NiHowdy Privacy Policy

This Privacy Policy was last updated on June 19, 2023.

This Privacy Policy (the “Privacy Policy”) describes the treatment of information provided or collected on any NiHowdy Platforms operated by NiHowdy Tech., Inc. and its parent, subsidiaries, and affiliated companies (collectively, “NiHowdy,” “we,” “us,” “our”). The purpose of this Privacy Policy is to describe how we collect, share and secure information provided by you or obtained from you. Therefore, before you provide us with any information, including Personal Information (as defined in Section 1 below), you should read through this Privacy Policy in its entirety and understand its terms. We may update this Privacy Policy from time to time in accordance with Section 10 below, so please check in periodically. Ultimately, our goal is to provide a Privacy Policy that is transparent in how we handle your information. Except as may otherwise be provided herein, all capitalized terms which are defined in this Privacy Policy shall have the same meanings herein as those meanings assigned to such capitalized terms in the NiHowdy Terms of Use.

TABLE OF CONTENTS

1. INFORMATION WE COLLECT
2. HOW WE COLLECT YOUR INFORMATION AND COOKIES
3. WHAT WE DO WITH YOUR INFORMATION
4. SHARING YOUR INFORMATION
5. LINKS TO OTHER WEBSITES
6. YOUR CONTROLS AND CHOICES
7. SECURITY MEASURES
8. TRANSFER OF YOUR INFORMATION
9. CHILDREN
10. CHANGES TO THIS PRIVACY POLICY
11. NOTICE TO CALIFORNIA RESIDENTS
12. CALIFORNIA DO NOT TRACK DISCLOSURES
13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
14. CONTACT US
15. GENERAL TERMS

1. INFORMATION WE COLLECT

When using the Platforms, you may choose to provide NiHowdy with information about yourself which is “personally identifiable information.” The term “personally identifiable information” means information that is collected, by which you may be personally identified, such as your first and last name, date of birth, address, e-mail, phone number, location, and any other information that you provide to us (the “Personal Information”). Your use of the Platforms may also entail you providing information that is not Personal Information, meaning that such information is not connected to your name and is, therefore, anonymous information and which does not identify and cannot reasonably be used to identify an individual User. It is your choice whether to provide us with Personal Information and the provision of such Personal Information is not required when visiting the Platforms. However, if you provide us with Personal Information, such as by creating an account, we may store that Personal Information and we may then contact you from time to time.

Some examples of the types of information we collect are as follows:

• Your first and last name
• Date of birth
• Phone number
• E-mail address
• Usage data
• Prescription transaction history
• Information necessary to provide our services, including payment of Bitcoin rewards
• Information provided by you when you participate in a survey or communication to you regarding your use of the Platforms or our services.
• Location information when you visit our Platforms, including location information either provided by a mobile device interacting with our Platforms (including through beacon technologies) or associated with your IP address, where We are permitted by law to process this information.
• Usage, viewing and technical data, including your device identifier or IP address, when you visit our Platforms or open communications, we may send you.

2. HOW WE COLLECT YOUR INFORMATION AND COOKIES

• We collect information through technology such as cookies (which is information stored on your computer or mobile device by your browser to save your preferences while you are visiting a particular Platform) and web beacons (small pieces of data that are embedded in images on the pages of Platforms) when you visit our NiHowdy Platforms. This tracking data is used for many purposes including, for example, to provide useful features to simplify your experience when you return to our Platforms; deliver relevant content based on your preferences, usage patterns and location; monitor and evaluate the use and operation of our Platforms; and to analyze traffic on our Platforms and the platforms of third parties. We may associate this tracking data with your registration account or the like, in which case we will treat it as Personal Information. Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online. For more information about cookies and web beacons, please email support@nihowdy.com.
• If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all the cookies on your computer or mobile device by following your browser’s help file directions. In addition, you can always choose not to receive certain advertisements or communications.
• As you enter or access the Platforms, we capture and retain the IP address of the device you are using, such as a personal computer, tablet or a mobile device.

