bring selected retail opportunities to you. These businesses and Partners may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) SMS text-based marketers (where, and to the extent, permitted by applicable law).Notwithstanding the foregoing, we may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from our database, analyzing data, conducting drawings and other Promotion-related activities and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to your Information only as needed to perform their functions for us; and we do not permit them to use your Information for any other purposes.
We may also use your personal information for customer service functions, to provide you with information that you may request in connection with the Promotions, to customize your experience with the Website, Promotions, and/or other Online Media, and/or to contact you - when necessary - in connection with transactions entered into by you through the Website and/or other Online Media, if any. We may also use your Information for internal business purposes, such as analyzing, managing and optimizing our business. We may combine any of the Information that we have gathered from you with information from other users and sources.
We reserve the right to
release current or past Information in the event that: (a) we believe that you
are using, or have used, the Website, Online Media, and/or a Promotion in
operating rules, policies, schedules now in effect or which we may later
publish from time to time; (b) we believe that you are using, or have used, the
Website, Online Media, and/or a Promotion to commit unlawful acts; (c) such
information is subpoenaed or requested pursuant to a judicial or regulatory
proceeding or inquiry; provided, however, that, where
permitted by applicable law, we shall provide you with e-mail notice, and
opportunity to challenge the subpoena, prior to disclosure of any of your
Information pursuant to a subpoena; (d) we are sold or acquired; provided,
however, that if we are involved in a merger, acquisition or sale of
all or a portion of its assets, you will be notified on the Website of any
change in ownership or uses of your personal information, as well as any
choices that you may have regarding the use of your Information; and/or (e) we
deem it necessary or appropriate including, without limitation, sharing your
e-mail address with other third parties for suppression purposes in compliance
with the CAN-SPAM Act of 2003, as amended from time to time. You should also be
aware that courts of equity, such as U.S. Bankruptcy Courts, might have the
authority under certain circumstances to permit personal information to be
shared or transferred to third parties without permission.
By submitting your e-mail address to us by and through the Website, Online Media or otherwise, you agree to receive e-mail marketing from us (including our other properties) and/or on behalf of our Partners. Additionally, you agree that such submitting your e-mail address to us constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “TSR”) and applicable state do-not-call regulations. Further, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, you hereby expressly agree that we and any of our Partners, retain the right to contact you via telemarketing, including without limitation any prerecorded telephone call, to any telephone number, including without limitation any wireless telephone number that could in result in charges/fees to you. For the avoidance of doubt, your acceptance of the terms and conditions of this Website constitutes your express written consent to receive telemarketing calls from our Partners, including by means of a pre-recorded message and automated voice dialing. Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do-Not-Call (DNC) list, and shall remain in effect until you revoke your consent by contacting us at: [email protected], or call toll free at: (844) 435-3969. By submitting your e-mail address and phone number to us, you hereby expressly waive all applicable federal and/or state no-call registrations with respect to such contact.
We may be required to create, collect, maintain, and/or submit certain information requested and/or required by the government or other regulating authorities, including, without limitation, IRS Forms W-9 and 1099. This information, which may include your taxpayer identification number, will not be used, shared, transferred, or sold for any marketing purposes.
V. How We May Disclose and/or Sell Information
We may share and/or sell Information that we have about users in many ways and for many purposes, for which we may be compensated, including the following (see below for a description of the augmented rights that California residents have with respect to opting-out of the sale of their Information):
· With our advertisers, marketing partners and service providers for marketing purposes;
· With our telemarketing partners where we have obtained your “prior express consent” (as defined by the TCPA) to be contacted by one or more of our advertisers;
· With our vendors and marketing partners that assist us with delivery of email messaging, telemarketing calls, text/SMS messaging and push notifications, both commercial and transactional in nature;
· With our Partners to augment and verify the Information we collect and to develop and enhance their products and services;
· With one or more vendors who provide independent verification of consent, including verification of consent under the TCPA;
· To enable third parties, including our data and list management partners, to market products and services to you;
· To enable customer service vendors to perform their respective tasks, including for fulfillment of Promotions; and
· To enable our Information verification and fraud detection vendors to perform contracted for services.
When we share and/or sell Information, we enter into agreements that describe the purpose for which the Information is shared/sold, restrict its use to the agreement’s specified purpose and require that all Information remain confidential, and be protected from unauthorized disclosure.
