1. Purpose and Scope

Nukleus Co, LLC and its affiliates, subsidiaries, and related entities (“Company,” “we,” “us,” or “our”) respect your privacy. This Privacy Policy (“Policy”) explains how we collect, use, store, or otherwise process personal information about customers and other individuals (collectively, “you”) who access or use our websites (including www.nukleus.co), products, or services that link to this Policy (collectively, the “Sites”), or who otherwise interact with us in connection with our Sites. As used in this Policy, “Customer” means a business, organization, or individual that registers for an account with us to use our products or services. By using our Sites, you understand that we will collect and use your personal information as described in this Policy.

In some cases, we may process personal information on behalf of a Customer or other third party pursuant to an agreement between us and that organization. In those circumstances, the relevant Customer or third party may be responsible for determining how personal information is processed, and the terms of that agreement may govern how we process your personal information. If you believe a third party has asked us to process your personal information on their behalf, please consult with them in the first instance.

This Policy does not apply to third-party websites, applications, services, or platforms that we do not own or control, even if they are linked to or accessible through the Sites. We encourage you to review the privacy policies of those third parties before providing them with personal information.

2. Personal Information We Collect

You have choices about whether you visit or use our Sites or provide personal information to us. However, if you do not provide us with certain personal information, you may not be able to use some functionalities of our Sites. We may collect personal information directly from you, automatically when you use our Sites, from third parties, and from Customers or other users who provide information about you.

We do not knowingly collect sensitive personal information such as precise geolocation data, personal health information, social security numbers, or other information frequently deemed sensitive personal information under applicable data protection laws. Where a user is required to go through an identity verification process via our third-party provider, ClientLoop, we do not receive or store the user’s social security number.

2.1. Personal Information You Provide to Us

You may provide personal information to us when you:

• Create or edit an account or user profile;

• Use, access, or interact with the Sites;

• Complete forms or submit information through our website or applications;

• Contact customer support or communicate with us;

• Subscribe to newsletters, marketing communications, webinars, events, or other programs;

• Post reviews, comments or content, or engage with interactive features;

• Apply for a job or otherwise interact with us in a business capacity.

Depending on how you interact with us, the personal information you provide may include:

• Identifiers and Contact Information. This may include your name, title, email address, mailing address, and phone number.

• Account Information. This includes login credentials, profile information, preferences, and account settings.

• Commercial Information. This includes transaction history, products or services purchased, and subscription information.

• Payment Information. This includes billing address, payment method details, and financial amounts such as totals, fees, taxes, payout, and payment status.

• Customer Service and Communications Information. This includes questions, feedback, support requests, and other communications with us or through the Sites.

• Professional or Business Information. This includes company name, client information, current business tools, and business contact details.

• User Content. This includes any other content you and other users provide through the Sites, including social media profiles, calendar events, announcements, tasks, prospective clients, project information, and other content.

2.2. Personal Information We Collect Automatically

We may automatically collect personal information from you and your devices when you interact with our Sites, including when you visit our website. This may include:

• Device Information. This includes IP address, device identifiers, browser type, operating system, device type, language settings, and mobile network information.

• Usage Information. This includes pages viewed, features used, links clicked, referring and exit pages, search terms, time spent on pages, access times, error logs, and other information about how you interact with our Sites.

We and our service providers may collect some of this information using cookies. For more information, see Section 6 — Cookies and Similar Technologies.

2.3. Personal Information We Collect from Other Sources

Subject to applicable law, we may collect personal information about you from other sources. The other sources from which we may collect your personal information include:

• Our Customers and Other Users. Customers and users may give us your personal information. For example, our Customers may share information about their clients and projects on the Sites. Additionally, if a Customer invites you to create an account or receive a promotion, they will give us your email address and name. 
  
  

• Third-Party Sites. If you use integration features, such as plugins, widgets, or other tools made available by third-party platforms or networks (such as Google Drive, Box, and DropBox) in connection with our Sites, we collect personal information that such third parties disclose to us, which may include, but is not limited to, your name, email address, and profile photo. We may also receive personal information from other third-party service providers that you interact with via the Sites or links included through the Sites. This includes, but is not limited to, Stripe, Documenso, and ClientLoop. With respect to Stripe, we do not receive or store your complete card number. We are not responsible for the privacy practices of any third parties. For more information about the privacy practices of such third parties, please review their respective privacy policies.
  
  

• Combining Personal Information from Different Sources. We may combine the personal information we receive from other sources with personal information we collect from you (or your device) and use it as described in this Policy.

