1.1. Nexchange Limited and its affiliates (collectively, “Company,” “We” or “us”) understands the importance of privacy and recognizes that you may be concerned about the information you provide to us and how we treat that information. This privacy statement (this “Privacy Statement”) has been established to inform you of the types of information we may collect from you or that you may provide when you use or visit Nexchange websites, Nexchange mobile applications, and/or other Nexchange services and applications that link to this Privacy Statement (collectively, the “Services”), our practices for collecting, using, maintaining, protecting, and disclosing such information, and the choices you can make about our use of such information.
1.2. This Privacy Statement applies to personal information kept by us digitally. These information include those collected by us online, offline, or through any other means, including on any other website operated by the Company or any third party; or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services.
1.3. Please read this Privacy Statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. By accessing or using the Services, you agree to this Privacy Statement.
2. Personal Information From Children
3. Information We Collect About You and How We Collect It
3.1. We collect information about you either: (i) directly from you when you provide it to us or from another user when using the Services; (ii) automatically as you use the Services; or (iii) from third parties through your use of the Services.
3.2. We collect several types of information from and about users of the Services, including, without limitation, the following:
- personally identifiable such as your name, email address, telephone number, photos and images, employment information and history, title, experience, educational background, zip code or city and state, referrer URL, and any other information included in your resume, or other identifier that permits direct or indirect identification of a specific individual, or as otherwise defined by applicable privacy and data security laws (“personal information”);
- your preference settings in connection with the Services;
- information we access on your device with your permission such as your contacts and their information (e.g., phone number or email address);
- records and copies of your correspondence (including email addresses) if you contact us;
- information you provide when you respond to any survey, advertisement or promotion, or report a problem with the Services;
- details of transactions, including payment card information, you carry out through the Services; and
- your search queries on the Services.
3.3. We will also collect any other information that you choose to provide to us through the Services, which may include sensitive personal data (as defined by the UK Data Protection Act 1998), such as details of trade union or professional organization membership. Please note that if you choose to provide us with sensitive personal data you expressly consent to our processing it as described in this Privacy Statement.
3.4. From time to time, you may provide us with personal information about others (for example, in connection with a forward-to-friend feature or access to your address book to identify potential contacts). In such instances, we rely on you to obtain such other persons’ consent for disclosing their information to us, and accordingly you warrant that such consent has been obtained. We will use such third party information in accordance with the terms of this Privacy Statement. The Company may use such third party information provided by you or information about you provided by another user in connection with the Services, such as finding or recommending connections. You may control this feature through your preference settings.
3.5. With your consent, we may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Services.
3.6. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas or publicly available areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. You may limit access to certain pages by setting your privacy settings for such information; however, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons and we are not responsible for the dissemination of any User Contributions to unintended audiences.
4. Information We Collect Through Automatic Data Collection Technologies
4.1. As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, without limitation:
- details of your visits to the Services, including traffic data, other communication data, and the resources that you access and use on the Services;
- information about your computer or mobile device and internet connection, including your IP address, cookies ID, operating system, and browser type; and
- your geolocation information.
4.2. We may maintain information we collect automatically or associate it with personal information we collect in other ways or receive from third parties. Such combined information helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about your preferences, allowing us to customize the Services, including advertisements on the Services, according to your individual interests; (iii) speed up your searches; and (iv) recognize you when you return to the Services.
4.3. The technologies we use for automatic data collection of statistical data 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 select this setting you may be unable to access certain parts of the Services (e.g., you may not be able to remain logged into your account). For information about managing your privacy and security settings for cookies, See Section 8 (Choices About How We Collect, Use, and Disclose Your Information).
- Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas of our Services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Services when they are using it. This helps us to improve the way our Services works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our Services. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. We will use this information to make our Services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 8 (Choices About How We Collect, Use, and Disclose Your Information).
Web Beacons. Pages of the Services 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 permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). For information about managing your privacy and security settings for web beacons, see Section 8 (Choices About How We Collect, Use, and Disclose Your Information).
5. California Do Not Track Disclosures
5.1. We may use tracking technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We will comply with web browser “do not track” signals that you may set in your web browser regarding the collection of personal information about your online activities over time and across third-party web-sites or online services.
5.3. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about 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 Section 8 (Choices About How We Collect, Use, and Disclose Your Information).
6. How We Use Your Information
6.1. You consent to our processing and use of your information in accordance with the terms of this Privacy Statement. Further, you consent to our use of your contact information to contact you regarding the Services or your account. You agree to provide us with and maintain in your user account up-to-date contact information for this purpose.
6.2. We may use information that we collect about you or that you provide to us, including any personal information:
- to present the Services and its contents to you;
- to provide you with information or services that you request from us;
- to fulfill any other purpose for which you provide it;
- to contact you regarding the Services or your account;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to the Services or, subject to any consent requirements under applicable law, any services we offer or provide though the Services;
- to allow you to participate in interactive features of the Services;
- to conduct research and development for the improvement of the Services;
- in any other way we may describe when you provide the information;
- to comply with applicable legal obligations, including requests from law enforcement or other governmental entities;
- for any other purpose with your consent.
6.3. Subject to any consent requirements under applicable law, we may also use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you. In some countries, we are only legally permitted use your personal information for direct marketing purposes where you have consented, and in these countries we will only do so with your consent. Even if you consent, you will have the option to opt out at your choice.
