Privacy Policy

At Nemo, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Nemo. This policy explains our privacy practices for www.nemotile.com (the "Site") and our other services provided by Nemo Tile Co. Inc. ("Nemo," or "we," "us," and "our"). We'll refer to the Site and our other services as the "Services." This policy does not apply to the practices of third parties who may also collect or receive data in connection with your use of the Services.

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information practices or relevant laws. We will post a notice on www.nemotile.com that points to this Privacy Policy to notify you of any substantive changes to the way we collect and use information. We will indicate at the top of the Privacy Policy when it was last updated.

We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. We are not responsible for the content or the privacy policies or practices of any of third-party websites and apps.

By using the Services, you acknowledge that Nemo will use your information in the United States and any other country where Nemo operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the "Transfers" Section of this policy.

In the course of providing our Services, we collect or receive different categories of your personal information (listed below) and obtain such personal information from a number of different sources (listed below). Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Nemo uses the personal information it receives and collects in accordance with the purposes described in this policy.

Categories of Personal Information Collected

We collect the following categories and types of personal information:

• Contact Information: your first and last name, postal address, email address, and phone number;
• Other identifying information: IP address, social media user names, passwords and other security information for authentication and access;
• Financial Information: credit card, debit card and bank account information, and billing address;
• Demographic information: gender, age, employment information and salary information;
• Geolocation data;
• Internet or other electronic activity: your browsing and click history, including information about how you navigate within our services and which elements of our services you use the most;
• Commercial information: products purchased or viewed on our website;
• Audio and visual information: your videos and photos; and
• Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

Sources of Information

We collect information from the following sources:

We collect information directly from you. We collect contact and demographic information directly from you. We also collect payment information from you.

We collect information about you from third parties. We collect your personal information from third parties, such as social media sites and marketing partners. We may collect your identifying information from these sites, in accordance with their terms of use and privacy policy.

We collect information from you passively. We collect Internet or other electronic activity passively using tools like browser cookies. This activity is further described below.

Combining Information

We may combine information you give us online or in our stores. We may also combine that information with publicly available information and information we receive from or cross-reference with third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you directly about our products and events that may be of interest to you, and for other promotional and commercial purposes.

On occasion, Nemo will need to contact you. Primarily, these messages are delivered by email for a variety of reasons, including marketing, transactions, and service update purposes. You can opt out of receiving marketing communications by unsubscribing to our newsletter subscription in your account or via email by following the unsubscribe link in any marketing email you receive. You will be unsubscribed from emails within ten days of unsubscribing or opting out. Every account is required to keep a valid email address on file to receive messages. Nemo may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Nemo may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings or by contacting us at the email address and phone number provided below.

With respect to all emails or electronic newsletters sent by Nemo, Nemo agrees that it will ensure that the content of such emails or electronic newsletters complies in all respects with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. 7701) and any successor legislation (herein “CAN-SPAM Act”).

Some messages from Nemo are service-related and necessary for account holders and guest checkout users. You understand and agree that Nemo can send you non-marketing emails, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, and correspondence with Nemo’s support team by the methods of communication as described above.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages.

Categories of Use

Transactional Purposes: We use your contact information, financial information, and commercial information to:

• Receive, process, confirm, send and track your order or registration;
• Communicate with you about your order or registration;
• Process any registration you make to one of our services.

Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.

Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:

• Inform you of our new products, services and offers;
• Provide you with targeted advertising;
• Run contests, promotions and sweepstakes,
• Provide you with other information from and about Nemo, including personalized marketing communications.

Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:

• Provide and maintain functionality on our website, including our live chat or customer review features;
• Handle your customer services requests; and
• Help us diagnose technical and service problems and administer our stores and websites.

Review and Content Creation Purposes: We use your contact information, commercial information, and audio and visual information to enable reviews of our products and to display content that you have created and allowed us to display on our website and services and on social media.

Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, internet activity and browsing history, and inferences to protect this website, our company, and others and to prevent fraud, theft and misconduct.

We respect your privacy. Nemo will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy. If you choose to unsubscribe or opt-out of emails, Nemo will remove your email from all lists.

Legal Bases

When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

• Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
• You have consented to the processing, which you can revoke at any time;
• Necessary to comply with a legal obligation, a court order, or to exercise or defend any impending or asserted legal claims;
• Necessary for the purposes of our or a third party’s legitimate interests, such as those of data processors, service providers, or partners (described in more detail below);
• You have expressly made the information public;
• Necessary in the public interest, such as to prevent crime; and
• Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).