If you provide us with any personal information relating to other individuals, you represent that you have the authority to do so, and where required, have obtained their necessary consent(s) to share their personal information with us for processing.

2.4. Personal Information Processed on Behalf of Customers

We process and store certain personal information on behalf of our Customers as a data processor. For example, a Customer may provide employee information, client/athlete information, project information, payment information, contracts, and other documents, either manually or by uploading data and documents directly to the platform. This includes personal information that is shared with us by Third-Party Sites, as described in Section 2.3 above.

In those cases, we generally process personal information according to the Customer’s instructions and pursuant to our agreement with that Customer. If you have questions about personal information processed on behalf of one of our Customers, including requests to exercise privacy rights, you should contact the Customer directly. If we receive any rights requests concerning instances where we act as a data processor, we will forward your query on to the relevant Customer.

3. How We Use Personal Information

In general, and subject to applicable law, we will use your personal information to provide, maintain, secure, improve and support our Sites, develop new Sites, and market our products. Please see the Section 3.2 below entitled “Purposes for Processing Personal Information,” which provides more specific information on these purposes, examples of the types of information processed for these purposes, and the lawful bases (i.e., legal grounds) on which we rely to process it.

3.1. Lawful Basis for Processing Your Personal Information

If applicable data protection law requires a lawful basis for processing, and where we act as a data controller, our lawful basis for collecting and using the personal information described in this Policy will depend on the type of personal information concerned and the specific context in which we collect or use it.

We normally collect or use personal information only where we need the personal information to perform a contract with you or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may have a legal obligation to collect or retain personal information or may need the personal information to protect your vital interests or those of another person. In certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information.  

Note that in situations where we act as a data processor, it is our Customer who determines the appropriate legal basis associated with processing activities, and queries about the applicable lawful basis should be directed to them.

3.2. Purposes for Processing Personal Information

The table below provides more specific information on our purposes, the types of information that may be processed, and the legal bases on which we process it. The information provided in the table below are examples and not exhaustive. 

Depending on the jurisdiction in which you live, there may be other applicable lawful bases for processing your personal information that are not listed here. If you have questions about our lawful bases or need further information, please contact us using the contact details provided in Section 13 of this Policy.

Purpose

• Provide you with and collect payment for the products you request

Examples of personal information that may be processed

• Identifiers and Contact Information

• Account Information

• Commercial Information 

• Payment Information

• Customer Service and Communications Information

• Usage Information 

Lawful basis for processing

• Contract

Purpose

• Create your account and manage your relationship with us (e.g., communicating with you, providing you with requested information)

Examples of personal information that may be processed

• Identifiers and Contact Information

• Account Information

• Customer Service and Communications Information

Lawful basis for processing

• Contract

• Legitimate interests (to operate, provide and improve the Sites; or to communicate with you, where our communications are not necessary to perform or enter into a contract with you).

Purpose

• Providing customer support and resolving disputes

Examples of personal information that may be processed

• Identifiers and Contact Information

• Account Information

• Commercial Information

• Payment Information 

• Customer Service and Communications Information

• Device Information

• Usage Information

Lawful basis for processing

• Legitimate interests (to operate, provide and improve the Sites; and to communicate with you).

Purpose

• Maintain security of the Sites, prevent, investigate, and respond to fraud, unauthorized access to or use of our Sites, breaches of terms and policies, or other wrongful behavior

Examples of personal information that may be processed

• Identifiers and Contact Information

• Account Information

• Commercial Information

• Payment Information 

• Customer Service and Communications Information

• Device Information

• Usage Information

Lawful basis for processing

• Contract

• Legitimate interests (to operate, provide and improve the Sites; to detect or prevent illegal activities; and/or to manage the security of our IT infrastructure and the Sites, and the security of our employees, customers, and vendors).

Purpose

• Analyze, improve, and enhance the Sites 

Examples of personal information that may be processed

• Commercial Information

• Customer Service and Communications Information

• Device Information

• Usage Information

Lawful basis for processing

• Contract

• Legitimate interests (to operate, provide and improve the Sites; and use insights to research and develop new products and services).

