Privacy Policy

Have A Nice Day, Inc. (hereinafter, “HAND,” or “we” or “our”) owns and operates the Nice Day App mobile application (the “App”). We understand your concerns about privacy and your interest in knowing how your information is used and safeguarded, and we want to provide you with more information on these topics.  This privacy policy (the “Policy”) is intended to provide you with information regarding our policies, practices and procedures as they relate to information we collect through the App, including the types of personal information we collect on the App, how we may use that information and with whom we may share it. Please note that this Policy applies only to our information-gathering, processing and sharing practices through the App, and therefore it does not apply to any of the information (and related practices) that we may collect via other means, methods or channels – such as offline. If after reading the Policy you have additional questions or would like further information on this topic, please email us at [ hi@nicedayapp.com ]

Summary

The notifications provided by this Privacy Policy include:

1. What Information Does the App Collect, and How is it Used?

Personal Information: Please note we only collect personal information that you freely provide to us. The personal information that we collect depends on the context of your interactions with us and the services, the choices you make, and the and features you use. You can download the App to your mobile device without having to provide us with any personally identifying information. However, to access functionality of the App, you will need to register and then login to your account. If you register and create an account – and depending upon how you intend to use the App - you will be asked to provide some personally identifiable information, including, but not limited to your name, address, bank account information, SSN/EIN #, etc. For those who opt to use the App to fundraise on behalf of charities, additional information to verify your identity will also be requested. You will also be asked to provide a user name – please note that your user name will be publicly displayed when you use the App, so please don’t choose a user name that can identify you if you do not wish to be identified. In regard to the information that we collect when you register, we sometimes use this information to communicate with you, or as further described in this Policy.

Sensitive Information.

When necessary, with your consent or as otherwise permitted by applicable law, we may process sensitive information, including as noted above SSN?EIN #s. Non-Personally Identifiable Information: The App may collect certain non-personally identifiable information automatically from your use of the App and its functions in order to allow us to monitor and improve the user experience, and diagnose issues. This information does not reveal your specific identity (like your name or contact information) We may collect this information ourselves, or through third-party analytic services such as Google Analytics. A representative, non-exhaustive list of the types of non-personally identifiable information collected may include: the mobile network you are using, your internet protocol address, operating system, screen size and other default system operations. Additionally, we may use such technologies like cookies (small files stored by your mobile web browser or “webview”), beacons, or unique device identifiers to identify your mobile device, and we will collect information on your online activities. We may use this information internally to help us provide you with a more personalized user experience. We also track usage events in the App, and if you register then we may tie that usage with personally identifiable information (e.g., whether and to whom you may have shared your activities with); usage may also be linked to a particular mobile operating system, app version, and mobile device.  We do not resell or redistribute this information for commercial gain, and all of this information is stored in your account in a database that is hosted by HAND.

2. Does the Application Collect Precise, Real Time Location Information?

No, this App does not collect precise real-time location information of your mobile device.

3. Do Third Parties See and/or Have Access to Information Obtained by the App?

We may disclose all of the information (described herein) that we collect, as stated in this Policy, including in accordance with the terms set forth in this section. HAND works with a variety of third-party partners in order to allow us to make the App available to you, to host and store the information we collect from you, to process and disburse donations, and to provide certain functionality and features. For example, we have partnered with third parties to process payment transactions, which includes the managing of the routing of applicable customer information through the credit card processing networks - and as such we will share certain of your personally identifiable information with them. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. Other than as described in this Policy, we will not be providing third parties with access to information obtained by the App. When we do share your information with any such third parties, we will share such information pursuant to the obligations described in this Policy. Additionally, we may disclose both personally and non-personally identifiable information as follows:

- as required by law, such as to comply with a subpoena or similar legal process;

- when we believe in good faith that disclosure is necessary to protect HAND’s rights, protect your safety or the safety of others, investigate fraud, or to respond to a government request;

- with service providers who work on behalf of HAND, such as the HAND application developers and technical team. These service providers will be given access to such information only for the purposes related to the App, and will be asked to adhere to the rules set forth in this Policy;

- if we are involved in any type of organizational change, in which case you will be notified via email or prominent notice of any change of ownership, and you will also be informed of any choices you may have regarding the use of your information at that time;

- as noted above, if you decide to make a donation, your credit card information and other related information will be shared with our third party payment processors, and will be governed by the terms of the webpage that collects such information;

4. Advertising & Marketing.

The App will not be serving advertisements. However, the App may provide users with community updates and alerts based upon activities occurring within the App community.

5. Opt-Out Rights.

If you sign up for our email newsletter, you can opt out at any time by clicking on the link contained in each email. Additionally, you can stop us from collecting information via the App by uninstalling, deleting or otherwise removing the App from your mobile device. In such cases, any information that you have provided to us will be retained, and eventually deleted, in time, consistent with our standard data-retention policy, as further noted below.

