Privacy Policy

Last Updated: May 05, 2024
1. Introduction
Nekt, owned and operated by Nekt Data Ltda. ("Nekt", “we” or “our”) respects your privacy and is committed to protecting it through compliance with applicable privacy laws and this Privacy Policy (“Policy”).

This Policy describes our procedures on the collection, use and share of Personal Information when you use our website, communicate with us through another contact channel and/or use the Services in accordance with Nekt’s Terms of Services.

Please read this Policy carefully to understand our policies and practices regarding your Personal Information and how we will process it. By accessing or using the Services, you agree to this Privacy Policy. 

This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for any updates.
2. Personal Information we collect
We may collect information reasonably capable of identifying you as an individual (“Personal Information”). Personal Information does not include anonymous or aggregate information that does not identify you as an individual.

We collect Personal Information from various sources, including directly from you when you provide it to us, automatically as you use the Services.
2.1 Information you provide to us
In the process of utilizing our Services, we may gather specific types of information, including:
  • Personal Identifiers: To manage your account and deliver our Services effectively, we gather information such as your name, email address, contact number, and mailing address.
  • Professional Details: Information pertaining to your employment, including your position and the organization you work for, is also collected.
  • Interactions and Customer Service Information: Any data you provide while engaging with our team, whether through inquiries about our Services, discussions with our sales department, customer service engagements, survey responses, feedback, commentary, event registrations, or participation in promotional activities, will be collected. This includes keeping a record of our interactions with you and any information you reveal during these interactions, such as recorded calls or chat transcripts.
  • Transactional History: We maintain records of your previous engagements and transactions with us, for instance, if you participate in a free trial offer.
  • Payment Information: In the event you select a particular payment method, we collect the details of your credit card or alternative financial account information. This information may be gathered by or shared with third-party payment processing and billing services.
2.2 Information we collect through automatic data collection technologies
As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain Personal Information about your interaction with the platform, including information about your equipment, browsing actions, and patterns:
  • Details of your visits to the platform. This includes browsing history, search history, traffic data, location data, logs, referring/exit pages, date and time of your visit to the platform, error information, clickstream data, and other similar communication data and the resources that you access, use, or otherwise interact with on the platform;
  • Information about your computer and internet connection, i.e., your IP address, operating system, and browser type.
The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Services and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, customize the Services according to your individual interests, speed up your searches, and recognize you when you return to the Services.
3. How we use your Personal Information
Under applicable data protection laws, we are required to specify the legal basis under which we are allowed to process your Personal Information. Generally, we may process your Personal Information to enter into contract with you or in relation to pre-contractual obligations, for the establishment, exercise or defence of legal claims or proceedings and to comply with our legal and regulatory obligations, for our legitimate interests or when we have your consent.

You Personal Information may be also used for the following:
  • Provide and personalize the Services and its content to you;
  • Support, develop, troubleshoot, and debut the platform and our related products and services;
  • Allow the user to participate in the interactive features of the platform;
  • Maintain, customize, and secure your account (including notices about subscriptions, expiration, and renewals, if applicable);
  • Process your requests, purchases, transactions, and payments and/or to prevent transactional fraud;
  • Inform you about products, services, news, or promotional opportunities we think might interest you;
  • Provide you with critical updates, confirmations, or security alerts;
  • Provide support or respond to your comments or questions (including to investigate and address concerns and monitor/improve responses);
  • Personalize and improve your experience;
  • Conduct internal testing, research, analysis, and product development, including to develop and improve the platform;
  • Maintain the safety, security, and/or integrity of the platform, services, databases, and other technology assets;
  • Perform services on behalf of a third party; and
  • Protect you and other users from any conduct that violates the Terms of Services or to prevent abuse or harassment of any user.
With your consent, we may also use your Personal Information to contact you about our own and third-parties' goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Nekt's platform and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at privacy@nekt.ai.
4. Data Sharing with Third-Party Tools
We are committed to not sharing, selling, or otherwise disclosing your Personal Information with third-party tools, including AI models, without explicit consent from our users.

When you sign in to Nekt and authorize access to third-party services, such as the Google Ads API, we may collect and use certain information solely to provide you with the requested services. This information is utilized exclusively to enable the functionality you have requested and is not shared with any third-party tools or AI models.

We understand the importance of transparency and accountability in data handling practices, and we are dedicated to ensuring that your personal information remains protected and confidential. If you have any questions or concerns about our data sharing practices, please contact us at privacy@nekt.ai.
5. When we may share your Personal Information
We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose your Personal Information to our subsidiaries and affiliates; to contractors, service providers, and other third parties we use to support our business, including IT and other infrastructure support services; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the Personal Information; to a potential buyer or other successor in the event of a corporate transaction in which Personal Information held by us about our users is among the assets transferred; to comply with any court order, law, or legal process, including to respond to any government or regulatory request; to enforce or apply our Terms of Services and other agreements; if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nekt, our customers, or others; and with your prior consent.
6. Lawful basis for processing your Personal Information
The processing of your Personal Information is lawful only if it is permitted under the applicable laws. In general, we may use the following lawful basis:
  • Consent. By using the Services, you consent to our collection, use, and sharing of your Personal Information as described in our Privacy Policy. If you do not consent to the terms of our Privacy Policy, please do not use the Services;
  • Legitimate interests. We will process your Personal Information as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Information if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Nekt and you; detect and correct bugs and to improve the Services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your background and perform risk assessments; and develop our product and services;
  • To fulfill our obligations to you under our contract. We process your Personal Information in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you; and
  • As required by law. We may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
7. Cookies
We automatically collect certain information when you use our Services, in order to help us provide you with a better experience. We do this mainly by using cookies.