Purpose

• Send you information about our features, products, or services

Examples of personal information that may be processed

• Identifiers and Contact Information

• Professional or Business Information

Lawful basis for processing

• Consent (where required under applicable law)

• Legitimate interests (to improve our business; to promote our products and services; and to develop marketing activities)

Purpose

• Comply with legal and regulatory obligations to which we are subject

Examples of personal information that may be processed

• Identifiers and Contact Information

• Account Information

• Commercial Information

• Payment Information

• Customer Service and Communications Information

• Device Information

• Usage Information

Lawful basis for processing

• Legal obligation

Purpose

• Protect our legal rights, for example to establish, exercise, or defend our rights in legal claims

Examples of personal information that may be processed

• Any information relevant or potentially relevant to a dispute or legal proceeding affecting us.

Lawful basis for processing

• Legitimate interests (to protect our business interests)

3.3. De-identified Data

We may aggregate the personal information we collect or remove pieces of personal information (“de-identify”) to limit or prevent identification of any particular user or device for the purposes of marketing, research and product development. Where such information has been de-identified so that it is no longer considered personal information under applicable data protection laws, this Policy does not apply.

4. How We Disclose Personal Information

Subject to applicable law, including to the extent applicable law requires us to obtain consent, we may disclose personal information as follows:

• Service Providers. We may disclose personal information to service providers, vendors, contractors, and other third parties that help us operate our business and provide our products and services. These may include providers of hosting, cloud infrastructure, analytics, customer support, signature collections, invoice payment processing, authentication, security, fraud prevention, marketing, communications, advertising, and professional services. 
  
  

• Affiliates. We may disclose personal information to our affiliates, subsidiaries, parent companies, and entities under common ownership or control, for purposes consistent with this Policy.
  
  

• Other Users and Transaction Participants. When you use our Sites to share documents, send communications, complete transactions, or collaborate with others, we may disclose relevant information to other users, account administrators, or participants.
  
  

• Your Organization or Account Administrator. If you use the Sites through an account provided by your employer, organization, or another entity, that organization or its administrators may be able to access, manage, or control certain information associated with your account, including account activity, profile information, and content associated with the organization’s account.
  
  

• Corporate Transactions. We may disclose or transfer personal information in connection with an actual or proposed merger, acquisition, financing, reorganization, bankruptcy, sale of assets, joint venture, assignment, or other corporate transaction involving all or part of our business.
  
  

• With Consent or at Your Direction. We may disclose personal information with your consent or at your direction, including when you authorize integrations, request disclosures, post public content, make your profile publicly available, or otherwise direct us to share information.
  
  

• Payment Processors. We utilize Stripe to facilitate payment processing. Stripe collects and processes personal information in accordance with its own privacy policy, which can be found at: https://stripe.com/privacy.
  
  

• As Required By Law and Similar Disclosures. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order, subpoena or other legal process; detect and investigate security incidents and potentially illegal or prohibited activities; or protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any content on or through the Sites in violation of the Terms of Service.

5. Retention of Personal Information

We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain personal information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. 

The length of time we retain personal information may depend on factors such as:

• The nature of the information;

• The purposes for which it was collected or processed;

• Whether we need the information to provide our products and services;

• Legal, tax, accounting, regulatory, or compliance requirements;

• Contractual obligations;

• Dispute resolution, security, fraud prevention, or enforcement needs;

• Backup, archival, or technical limitations.

When personal information is no longer needed, we will delete, de-identify, anonymize, or otherwise handle it in accordance with applicable law.

6. Cookies and Similar Technologies

We use cookies and other similar tracking technologies (collectively, “Cookies”) when you interact with our Sites and email communications. This section explains what Cookies are and how we use them. 

Cookies are small text files that are automatically downloaded to your browser or device when you visit a webpage. Cookies can perform a variety of functions, including recognizing you when you return to the Sites, letting you navigate between webpages efficiently, remembering your preferences, enabling certain features of the Sites, securing the Sites, helping us understand and analyze how you use the Sites, and generally helping us improve your experience of the Sites. Other uses of Cookies include: 

• Remembering your preferences;

• Recording visits and actions taken on the Sites;

• Recording interactions with emails;

• Analyzing Sites usage and performance;

• Improving Sites functionality;

• Detecting fraud or misuse.

We may use Google Analytics to monitor and analyze the use of our Sites. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of Google Analytics by installing the Google Analytics opt-out browser add-on. For more information on the privacy practices of Google, please visit the Google privacy web page: https://policies.google.com/privacy.

7. Your Choices

This section describes many of the actions you can take to change or limit the collection, use, storage, or other processing of your personal information.

• Account and Profile Information. If you have an account, you may be able to access, update, correct, or delete certain account or profile information through your account settings.
  