We principally rely on consent (which can be withdrawn at any time) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.

When We Share Information With Third Parties

Our Service Providers

We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our “Service Providers”. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

Our Select Partners

From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our “Select Partners”. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

Our Affiliates

We may share personal information with businesses controlling, controlled by, or under common control with any Nemo Tile Co. Inc.

Corporate Transactions

We may share personal information with parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.

Law Enforcement and Courts

In certain instances, we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Nemo or to others. We may also disclose your contact information when we believe the law or legal process requires it.

Third Party Privacy Policies

This policy does not apply to the practices of third parties (such as certain Service Providers on whom we rely to provide certain services) that Nemo does not own or control or individuals that Nemo does not employ or manage, except as otherwise provided for in the Terms of Use or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Nemo requires these third parties to follow Nemo’s privacy and security requirements, Nemo does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Nemo is not responsible for the privacy or security practices of these third parties or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, third parties are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

Nemo operates a global service. By using our Services, you understand that Nemo may share some of the information it gathers with Nemo affiliates or third parties for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Nemo is deemed collect within and/or to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:

Model Clauses

The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing info@nemotile.com.

Privacy Shield

Nemo, Inc. does not participate in Privacy Shield at this time. However, Nemo may rely on the EU-US Privacy Shield to transfer personal information to some of our third-party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.

Necessary for the Performance of the Contract between Nemo and its Customers

Nemo provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.

If you have any questions about the security of your personal information, you can contact us at info@nemotile.com.

Nemo will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Nemo account), or as needed to provide the Services to you. If you no longer want Nemo to use your information to provide the Services to you, you may close your account. Nemo will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. Please note that closing your account may not free up your email address or username for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

Nemo’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Nemo's Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. If you are a parent or guardian and you are aware that any of your children has provided us with personal information without your consent, please contact us and we will take steps to remove that information from our servers. We do not knowingly “sell,” as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors.

Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Nemo gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Nemo account information through your account settings. You can also request to permanently close your account and delete your personal information by contacting us at the email address and phone number provided below. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.

Right to Access & Portability: You can access certain personal information associated with your account by visiting your account. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used by contacting us at the email address and phone number provided below.

Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.

Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information. We may not delete all of your personal information if one of the following exceptions applies:

• Transactional: to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;
• Security: to detect data security incidents;
• Error Correction: to debug or repair any errors;
• Legal: to protect against fraud or illegal activity or to comply with applicable law or legal obligation, or exercise rights under the law, such as the right to free speech;
• Disclosure: to prevent revealing another individual’s personal date; or
• Internal Use: to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).

Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.

Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.

The CCPA provides California residents with the following additional rights:

Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.

Right to Opt-Out: To the extent that Nemo “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).

If you would like to manage, change, limit, or delete your personal information, you can do so via your Nemo account settings or by contacting us at the email address and phone number provided below. Once you contact us to exercise any of your rights, we will confirm receipt of your request.

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Nemo through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.

Email & Messages :You may also control the receipt of certain types of communications from Nemo in your account settings. Nemo may send you messages about the Services or your activity. Some of these messages are required, service- related messages for customers (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can learn more in the “Messages from Nemo” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

Additional Disclosures for California Residents

Notice of Collection

In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. This information is provided in the “Information Collected or Received Section above.

Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)

Nemo does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “Information Uses, Sharing and Disclosure” Section above, we will comply with applicable law as to those activities.

To opt-out of receiving interest-based advertising, you can exercise your choice by contacting us through one of the channels listed in the “Contact” Section below. The right to opt-out of interest based advertising is available to all Nemo users.

Do Not Track Signals

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Shine the Light

California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Unless you request us to or consent to it, Nemo does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below.

Accessibility

If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” Section below.

We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. When you visit our Site, we send one or more cookies to your computer or other device. We may also use cookies and other similar technologies in emails that you receive from us. A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. We use cookies to improve the quality of our service when you visit our web site and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting and email interaction patterns.

What Type of Cookies do we use?

There are a number of different types of cookies, however, our website uses:

• Functionality – We use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
• Advertising – We use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to Manage Cookies

If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of the Site or other services may not work if you delete or disable cookies. You can manage your consent of our use of cookies on the Site by changing your preferences on the cookie banner on the Site.

If you have any questions:

• Call Nemo’s support team at: 212.505.0009; or
• Send an email to Nemo’s support team at: info@nemotile.com

If you live in the EEA, you may also file a complaint with your local data protection regulator.