Privacy Policy

YOUR PRIVACY: OVERVIEW

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Nirvana Labs, LLC and its subsidiaries and affiliates (“Nirvana”) with respect to the collection, use, and disclosure of personal information in connection with this website and other websites operated or provided by Nirvana, including www.Filium.com, www.Ablyapparel.com, and various subdomains, (collectively, the “Sites”). This Privacy Policy also sets out how visitors to or users of the Sites (“you”) can access and correct certain information that Nirvana may collect. In this Privacy Policy, “personal information” means information about an identifiable individual as further defined under applicable privacy laws.

Please note that this Privacy Policy applies only to information collected from you by Nirvana via the Sites and does not apply to information obtained or disclosed in offline correspondence, at retail stores or other distribution channels or through other personal contacts with Nirvana representatives. Further, the Sites may contain links to other third party websites that are not controlled or operated by Nirvana. This Privacy Policy does not apply to such third party websites, and Nirvana is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore, Nirvana encourages you to request and review the privacy policies of any third parties upon disclosing your information such parties or visiting such third party websites.

CONSENT

BY SUBMITTING PERSONAL INFORMATION TO NIRVANA OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT NIRVANA MAY COLLECT, USE AND DISCLOSE THAT PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Nirvana at the address provided below. If you refuse or withdraw your consent, Nirvana may not be able to provide you or continue to provide you with certain services or information, which may be of value to you.

REVISIONS TO THIS PRIVACY POLICY

Nirvana reserves the right, in Nirvana’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. However, Nirvana will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated April 2016.

COLLECTION OF YOUR INFORMATION

Nirvana may collect personal information in connection with your use of the Sites, which may include information provided in connection with the following activities:

• Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Nirvana’s products and services or sign up to receive Nirvana’s e-mail newsletters or coupons.
• Completing a profile on the Sites.
• Purchasing any product through the Sites.
• Providing product feedback or making other submissions to Nirvana.
• Requesting information or assistance through the Sites. Nirvana may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
• Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Nirvana’s products.
• Participating in consumer contests, sweepstakes and other promotions.
• Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature.

The personal information that Nirvana may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, or in other communications to Nirvana. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that is provided by you to Nirvana.

Nirvana may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites. Nirvana or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

COOKIES

Like many websites, Nirvana utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Nirvana with personal information.

Cookies help Nirvana to improve the Sites and to deliver more personalized service by enabling Nirvana to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Nirvana’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

IP ADDRESSES

An IP address is a computer’s numeric address, by which it can be located within a network. Nirvana may record your IP address when you visit or use services or features on the Sites. Nirvana may use your IP address for the purposes noted above, and also to help diagnose problems with Nirvana’s server, or to administer the Sites. Nirvana may also use your IP address to identify you when Nirvana feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Nirvana uses physical, technological and administrative procedures to protect the personal information that Nirvana collects through the Sites that are appropriate to the sensitivity of the personal information.

Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Nirvana, please contact: hello@filium.com

You should also be aware that certain aspects of the Sites are not confidential and are available for public viewing. For example, other users of the Sites will be able to view your profile and goals that are publically available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Nirvana or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

USE OF YOUR PERSONAL INFORMATION

Upon Nirvana’s collection of your personal information, Nirvana may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

• To develop, enhance, market sell or otherwise provide information, products or services;
• To establish and conduct commercial relationships, including to process purchases or other transactions through the Sites and to conduct or administer other transactions that you may engage in with Nirvana on or through the Sites;
• To conduct or administer contests, sweepstakes or other promotions in which you have participated;
• To contact you and to respond to any communications that you may have had with us;
• To troubleshoot problems with the Sites;
• To customize your experience or homepage on the Sites;
• To develop and manage Nirvana’s business and operations;
• To enforce Nirvana’s Terms of Use or comply with this Privacy Policy;
• To detect and protect Nirvana and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Nirvana’s policies and contractual obligations;
• To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Nirvana;
• As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
  For any other purpose to which you consent.

Personal information collected on the Sites may be stored and processed in the United States, Canada or abroad. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

DISCLOSURE OF YOUR INFORMATION

Nirvana may disclose your personal information to its subsidiaries or affiliates and to third parties whom Nirvana hires to provide services on Nirvana’s behalf, including support services, website services, delivering promotional materials, and answering customer questions about Nirvana’s products and services. Nirvana will only provide those third parties with the personal information that they need to deliver the services to Nirvana and/or on Nirvana’s behalf, and they will be contractually prohibited from using that information for any other purpose. In the event that Nirvana is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Nirvana, your personal information and any other information Nirvana may have collected through your use of the Sites may be transferred to another party in connection with such transaction. Nirvana may also disclose your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Nirvana’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

RETENTION OF YOUR PERSONAL INFORMATION

The personal information that you provide will be retained by Nirvana in accordance with applicable laws. However, Nirvana will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Nirvana business purposes.

CHILDREN’S PRIVACY

Nirvana recognizes the privacy interests of children and Nirvana encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites are not intended for children under the age of 18. Nirvana does not target its services or the Sites to children under 18. Nirvana does not knowingly collect personal information from children under the age of 18.

CHOICE AND OPT-OUT PREFERENCES

Nirvana does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from Nirvana (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Nirvana. If, at any time, you prefer not to receive any other form of communication from Nirvana, you will have the ability to unsubscribe from such communications by contacting: hello@Filium.com

ACCESS AND CORRECTION

Upon your written request, subject to certain exceptions, Nirvana will inform you of the existence, use and disclosure of your personal information and give you access to, and correct errors or omissions in respect of, that information. Requests for access or corrections should be sent in writing to the Privacy Officer at the address provided below.

QUESTIONS OR COMMENTS

Nirvana welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to:

Nirvana Labs, LLC
14 West Roy Street
Seattle, Washington 98119