Most browsers accept cookies by default. You have the right to decide whether to accept or reject cookies, by setting your preferences in the cookie consent manager, allowing you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

If you choose to reject cookies, you may still use our Services though your access to some functionality and areas may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.
8. Data Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the platform. Any transmission of Personal Information is at your own risk. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
9. Your rights regarding your Personal Information
The applicable privacy laws may provide you with certain rights with regards to our processing of your Personal Information. These rights may be to:
  • Request access: The right to access, update or delete the information we have on you. Whenever made possible, in case you are the owner of your company's account, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact either the owner of the account or us. This also enables you to receive a copy of the Personal Information we hold about you.
  • Request correction: You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Object to processing: This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your situation, which makes You want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
  • Request removal: You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it.
  • Request the transfer: We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use, or where we used the information to perform a contract with you.
  • Withdraw your consent: You have the right to withdraw your consent to using your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.
You may exercise any of your rights by contacting us through the channels informed in item “Contact us” below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Information, you may be charged a fee subject to a maximum set by applicable law.
10. Retention of Person Information
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Services, or when we are legally obligated to retain this data for longer time periods.
11. Jurisdiction-Specific Privacy Rights
The law in some jurisdictions may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the privacy addendum for your state that is attached to this Privacy Policy.

In order to provide the Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Information. Your Personal Information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using the Services, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Information outside the country where you reside or are located, including in the United States.

Your Personal Information is transferred by Nekt to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Information. To ensure your Personal Information is treated in accordance with this Policy when we transfer it to a third party, Nekt shall make reasonable efforts to use Data Protection Agreements between Nekt and all other recipients of your Personal Information.
12. Contact us
If you have any concerns, complaints, or suggestions regarding this Privacy Policy or how we treat your Personal Information, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, please contact us at privacy@nekt.ai.
General Data Privacy Regulation (GDPR) Addendum
This GDPR Privacy Addendum (the “GDPR Privacy Addendum”) supplements the information contained in our Privacy Policy and applies solely to the users of the Services who are located in the European Economic Area, the United Kingdom, or Switzerland. We adopt this GDPR Privacy Addendum to comply with the European Union`s General Data Protection Regulation, and any laws implementing the foregoing by any member states o the European Economic Area, the United Kingdom (including the UK Data Protection Act and the UK-GDPR), and or Switzerland (collectively, the “GDPR”). Unless otherwise defined in this GDPR Privacy Addendum, any terms defined in the GDPR or our Privacy Policy have the same meaning when used in this GDPR Privacy Addendum. When this GDPR Privacy Addendum is applicable to you, it takes precedence over anything contradictory in our Privacy Policy.
  • Data Controller, Data Protection Officer, and Representative
    Nekt is generally the data controller of your Personal Information. At this time, Nekt is not required to appoint a Data Protection Officer or representatives in either the European Union or the United Kingdom and has elected not to do so. Nekt may be contacted in any manner set forth below.
  • Information We Collect About You and How We Collect It
    The Personal Information we collect and the ways in which we collect it is described in our Privacy Policy.
  • Lawful Basis for Processing Your Personal Information
    The processing of your Personal Information is lawful only if it is permitted under the GDPR. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
  • Consent: By using the Services, you consent to our collection, use, and sharing of your Personal Information as described in our Privacy Policy and this GDPR Privacy Addendum. If you do not consent to the terms of our Privacy Policy and this GDPR Privacy Addendum, please do not use the Services;
  • Legitimate Interests: we will process your Personal Information as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Information if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Nekt and you; detect and correct bugs and to improve the Services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your background and perform risk assessments; and develop our product and services;
  • To fulfill our obligations to you under the Terms of Services: we process your Personal Information in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you; and
  • As required by law: we may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
  1. Special Categories of Information
    Nekt does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you.
  2. Automated Decision Making
    Nekt does not use your Personal Information with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.
  3. How We Use Your Information
    We use your Personal Information as described in our Privacy Policy.
  4. Disclosure of Your Information
    We do not share or otherwise disclose your Personal Information for purposes other than to the entities and for the purposes described in our Privacy Policy.
  5. Your Rights Regarding Your Information and Accessing and Correcting Your Information
    The GDPR provides you with certain rights with regards to our processing of your Personal Information. These rights replace the similar rights provided in our Privacy Policy or are supplemental to such rights.
  6. Consent to Processing of Personal Information In Other Countries Outside the European Economic Area or the United Kingdom
    In order to provide the Services to you, we may send and store your Personal Information outside of the EEA or the United Kingdom, including to the United States. Accordingly, your Personal Information may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Information. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using the Services, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Information outside the country where you reside or are located, including in the United States.
  7. Data Retention Periods
    Nekt will retain your Personal Information for the entire time that you keep your account open. After this period, we may retain your Personal Information for two (2) years, or for any of the reasons listed below, whichever is longer:
  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
  1. Special Categories of Information
    Nekt does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you.
4. When we may share your Personal Information