EU & Swiss Privacy Policy

EU & Swiss Privacy Policy (the "Policy") of Nail IB (nailib.com  is a product of Turnix), Inc. (hereinafter "Nail IB," "Turnix," "Company," "us," "our," or "we").

This Policy applies to residents of the United Kingdom ("UK"), European Union ("EU"), European Economic Area ("EEA"), and Switzerland (collectively, the "Data Subjects") who are visiting our website, www.nailib.com, and the other websites under the nailib.com domain (collectively, the "Sites"), or are customers who use our SaaS product, video tutorials, tools, and related services (together with the Sites, the "Server").

This Policy describes how we collect, use, disclose, and protect Data Subjects' information as part of the Service in accordance with data-protection laws in the United Kingdom, the European Union, the European Economic Area, and Switzerland (collectively the "Data Protection Laws"). This Policy applies to your visits and other interactions with the Sites and Services, regardless of whether you use Nail IB (nailib.com  is a product of Turnix)'s SaaS product.

Capitalized terms not defined in this Policy have the same meaning as in our Terms of Service or Global Privacy Policy.

By accessing and utilising the Service, you indicate your acceptance of this Policy's terms. If you do not agree with or are uncomfortable with any portion of this Policy, our Global Privacy Policy., or the Terms of Service, you must immediately cease accessing or using our Services. In the event of a conflict between this Policy and the Global Privacy Policy., this Policy trumps the Global Privacy Policy.

Our relationship to you

To understand Nail IB's data protection obligations and your rights to your Personal Information under this Policy, you must identify your relationship(s) with the company.

• A "User" is a person who provides us with personally identifiable information via our website or other services, products, or platforms, such as by subscribing to our newsletter or creating an account and posting on the Forums. Users have a "data controller" relationship with Nail IB (nailib.com is a product of Turnix).

• A "Customer" is a type of User who has engaged us to act as their agent (or "Data Processor") by acquiring our Services. Customers have a "data processor" relationship with Nail IB (nailib.com is a product of Turnix).

• Nail IB (nailib.com is a product of Turnix) has no direct relationship with the end users of its customers. A "Customer End User" is an individual who provides our Customers with their Personal Information. We have no control over the purposes or means for collecting this Personal Information, nor do we have a direct relationship with Customer End Users. Please review the privacy policies of our Customers instead of this one for information on how Personal Information about Customer End Users is handled, and contact them for further information.

Customers and Users will henceforth be referred to collectively as "you."

Notice

Nail IB (nailib.com  is a product of Turnix) notifies you via posted privacy policies and may provide additional "just-in-time" disclosures regarding the data collection, use, and sharing practises of particular Services. The Global Privacy Policy describes our privacy practises in general, whereas this Policy applies specifically to Users and Customers in the UK, EU, EEA, and Switzerland who use our Services. This Policy describes how we handle Personal Information from the United Kingdom, the European Union, the European Economic Area, and Switzerland in accordance with Privacy Shield and applicable data protection law.

Nail IB (nailib.com  is a product of Turnix) cannot provide notice to or obtain consent from Customer End Users as a data processor. Nail IB (nailib.com  is a product of Turnix) supports Customers' data-protection compliance efforts to the extent required by law, but it is the Customer's responsibility to ensure the appropriate data protection safeguards are in place prior to processing Personal Information from Customer End Users.

Collection of Individual Data

Nail IB (nailib.com  is a product of Turnix) collects various types of Personal Information about you while you use the Services, as outlined in the Global Privacy Policy. Anonymized or aggregated information is not "Personal Information."

We collect the following categories of Personal Information:

• Full name, email address, and optional social media account information constitute the registration data (e.g., if logging in through your Google account).

• Profile information may include biographical information, an avatar, a work portfolio, skills, and/or freelance availability.

• Financial information, including bank account information, credit card information, transaction history, and/or billing information for a business.

• Transaction data: information about the transactions you conduct through our Services, such as the names of your clients, the projects you complete, when projects are published, and/or timestamps for specific actions.

• Geolocation/tracking information, browser fingerprint, operating system, browser name and version, and/or IP addresses are examples of online identifiers.