VI. Collection and Use of Your Non-Personally Identifiable Information
Whenever you open, preview or click on the advertising portion of our e-mail messages, the Website or our other Online Media, we collect such response data and other Non-personal information for Our internal marketing purposes (collectively, “Response Data”). We may use your Response Data, and share it with our Partners, in order to send you e-mail and other marketing messages regarding products, services and/or special offers that either we or our Partners believe may be of interest to you.
We may serve advertisements to you based, in part, on your IP address, the demographic and geographic information you submitted to us, as well as other socio-economic information, psychographic information, Internet behavior (i.e., browsing, searching, purchasing, ad-response behavior, etc.), and lifestyle information about you that we obtain from our Partners. We also use Partners to serve advertisements when you visit the Website. These Partners may use and optimize information (not including your name, mailing address, e-mail address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that may be of particular interest to you.
IP Address/Browser Type.
We may collect certain Non-Personally Identifiable Information about you whenever you visit the Website and/or our Online Media. This Non-Personally Identifiable Information may include, without limitation, the type of browser that you use (e.g., Safari, Firefox, Chrome, etc.), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your service provider. We use the Non-Personally Identifiable Information that we collect to improve our design and to personalize your experience. We also may use this Information in the aggregate to analyze usage. We also reserve the right to use aggregate or group data about our users for any other lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or characteristics of our users as a group. By submitting your Information to us via, the Website and/or other Online Media, you agree to allow us to provide such aggregate data to any Partners at our discretion, as lawfully permitted.
We collect some information about you simply by virtue of you connecting to the Website. Namely, when you visit the Website, receive emails/communications, and/or access other Online Media, we, or a data provider that we have engaged, may place, recognize or send a unique cookie, single-pixel GIF files/images and/or similar technologies (collectively, “Cookie”) to assign an anonymous, unique identifier to your Internet browser. A Cookie is a small piece of data stored on your computer’s hard drive containing Non-Personally Identifiable Information about you. Cookies are not designed to get data from your hard drive, your e-mail account or any other personal data about you. No personal information is placed into these Cookies. Cookies are used to store information about an individual’s preferences and history in order to better serve the user and/or present you with customized ads, content and/or services. Cookies may reflect de-identified demographic or other data linked to data that you have voluntarily submitted to us, e.g., your e-mail address, in hashed, non-human readable form. Cookies have many benefits including, enhancing the functionality of the Website, delivering a more personalized experience and improving and delivering certain content and offerings. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page. To learn more about interest-based advertising in general and to opt out, please visit http://www.aboutads.info/choices.
We do not install any spyware or adware in connection with the Website, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to and/or installed on an Internet user's computer, without that individual's actual consent, and facilitates the distribution of any commercial message to that individual. If you feel that you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
Our web servers and/or those of our Partners, utilize certain tracking software to capture your domain address (the address of your Internet service provider) for purposes of tracking statistics. The capture of your domain address is a common practice among websites for measuring the number of hits, pages visited and length of time spent on a site. We use this information to measure the effectiveness of Website offerings in order to better service you.
VII. California Notice Regarding Categories, Sources, and Business and Commercial Uses of Information
The following chart contains the categories of information, as enumerated in CCPA Sec. 1798.140(o), of Information we collect, use, disclose and sell, the sources of the Information and our business and commercial uses of such Information:
Identifiers - name, postal, email and IP address, telephone number
User provided on registration, customer service inquiries and claim forms; related and 3rd party sources to verify and/or augment user supplied information
Operational purposes including determining survey questions, optional offers and deals to be displayed; customer service; fraud & security incidence detection; pre-population of user forms; website improvement
Sold to third parties for marketing purposes; shared with third parties to determine deals to be offered and to pre-populate order forms
Personal information categories listed in the California Customer Records statute – Identifiers and education, employment medical and health information
As above, plus user responses to survey questions
Same as 2. A
Same as 3. A and to target sales of Information to third parties
Protected classification characteristics under California or federal law - Age, marital status, medical condition, physical or mental disability, sex and related medical conditions
Same as 1. B
Same as 2. A
Same as 3. B
Commercial information - products or services purchased, obtained, or considered, or other purchasing data
User provided customer service inquires and claim forms, from 3rd party advertisers and system collected website activity logs
Same as 2. A and to determine entitlement to rewards and amounts owed by advertisers and data purchasers
Determine amounts owed by advertisers and data buyers and performance of data campaigns
Internet or similar network activity -browsing and search history, information on a consumer's interaction with a website, application, or advertisement
System collected activity logs and cookies
Same as 2. A and to determine (i) whether user is a repeat visitor; (ii) performance of and amounts owed to paid media suppliers; and (iii) support proof of user consent for email marketing and TCPA purposes
Same as 3. D
Inferences drawn from other personal information - profile reflecting a person's preferences, characteristics, psychological trends and attitudes
Same as 1. B and system algorithms
Same as 2. A
Rights of California Users with Regard to Their Information.
