Last modified: January 24, 2019

NExS Software, Inc. (“NExS”, “us” or “ we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our publicly available websites at https://www.nexs.com and https://platform.nexs.com (collectively, the “ Site”) and/or users of the services, software, applications, plug-ins, components, functionality, or programs provided or offered now or in the future (collectively, the “Services ”) at the Site and/or through our mobile applications (each, an “App”). Throughout this Privacy Policy, “ you” or “your” shall refer to any person or entity using the Site or the Services and, unless otherwise stated, “ we,” “our” or “us” will refer collectively to NExS and its subsidiaries, affiliates, directors, officers, members, employees, agents and contractors. NExS provides an online service that provides users with software tools which translate certain spreadsheet content info web applications such as online calculators and “smart” forms, and all such activities constitute “Services” for purposes of this Privacy Policy.

Please note that by using the Site or Services or downloading any Apps, you agree to the terms in this Privacy Policy. You further understand and agree that this Privacy Policy and our Terms of Services form a binding agreement between you and NExS. If you do not agree to the terms in this Privacy Policy, please do not use the Site or Services nor download any Apps. This Privacy Policy may change from time to time. If we change this Privacy Policy, we will update the “Last modified” date above and provide a notice about the update on any Apps. Continued use of the Site, Services, or any Apps after the effective date of a Privacy Policy change will be deemed to be your acceptance of those changes.

INFORMATION WE COLLECT

Information you provide. When you sign up for the Services, download any Apps, or use the Site, we may collect (1) various personal information, including:? name, email address, username, password, and third party social media profile information; (2) your phone number for certain services such as two-factor authentication; and (3) any other information you directly provide on our Site, using any Apps, or using our Services. Some of this information will be retrieved and saved on our systems and may include a user token or other persistent identifier.

Direct communications . When you or someone you authorize to act on your behalf (“ Authorized Individuals”) sends email, posts information on the Site, or communicates directly with us by some other method, we may retain those communications in order to process inquiries about you, respond to requests about you, provide Services that you or one of your Authorized Individuals requests of us. We may use your email address, phone number, or other means of communication that you authorize to communicate with you about our Services.

Information Automatically Collected; Cookies; Tags. When you use the Site, any Apps, or our Services, we may collect information about you and your computer or device, including through the use of both session and persistent “cookies,” “pixel tags,” or “web beacons” (collectively, “Tags”). “Cookies” are small data files stored on your hard drive, and “pixel tags” or “web beacons” are small graphic files placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed. A “session” Tag will not collect information once you close the program used to access the Tag (e.g., a web browser), and a persistent Tag will collect information until its deleted.

The type of information we automatically collect when you use our Site, any Apps, or Services includes the IP (Internet Protocol) address of your computer or device; information about other Tags on your computer or device; the website you visited before visiting our Site; pages you viewed on our Site; how long you spent accessing each page; how long you used an App; times and dates that you accessed the Site, used an Apps, or used our Services; your computer or device type; computer or device operating system type; browser type; browser language; and other information about how you used or accessed the Site, any Apps, or our Services.

HOW WE USE AND SHARE INFORMATION

Administering the Services . We use information you and your Authorized Individuals provide, and information we automatically collect, to administer the Services; to allow you and other users to use the Services, Apps, and Site; to diagnose problems with the Services, Apps, and Site; to provide information you request or to respond to communications by you, your Authorized Individuals, or Exchanges; and to improve the Services, Apps, and Site.

We will also analyze your information and use of the Services in order to improve and customize your experience, including remembering information so you will not have to reenter it and provide access to your data. We may also use such information to contact you regarding Services changes, system maintenance and outage issues, account issues, or otherwise troubleshoot problems.

We may share with Authorized Individuals any information about you that is necessary or useful to enable us to provide the Services that you request of us. We cannot control how any Authorized Individual may use or disclose your personal information, so be sure that you trust them and that you are comfortable with the scope of information that may be shared with them. You are responsible for designating your Authorized Individuals and for keeping your list of Authorized Individuals current, so please add, remove, or modify relevant information about Authorized Individuals or Exchanges as such information changes.

Service providers. We will disclose information to service providers that assist with the Services, the Site, or Apps. For example, we may work with a third party service provider for payment processing or identity verification purposes. We do not permit these providers to use your information other than as necessary to provide the services to us.

Marketing Communications. If you “opt-in” to receive our newsletter or other marketing or promotional communications, we may use your information to email you about promotions, upcoming events, and other news about services offered by us and our selected partners. Our emails will tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails, including emails about trade confirmations, invoices, technical notices, security alerts, and support and administrative messages.