6.4. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We do not endorse any of the products or services which may be advertised by third parties on our Services.
6.5. We may use personal information collected from you in an aggregate form for research, publication, marketing or promotional purposes. However, we will only do so in such a way as to ensure that such aggregated information does not individually identify any user.
7. Disclosure of Your Information
7.1. Please note that information you provided on your public profile and information shared in a group or forum (except instant messages with another user or a groups of users) which are visible to the public and will be treated as public information and can be accessed by third parties, such as advertisers. There is no expectation of privacy under such circumstances, and as such you should not post any information in a way that is visible to the public that you do not want shared with third parties. For information about managing your privacy and security settings, see Section 8 (Choices About How We Collect, Use, and Disclose Your Information). The information you provide on your public profile may be accessed by individuals or companies anywhere in the world.
7.2. We may disclose personal information that we collect or you provide as described in this Privacy Statement to the following:
- any current or future affiliates, parent companies, or subsidiaries who are involved in providing or supporting the Services in the countries throughout the world;
- contractors, service providers, and other third parties we use to support our business (such as IT providers, marketing service providers, website hosts and data analytics providers) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
- another party in connection with a merger, divestiture, restructuring, reorganization, dissolution, change of control, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- another party in accordance with your privacy settings (for example, if you update your employment history or position and allow access to this information by other users, we may provide notice of such updates to other users or the Services may use your contacts information to find your contacts using the Services); you can control this sharing by turning off the preference setting;
- any person at your request or direction (for example, if you give us an email address to use the “email a friend” feature of the Services, we will transmit the contents of that email and your email address to the recipients, or notify your contacts upon your request);
- any other person for any other purpose disclosed by us when you provide the information; or
- any other person or entity where you consent.
7.3 We may also disclose your personal information:
- to comply with any court order, law or legal process, including to respond to any government or regulatory request;
- to any third party who claims that material posted by you violates their rights, including, without limitation, their intellectual property rights or their right to privacy, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
7.4. We may disclose to third parties information collected from you in an aggregate form. However, we will only do so in such a way as to ensure that such aggregated information does not individually identify any user.
7.5. The information that we collect from you and which you provide to us may be transferred to, and stored at, a destination outside of your home country without limitation, the United States and the Philippines. It may also be processed by staff operating outside your home country who work for us or for one of our suppliers. By using the Services, you consent to such transfer, storing, and processing.
8. Choices About How We Collect, Use, and Disclose Your Information
8.1. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with control over your information, including the following.
- Promotional Offers from the Company. If we have sent you a promotional email, please follow the unsubscribe options in the email. You can also opt out of receiving promotional materials by emailing [email protected]
9. Accessing and Correcting Your Information
9.1. You have the right to request access to, or correction of, your personal information by logging into the Services and visiting your preference settings or contacting us directly, See Section 14 (Contact Information). You may delete account or chat history from the preference settings and instant message function. You may also update your preference settings for opt-out of location, profile update and user activity.
9.2 We cannot delete your personal information except by also deleting your user account. We may not 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.
9.4. Please note that messages deleted by the user sending or receiving such messages may continue to be accessible by us or another user.
9.5. You have the right (subject to various exceptions and in accordance with data protection legislation in your country) to access your personal data or request a copy of the personal information which we hold about you, please contact us at [email protected] In most cases, you will not be charged a fee. In case you may be charged a fee for the administrative costs of complying with your request, we shall contact and inform you promptly.
You also have the right to raise a complaint about our processing with the data protection regulator in your jurisdiction.
10. Data Retention
10.2. We retain all personal information in accordance with a retention policy which ensures that personal data is not retained for longer than is necessary to fulfill the purposes for use.
10.3. Notwithstanding the foregoing, information we collect from you and information you provide to us may be retained for a shorter or longer period of time if required by any law or requested by a governmental or regulatory authority.
11. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at 70, East 55th Street, 14th Fl., NY 10022, USA.
12. Data Security
12.1. We have taken commercially reasonable steps to ensure the security of our systems and implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding the foregoing, the transmission of information via the internet is not completely secure. Although we endeavor to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
12.2. All personal data we collect about you is stored on our or our subcontractors’ secure servers, which servers may be located outside of European Union (EU) countries or the United States of America(USA). We comply with our security policies and standards when accessing or using this information and restrict access to your personal data to those persons who need to use it for the purpose(s) for which it was collected. You are responsible for keeping any information that we send to you confidential and for complying with any other security procedures that we notify you. In particular, where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any user of the Services.
13. Changes to Our Privacy Statement
13.1. We may amend and update this Privacy Statement from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. The date the Privacy Statement was last revised is identified at the top of the page. Your continued use of the Services following the posting of changes to this Privacy Statement constitutes your acceptance and agreement to the changes. If you object to any of the changes to this Privacy Statement, you may terminate your account. Please check this page frequently and review any changes to this Privacy Statement carefully so you are aware of any changes, as they are binding on you.
14. Contact Information
For the purposes of the UK Data Protection Act 1998, the data controller of your personal information is Nexchange Group, Inc.
To ask questions or comment about this Privacy Statement and our privacy practices, contact us at:
70, East 55th Street, 14th Fl., New York, NY 10022, USA