3. WHAT WE DO WITH YOUR INFORMATION

NiHowdy may use any information, including Personal Information, provided by you on our Platforms for the following purposes:

• To provide, maintain and optimize our services connected to your use on our Platforms, including to monitor your account, your Membership, your use of the NiHowdy prescription discount program, your use of your Prescription Savings Card, and your bitcoin rewards.
• To process and pay out your bitcoin rewards.
• To manage your account and registration of your account.
• To contact you by email, telephone, text message, or other equivalent forms of electronic communication, such as mobile application’s push notifications regarding updates or information communications related to our services connected to our Platforms, your account, your Membership, your use of the NiHowdy prescription discount program, and your use of your Prescription Savings Card. Card. BY SUBMITTING YOUR EMAIL AND/OR PHONE NUMBER TO US, YOU CONSENT TO RECEIVING EMAIL, PHONE CALLS AND/OR TEXT MESSAGES FROM NIHOWDY..
• To provide you with news, special offers, prescription discounts, prescription prices at participating pharmacies, bitcoin rewards, and other general information about our services connected to the Platforms.
• To attend and manage any of your requests to us.
• To share with third-party service providers who monitor and analyze your use of our services.
• For other purposes, consistent with federal, state and local laws that may be available to you, such as location information, computer and connection information, statistics on page views, traffic to and from the NiHowdy Platforms, advertisement data, IP address data, Page URL and timestamp.
• To personalize content and experiences.
• To provide you with advertising based on your activity on our Platforms and on third-party sites and applications.
• To optimize or improve our products, services and operations.
• To notify you about changes to our Platforms or any products or services we offer or provide though it.
• To identify usage trends and determine the effectiveness of any of our advertising and/or promotional campaigns and to evaluate, improve, and customize your experience with our services, Platforms and marketing efforts.
• To notify you about changes to your Membership, your bitcoin rewards, your use of the NiHowdy prescription discount program, and your use of your prescription savings card.
• To carry out our obligations and enforce our rights arising from any contracts entered between you and us.
• To respond to your feedback, comments, and concerns regarding your use of our Platforms, your account, your bitcoin rewards, the NiHowdy prescription discount program, and your Prescription Savings Card.
• To detect, investigate and prevent harmful activities that may violate our Terms of Use, this Privacy Policy, or be illegal.
• To provide you with any information, products, or services that you request from us.
• To fulfill any other purpose for which you provide.
• To collect aggregated statistical information for purposes of improving our services. This data does not contain Personal Information, such as name or email address. An example might be location data, mouse movements or links clicked that might be used to improve our user experience.

4. SHARING YOUR INFORMATION

Personal Information about our customers is important to us and we are not in the business of selling this Personal Information to others. We share customer Personal Information only as set forth below herein:

• Internal Process/Employees. NiHowdy allows a limited number of employees to have access to your Personal Information. These employees are trained on our security practices and are deeply committed to maintaining your privacy. They are authorized to access your account information on an “as-needed” basis to provide technical support, or at your request.
• Affiliates. We may share Personal Information we collect from you with our affiliates or subsidiaries that are either subject to this Privacy Policy or that follow practices that are at least as restrictive as those described in this Privacy Policy.
• Service Providers. WWe may disclose Personal Information we collect from you to pharmacies, service providers, contractors, and other parties we use to support our business 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.
• Sale or Transfer of Business. We may also disclose Personal Information to a buyer or other successor to NiHowdy’s business in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NiHowdy’s assets or ownership interests, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by NiHowdy about our Users and/or Members is among the assets transferred.
• Exceptions to Sharing Information. Exceptions to sharing your Personal Information include when the User provides direct permission, or when it is required by the law or in connection with legal processes.
• Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your Personal Information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your Personal Information may protect the rights, property, or safety of NiHowdy or another person.
• Legal Process . We may share your information with others as required by, or permitted by, law. This may include sharing your Personal Information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
• Blogs and other Online Postings. We may decide to allow users to share messages, comments, postings, testimonials, personal web pages or profiles, or other interactive information. If you choose to submit such information to us, the information you submit may be available generally to the public. Please be aware that information you provide in these areas may be read, collected, and used by others who access them.