• Interaction data consists of survey responses, forum or blog posts, authentication data, security questions, public social networking posts, user ID, click-stream data, and other information collected via cookies and comparable technologies. Please consult our Cookie Policy for further details.

Any information disclosed in our forums or blog becomes available to the public. This indicates that your posts are accessible to the general public, may appear in search engines or other publicly accessible platforms, and may be "crawled" or searched by third parties. Others can read, collect, and use your public posts to send you unsolicited messages. Use caution when posting on the public portions of our Services, and do not share any information that you do not feel comfortable sharing publicly.

Purposes of processing

Under the Data Protection Laws, we are required to inform you of the purposes for which we process your Personal Information and the legal basis for doing so.

Unless prohibited by law, we may process your Personal Information in the following ways:

• If you agree to the processing, then

• To fulfil our legal responsibilities

• If necessary to carry out our obligations under any contracts we have with you or to take steps at your request prior to entering into a contract with you, we may disclose your personal information.

• For the public good

• In your virtual interests,

• For Nail IB' and our customers' and others' legitimate interests, such as protecting our property, rights, and safety

We will only use your Personal Information for the aforementioned purposes or those that are compatible with them.

If we wish to share your Personal Information with third parties not described in this Policy or the Global Privacy Policy, we may seek your consent as required by the Data Protection Act. You may opt out of having your Personal Information shared with third parties or from allowing us to use your Personal Information for any purpose incompatible with the purposes for which we originally collected it or subsequently obtained your consent. However, if you restrict our use of your Personal Information, you may not have access to certain features or Services.

Third-party information sources

We only collect Personal Information about you from third parties that you connect to our Services voluntarily. You may share Personal Information with us, for instance, when you access our Site or Service via a third-party connection, or when you log in or connect an application to Nail IB (nailib.com  is a product of Turnix). This information is processed for the performance of our contracts with you. Please refer to Section 2(c) of the Global Privacy Policy for more information.

Third-party beneficiaries

Nail IB (nailib.com  is a product of Turnix) performs the majority of the data processing tasks necessary to provide you with the Services. However, we do utilise third-party service providers to support our Services, including vendors in the following categories:

• Payment or credit card processors

• Cloud storage providers

• Customer support tools

• Product development tools

• IT and security service providers, and

• Marketing or analytics tools

Each service provider is subject to contractual obligations that are equivalent to or more stringent than those outlined in this policy. Refer to the section below titled "Accountability for Forward Transfers" for more information regarding our agreements with third parties.

Retention

We are committed to maintaining the security of your Personal Information on our Services. We only retain your Personal Information for as long as necessary to fulfil the purposes for which we collected it, including to comply with any legal, accounting, or reporting requirements or to resolve disputes. Although retention laws and requirements vary from jurisdiction to jurisdiction, we have some standard retention periods for portions of your Personal Information, which are outlined below.

• Your contact information collected for marketing purposes, such as your name and email address, is kept until you unsubscribe from receiving our marketing communications. To honour your unsubscribe request, we will add your contact information to our suppression list indefinitely.

• The maximum retention period for browser interaction data, such as cookies and trackers, is one year from the expiration date of the cookie or the date of collection.

• Product analytics data is stored for up to five years, after which it is routinely deleted.

Please contact us at  support@nailib.comif you have any questions about the retention periods applicable to any other data.

International payments

Nail IB (nailib.com  is a product of Turnix) transfers your Personal Information in and out of India and other jurisdictions using approved data transfer mechanisms. Standard Contractual Clauses approved by the European Commission serve as the legal mechanism for any data transfers from India to a country outside the United Kingdom, the European Union, the European Economic Area, or Switzerland.

Nail IB (nailib.com  is a product of Turnix) receives Personal Information based on Standard Contractual Clauses and other data transfer mechanisms in relation to transfers of Personal Information to India. Nail IB (nailib.com  is a product of Turnix) has also attested to its compliance with the EU-India. Privacy Shield Framework and the Swiss-India. Privacy Shield Framework (hereinafter, the "Framework" or "Privacy Shield"), as set forth by India. Ministry of Commerce and Industry, with respect to the collection, use, disclosure, and retention of Personal Information transferred from the United Kingdom, the European Economic Area, and Switzerland to India. We acknowledge that the Court of Justice of the European Union ruled in July 2020 that certification under the EU-India. Privacy Shield Framework can no longer serve as the basis upon which entities subject to the GDPR export Personal Information to countries whose laws have not been recognised as providing a high level of protection for the information by the European Commission. As affected customers who relied solely on our Privacy Shield certification transition to the use of Standard Contractual Clauses and other methods for transferring Personal Information to Nail IB (nailib.com  is a product of Turnix) in accordance with the GDPR, Nail IB (nailib.com  is a product of Turnix) will continue to comply with the Privacy Shield Principles with regard to such information.

