This Privacy Policy and Notice (we refer to it as our “Privacy Notice”) describes how Nicwell Brand and its subsidiaries (“Nicwell” or “we” or “us” ) collect, use, share, retain, and protect information about you that we receive when you (1) visit Nicwell official website www.nicwellonline.com (2) communicate with us or the website via chat, email, text message, and other electronic messages; (3) interact with our advertisements or applications on third-party website and services; and, (4) interact with us offline, such as on the telephone, in writing, or in-person, including at trade shows and other events. We adopt this Privacy Notice to fulfill our commitment to you and comply with legal obligations as we process personal information, described below, to fulfill our service commitment to you.

 

This Privacy Notice does not apply to information collected or used by any third party or affiliate, including those that may link to or can be accessible via the website. Please review their policies. Nicwell is not responsible for the content or the privacy policies or practices of third-party, their website, or their apps.

 

Before accessing, using, or interacting with the website you should carefully review this Privacy Notice which are incorporated by reference and govern use of the website. We may change our Privacy Notice and Terms of Service from time to time and encourage you to review them whenever you interact with us.

 

User Consent: By choosing to interact with Nicwell, including through our website, advertisements, applications, contests, products, service, and events, and by communicating with us via email, chat, telephone, or in person, you consent to the collection and use of information as described in this Privacy Notice and you represent that you are at least 16 years old. If you are under the age of 16 or you do not consent to the collection, use and/or disclosure of your personal information as set forth in this Privacy Notice, please exit and do not use our website or other service.

 

California Users:

 

1 For California Residents, we adopt this Notice, in part, to comply with our obligations under the California Consumer Privacy Act of 2018 (“CCPA”). The portions of this Notice that specifically reference “California Residents” or describe rights created by the CCPA, apply solely to visitors, users, and others who are consumers residing in the State of California as defined by the CCPA and in Section 17014 of Title 18 of the California Code of Regulations. For California Residents, any terms defined in the CCPA have the same meaning when used in this Notice.

 

What Personal Information Does Nicwell Collect?

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We collect and store information that you give us directly. For example, when you:

• Register an account, we may collect your full name, email, username, address, phone. number.

• Register a product, we may collect your name, address, email, product name, model number, order number, purchase date.

• Request product support, we may collect your name, email, phone number, mailing address and any other information you choose to provide to us regarding your request.

• Enter or sign-up for a sweepstakes or contest, we may collect your name, email, address, birthday, telephone, and any additional information that you provide (i.e., pictures or videos).

• Email us, sign up for notifications, subscribe to our newsletters or mailing lists, we may collect your name, email, phone number, and address.

• Enroll in the Nicwell Ambassador Program, we may collect your name, email, telephone number, state, professional license number, and state of licensure.

• Attend a tradeshow, we may collect your name, email, address, telephone number, employment information, and information regarding your preferences to serve you better

We also receive and store certain types of information automatically when you interact with us online or with the website. For example, we use:

• Cookies2, web beacons3, links, and other tracking technologies to gather Information regarding your use and interaction with the website, our email correspondence, third party services, client applications, and certain other online activities (including sites you visit, your browser type, operating system, and interactions with our content and emails)

• Third Parties, who manage our advertising on other sites, provide us information regarding your browsing activities and interests

2 "Cookies" are small bits of information that are stored on your hard drive or in connection with your Internet browser. Cookies remember information about your activities on the site and provide a customized experience when you visit our website. If you've chosen to disable cookies on your browser, some of the functionality of our website may be lost. Certain of our web page, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.

3 “Web beacons” are small images embedded into website or emails that send information about your computer, tablet, phone, or other device when you visit our website or open an email we send to you

4 A unique identifier is an automatically assigned string of characters that can be used to uniquely identify a browser, app, or device. Different identifiers vary in how permanent they are, whether they can be reset by users, and how they can be accessed.

• Unique Identifiers (such as a universally unique identifier or “UUID”)4

• Data and Mobile Analytics to collect information about your website usage, performance data, app errors, and debugging information from where the website were downloaded

• Log File Information to learn your IP address, browser type, access times, domain names, operating system, the referring web page(s), pages visited, location, mobile carrier, device information (including IDs), search terms, and cookie information

 

How Does Nicwell Use Information About Me?

