1. INTRODUCTION
2. Nimble Gravity, LLC (“Nimble Gravity,” “we”, “our” or “us”) respect your privacy and are committed to protecting your privacy by establishing and complying with this policy (the “policy” or our “Privacy Policy”).
3. This policy describes the types of personal information that we may collect from you or that you may provide when you visit nimblegravity.com, or any Nimble Gravity mobile, tablet or other smart device applications, or application program interfaces including all content, functionality and services offered by us (all collectively our “Site”), whether as a guest, a registered user, or our customer, or when you communicate with us through other channels such as email or phone, and our practices for collecting, using, maintaining, protecting and disclosing your personal information. As used in this Privacy Policy, personal information is information relating directly or indirectly to an identifiable individual, except as may be set forth in applicable law.

(a) This policy applies to personal information that we collect:

(i) on our Site; and

(ii) in email, text, phone, and other electronic messages between you and us, or our Site.

(b) This policy does not apply to personal information collected:

(i) on our behalf by any third party; or

(ii) by any third party, including through any application or content that may link to or be accessible from or on our Site.

Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using our Site, you agree to this Privacy Policy. This policy may change from time to time (see “CHANGES TO OUR PRIVACY POLICY” below). Your continued use of our Site after this policy has been updated is deemed to be your acceptance of those changes, so please check this policy periodically for updates.

1. CHILDREN UNDER THE AGE OF 13

Our Site is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use our Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as set forth below.  

1. PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
2. We collect several types of information from and about users of our Site, including information:

• such as your name, postal address, business or home location address, email address, telephone numbers, activities, interests, memberships, or other identifiers; and/or
• about your credentials used to access our Site, information about your internet connection, operating system and version, network type, advertising identifier, the equipment you use to access our Site, and usage details about the Site.

2. We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through our Site or request our services. Information collected automatically may include usage details, network information, and information collected through cookies, web beacons, and other tracking technologies; and
• from third parties, for example, our affiliates, business partners, and service providers that provide data to Nimble Gravity or that you have authorized to provide data to Nimble Gravity.
  
  

Please see below for further detail regarding the personal information we collect.

1. PERSONAL INFORMATION YOU PROVIDE TO US.
2. The information we collect on or through our Site may include:

• Information, such as the information described in Section C(1)(a), that you provide by filling in forms, subscribing, or requesting information on our Site, the sites of third parties, such as LinkedIn, or on the sites of our recruitment and personnel management service providers. This includes information provided at the time you access our Site or such third party sites, request information or register, or download information or materials. We may also ask you for information when you contact us or report a problem with our Site.
• Records and copies of your correspondence (including email addresses), if you contact us or respond to correspondence from us.
• Your responses to surveys or questionnaires that we might ask you to complete for research purposes.
• Details of transactions or activities you carry out through our Site.
• Your search queries on our Site.
• If you apply to work with Nimble Gravity, your resume information, such as qualifications, skills, employment or education history, or other resume information; reference information, such as name and contact details of any references you provide; any social media information you provide if you provide us a link or other access to a social media account; and any compensation information that you voluntarily provide and which may depend on your region and applicable laws and regulations.

You are responsible for the personal data you provide or make available to us in connection with your use of the Site or otherwise. All personal information you provide must be truthful, accurate and not misleading in any way. You may not provide information that is obscene, defamatory, infringing, malicious, or that violates any law. If you provide personal information of a third party (such as a reference or friend) you are responsible for providing any notices and obtaining any consents necessary for us to collect and use such personal information as described in the Privacy Policy.

Do not provide us any sensitive personal information. The Site does not require and we do not need sensitive personal information.

 

1. PERSONAL INFORMATION WE GATHER VIA AUTOMATIC DATA COLLECTION TECHNOLOGIES.
2. As you navigate through and interact with our Site, we may use automatic data collection technologies to gather certain information about your equipment, browsing actions, and patterns, including:

• details of your visits to our Site, including traffic data, logs, and other communication data, and the resources that you access and use on our Site; and
• information about your mobile device or computer, your network or internet connection, operating system, and browser type.

2. We also may use these technologies to collect information about your online activities over time and across third-party Sites or other online services.
3. We may maintain automatically collected information or associate it with your personal information we collect in other ways or receive from third parties.
4. The technologies we use for this automatic data collection may include:
   
   

• Cookies (or “Browser Cookies”). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept Browser Cookies by activating the appropriate setting on your browser. However, if you refuse to accept Browser Cookies, you may be unable to access certain parts or features of our Site or our Site may not function correctly or as designed.
• Web Beacons. Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that may permit Nimble Gravity, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

 

1. THIRD-PARTY USE OF COOKIES.
2. Some content or applications on our Site are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Sites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
3. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about such activities, an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see the section titled “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” below.
   