6. Data Retention Policy; Deletion of the App; Managing Your Information.

We will retain any user-provided data for as long as you use the App and for a reasonable time thereafter. If you would at any time like to review or change the information in your account or terminate your account, you can:

Log in to your account settings and update your user account. Contact us using the contact information provided.

Additionally, you can stop us from collecting information via the App by uninstalling, deleting or otherwise removing the App from your mobile device. If you would like to request that we delete the personally identifiable information that you have provided to us via the App, please contact us at [ hi@nicedayapp.com ] and we will endeavor to respond to any commercially reasonable requests within a reasonable timeframe. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

7. Children.

The App is not intended for use by children, and we do not knowingly or intentionally solicit data from or market to children under the age of 13. Additionally, as specified in the Terms of Use, those individuals who are older than 13 years of age but less than 18 years of age are only permitted to use the App with parental/guardian consent and supervision. If you are a parent or guardian and become aware that your child has provided us information without your consent, please contact us at [ hi@nicedayapp.com ] to request that we delete such information. We will delete such information from our files within a reasonable amount of time from your request.

8. Security.

Your privacy is important to us, and we have put in place security systems designed to prevent unauthorized disclosure and use of your private information. In the case of any third-party providers, we have asked for similar assurances. The security systems in place are structured to deter and prevent hackers and others from accessing your information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that such information and communications will remain free from loss, misuse, or alteration by human error or third parties who, despite our security measures efforts, may obtain unauthorized access.

9. Changes.

We reserve the right to change, alter, replace, revise or otherwise modify this Policy at any time. The date of last modification is stated at the end of this Policy. It is your responsibility to check this page from time to time for updates. If we make any material changes to this Policy – as determined by us, in our sole discretion - then we will provide notice of such change via the App or will email you using the email you provided to us when you registered; your continued use of the App after such notice will indicate your acknowledgement and agreement with any and all such changes. This Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party.

10. Your Consent.

By using the App, you are consenting to our processing of your information and the collection of other information and data by the App, as further described in this Policy. You acknowledge that in regard to any third-party providers referenced in this Policy we exercise no control over their policies, procedure or practices, and we specifically disclaim any representations, warranties or assurances thereof. In regard to our vendors, however, we will endeavor to have these third-party providers agree to the terms of this Policy. We do not represent or warrant that the App, or any part thereof, are appropriate or available for use in any particular geographic location. If you choose to use the App, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. We reserve the right to limit the App’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. If you are using the App from outside the United States, please be aware that your information may be transferred to, stored or processed in the United States, where the App is hosted and where the database resides. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy as further detailed in this Policy. By using the App, you understand that your information may be transferred to those facilities and those third parties with whom we share it as described in this Policy.

11. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

12. Your rights

In order to meet certain State privacy rights that may apply to a specific user – including Virginia’s Consumer Data Protection Act, the California Consumer Privacy Act, the California Privacy Rights Act, and the Colorado Privacy Act - all visitors or users of this website have the following rights with regard to their personal information:

1. The right to access the personal information that we have collected about you.

2. The right to know whether your personal information is sold or disclosed and to whom.

3. The right to say no to the sale of your personal information.

4. The right to opt out of the sharing of your personal information.

5. The right to request that we delete all or some of the personal information that we have collected on you.

6. The right to ask us to transmit your personal information that we have collected on you to another provider (where technically feasible).

7. The right to request that we amend any of the information that we have collected about you.

8. The right to withdraw your consent to the processing of your data.

9. The right to request that we restrict the processing of your data.

10. The right to limit the use and disclosure of your sensitive personal information.

11. The right to receive the personal information that we hold about you in a portable and, to the extent feasible, a readily usable format that allows you to transmit this information to another entity.

Exercising your rights

You may exercise the rights specified above by submitting a consumer request to: [ hi@nicedayapp.com ] We will need to verify your identity prior to effectuating your request. To verify your identity, you will need to provide us with the following information with your request: 

Please note that we may be unable to process your request if you do not provide us with the above information.

We will respond to most consumer requests within 30 to 45 days of receipt, depending upon where you reside. However, some requests may take longer. We will notify you in writing if we need more time to respond. We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request, we will provide you with the reasons for such denial.

Normally, we do not charge a fee to process or respond to consumer requests. However, for residents of certain states or countries, we may charge a fee if the request is excessive, repetitive or manifestly unfounded.

13. Contact Us.

If you have any questions, comments or concerns regarding this Policy or our practices please feel free to write to us at hi@nicedayapp.com.

Privacy Policy Effective Date: 6.15.23