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Nicwell may use and process information about you for one or more of our legitimate business purposes. For example, Nicwell (and/or our Service Providers) may use your information to:

• Fulfill or meet the reason your information was collected or provided

• Deliver communications, information or services, and promotions

• Provide support to you and other users

• Present, optimize, and maintain the security of our website and their contents

• Register, maintain, and provide notifications to you about your website Account

• Detect and prevent fraud or other crimes

• Respond to law enforcement requests and as required by applicable law or court order

• Research, test, analyze, and develop our products, website, and services

• Fulfill orders (i.e. taking payment, providing updates, shipping, and managing any issues, including but not limited to refunds and returns)

• Allow you to participate in interactive features on our website

• Personalize your website experience and to deliver content, product and service offerings relevant to your interests, including targeted offers through our website, third-party sites, and via email or text message (with your consent, where required by law)

 

Does Nicwell Share the Information It Receives About Me?

Nicwell does not and will not sell your personal information. We may share information about you, including personal information, with subsidiaries who are subject to this Privacy Notice or follow practices at least as protective as those described here, or with Service Providers with whom we have entered into contracts that require personal information be kept confidential and prohibit the retention, use, or disclosure of personal information for any purpose other than the services specified. Nicwell does not share or disclose information for commercial purposes without your consent, except as described below:

 

• Within the Nicwell team: We may share personal information internally within Nicwell and with our subsidiaries and affiliates. Nicwell’s personnel may have access to personal information as needed to provide and operate the website in the normal course of business

• Service Providers: We employ other companies and individuals to perform functions on our behalf, including fulfilling orders, delivering packages, sending mail, analyzing data (such as Google Analytics), providing marketing assessments, providing analytics information, processing payments, providing data hosting (as specified below). They have access to personal information needed to perform their functions, but not for other purposes.

• Business Transfers: If we purchase other businesses or their assets, sell our business assets, or are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information, including any category of personal data collected by Nicwell, may be among assets sold or transferred and may be subsequently used by a third-party.

• Lawful Requests and Safety: We release personal information when we believe it is appropriate to comply with the law, it is necessary to protect our interests, to prevent fraud or other illegal activity, and to protect the safety of any person. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

• Business and Marketing Partners: We may disclose de-identified, aggregated, non-personal data received from providing the website with certain trusted business partners, without restriction. Nicwell does not share non-aggregated information or information that has not been de-identified with third-party business partners.

 

What Choices Do I Have?

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Nicwell seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all the rights discussed herein will apply to everyone and, depending upon your jurisdiction, may not apply to you. For example, the CCPA provides California Residents the right, under certain circumstances, to request that Nicwell disclose or delete their personal information.

 

We welcome you to contact us at support@nicwellonline.com regarding how we communicate with you and the information we have collected about you, including how we use that data, the nature and accuracy of that data, to request an update, modification, or deletion, or to opt-out of certain uses. Under certain circumstances, you may also request to withdraw consent previously provided. We will endeavor to accommodate your request to the extent feasible and where required by law.

 

Communications from Nicwell

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Users may opt-out or object to receiving certain communications from Nicwell by following the unsubscribe process described in our communications, changing your account settings, or by contacting us via the contact information provided below. Please note that such requests may take some time to fulfill and that certain product and Website-related communications, including but not limited to account verification, changes or updates to features of the website, or technical and security notices are non-optional.

 

Advertising

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You may opt out of online ads by contacting us at support@nicwellonline.com You also may limit certain tracking by disabling cookies in your web browser. Where we use your data for direct marketing purposes, you can always object by following the unsubscribe process in such communications or changing your account settings.

 

Do Not Track

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Nicwell does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including personal data, about your online activities over time and across different website or online services when you use website.