5. LINKS TO OTHER WEBSITES

The Platforms may contain links to other websites that are not operated by us, including but not limited to coinbase.com and onfido.com. Therefore, please keep in mind that when you provide any information to us on a third-party website or platform, any information you provide may be separately collected by the third-party website or platform. The information we collect, including Personal Information, is covered by this Privacy Policy and the information the third-party website or platform collects is subject to the third- party platform or website’s privacy practices and, therefore, you should familiarize yourself with any applicable third-party privacy policy as needed. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party website, platforms or other services.

6. YOUR CONTROLS AND CHOICES

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and sharing of your Personal Information as described in this Section 6 below, and in accordance with Section 13 (if applicable):

• You may correct, update and delete your registration account except as otherwise prohibited by our Platform or NiHowdy, including Personal Information relating to your prescription history.
• You may change your choices for subscriptions, newsletters, notifications and/or alerts.
• You may choose whether to receive offers, promotions, newsletters, and other marketing and advertising messages from us.
• You may choose whether we share your Personal Information with other companies so they can send you offers and promotions about their products and services.
• You may choose whether to receive targeted advertising from many advertising networks, data exchanges, marketing analytics and other service providers.
• You may request access to the Personal Information we hold about you, including any Personal Information that we amend or delete.
• You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.

You may exercise your controls and choices, or request access to your Personal Information, by contacting us via email at support@nihowdy.com. Please be aware that if you do not allow us to collect Personal Information from you, we may not be able to deliver certain services, such as a Prescription Savings Card, to you and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at support@nihowdy.com.

7. SECURITY MEASURES

The security, integrity and confidentiality of your information, including your Personal Information, is extremely important to us. We take all reasonable and appropriate measures to secure your Personal Information once we receive it, and to help prevent it from being disclosed to individuals who are not described in this Privacy Policy. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable and, therefore, we cannot guarantee that Personal Information will remain secure in all circumstances.

8. TRANSFER OF YOUR INFORMATION

Your information, including Personal Information, is processed at NiHowdy’s operating offices and in any other places where NiHowdy or its employees or independent contractors are located, except as may be otherwise processed by relevant third-party platforms and the companies that operate them. This means that your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information to NiHowdy represents your agreement to such transfer(s).

In accordance with Section 7 above, NiHowdy will take all reasonable and appropriate steps to ensure no transfer(s) of your information will take place to an organization or a country unless there are adequate controls in place including the security of your information and data.

9. CHILDREN

NiHowdy is committed to protecting the online privacy of children and making the internet safe. We do not provide services to children, or knowingly collect or solicit Personal Information from children under 13 years of age. Any communication we get that is identified as being from a child under 13 will not be kept by NiHowdy. We encourage parents or guardians of children under 13 to regularly check and monitor their children’s use of email and other activities online. Further, you affirm that you are at least 18 years of age.

10. CHANGES TO THIS PRIVACY POLICY

Your use of our Platforms, including any dispute concerning privacy, is subject to this Privacy Policy and the applicable Terms of Use. BY USING OUR PLATFORM, YOU ARE ACCEPTING THE PRACTICES, TERMS AND CONDITIONS SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE TERMS OF USE.. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the “Last Updated On” date at the top of this page to determine if the Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of our Platforms following posting of the updated Privacy Policy will constitute your acceptance of the changes.

12. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request a notice regarding the disclosure of your Personal Information by NiHowdy to other parties, including third parties. If you are a California resident and would like a copy of this notice, please contact us at support@nihowdy.com.

12. CALIFORNIA DO NOT TRACK NOTICE DISCLOSURES

We do not track our users and visitors over time and across third-party platforms to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third-party platforms may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their platforms.

13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

This section of our Privacy Policy provides information for California residents, as required under applicable California privacy laws, including the California Consumer Privacy Act (“CCPA”) to the extent applicable. California privacy laws require that we provide California residents information about how we use their Personal Information, whether collected online or offline, and this section is intended to satisfy that requirement.

Under the CCPA, “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

• Categories of Personal Information that We Collect, Disclose, and Sell
  Below we identify the categories of Personal Information that we collect about California consumers and households, the purposes for which we use each category, and whether we disclose or sell information within each category. For the avoidance of doubt, to protect your privacy, we do not sell or rent your Personal Information, and we only share your information as stated herein. In the event that our data collection should change in the future, we will inform you of this change before selling your Personal Information and provide instructions on how you can provide consent.