   
4. HOW WE USE YOUR PERSONAL INFORMATION
5. We, or our service providers, use your personal information as follows:
   
   

• To present our Site and its contents to you and to secure, develop, and support our Site.
  
  
• To provide you with information, products, or services that you request from us.
• To perform analytics and other technical assessments to improve or expand our services, processing platforms, databases and database management, and customer service offerings.
• To improve our Site and to deliver a better and more personalized service, including by enabling us to understand usage patterns; store information about your preferences, allowing us to customize our Site according to your individual interests; speed up your searches; and recognize you when you return to our Site.
• To fulfill any other purpose for which you provide your information to us.
• To provide you with notices about your account.
• To carry out our obligations and establish, enforce, and defend our rights arising from this Privacy Policy, our Site Terms of Use, and any other contracts entered into between you and us, including for billing and collection, to establish, enforce, and defend the rights of others, to detect and prevent any fraudulent, harmful, unauthorized, unethical or illegal activity, and to comply with applicable law and legal processes.
• To notify you about changes to our Site or any products or services we offer or provide though our Site or otherwise.
• To contact you about Nimble Gravity products or services that may be of interest to you.
• To allow you to participate in interactive features on our Site.
• If you have difficulties getting our Site or services to work as desired, to assist us and you in helping to identify the root cause of and attempt to resolve such issues.
• For any other purpose with your consent.
• Conduct recruiting and hiring activities for opportunities with us.

 

2. Aggregate/Deidentified Data.We may aggregate and/or deidentify any information collected through the Site so that the information can no longer be linked to you or your device. We may use the aggregated and/or deidentified information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
   
   
3. Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Site with information that we receive from your engagement with our services or which we collected from other sources.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION
5. We may disclose your personal information to recipients you request us to disclose the information to or to recipients who are bound by contractual obligations to keep your personal information confidential and use your information only for the purposes for which we disclose your information to them, as follows:

• to contractors, service providers, and other third parties that we use to support our business such as billing, sales, product content and features, research, customer service, data storage, security, fraud prevention, payment processing, marketing and advertising, and legal services providers or to fulfill the purpose for which you provide the information to us; and
• with your consent.

2. We may also disclose your personal information:

• to our subsidiaries and affiliates;
• to a potential buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nimble Gravity’s equity or assets which occurs for any reason, in which your personal information held by our Site users might be among the assets transferred;
• to comply with any court order, law, or legal process, including to respond to any government or regulatory requirement;
• to enforce or apply our Privacy Policy, terms of use or other agreements between us, including for billing and collection purposes;
• if we believe disclosure is necessary or appropriate to establish, defend, and protect the rights, property, or safety of Nimble Gravity, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud detection, prevention, and protection and credit risk reduction; and
• with partners such as distribution or joint marketing partners pursuant to our agreements with those parties.

 

1. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION
2. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some Browser Cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please understand that some parts of our Site may then be inaccessible or not function properly.   Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications that you do not wish such operators to track certain of your online activities over time and/or across different websites. If your browser is set to “Do Not Track” we will attempt to honor this functionality but please be aware that the Site does not respond to do not track signals. However, our third party service providers may use their own cookies, pixel tags, web beacons or other storage technology to collect and store information from elsewhere on the internet, and we do not have access to, nor control over, a third parties’ use of cookies or other tracking technologies.
• Promotional Offers from Nimble Gravity. If you do not wish to have your email address or other contact information used by Nimble Gravity to promote our products or services, you may opt-out by using the unsubscribe link in the message or by contacting us at privacy@nimblegravity.com.   If we have sent you an unwanted promotional email, you may click on the “unsubscribe” link located on the bottom of the email, or forward that unwanted email to us at privacy@nimblegravity.com, asking to be omitted from future email distributions. This opt-out does not apply to information provided to or by Nimble Gravity as a result of Nimble Gravity providing services to you or other transactions.
• Choosing not to share your personal information. You may choose not to provide personal information. If you choose not to provide personal information (or ask us to delete it), we may not be able to provide you with our services or certain functionality of the Site. We will tell you what information you must provide to receive the Site or service functionality by designating it as required at the time of collection or through other appropriate means.
• When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

 

1. ACCESSING, CORRECTING, DELETING OR RESTRICTING YOUR INFORMATION

You may send us an email at privacy@nimblegravity.com to request access to, correct or delete any personal information that you have provided to us. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

1. YOUR U.S. STATE PRIVACY RIGHTS

If you are a resident of certain US states that may provide you with additional rights regarding our use of your personal information under those states’ laws (“US Laws”), such as in California, Nevada, Colorado, Virginia, Connecticut, or Utah, please see Section M below.

