Privacy Policy

Corporate Privacy Policy

Important Note – A Privacy Policy is highly “facts and operations” intensive. That is to say, the provisions that a Privacy Policy should contain should mirror your actual business operations. We have made an attempt to speculate about the ways in which you operate your website(s) and your business. However, there is no way we can be certain as to how you do in fact operate. Accordingly, you need to review every sentence of this Privacy Policy, determine whether the provisions hereof are consistent or inconsistent with your actual or anticipated operations, and thereafter you will need to provide us with the direction we need to make modifications necessary to finalize your Privacy Policy.

Privacy Policy

NikolausNature, Inc. (referred to herein as “NikolausNature”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including our mobile websites, mobile applications, and any other digital services and platforms officially operated or used by NikolausNature (hereafter collectively referred to as the “Website” or “Websites”). Any personal information, such as your name, address, email address or phone number that you provide is extremely important to us. To earn your trust, we respect your privacy in handling Personal Information relating to you and your transactions with us, whether made through nikolausnature.com or one of our related Websites. NikolausNature created this Privacy Policy to give you confidence as you visit and use the Websites, and to demonstrate its commitment to fair information practices and to the protection of privacy.

This Privacy Policy describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By visiting or using the Websites, you agree, without limitation or qualification, to be bound by this Privacy Policy, and you are accepting the practices described in this Privacy Policy. When you provide Personal Information to our Websites, you are consenting to the manner in which NikolausNature will collect, use, disclose, and otherwise manage your Personal Information, as set out below.

This Privacy Policy is only applicable to the Websites and not to any Third-Party websites, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the Section V(A) concerning Links to Third-Party Websites, below.

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you visited the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

WHO MAY USE THE WEBSITES

1. Children’s Privacy. NikolausNature is committed to the safety of our children. The Websites are not intended or designed to attract users under the age of 18. Persons under the age of 18 may not register as Customers. Children under the age of 13 may not purchase products through any of our Websites. NikolausNature does not solicit or knowingly collect personally identifiable information from children under the age of 13. If NikolausNature obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, NikolausNature will immediately delete such information from its database. Because NikolausNature does not collect personally identifiable information from children under the age of 13, NikolausNature has no such information to use or disclose to third parties. NikolausNature has designed this Privacy Policy in order to comply with the Children's Online Privacy Protection Act.
2. Users Outside of the United States. The Websites are intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to NikolausNature. Information sent to us will be housed on servers located in the state of *STATE*, in the United States. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Policy.

INFORMATION COLLECTION

NikolausNature is the sole owner of the Website. We collect information from, Customers and visitors to the websites at different points on the websites.

• Traffic Data. Like most website operators, NikolausNature automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
• Cookies. A “Cookie” is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. NikolausNature uses Cookies to customize your experience on the Website to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Website. For additional information on NikolausNature's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

  We use JavaScript to record your usage behavior on our website in order to adapt our web services to the needs of our users. In doing so, we determine your browser type, location, time, and duration of your use, URL, page name, and the website that referred you to our page. You can stop us from recording this data by disabling JavaScript directly in your browser.

  We also use the following tools:

  ❖ Google Analytics - This is a web analytics tool by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, United States, hereinafter referred to as “Google”, to record your online activities on our site and to determine how many users are visiting us, what contents of our page are viewed, and how many times. The evaluation is done anonymously. Google Analytics cookies, including the Google Analytics tool “anonymous IP address” and usage data, are usually transmitted to a Google server in the United States and stored there. For further information, please refer to https://support.google.com/analytics/answer/6004245?hl=en. At https://tools.google.com/dlpage/gaoptout?hl=en.%20 Google Analytics offers the option to opt out of data collection.

  ❖ Matomo Open Analytics Platform - This allows us to record your online activities on our site and determine how many users visit us on the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously. The cookies are stored on your computer. For additional information, please refer to https://matomo.org/faq/.

  ❖ Google AdWords - This is used to record website visits for advertising purposes (remarketing) in Google and in the Display Network. When you visit a website, your browser saves cookies that allow you to be recognized as a visitor when you visit websites that belong to Google's advertising network. On these pages, ads that relate to content that you previously viewed on other websites that use Google's remarketing function can be presented to you as a visitor. You can opt out of data collection by Google AdWords on the website http://www.google.com/settings/ads

  ❖ Google AdWords conversion tracking - We use this to generate conversion statistics that measure the effectiveness of our online advertising campaigns. The conversion tracking cookie is set when a user clicks on an ad placed by Google. According to Google's privacy policy, no personal information is processed. If you do not wish to participate in tracking, you can opt out of this usage by disabling the Google conversion tracking cookie in the usage settings of your Internet browser.