Additionally, if you “opt-in” to receive advertisements from third parties, we may disclose your information, including location data, to third parties for marketing purposes such as targeted advertisements and information our advertising partners believe may be of relevance and interest to you. You can opt-out of our collection of location data by rejecting our request to collect such data upon installation of the Service.

If you “opt-in” to marketing communications, such marketing communications help us continue providing our Services. But your privacy is important to us, so you have the right to prevent disclosure of your personal information for marketing purposes by either electing not to “opt-in” to marketing communications or by “opting out” at any time after you “opt-in.”

Other disclosures. We may disclose your information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or other governmental or law enforcement request; to enforce our Terms of Use, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; or protect against or mitigate harm to the rights, property or safety of NExS, its users or the public as required or permitted by law.

Aggregate and non-personally identifiable information. NExS may use non-identifiable anonymous data that is based on our users’ use of the Services, including your use and based on the Personal Information you provide and combine it with other anonymous data to create what is referred to as “Aggregate Data” that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Aggregate Data may be used to determine such things as user demographics and usage patterns for our Services. NExS may use Aggregate Data within NExS to understand the needs of the NExS community of users and determine what kinds of programs and services we can offer, including improvements to our existing Services. We may also share Aggregate Data with third parties.

Except as set forth herein, we will not provide your personally identifiable information to any such unaffiliated parties for marketing or other purposes without your consent.

Data retention. If you provide personal information to us through the Services, any Apps, or Site, you may request that we delete such personal information by sending an email to support@nexs.com. Upon your request or if you uninstall applicable Apps or cancel your registration for the Services, we will take reasonable steps to remove your personal information from the active part of our Services. However, due to the nature of our Services, Apps, and the Site, it is infeasible for us to delete or destroy all personal information that you provide to us. Information that we retain will be held in accordance with this policy until deleted or destroyed. Additionally, even after you request that we delete your personal information, copies of that information may remain viewable elsewhere to the extent it has been shared, copied, or stored by you or other users, or has been archived or cached by search engines and other web crawlers.

Corporate events. If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, your information may be included in the assets sold or transferred to the acquirer. You agree that we may transfer or assign the information we have collected about you in connection with any such event. In the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used.

With permission. We may share your information for reasons not described in this Privacy Policy only with your permission.

INFORMATION SECURITY

We will take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your information. However, we cannot guarantee your information will be absolutely secure or that unauthorized persons will not access or use your personal information for improper purposes. In the event of a breach of security affecting the personal information that you, Authorized Individuals have provided to us, or the personal information that we have collected, we will take remedial actions as required by applicable laws, which might include providing you notice of such breach. You agree that we may send you such notices via the Site, Apps, Services, or via email.

Additionally, please note that any payments made on the Site are made through a payment service provided by Stripe, Inc. (“Stripe”) and that we have no access to, or control over the handling of, the personal information provided to Stripe on a payment page. As such, we encourage you to review the terms of use and privacy policy of Stipe provided on their website.

ACCESSING AND UPDATING PERSONAL INFORMATION

You may update, change or correct your personal information through the Services. We will update your account and information as requested, provided, that we may decline to update information if we determine it to be impractical (for instance, requests concerning information residing on backup tapes or other historical data). In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

THIRD-PARTY SITES

Social media sites. We may have pages or other presence on various social networking sites or services, such as Facebook, Twitter, Reddit, and the like. Any information you post or provide through such sites and services will be subject to the policies of those sites and services.

Links to third-party sites. The Services may provide links to third-party websites for your convenience and information. If you use such links, you will leave the Site. We do not control such linked third-party sites or any third party’s privacy practices. We do not endorse or make any representations about third parties or third-party websites. The information you choose to give to third parties is not covered by our Privacy Policy. We encourage you to review the privacy policy of any third party if you access third party site using a link on our Site or on any Apps.

LOCATION OF SERVERS

Our servers are located in the United States of America. If you are accessing the Site, any Apps, or our Services from outside the United States, please be advised that through your use of the Site or Services, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States, which might not have protections that meet applicable requirements in the country in which you are located. By using this Site, any Apps, or our Services, you consent to such transfer and the maintenance and processing of such information in the United States.

INFORMATION OF CHILDREN

The Services are not intended for use by minors under the age of 13, unless through an Authorized Individual Representative. If we learn that a child under the age of 13 has provided us with personal information without verifiable parental consent, we will promptly take reasonable and appropriate actions to remove such user and delete any personal information from our servers.

QUESTIONS OR SUGGESTIONS

If you have any questions or suggestions regarding this Privacy Policy or the information described in this Privacy Policy, please contact us at: support@nexs.com.