Privacy Policy

Welcome to the website of NIKU Neuro AG, located at niku-neuro.com and the NIKU app available at the App store (hereinafter “We”, “Us”, “Our”,”NIKU”).  Our goal at NIKU is to help you turn Your wishes into reality.  We thank You (any visitor to Our web site and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.

The following policy explains how information about You is used and protected.  As stated in Our Terms of Service, Our Privacy Policy forms part of Your legal agreement with Us.  Your agreement with this policy that You clicked, signifies that You agree with all terms of this Policy.  Please do not use this Site if You disagree with any part of our Privacy Policy.

We want to assure all of Our customers that whenever information is used, it is done with discretion.  The safeguarding of customer information is an issue we take seriously at NIKU.  To affirm our continuing commitment to the proper use of customer information, we have set forth the following Privacy Policy.

INFORMATION COLLECTED

Non-Personal Information

When You use our web site, Our servers may automatically collect certain Non-Personal Information such as: Your operating system or Your browser type.

Our Use of Cookies

We may use Cookies to store or retrieve information.  Cookies are a small piece of text stored on Your browser which may allow Us to identify You upon return to the web site or to remember specific information such as Your display options.  Cookies are neither a virus nor spy-ware.  You hereby authorize the use of cookies by Us.

Personal Information Collected

The Personal Information We may collect and store is the information that You voluntarily disclose to Us, including but not limited to; any information that identifies, relates to, describes, or is capable of being associated with, a particular individual.

Whether or not You submit the following information to us, “Personal information” shall mean any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person; including but not limited to:

  1. Name or alias, address, IP address, email, account name, and other identifiers such as social security, driver’s license, or passport number; or
  2. Any information that identifies, relates to, describes, or is capable of being associated with, a particular Individual, including, but not limited to, signature, physical characteristics, education, employment or employment history, and financial, medical or health insurance information, as well as the following numbers: telephone, Insurance policy, bank account, credit card, and debit card; or
  3. Characteristics of protected classifications under state or federal law; or
  4. Commercial information, such as records of personal property, products or services purchased or considered, and purchasing histories or tendencies; or
  5. Biometric information, meaning physiological, biological, or behavioral characteristics, including DNA, sufficient to establish identity, such as images of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings capable of producing an identifier template, as well as keystroke and gait patterns or sleep, health, or exercise data that contain identifying information; or
  6. Internet or other network activity such as browsing history or interactions with websites, apps, or ads; or
  7. Geolocation data; or
  8. Audio, electronic, visual, thermal, olfactory, or similar information; or
  9. Professional or employment-related information; or
  10. Education information including the name or address of a student or family members, student number, date or place of birth, mother’s maiden name, handwriting, or other information that could identify a student with reasonable certainty; or
  11. Inferences drawn from any of the above information to create a consumer profile.

Information You Voluntarily Disclose to Us While Using the App Processes.

We make a conscious effort to separate the Personal Information that you disclose for the purpose of the website and App’s functionality and the information you supply while using the App’s process to evaluate your needs with the help of different scenarios and short stories.

When you use Our App and navigate through the different processes (e.g. going from process 1 to process 2) You may have disclosed Personal Information in the process.  This particular Personal Information is not stored by Us nor shared with any 3rd party directly or through cookies.

Third Party Information

Our Web site may contain links or display advertising from third parties.  Non-Personal and Personal Information You voluntarily provide to third parties through links on Our web site may be shared with Us by Our advertisers and other third parties.  In addition, We may receive Personal Information from co-registration partners when You have voluntary agreed to allow a third party to share their data.  We have no control over the privacy practices of these third parties.  Please be sure to read and accept the Privacy Policy on any web site You visit.

No Information Collected from Children

We do not intentionally collect Personal Information from children who are younger than age 18.

STORAGE AND SECURITY OF PERSONAL INFORMATION

 Information Storage

NIKU has designated a Data Protection Officer for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes; protect Your personal data using appropriate security measures; notify authorities of personal data breaches; obtain appropriate consents for processing data; keep records detailing data processing; train privacy personnel and employees, and to audit and update Our Privacy Policies.  If You have any questions about Your Privacy Rights and Our Privacy Policy please feel free to contact Our Data Protection Officer by email to info@niku.de.

We store Your Personal Information on Our computers, and We believe We have reasonable security measures in place including administrative, technical and physical safeguards that are appropriate for the size and complexity of Our business to protect Your Personal Information including encryption of any personally identifying information.  However, We cannot guarantee that Our security measures will prevent Our computers from being accessed without authorization and Your Personal Information stored on them stolen, deleted or changed.  We assume no responsibility for such unauthorized actions.