  ❖ Salesforce Marketing Cloud - We use this to record your behavior on our website to optimize our product offering. It helps us determine how many users visit us in the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously and is used automatically by predictive intelligence to improve the presentation of our product offering. For registered members, the user-related behavior on the website is recorded to improve the user experience and is used to display the relevant content. Salesforce cookies are usually delivered to a Salesforce server in the United States and stored there.

  ❖ Hotjar - We collect non-personal information, including standard internet log information and details of your behavioral patterns when you visit our website. This is done to enable to provide you with a better user experience, to identify preferences, to diagnose technical problems, to analyze trends and to improve our website. The following information may be collected related to your device and browser: device’s IP address (captured and stored in an anonymized form), device screen resolution, device type (unique device identifiers), operating system, and browser type, geographic location (country only), preferred language used to display our website. The following information is collected related to your user interaction: mouse events (movements, location and clicks), keypresses. For a sampling of visitors, Hotjar also records information which is collected from our website: referring URL and domain, pages visited, geographic location (country only), preferred language used to display our website, date and time when the website pages were accessed. By visiting the opt-out page https://www.hotjar.com/opt-out and clicking on "Disable Hotjar" you can at any time refuse to collect your data from Hotjar when you visit our website. You may opt-out from having Hotjar collect your information when visiting our website at any time by visiting the Opt-out page https://www.hotjar.com/opt-out and clicking “Disable Hotjar”.

  ❖ Facebook Pixel -- With your consent, we use the “Facebook Pixel” by Facebook Inc., 1601 South California Avenue, Palo Alto, California 94304, United States (“Facebook”) on our website. This is a cookie (i.e., a small text file that is stored on your computer and can be accessed again later). With its help, actions of users can be tracked after they have seen or clicked on a Facebook ad. This allows us to track the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, it does not provide any information on the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook Data Policy (https://www.facebook.com/about/privacy/). You can allow Facebook and its partners to display ads on and off Facebook. A cookie may also be stored on your computer for these purposes. By using the website, you agree to the use of the visitor action pixel.

• Personal Information. Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, membership number, title, gender, date of birth, mailing address, address coordinates (longitude and latitude), phone number(s), fax number, and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); (3) “Financial Data” (such as your credit/debit card number and expiration date); and (4) “Shopping Preferences” (such as items purchased, purchase date, place of purchase, time of purchase, purchase amount, currency and shopping cart). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. NikolausNature may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to NikolausNature. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.
• Non-Personal Information. “Non-Personal Information” is anonymous information is that information we collect that is not traceable to any individual person or computer. We utilize this data to analyze trends and understand customer needs while shopping and interacting on our site so that we can provide a better user experience. For example, we may use cookies, web beacons, log files and other technologies to collect information about visitors to our Website, and interactions with our online advertisements and offerings.
• Device Information. Depending on the permissions you have granted and other factors, we may receive information about your location and your mobile device when you download from our Websites, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, certain player search results, and other personalized content. Examples of the device information we collect include:

  ❖ Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.

  ❖ Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.

  ❖ Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

  Most mobile devices allow you to turn off location services, and we encourage you to contact your device manufacturer for detailed instructions on how to do that.

• Customer Registration. Certain customers may be required to register in order to purchase products from us. Customers may be required to provide Personal Information. We use this information to maintain contact with Customers, and to process Customer orders.
• Product or Service Purchases. When a Customer purchases products or services from us through any of our websites, the Customer must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
• Information that you make Public. The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which NikolausNature is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

INFORMATION USE AND DISCLOSURE PRACTICES

• Traffic Data and Information Gathered Using Cookies. We use "cookies" to recognize you as you use or return to our sites. This is done so that we can provide a continuous and more personalized shopping experience for you. A cookie is a small text file that a website or email may save to your browser and store on your hard drive. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive once you sign out from NikolausNature.com or close your web browser. We use cookies to provide features and services, such as:

  ❖ allowing you to enter your password less frequently;

  ❖ remembering your preferences;

  ❖ presenting information that is targeted to your interests;

  ❖ measuring the effectiveness of our sites, services, content, and advertising; and

  ❖ providing other services and features that are available only through the use of cookies.