US Laws Privacy Notice – The information included in this Section and Section N. COLLECTION NOTICE, applies to all visitors, users, and others who reside in certain US states subject to the US Laws ("consumers") and supplements the information contained in other sections of our Privacy Policy, in accordance with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (CPRA) (collectively “CCPA”) and other US Laws. Any terms defined in the CCPA have the same meaning when used in this Privacy Policy.

1. NON-U.S. RESIDENTS.

Many of our services are provided, and the Site and its servers are operated, in the United States. If you are a resident of a country or jurisdiction outside the United States, please be aware that your personal information will be transferred to, processed, maintained, and used on computers, servers, and systems located where the privacy laws may differ from those in your jurisdiction. If you choose to use our Site or services, you hereby consent to such transfer, processing, and use in the United States and elsewhere.

 

1. ADDITIONAL NOTICES AND YOUR RIGHTS UNDER US LAWS, GDPR, UK-GDPR, AND FADP

If you are located in the European Economic Area (“EEA”), Switzerland, and/or the United Kingdom (“UK”) or you are a resident of a state that is subject to the US Laws identified in Section K above, at the time of data collection, the US Laws, EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), UK General Data Protection Regulation (“UK-GDPR”), or the Federal Act on Data Protection in Switzerland (“FADP”) may provide you with additional rights with regard to your personal information. Our Privacy Policy information aligns with such laws. Any terms defined in such laws have the same meaning when used in this Privacy Policy. Although your personal information will be transferred or shared outside of the EEA, UK, or Switzerland, we agree to implement reasonable and appropriate security controls designed to meet our obligations under the laws of such regions and keep your personal information secure.   We will use standard data protection contract clauses that have been approved under applicable laws and regulations when we request third parties outside the EEA, UK, or Switzerland to process your personal information. For more information about our security standards see DATA SECURITY.

When we collect, use and are responsible for personal information about you under the above laws, we are the “controller” or “business” of that personal information. Your rights under these laws may include, depending on which of these laws applies to you:

Right to Access	The right to be provided with a copy of your personal information (the right of access or the right to know)
Right to Rectification	The right to require us to correct any mistakes in your personal information
Right to be Forgotten	The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing	The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability	The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object	The right to object: —at any time to your personal information being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate Interests.
Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
Right to Opt Out of Sale	The right to opt out of the “sale” of personal information as defined under certain US Laws
Right to Opt Out of Sharing	The right to opt out of the “sharing” of personal information as defined under certain US Laws
Right to Opt Out of Targeted Advertising	The right to opt out of targeted advertising using your personal information as defined under certain US Laws
Right to Limit the use of sensitive personal data or consent to use of sensitive personal data	The right to limit our use of sensitive personal data, as defined in and qualified by certain US Laws, or to consent to use of sensitive personal data
Right To Non-Discrimination and Non-Retaliation	The right not to be discriminated or retaliated against for exercising any of your rights under certain US Laws. Unless permitted by US Laws, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; and/or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

We do not as a matter of course “sell” or “share” personal information, in accordance with the definitions of “sell” and “share” in US Laws. If you believe we have “sold” or “shared” your personal data, please contact us as set forth below. We do not as a matter of course collect any sensitive personal information as defined under certain US Laws, and if you believe we have done so and wish to limit our use of such sensitive personal information, please follow the instructions below. For more information on how to exercise your rights, or if you require further assistance, please contact us as set forth below, indicating the right you wish to exercise and sufficient information for us to verify your identity. We may request further information from you to verify your identity as permitted or required by applicable laws before fulfilling a rights request. We may not be able to respond to your request if we cannot verify your identity. Do not provide any sensitive personal information, such as a social security number, when submitting a request to exercise the above rights, and do not provide any other government identifiers.