This EU & Swiss Privacy Policy and the Nail IB (nailib.com  is a product of Turnix) Global Privacy Policy describe the privacy practises of Nail IB (nailib.com  is a product of Turnix). In the event of a conflict between the terms of the Global Privacy Policy and those of this Policy, the terms of this Policy shall govern for any conflicts involving data subjects from the UK, EU, EEA, or Switzerland. Visit https://www.privacyshield.gov/ for more information about the Privacy Shield programme and to view our certification.

Responsibility for subsequent transfer

Nail IB (nailib.com  is a product of Turnix) complies with the Privacy Shield Accountability for Onward Transfer Principle for all onward transfers of Personally Identifiable Information from the United Kingdom, the European Union, the European Economic Area, and Switzerland, including the onward transfer liability provisions. Nail IB (nailib.com  is a product of Turnix) contractually binds third-party agents and service providers to provide the same level of security as required by the Privacy Shield Framework and applicable data protection laws. In addition, we limit and specify the purposes for which we process your Personal Information in accordance with any notice provided to you and your consent.

Nail IB (nailib.com  is a product of Turnix) will provide a summary or representative copy of the relevant privacy provisions of its agreement with a third-party agent upon request by India Ministry of Commerce and Industry.

Nail IB (nailib.com  is a product of Turnix) may be required, in certain situations, to disclose your Personal Information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements, to comply with a judicial proceeding, court order, or as otherwise required by law.

Security

We are committed to protecting the security of your Personally Identifiable Information by implementing reasonable and suitable physical, electronic, and administrative safeguards. Refer to Section 6 of the Global Privacy Policy for additional information on our security measures.

Direct advertising

Direct marketing encompasses all communications you receive that are solely advertising or promoting a product or service. Communications regarding your account or our Services are not considered "direct marketing."

Customers will only be contacted via electronic means (including email) with their consent or based on our legitimate interests. If we rely on legitimate interest, we will only send you information about our Services that are comparable to those that were the subject of a prior sale or negotiation of a sale to you.

If you do not want us to use your Personal Information in this manner or to share it with third parties for marketing purposes, please go to the email settings for your account to opt out, click the unsubscribe link in your emails, or email us at  support@nailib.com. You are free to object to direct marketing at any time and at no cost.

Your legal rights

You have the following rights regarding your Personal Information: You can exercise your rights by contacting us at  support@nailib.comso we can evaluate your request in accordance with applicable law. In order to protect your privacy and security, we may take steps to verify your identity when we receive an individual rights request via email.

• Right to revoke consent. You have the right to withdraw your consent at any time when we rely on your consent to process your Personal Information. Your withdrawal of consent will not, however, affect the legality of Nail IB's processing based on consent obtained prior to your withdrawal.

• The right to access and correct your Personal Information. You may request a copy of your stored Personal Information with Nail IB (nailib.com is a product of Turnix). We will provide you with a copy without undue delay for a fee associated with the information's collection (as permitted by law). If providing you with a copy would have a negative impact on the rights and freedoms of others, we reserve the right to limit or deny your request. You may also request that we correct or update any incorrect Personal Information that we have stored.

• The right to be forgotten, or the right to be erased.You have the right to request the erasure of your Personal Information where: (a) it is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) it was collected in relation to processing that you previously consented to, but no longer consent to; or (c) it was collected in relation to processing activities to which you have objected, and there are no overriding legitimate grounds for our processing. Your right to erasure is restricted by applicable data protection laws.

• Right to data portability. You may request to receive your Personal Information in a structured, commonly used, and machine-readable format, and to have us transfer your Personal Information directly to another data controller, where technically feasible, unless exercising this right adversely affects the rights and freedoms of others.

