The following sets forth the policies for the collection and use of personally identifiable information (“Information”) by Nitro Media (together with its affiliated companies, “Nitro”) in connection with its operation of the Web site located at www.gonitromedia.com (the “Site”). Nitro takes its obligations regarding privacy very seriously, and it wants to ensure users are fully informed about the Information they are providing to it.
Collection of Information.
In connection with the Site, Nitro may collect Information in the following ways:
Nitro may also connect non-personally identifiable information from users via “cookies” (small text files placed by Nitro on user computers), single-pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technological means. Such non-personally identifiable information may be used to track site trends and enhance the user experience, and may be shared with third parties.
To the extent third parties may place advertising on the Site, such third parties may utilize cookies or other technological means within the advertising to collect and utilize non-personally identifiable information. Nitro is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Site is linked.
Types of Information Collected by Nitro.
The following types of Information about a user are among those that may be collected by Nitro in connection with the Site:
Sharing Personal Information with Third Parties.
We may share, sell or trade your personal information gathered online with third parties. We will share your information in order to provide services and process your requests. We may share your personal information with our corporation affiliates and business united within the same corporation.
By completing the online form you expressly consent to receive text message, autodialed and/or prerecorded calls from us, our marketing partners and the parties listed on the Site. I understand that consenting is not required to make any purchase.
No Collection of Information from Children.
The Site is not intended for users under the age of 18, nor does Nitro knowingly collect or retain Information in connection with the Site from children under the age of 13.
Use of Information.
Nitro may use Information collected in connection with the Site in the following ways:
In order to do the foregoing, Nitro may provide your Information to trusted third parties, including but not limited to selected third party marketers and vendors as well as third party contractors providing services to Nitro for the operation of the Site and its business, communication services and fulfillment of orders. Email address will only be provided to a select mailing partner for the purpose of sending third-party promotional emails. Nitro will use commercially reasonable efforts to limit use of the Information by such third parties to the specific uses set forth above. Nitro also utilizes electronic and physical security to reduce the risk of improper access to or manipulation of Information during transmission and storage, but cannot guarantee the security or integrity of the Information.
Access to Information.
Users may modify and correct certain Information through a written request sent to Nitro Media, 132 Mill Road, Moncton, NB, Canada E1C 9V8.
Changes to this Privacy Policy.
Nitro reserves the right to revise and update this Privacy Policy at any time. Any such revisions will be effective on the date of posting to the Site, and will apply to all information collected by Nitro both prior to and following the effective date. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit this page to review the current policies with regard to Information.
Opting Out from Offers from Nitro.
At any time, a user may opt out from receiving future offers from Nitro by following the instructions contained within each marketing communication. Such opting out will not apply to any communications from third parties to whom Nitro may have provided Information regarding the user. Third parties’ use of the Information is subject to such parties’ own privacy policies, for which Nitro shall not be responsible.
Your California Privacy Rights.
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Nitro who are California residents to request certain information regarding Nitro’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: Nitro Media, 132 Mill Road, Moncton, NB, Canada E1C 9V8. Within thirty days of receiving such a request, Nitro will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Nitro reserves its right not to respond to requests submitted other than to the address specified in this paragraph.
Many browsers including Internet Explorer, Firefox, and Google Chrome contain a “do not track” optional setting. In general, when a “do not track” setting is active, the user’s browser notifies websites that the user does not want the user’s personally identifiable information about an individual consumer’s online activities tracked over time and across different Web sites or online services. Websites are not required to honor a do not track request and as required by amendments to the California Shine the Light law, we are informing you that we do not honor such requests.
Privacy Notice for California Residents
This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We have collected the following categories of personal information from consumers within the last twelve (12) months:
| Categories | Examples | Collected |
|---|---|---|
| A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | NO |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES |
| G. Geolocation data. | Physical location or movements. | NO |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | NO |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO |
| K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
Public information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers. Category B: California Customer Records personal information categories. Category F: Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
Contact Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Website: https://gonitromedia.com/ Email: info@gonitromedia.com Postal Address: Nitro Media Attn: Privacy Compliance Officer 132 Mill Road, Moncton, NB, Canada E1C 9V8
Arbitration Agreement.
Please read this Arbitration Agreement (the “Agreement”) carefully. THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review this agreement: give us a written or electronic signature; tell us orally or electronically that you accept; submit information to us on our website. This Agreement affects your legal rights and remedies and provides that disputes between you and Nitro Media (the “Company”), must be resolved through binding arbitration rather than in a court.
Resolution Of Claims or Disputes.
Nitro hopes to make you a happy customer and most customer concerns can be resolved quickly and to the customer's satisfaction by email our customer service department. If, however, there is an issue that needs to be resolved, this Agreement describes how both of us will proceed. Any claim or dispute between you and Nitro (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the product or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls.
Limitation of Legal Remedies.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
Arbitration Procedures.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Nitro shall be sent to the following address: Nitro Media, 132 Mill Road, Moncton, NB, Canada E1C 9V8. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or Nitro may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New York or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, Nitro will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, Nitro further agrees that any hearings may be held by telephone and that Nitro will not seek attorney’s fees in the event Nitro prevails. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law.
This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Severability.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
California Residents: Pursuant to Section 1798.120 of the California Consumer Privacy Act (CCPA), a consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information.
Policy Last Revised: May 17, 2023