 

Accessing, Modifying, or Deleting Information About Me

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If you would like to access personal information about you, you may make a request at support@nicwellonline.com You may also request to restrict or limit how we: use such information; its deletion; or, even, ask for information in an easily accessible format. However, if you do so, certain features, including but not limited to access to the website, may no longer be available. Please note that requests to delete your information do not necessarily ensure complete or comprehensive removal of that content or information because removed information may persist in backup copies indefinitely.

 

Children’s Personal Information & Safety

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Despite Nicwell’s safety and privacy controls, we cannot guarantee the website are entirely free of illegal, offensive, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the website. You can help Nicwell by notifying us of any unwelcome contact by using the information below to get in touch with us.

 

Children under the age of sixteen (16) may not use or provide information on our website. We will delete, immediately, any information from or about a child under the age of sixteen (16). Please notify us at support@nicwellonline.com if we might have collected data from or about a child under the age of sixteen (16).

 

Changes to Our Privacy Notice

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Nicwell may modify this Privacy Notice from time to time. We will notify you of material changes to this policy by posting a notice at the website or by emailing you at an email address associated with your website Account.

 

Contact for More Information

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Should you have any comments or questions about how we collect and use your personal information, communication can be directed to our email at support@nicwellonline.com or submit a contact form to reach us.

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Term of Use

 

THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) ARE LEGALLY BINDING AND GOVERN THE AGREEMENT BETWEEN YOU AND NICWELL (“we”, “us”, “our”) THAT YOU FORM BY ACCESSING ANY AREA OF WWW.NICWELLONLINE.COM OR ANY AREAS OF SITES THAT LINK TO THESE TERMS OF USE (“Site”). YOUR CONTINUED ACCESS OR USE OF THE SITE FOLLOWING CHANGES TO THESE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO OUR TERMS OF USE. THE TERMS OF USE INCLUDE PROVISIONS FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF OUR SERVICES, OR THESE TERMS OF USE, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER. BY ACCESSING THE SITE, YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.

 

1. ACCESSING AND USING OUR SITE.

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We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

 

If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are personal to you and you must not provide any other person with access to this Site or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Our Site is intended for personal, non-commercial use and you are prohibited from exploiting it in connection with any business or commercial purpose.
 

2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS.

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The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.

 

You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission.

 

3. USER CONTENT.

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We may include features on the Site that allow you to share your communications, information, photos or other content (“User Content”) with us and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above.

• All of your User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

4. PROHIBITED USES.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

• To transmit, post, publish or send any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

• To express or imply that we endorse any statement or posting you make, or any products or services you may offer.

Additionally, you must not:

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Otherwise attempt to interfere with the proper working of the Site.

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

• Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.

 

5. ENFORCEMENT AND TERMINATION OF SITE USE.

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We have the right to remove or refuse to post any User Content for any reason in our sole discretion. In addition, we have the right to:

• Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order.

• Take appropriate legal action for any illegal or unauthorized use of the Site.

• Terminate or suspend your access to all or part of the Site for any reason.

 

6. INDEMNIFICATION.

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Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.

 

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

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Our “how to” guides for oral cleaning including care instruction, is made available solely for general information purposes. Any general oral cleaning information is not intended to be construed as or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your dentist or other qualified health provider or veterinarian as applicable with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with the Site.

 

We do not guarantee or warrant that file available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

 

The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.

 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

WE DO NOT EXTEND ANY WARRANTIES IN THE TERMS OF USE, OR AS APPLICABLE, THE TERMS OF SALE. WE HONOR THE ONE-YEAR PRODUCT WARRANTY YOU HAVE PURCHASED FROM US.

 

8. GOVERNING LAW AND VENUE.

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You agree to give us an opportunity to resolve any problem, dispute or claim relating in any way to the Site or any of its related applications or products/services, including any dealings with us, our marketing and customer service agents, or the performance of any services or products offered through the Site or any representations from us (each a “Claim” and collectively “Claims”). You must send us a written notice of the Claim by email to support@nicwellonline.com with the subject line: “Terms of Use - Dispute Notice.” You and us each agree to negotiate your Claim in good faith

 

All the feedback, comments, requests for support, and other communications related to the Site should be sent to: support@nicwellonline.com

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