California users have several rights regarding the collection, use, disclosure and sale of their information under the CCPA. One of these rights, notice of collection of Information, is described above; the balance of these rights are described below and include the following rights:
Exercising Your Rights, Verification, and Timing.
To exercise your CCPA rights, click on the “Do Not Sell My Personal Information” link on the bottom of the Website page where we collect Information,; or email us at [email protected], or call toll free at: (844) 435-3969. To prevent an unauthorized third party from accessing or making decisions regarding a user’s Information, we verify all requests to exercise these rights (a verifiable consumer request). We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, unfounded or abusive.
In general, we will verify a request by matching the identifying information supplied by the user with the Information we already have for the user. If we cannot verify the user using the foregoing method, we may request additional information which we will not retain or use for any other purpose.
For all verifiable consumer requests, we strive to respond within forty-five (45) days of receipt. If we require additional time, which can be up to ninety (90) days in the aggregate, we will provide written notice. Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request's receipt and will be delivered electronically in a secure fashion. If, for some reason, we cannot fulfill or comply with your request, our response will explain that decision.
Disclosure of Information Collected and Sold.
While users have the right to request different levels of disclosure regarding the collection, use, disclosure and sale of Information, we have elected to treat all requests from California residents as an exercise of expanded disclosure requests by businesses that sell Information. Once we receive and confirm your verifiable consumer request, we will disclose to you for the 12 months prior to your request:
Right to Opt-Out of Sale of Personal Information.
Users have the right to opt-out from the sale of their Information. We provide a “Do Not Sell My Personal Information” link on each Website page where we collect Information that links to an online request form. You can access the form here or you can email us at [email protected], or call toll free at: (844) 435-3969, and elect to opt-out from the sale of your Information. We reserve the right to verify all opt-out requests using the methods described above.
While our agreements with third parties to whom we sell or disclose Information prohibit the further sale or use beyond the scope of our agreement with them, if a California user opts-out, we will notify all third parties to whom we have sold or disclosed the California user’s Information within the previous 90 days and remind them not to further sell the Information. We will not ask a California user who has opted out to re-opt-in for one year after the California user opts-out. If the user requests a transaction with us that requires the sale of their Information, we will inform them that they have opted out and if they want to proceed with the transaction, we will offer the opportunity to opt-in by completing a two-step process.
Deletion of Information.
You have the right to request that we delete any of your Information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request using the process set forth above, we will delete or deidentify (and direct our service providers, vendors and other applicable third parties to delete) your Information from our system other than from our archive servers (which we maintain for compliance purposes), unless there is an applicable exception.
We may decline to process your deletion request if the Information is necessary for us or our service providers, vendors or other applicable third parties for a number of reasons. The following are some of the reasons we may decline your deletion request:
1. Complete the transaction for which we collected the Information or provide the goods or services you requested;
2. Detect security incidents, protect, investigate and respond to malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Identify and correct errors that negatively impact intended functionality; and
4. Comply with a legal obligation, including Federal and/or State tax liability and reporting.
If we do not comply with a deletion request, we will provide the grounds for our denial.
Access and Portability.
California users have the right to access the Information we have collected about them in the previous twelve (12) months. Upon receipt of verified consumer request, we will provide the information in a readily usable format. You cannot request access more than twice in any 12-month period.
We are committed not to discriminate against California users who exercise their CCPA rights. As such, unless otherwise permitted by the CCPA, we will not deny, charge you different prices or rates, or provide a different quality level of goods or services, including through granting discounts or other benefits, or imposing penalties, and/or suggest that you may receive a different price, rate, or quality level of goods or services. While we do not provide financial incentives for users who do not exercise their CCPA rights, please note that some of the functionality of our Website may be unavailable if consumers exercise their rights to have their personal information deleted.
