At Digital Nirvana, we are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit Digital Nirvana’s Web pages without telling us who you are or revealing any Personal Information about yourself.
If you choose to provide us with your Personal Information on the Web, we may transfer that Information within Digital Nirvana or to Digital Nirvana’s third-party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.
Cookies and Other Tracking Technologies
Some of our Web pages utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Web site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Web site.
To protect your privacy, we have adopted the following principles:
Where Digital Nirvana collects Personal Information on the web, we intend to post a purpose statement that explains why Personal Information will be collected and whether we plan to share such Personal Information outside of Digital Nirvana or those working on Digital Nirvana’s behalf. Digital Nirvana does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Digital Nirvana’s behalf unless such transfer is legally required.
You may choose whether or not to provide Personal Information to Digital Nirvana. The notice we intend to provide where Digital Nirvana collects Personal Information on the Web should help you to make this choice. If you choose not to provide the Personal Information we request, you can still visit most of Digital Nirvana’s Web sites, but you may be unable to access certain options, offers, and services that involve our interaction with you.
If you chose to have a relationship with Digital Nirvana, such as a contractual or other business relationship or partnership, we will naturally continue to contact you in connection with that business relationship.
Wherever your Personal Information may be held within Digital Nirvana or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure.
To the extent that you do provide us with Personal Information, Digital Nirvana wishes to maintain accurate Personal Information. Where we collect Personal Information from you on the Web, our goal is to provide a means of contacting Digital Nirvana should you need to update or correct that Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your Personal Information PrivacyPolicy@Digital-Nirvana.com and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.
Third Party Services
Third parties provide certain services available on Digital Nirvana.com on Digital Nirvana’s behalf. Digital Nirvana may provide information, including Personal Information, that Digital Nirvana collects on the Web to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which Digital Nirvana maintains its Web site and mailing lists. Digital Nirvana will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Digital Nirvana’s behalf.
Digital Nirvana does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Digital Nirvana’s behalf unless such transfer is legally required. Similarly, it is against Digital Nirvana’s policy to sell Personal Information collected online without consent.
Digital Nirvana.com is not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.
We are committed to privacy and, through our membership in the Online Privacy Alliance, are actively involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and Digital Nirvana’s Web sites are constantly evolving to meet these demands.
“Data Protection Legislation” shall mean:
the General Data Protection Regulation ((EU) 2016/679) (“GDPR”);
any implementing laws, regulations and secondary legislation under the GDPR (as amended or updated from time to time) applicable in England and Wales; and
any successor legislation to the GDPR applicable in England and Wales (as amended or updated from time to time).
The terms ‘data processor’, ‘data controller’, ‘data subject’, ‘personal data’, ‘process/processing’ in this Clause shall have, where applicable, the meanings given under Data Protection Legislation.
In performing our obligations and exercising our rights under this Agreement, we and you will comply with all applicable requirements of the Data Protection Legislation.
We and you acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we (Digital Nirvana) are data processors.
You will ensure that that any personal data provided by you to us is provided in compliance with your obligations under the Data Privacy Legislation and any contract.
In relation to any personal data you provide to us under or in connection with this Agreement, we will:
process that personal data only for the purposes of, and to the extent necessary for, the provision of the Online Service and Additional Services, or otherwise in accordance with your written instructions from time to time;
ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of the personal data and against the accidental loss or destruction of, or damage to, personal data. The nature and extent of such measures will be appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any such measures;
ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
assist you, at your cost, in responding to any request from a data subject and in meeting your obligations under the Data Protection Legislation in respect of the processing carried out under this Agreement;
notify you without undue delay on becoming aware of a personal data breach;
at your written direction, delete or return personal data and copies thereof to you on termination of this Agreement unless we are otherwise required by applicable law to store the personal data; and
maintain sufficient records and information to demonstrate our compliance with this Clause.
You consent to us transferring any personal data outside of the European Economic Area as long as the following conditions are fulfilled:
we comply with our obligations under the Data Protection Legislation and provide an adequate level of protection to any personal data that is transferred;
you and/or we have provided appropriate safeguards in relation to the transfer;
the data subject has enforceable rights and effective legal remedies; and
we comply with your reasonable written instructions notified to us in advance with respect to the processing of the personal data.
You consent to us appointing third-party processors of personal data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor(s) into a written agreement incorporating terms which are substantially similar to those set out in this Clause. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor(s) appointed by us pursuant to this clause. When we intend to add or replace third-party processors, we will notify you of this in advance.