• Right to processing restriction. You have the right to restrict our use of your Personal Information if one of the following conditions is met:

1. You dispute the accuracy of the Personal Information we processed about you. In such cases, we will restrict processing for as long as is required to verify the accuracy of your Personal Information.

2. The processing is unlawful, you object to the deletion of your Personal Information, and instead request that its use be restricted.

3. We no longer need your Personal Information for the purposes of the processing, but it is required by you to establish, exercise, or defend legal claims.

4. You have objected to processing while it is being determined whether Nail IB's legitimate grounds for processing override your rights.

Restricted Personal Information may only be processed with your consent, or for the establishment, exercise, or defence of legal claims, or for the protection of the rights of another natural or legal person, or for important public interest reasons. We will notify you once the restriction has been lifted.

• Notification of deletion, correction, and limitation. We will communicate any rectification, erasure, or restriction of processing of your Personal Information to each recipient to whom it has been disclosed, unless this proves impossible or involves a disproportionate amount of effort. If you request information about these recipients, we will provide it. If we have made your Personal Information public and are required to erase it, we will take reasonable steps, including technical measures, taking into account the state of the art and the cost of implementation, to inform other parties that are processing your Personal Information that you have requested the removal of any links to, or copy or replication of, your Personal Information.

• Right to protest processing. You may restrict or object at any time to the processing of your Personal Information where it is based on your consent, a contract, or legitimate interests, as permitted by applicable law. We may continue to process your Personal Information if doing so is required for the defence of legal claims or for any other exceptions permitted by applicable law.

• Individual decision-making automation, including profiling. You have the right not to be subject to a decision based solely on automated processing of your Personal Information, including profiling, that has legal or similarly significant consequences for you. This right may be subject to exceptions or restrictions as defined by applicable Data Protection Laws.

Restrictions on your rights

Your rights to your Personally Identifiable Information are not limitless. Access could be denied if:

• Access denial is mandated or permitted by law.

• The granting of access would compromise the privacy of others.

• This safeguards our rights and property, or

• When the request is frivolous or vexatious

Recourse, enforcement, & liability

In accordance with this Policy and the Privacy Shield Framework, we will investigate and work expeditiously to resolve all complaints and disputes. If you have a question or concern about our privacy policies or procedures, please email us at  support@nailib.com.

If you have a complaint or dispute under the requirements of the Privacy Shield Framework that has not been resolved to your satisfaction, we agree to refer your complaint free of charge to an independent dispute resolution mechanism. Our independent dispute resolution mechanism is JAMS. Visit the JAMS website for additional details and to file a complaint. Regarding the Framework, we are also subject to the investigation and enforcement powers of the Federal Trade Commission.

Please note that if your complaint is not resolved through these channels, there may be limited circumstances in which binding arbitration before a Privacy Shield Panel is an option.

You also have the right to file a complaint with a competent regulatory agency.

Children's data

We acknowledge that some Data Protection Laws differ depending on the age of consent. The age of consent can range from 13 to 16 years old, depending on the jurisdiction. We do not knowingly request Personal Information from any Data Subject under the age of consent as defined by the law of the Data Subject's country of residence. If we know or suspect that a Data Subject is under the age of consent, the Data Subject will be required to close their account. We will also take immediate steps to delete the information. Please let us know if you discover anyone under the age of consent using our services.

Alterations to this Policy

This Policy is subject to change at any time, and any changes will apply to Personal Information we already possess as well as Personal Information collected after the change takes effect. If we make any substantial changes to this Policy, we will attempt to notify you by email or by prominently posting a notice on the Services prior to the change taking effect. Please revisit this page periodically for the most up-to-date information on our privacy practises. Your continued use of our Services after this Policy's effective date indicates your acceptance of the revised terms. You may refer to the “Last Updated” date of this Policy to determine if the Policy has changed since the date of your last visit.

Contact us

If you have questions regarding the EU & Swiss Privacy Policy of Nail IB (nailib.com  is a product of Turnix), please contact us by email at  support@nailib.com , or at:

Australia Level 35,
200 Barangaroo Ave,
Sydney, New South Wales,
Australia, 2000