The CCPA enables California users to appoint an authorized agent to act on their behalf to submit disclosure requests and or deletion requests under the CCPA. The authorized agent must register with the California Secretary of State. We will honor a request from an authorized agent provided you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and the agent submits proof of authorization.
VIII. Your California Privacy Rights under the California Online Privacy Protection Act
Please be advised that if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to any third party for marketing purposes, please e-mail us at: [email protected], or call toll free at: (844) 435-3969. Please be advised that where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.
If you are a resident of the State of California and would like to know how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please contact us at: [email protected], or call toll free at: (844) 435-3969.
In accordance with California Civil Code Sec. 1789.3, California residents are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; by phone at (916) 445-1254; toll free at 1-800-952-5210; or by e-mail to: [email protected].
IX. Your Nevada Privacy Rights
Nevada State residents have the right to submit opt-out requests to website operators instructing those website operators not to sell any “covered information” that the website operators have collected about the Nevada State residents to any third party data broker(s). Covered information includes a consumer’s name, postal and email addresses, telephone number and Social Security Number, and includes the Information described below in the “Types/Categories of Information We May Collect and How We Use It” section. If you are a Nevada State resident and you wish to exercise your right to request that we to stop the sale of your Information to third party data brokers, please submit your request by clicking on the link “Do Not Sell My Personal Information” or emailing [email protected] with the subject line “Nevada Privacy Rights”, or call toll free at: (844) 435-3969. In your request, please specify that you want to exercise your rights to opt-out from the sale of covered information under the Nevada Privacy Law and specify the Website that you visited and the email address you registered with. Please allow thirty (30) days for a response.
You may unsubscribe to opt-out from having your Information shared with our Partners, or opt-out from our e-mail marketing program altogether at any time by sending us an e-mail at: [email protected], or call toll free at: (844) 435-3969.We also include an unsubscribe/opt-out mechanism within every message that we send. We attempt to process all unsubscribe/opt-out requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another communication from us because we may obtain your contact information in the future through a different entity that you have subscribed through. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, your participation in a Promotion, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related, Promotions-related and/or inquiry response-related messages from us, you must cease requesting and/or utilizing Services, cease participating in and/or entering Promotions and cease submitting inquiries to us, as applicable. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our Partners.
Your privacy is very important to us; and we endeavor to safeguard and protect your Information. The servers on which we store your Information are kept in a secure physical environment. We have security measures in place to protect against loss, misuse and alteration of personal information under our control. When we collect information, that information is encrypted and protected with SSL encryption software. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Thus, while we strive to protect your Information, we cannot ensure or warrant the security of any information that you transmit to us; and you do so at your own risk. That being said, access to your Information is strictly limited, and not accessible to the public.
XII. Security Breach
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that there has been an information security breach. You will be notified via e-mail in the event of such a breach of security. Please be advised that notice may be delayed in order to address the needs of law enforcement, to determine the scope of network damage, and/or to engage in remedial measures.
XIII. Third Party Links
XIV. Children’s Privacy
We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We are very sensitive to the issue of children’s privacy and, therefore, we strive to protect the privacy of children using the Internet. We do not knowingly solicit or collect personal information from persons under eighteen (18) years of age. If a person under eighteen (18) years of age has already provided us with any Information, his or her parent or guardian may contact us for the purpose of immediately deleting this Information.
XV. Reviewing Your Information
If you would like to know if we have any of your Information in our database or would like to review and update or correct the Information that we have collected from you, simply send your request via e-mail to: [email protected], , or call toll free at: (844) 435-3969, or via certified postal mail to NextWebGuide at: NextWebGuide 3540 Pump Rd #1183 Richmond, VA 23233.
To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access or making corrections, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
XVI. Limitation of Liability
XVII. Filing a Complaint with the Federal Trade Commission
See the Federal Trade Commission (the “FTC”) website at www.ftc.gov/spam for updates on implementation of the CAN-SPAM Act of 2003, as amended. The FTC maintains a consumer complaint database of violations of the various laws that the FTC enforces. Consumers can submit complaints online at www.ftc.gov and forward unwanted and unsolicited commercial e-mail to the FTC at: [email protected]. The FTC works as a consumer advocate in order to prevent fraudulent, deceptive and unfair business practices. To file a complaint with the FTC or to request free information about consumer issues, please visit www.ftc.gov or call toll-free, 1-877-FTC-HELP.Contact Us
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