Currently, all data is stored on a private server leased from OVH and stored in their server room located in France.  Physical access to the server is subject to the strict guidelines described in OVH’s privacy policy.

User data is sent via an encrypted HTTPS connection and access to data requires authentication by login and password.

Personal data such as name or surname and data concerning very private information such as childhood description, desires or trauma are stored in separated database tables. This data cannot be accessed without confirmation of user identity with a login and password.

Data Breach Notification

For any unencrypted data that We maintain that includes Personal Information, We will notify You of any unencrypted Personal Information that was, or is reasonably believed to have been, acquired by an unauthorized person. In the unlikely event that we do have a data breach we will be contacting Your state’s office of the Attorney General to report the breach and follow their instructions concerning communication with You and the repair that is required.

DISPOSAL OF CUSTOMER RECORDS

When the time comes to dispose of Customer Records; We will shred, erase or otherwise modify the personal information when disposing of Customer Records under Our control.

HOW WE USE YOUR INFORMATION

We may use Your Personal Information for any legal purpose in Our sole discretion, including but not limited to; membership, registration, log-in, or order fulfillment purposes.  We may also use Your Personal Information to contact You by phone, U.S. mail or email.

DISSEMINATION OF INDIVIDUAL INFORMATION

We may transfer Personal Information to third parties for order fulfillment, to respond to Legal Processes or governmental requests for information, or for any other legal purpose.

DO NOT TRACK REQUESTS

While Your browser may contain a “do not track” signal or other mechanism that provides You the ability to exercise choice regarding the collection of personally identifiable information or about Your Internet activities over time and across third-party sites or online services, Our systems are not set up to accommodate Your browser’s request.

PRIVACY POLICY REGULATIONS FOR RESIDENTS OF THE EUROPEAN UNION UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

We are pleased to have customers who are residents of the European Union countries and Great Britain.  If You are a resident of the European Union or Great Britain, We have initiated the following rules just for You in accordance with the General Data Protection Regulation (GDPR).

It is Our intent to provide this information to You in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

You understand and agree that You are still responsible to follow the Privacy Policy of Our site as stated above.  However, if there is any conflict between Our Privacy Policy and the GDPR then the GDPR regulations shall apply, and You have the right to have Your requests under the GDPR be processed without undue delay, and the right not to be subject to a decision based solely on automated processing, including profiling.

Our company is a data controller.  We have designated a Data Protection Officer for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes, protect Your personal data using appropriate security measures, notify authorities of personal data breaches, obtain appropriate consents for processing data, ensure proper response to Your GDPR requests, keep records detailing data processing, train privacy personnel and employees, and to audit and update Our Privacy Policies.  If You have any questions about Your Privacy Rights under the GDPR and Our Privacy Policy please feel free to contact Our Data Protection Officer by email to info@niku.de.

Your Personal Data is being collected when required for the functionality of Our site; as well as for the purpose of fulfilling Your order and processing Your payment.  Shipping and payment processing may be provided by a third party to whom We will provide Your data for this purpose.

Your data will be kept in Our files for approximately two years from the time You last logged into Our site.

You have the right to request access to Your data stored by Us and to have incomplete personal data completed, including by means of providing a supplementary statement. taking into account the purposes of the processing.  Should you elect to exercise this right we will update your changes with any third parties to whom we have shared your data.

You have the right to the rectification or erasure of Your personal data stored by Us or the restriction of processing concerning Your data.  Should you elect to exercise this right we will update your changes with any third parties to whom we have shared your data.

You have a right to data portability and to have the personal data which You have provided to Us forwarded directly to another controller where technically feasible.

You may also lodge a complaint with Your country’s supervisory authority if You believe Your rights are not being properly handled under the GDPR.  You also have the right to know from which source the personal data originated, and if applicable, whether it came from publicly accessible sources.

SPECIAL INFORMATION FOR NEVADA RESIDENTS

 If you are a resident of the state of Nevada and a customer of Ours, You have the right to opt out of any “sale” of Your Personal Information.  Simply write us an email to info@niku.de and we will remove your Personal Information with-in 60 days and confirm this removal to You before any sale of Personal Information is made.

PRIVACY POLICY UPDATES FOR OUR ENTIRE COMPANY

This Privacy Policy is effective as of January 1, 2020.. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Privacy Policy by a posting at the top of this page.