Please note our data collection practices set forth below are not different than those described above; the CCPA specifies particular information that we need to discuss in our Privacy Policy, and, in this section, we have reorganized the discussion above into the categories as outlined by the CCPA.

California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out. California residents have the right to opt-out of “Sale” of their Personal Information. California defines the term “Sale” broadly, and includes selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating (collectively a “Sale”) California residents’ Personal Information to another business or third party for monetary or other valuable consideration. We do not sell, share, or rent your Personal Information as such terms are defined under the CCPA. In the event that our data practices should change in the future, we will inform you of this change before selling your Personal Information and provide instructions on how you can opt-out.

Notice at Collection. We are required to notify California residents, at or before the point of collection of their Personal Information, the categories of Personal Information collected and the purposes for which such information is used.

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their Personal Information that we have collected about them, subject to certain exemptions, and to have such Personal Information deleted, except where necessary for any of a list of exempt purposes.

Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of Personal Information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their Personal Information in the prior 12 months, including the:

• categories of Personal Information collected;
• categories of sources of Personal Information;
• business and/or commercial purposes for collecting or selling their Personal Information;
• categories of third parties/with whom we have disclosed or shared their Personal Information;
• categories of Personal Information that we have disclosed or shared with a third party for a business purpose;
• categories of Personal Information collected; and
• categories of third parties to whom the California resident’s Personal Information has been sold and the specific categories of Personal Information sold to each category of third party.

Submitting Requests. Requests to exercise the Right of Deletion, Right to a Copy, and the Right to Information may be submitted by California residents by sending an email to support@nihowdy.com. We will respond to verifiable requests received from California consumers as required by law.

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their Personal Information.

Discrimination: California residents have the right to equal service by us, and we will not discriminate against any California residents if they exercise their rights under the CCPA.

Disclosure of Incentives: If businesses offer any financial incentives for the collection, sale or deletion of California residents’ Personal Information, residents have the right to be notified of any financial incentives offers and their material terms, the right not be included in such offers without prior informed opt-in consent, and the right to be able to opt-out of such offers at any time. Businesses may not offer unjust, unreasonable, coercive or usurious financial incentives. We do not offer any financial incentives at this time.

14. CONTACT US

If you have any questions about our Privacy Policy, you can contact us at support@nihowdy.com. If we need, or are required, to contact you concerning any event that involves your Personal Information, we may do so by email or telephone.

15. GENERAL TERMS

Entire Agreement. This Privacy Policy and any documents expressly incorporated herein constitutes the entire agreement between you and NiHowdy relating to this subject matter, and cancels and supersedes any prior versions of this Privacy Policy and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms and Membership. No modification to this Privacy Policy will be binding on NiHowdy, unless in writing and signed by an authorized NiHowdy representative or posted by NiHowdy to any Platform. You may not assign, sublicense, delegate, or otherwise transfer this Privacy Policy or any right granted hereunder.

Headings.The headings and captions of this Privacy Policy are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.

Survival. Rights and obligations under this Privacy Policy which by their nature should survive any termination of expiration of this Privacy Policy will remain in full effect after termination or expiration of this Privacy Policy.

Equitable Relief. You agree that any material breach of this Privacy Policy will result in irreparable harm to NiHowdy for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, NiHowdy will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if NiHowdy seeks such an injunction.

No Waiver. No waiver by NiHowdy or failure to exercise promptly any right of NiHowdy under this Privacy Policy will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.

Time for Claim. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY POLICY, MEMBERSHIP, OR ANY OTHER PLATFORMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Severability. If any provision of this Privacy Policy is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of this Privacy Policy will remain in full force and effect.

Pronoun Neutrality; Singular and Plural. Whenever the context may require, any pronoun used herein shall include the corresponding masculine, feminine or neuter forms, as applicable. Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa.

Electronic Communications. You consent to receive electronic communications from NiHowdy either in the form of email sent to you at the email address listed on your account or by other electronic communication means posted on any Platform. You acknowledge and agree that any electronic communication in the form of such email or posting on any Platform shall satisfy any legal requirement that such communication be in writing.