Privacy Shield Notice

Nexar Inc. (“Nexar Inc.”, “us”, “we” or “our”) has self-certified with the EU-US and Swiss-US Privacy Shield Frameworks with respect to the personal data of any individuals residing in the EU and Switzerland that we receive or process, including on behalf of any of our affiliated companies worldwide (collectively, “Nexar Group”). To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov. Our Privacy Shield certification is available here.

Accordingly, Nexar Inc. adheres to the principles of the EU-US and Swiss-US Privacy Shield Frameworks, as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States (“Privacy Shield Principles”).

1. Scope

Our participation in the Privacy Shield Frameworks applies to personal data that Nexar Inc. receives from any other member of the Nexar Group which relates to data subjects residing in the EU or Switzerland, or directly from such data subjects themselves.

Our participation in the Privacy Shield applies to personal data that Nexar Inc. receives from and processes on behalf of any member of the Nexar Group, and any customers, business partners, suppliers, employees or candidates of the Nexar Group, that reside in the EU or Switzerland.

2. Data Subject Rights

EU and Swiss data subjects have the right to access personal data about them, and in some cases to limit use and disclosure of their personal data. If you would like to request access to your personal data processed by us, or to limit use and disclosure of your personal data, please contact privacy@getnexar.com and provide your name and contact information. If your request pertains to data processed on behalf of another member of the Nexar Group, we will refer your request to them, and will support them as needed in responding to your request.

3. Onward Transfers and Personal Data

To the extent that we rely on the Privacy Shield framework to facilitate the lawful transfer of personal data originating in the EU or Switzerland to third-parties, we will enter into a written agreement with such third-parties requiring them to provide at least the same level of privacy protection to such personal data as required by the Privacy Shield Principles. In cases of such onward transfer, Nexar Inc. remains responsible and potentially liable, other than for events outside of its reasonable control.

Such third-parties include selected companies and individuals that we have engaged to provide us with services complementary to our own. These include cloud data hosting and delivery services, data and cyber security services, web analytics, content distribution and monitoring services, session or activity recording services, performance measurement, support and customer relation management systems, and our business, legal, financial and compliance advisors.

We may also engage in data transfers internally within the Nexar Group, for the provision of our services. In addition, should Nexar Inc. or any member of the Nexar Group undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, or will be considered or found eligible for a governmental grant and/or a potential investment, then personal data may be shared with the parties involved in such an event. We may also share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Nexar Group members, any of our customers, partners or users, or any members of the general public.

4. Compelled Disclosures

Nexar Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

5. Recourse Mechanism

In compliance with the Privacy Shield Principles, Nexar Inc. is committed to resolve complaints about our collection or use of personal data. EU and Swiss individuals with inquiries or complaints regarding our privacy practices should first contact Nexar Inc. at privacy@getnexar.com, or by postal mail sent to:

Nexar Inc.
Attn: Privacy Shield Inquiry
205 Hudson St,
New York, NY 10013

Nexar Inc. has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit JAMS for more information and to file a complaint. The services of JAMS are provided at no cost to you.

6. Enforcement

Nexar Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the Privacy Shield Principles outlined in this Notice.

7. Arbitration

Under certain conditions, more fully described on the Privacy Shield website, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.