  

• Marketing Communications. You may opt out of marketing emails by clicking on the “unsubscribe” link in the email message. Even if you opt out of marketing communications, we may still send transactional, service-related, legal, security, or administrative messages.
  
  

• Text Messages. If you opt in to text messaging via the Sites, we may text you in connection with your use of the Sites. You may opt out of text messages by replying STOP to any text message you receive from us or by removing a phone number from your account.
  
  

• Cookies and Similar Technologies. Depending on the particular browser you use to access our Sites, you may be able to configure your browser or device to refuse some or all Cookies or notify you when a Cookie is being set. You may also be able to remove Cookies that are on your browser or device. If you disable cookies, your ability to use some features of the Sites may be limited. For more information, please follow the instructions from your browser.
  
  

• Closing Your Account. If you wish to close your account, you may do so through your account settings or by contacting us. If we receive an account deletion request, we will use commercially reasonable efforts to delete your personal information within 30 days of your account deletion request, although we cannot guarantee that deletion will always occur within this timeframe. However, if we are legally required or permitted to retain certain information, we may retain certain of your personal information in accordance with applicable law.
  
  

• Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

8. Your Privacy Rights 

8.1. State-Specific Rights

You may have certain rights related to your personal information, subject to local data protection laws, as described in more detail below. The exact scope of these rights may vary by state. To exercise any of these rights applicable to you, please contact us at support@nukleus.co. We will not discriminate against you for exercising your rights under applicable state privacy laws.

• Access Information. You may be able to request information regarding how we collect and use your personal information and why; the categories of personal information involved; the categories of recipients of your personal information; how we received your personal information and its source; our business purpose for using your personal information; and how long we use or store your personal information or the manner in which we determine relevant retention periods. 
  
  

• Correct Information. You may have a right to correct inaccurate personal information about you, and you should notify us immediately if you believe the personal information we hold about you is inaccurate, incomplete, or out-of-date.
  
  

• Delete or Export Information. You may have a right to request that we erase or stop using your personal information or export your personal information to another controller. 
  
  

• Withdraw Consent. Where we rely on your consent to process your personal information, you have the right to decline consent and/or, if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent.

Depending on applicable law, you may have the right to appeal our decision to deny your request. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.

8.2. Identity Verification; Agent

For us to process some requests, we will need to verify your identity to confirm that the request came from you. We may contact you by phone or e-mail to verify your request. Depending on your request, we will ask for information such as your name, an e-mail address that you have used with us, a phone number you have used with us, or other information to help us verify your identity. You may authorize an agent to make a request to us on your behalf, and we will verify the identity of your agent or authorized legal representative either by seeking confirmation from you or obtaining documents that establish the agent’s authorization to act on your behalf.

8.3. Exempt Information

Certain personal information may be exempt from such requests under applicable law. We need certain types of personal information so that we can provide the Sites to you. If you ask us to delete certain personal information, you may no longer be able to access or use our Sites or certain features of our Sites.

9. Storage and Transfer of Personal Information

Our Sites are hosted in the United States. If you choose to use the Sites from outside the United States with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing.

We may transfer your personal information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Sites. By providing any information, including personal information, on or to the Sites, you consent to such transfer, storage, and processing.

10. Children’s Privacy

The Sites are not specifically directed at or intended for children under the age of 18, and we do not knowingly collect personal information from anyone under 18. If you are under the age of 18, please do not use our Sites or send us your personal information. If you believe that we may have personal information of a child under the age of 18, please contact us using the contact information provided in Section 13 so that, if necessary, we can remove the applicable information from our system.

11. How We Protect Personal Information

We use appropriate technical, administrative, organizational, and physical safeguards designed to protect personal information against unauthorized access, disclosure, destruction, or misuse. However, no security measure is impenetrable, and we cannot guarantee the absolute security of personal information. When you register an account with us, we encourage you to choose passwords of sufficient length and complexity and not used to access any other site or services, install the latest security updates and anti-virus software on your computer/device to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or if you have reason to believe that your information is no longer secure, please contact us using the contact information provided in Section 13 below.

12. Changes to This Privacy Policy

We will post any adjustments to this Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Sites, we may notify you through the Sites, by email, or other communication. If you use the Sites after any changes to this Policy have been posted, that means you agree to all of the changes.

13. Contact Us

If you have questions, complaints, or requests regarding this Policy or our privacy practices, please contact us at:

Nukleus Co, LLC

support@nukleus.co