  NikolausNature analyzes Traffic Data and information gathered using Cookies to help NikolausNature better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, NikolausNature is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, NikolausNature may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. NikolausNature does not attempt to link information gathered using Cookies to Personal Information.
• Web Beacons. We may also use web beacons. A "web beacon" is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.
• Personal Information. Personal Information that is collected from retail customers, Customers through Customer Registration, Product or Services Purchases and/or Surveys is used and disclosed as described in this Privacy Policy. Except as specifically set forth in this Privacy Policy, NikolausNature DOES NOT share Personal Information. NikolausNature may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by NikolausNature, no Personal Information is shared.
• Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, NikolausNature will keep your Personal Information private and will not sell it to or share it with third parties.

COMMUNICATIONS FROM US

• Special Offers and Updates. By registering as Customer or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us. For example, NikolausNature sends all new Customers a welcoming email to verify password, username. Unless they opt out, all Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with NikolausNature and who grant permission will also receive occasional information on products, services, special deals, and the like.
• Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Customers an email. However, these communications are not promotional in nature.
• Customer Service. NikolausNature communicates with Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their NikolausNature business. NikolausNature communicates with other Customers with respect to products or services purchased by such Customers from NikolausNature. Such communications may be by email, regular mail, or telephone.
• Privacy Preferences/Opt-Out. We now offer an on-line preference page located within the My Account section on www.nikolausnature.com where you can register and change your preferences to receive or not receive marketing materials. You may also update what product/lifestyle preferences you prefer, which may determine what offers and promotional materials you may receive. You may update these preferences at any time, but you must first register by creating an account before you can update any of your preferences. Please allow sufficient time for your preferences to be processed. You may also change your marketing preferences or remove yourself from our mailing list by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you or by contacting us at: 4949 S Syracuse St - Ste 550 Denver, CO 80237 or by e-mailing us at info@nikolausnature.com

MISCELLANEOUS

• Links. NikolausNature’s websites may contain links to other sites. Please be aware that NikolausNature is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by NikolausNature websites.
• Text Messaging. If you so elect, you may provide your mobile phone number to NikolausNature. By submitting your mobile phone number, you consent to receive text message alerts from NikolausNature containing product and event information, product tips or promotions that may be sent using automated dialing systems ("Text Messages"). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. You agree to enter into, sign and receive your consent to receive Text Messages electronically.

You may receive approximately 800-981-9968 recurring texts per month. We do not charge a fee for you to receive Text Messages from us, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. Participating Carriers are:

Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, you can either text the word "Help" to call 800-981-9968 or email info@nikolausnature.com

You may unsubscribe from receiving NikolausNature Text Messages any time by texting the word "STOP" to 800-981-9968 from your device. You may also choose not to receive Text Messages by emailing info@nikolausnature.com and specifying that this is your preference.

We may also obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Privacy Policy.

From time to time you may be asked to provide your mobile phone number to NikolausNature in connection with specific text messaging programs, which is in addition to the general NikolausNature marketing text messaging program. That text messaging program may have additional or different terms and conditions from those set forth above, which will be presented you at the time that you opt-in to receive those text messages. In general, in order to stop receiving text messages from a specific NikolausNature text messaging program, you can text STOP to the five digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that five digit short code. You will remain opted in to any other NikolausNature text messaging programs that you have signed up for.

• Security of Personal Information. We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Websites. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
• Secure Shopping. When you place orders on our Websites, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Websites from capturing and viewing your Personal Information. Since any order information you provide to us on our Websites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Websites. The most recent versions of Google Chrome, Netscape Navigator, Apple Safari, and Microsoft Internet Explorer can support a secure connection and can be downloaded for free from the Google, Netscape, Apple, or Microsoft website respectively.
• Passwords. To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. NikolausNature will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
• Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name or password from your account.
• Promotional Activities. From time to time, NikolausNature may conduct contests, giveaways and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, NikolausNature may also ask you to participate in surveys designed to help NikolausNature improve the Websites, its products, services, or the NikolausNature network marketing program. Any Personal Information provided to NikolausNature in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
• Changes to this Privacy Policy. NikolausNature reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of _____ days following implementation of the amended Privacy Policy.
• Making Changes to Your Personal Information. Customers may update their personal information as necessary by logging into their NikolausNature online Customer Accounts, which allows them to access and edit their registration account information. In addition, Preferred Customers may contact us at info@nikolausnature.com to update their profiles.
• Information Sharing Disclosure Requests. If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom NikolausNature or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at. NikolausNature, Attn: Privacy Manager, 4949 S Syracuse St - Ste 550 Denver, CO 80237 , or by e-mailing us at info@nikolausnature.com We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days. You may also see the California Privacy Notice here.
• Questions. Questions regarding this Privacy Policy should be directed to info@nikolausnature.com, or by mail to NikolausNature, 4949 S Syracuse St - Ste 550 Denver, CO 80237 .
• Effective Date. The effective date of this Privacy Policy is 2023.