We may not be able to fulfill your request or some parts of your request depending on our legal obligations or certain exemptions under applicable laws. For example, we may not be able to delete or anonymize all data as we may be legally required to retain certain data or retain certain data in identifiable form. If you have any questions about how we process your personal data under applicable laws in your area, you may contact us as set forth below.

You have the right to appoint an agent who is registered with the appropriate US state agency or government entity to submit requests and exercise the above rights on your behalf. We may require the agent to submit to us written permission from you as well as have you verify your identity directly with us to protect the security of your personal information. In the event an agent is not able to provide written permission to act on your behalf, we may deny a request in accordance with applicable laws.

We will respond to a verifiable request within the time periods required by the applicable laws, which may differ between US Laws and the GDPR, UK GDPR, and FADP. If more time is required, we will comply with any such applicable requirements. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 

Personal information collected on or about individuals located in the EEA, UK, and Switzerland is collected on the following legal bases for processing: 

• Necessary for Performance of a Contract: If we or our affiliates have entered into a contract with customers, partners, suppliers or other third parties, we may need to process your personal information or we may need to process your personal information to enter into a contract with you for employment purposes if you have applied for a job with us.
• Consent: Where you have provided your consent for us to engage in marketing activities with you, we may need to process your personal information or where you have provided us with explicit consent to process your sensitive or special categories of information in connection with our recruiting activities.
• Legitimate Interest: We may need to process your personal information where we have a legitimate interest in doing so, such as (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; (3) for research and development, operation, security and optimization of our Site and business; (4) to process a job application, conduct recruiting activities, develop and improve our recruiting process or websites, and communicate with you regarding your interest in current or future employment opportunities with us; and (5) for fraud prevention purposes.
• Comply with Legal Obligations: Where we are required to comply with laws or legal obligations.

1. COLLECTION NOTICE.

We collect your personal information to respond to your requests for information, provide services, and to support our business operations and business purposes, as further described in Section G of this Privacy Policy.

Our Site collects the following categories of personal information, as also set forth in Sections C, D, and E above, and we may disclose the collected information to the identified categories of third parties for a business purpose or with your consent, including as set forth in Section H above.

Category of Information Collected	Examples	Category of Third-Party Recipient
Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.	Service Providers; Affiliates; Advertising Partners; Google Analytics; HubSpot
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Name, telephone number, education, employment, or employment history. Some personal information included in this category may overlap with other categories.	Service Providers; Affiliates; Advertising Partners; Google Analytics; HubSpot
Commercial information.	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Service Providers; Affiliates; Advertising Partners; Google Analytics; HubSpot
Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Service Providers (including cloud services, website hosts and developers, SEO providers, internet providers, data analytics providers, business communications and collaboration tools, and social networks); Advertising Partners

 

Retention Period.   We keep your personal information for as long as required to fulfill the purposes for which it was collected, for example, to respond to your requests for information, during the period of time we provide or may provide services to you, as necessary for our business purposes, as permitted or as may be required by law, or as otherwise communicated to you. The criteria we use to determine how long we retain personal information include such factors as the purposes for which we collected and used it, requirements of applicable laws, the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the resolution of any pending or threatened disputes, and enforcement of our agreements. If we de-identify your personal information (so that it can no longer be associated with you), we may retain this information for longer periods. Please see ACCESSING, CORRECTING, DELETING OR RESTRICTING YOUR INFORMATION if you would like us to delete your information.

1. DATA SECURITY

We and our service providers have implemented measures designed to help us keep your personal information secure from accidental loss and from unauthorized access, use, alteration, and disclosure.

We may notify you and any applicable third parties of a personal information breach where we are legally required to do so.

Unfortunately, the transmission of information via the internet or a wireless network is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from our Site or any other method. Any transmission of your personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site. We are not responsible for any loss of data, data corruption, or otherwise unauthorized access.

1. LINKS TO OTHER WEBSITES AND SOCIAL MEDIA

Our Site contains links to other websites, social media sites, and internet and mobile applications. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website or social media site that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Site.

1. CHANGES TO OUR PRIVACY POLICY

It is our practice to post any updates that we make to this Privacy Policy on the publicly available portion of the Site. If we make material changes to how we treat our users’ personal information, we will post the updated Privacy Policy to our Site. The date this Privacy Policy was last updated is identified at the bottom of this Privacy Policy. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

1. CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, please send an email to us at privacy@nimblegravity.com, write to us at 3000 Lawrence St, Ste. 140, Denver, CO 80205 or call us at 833-573-7427.

 

Last Updated: June, 2023