Privacy Policy
NextGem Privacy Policy
Last Revised: March 12, 2024
This Privacy Policy explains how information about you is collected, used and disclosed by NextGem, Inc. ("NextGem," “we,” “our,” or “us”) when you use the NextGem website located at www.NextGem.com, the Site”), the NextGem mobile application (the “App”), and/or any tools, websites and services provided in connection therewith (collectively, with the Site and the App, the "Service"). Your downloading of the App or use of the Service constitutes your consent to the collection and use of such information as described in this Privacy Policy. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information.
1. Changes to this Privacy Policy. We may change this Privacy Policy from time to time and in such event will revise the date at the top of this Privacy Policy. If any material changes are made, we will notify you by email (sent to the e-mail address provided), by means of a notice in the App and/or the Site, or by other means as determined by us prior to the change becoming effective. We encourage you to periodically review the Privacy Policy to stay informed about our information practices.
Collection of Information
2. Information You Provide to Us. We collect information you provide directly to us. For example, we may collect information you provide when you create an account, create or edit your profile, upload content or comments, complete a registration, fill out a form or survey, participate in a contest or promotion, make a purchase, subscribe to the Service, pay for or accept payment for Trading Cards, participate in interactive features of the Service, connect or communicate with us via third party social media sites, send us an email, request customer support or otherwise communicate with us or communicate with other users through the Service. The types of information we may collect in this manner include basic contact information (e.g. name, email address, postal address, zip code, mobile number), location, demographic information, photographs, video, and credit card and other payment and bank information you provide to us.
3. Information We Collect Automatically. When you access or use the Service, we automatically collect information about you, including without limitation:
Log Information: We log information about your use of the Service, including without limitation the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to the Service. We do link this automatically collected data to other information we collect about you. We do this for many reasons, including without limitation to improve services, marketing, analytics, and site functionality.
Device Information: When you download and use our Services, we automatically collect information on the type of device you use and operating system version.
Location Information: The App may collect information about the location of your device if you provide your consent. For more details, please see "Your Choices" below.
Information Collected by Cookies and Other Tracking Technologies: We and our partners, affiliates, tracking utility companies and service providers use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Cookies are small data files stored on your hard drive or in device memory that help us to improve the Service and your experience, see which areas and features of the Service are popular, count visits and track user activity among other things. For more information about cookies, and how to disable them, please see "Your Choices" below. We may also collect information using web beacons (also known as "tracking pixels") and digital fingerprinting. Web beacons are electronic images that may be used in the Service or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. Digital fingerprinting technology enables us to identify the devices that you use to access the Service for purposes such as data analytics, delivering targeted content and advertising, and protecting against possible fraudulent transactions.
Third-Party Contact Info: We may also collect third-party contact information if you permit the Service to import such information or otherwise upload such information for your use within the Service or so that you may invite your contacts to use the Service or participate in other referral services. This information may include, but is not limited to, such third party’s name and basic contact info. We use this information only as described in this paragraph.
Mobile Analytics: We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
Information We Collect from Other Sources
We may also obtain information from other sources and combine that with information we collect through the Service. For example, analytics we may collect information about you from other users, identity verification services, credit bureaus, mailing list providers and publicly available sources. We use this information for the purposes set out in this Privacy Policy.
If you log into your account through sign-in services, including without limitation Google and Facebook Connect, you provide NextGem with permission to access certain information about you from such sign-in service, such as your user profile, friends list, user graph and profile picture.
4. Use of Information. We may use information about you for various purposes, including without limitation to:
Provide, maintain and improve the Service;
Provide and deliver the products and services you request, process payments and other transactions, including transactions between users, and send you related information, including without limitation confirmations and invoices;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests, and provide customer service;
Communicate with you about products, services, offers, promotions, rewards, and events offered by NextGem and others, and provide news and information we think will be of interest to you;
Authenticate your identity and pre-populate forms;
Monitor and analyze data, trends, usage and activities in connection with the Service;
measure the effectiveness of advertising, content, features and activities, and perform other data analytics;
Personalize and improve the Service and deliver and display targeted advertisements, content or features in the Service and on other sites or apps that match your profiles or interests;
Process and deliver contest and sweepstakes entries and rewards and verify eligibility;
Attempt to protect against or identify possible fraudulent transactions;
Link or combine with information we get from others to help understand your needs and provide you with better service;
and Carry out any other purpose for which the information was collected or as otherwise described in this Privacy Policy.
NextGem is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Service or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
5. Sharing of Information. We may share information about you as follows or as otherwise described in this Privacy Policy:
With vendors, consultants and other service providers, such as payment processors, who need access to such information to carry out work on our behalf;
With visitors on the website, who will see your profile information, and if you are connected with such other users (either through the Service or through third-party services), who may also see your full contact information;
If you choose to make certain information public or available to other users, such as by creating a profile, posting Trading Cards, and/or posting information in public or private forums or features in the Service;
(e.g. online forums, reviews, comments, blogs, and groups), such information will be available to other users and may be publicly available (depending on the settings or the forum or feature), including search engines and related services. To request removal of your personal information, contact us at support@NextGem.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why;
In response to a request for information if we believe disclosure is in accordance with any applicable law such as to comply with a subpoena, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with the spirit or language of our user agreements or policies or that such sharing is necessary or appropriate to protect the rights, property and safety of NextGem, its users, it employees, or others;
Proactively with local, state and federal law enforcement and/or with other web and mobile marketplaces if we believe there is harm to another user or the general public;
As may be required or permitted pursuant to any applicable law, rule or regulation or court or administrative order;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company or upon liquidation of NextGem;
and Otherwise with your consent or at your direction, including if we notify you through the Service that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated information that does not directly identify you.
6. Sale of Information. While NextGem does not sell information you provide us to third parties in the normal meaning of the word “sell,” we do permit our marketing partners to use your information in a way which could fit within the definition of “sell” under certain state law. As a consequence, if you wish to opt out of the sale of your information, please complete a “Do Not Sell My personal information” request at www.NextGem.com/donotsellmypersonalinformation. You may also contact us via the methods noted in the “Exercising Your Rights” section below.
7. Social Sharing Features. The Service may offer social sharing features and other integrated tools, including without limitation the Facebook "Like" button, which let you share actions you take in connection with the Service with other media, and vice versa. The use of such features enables the sharing of information with your connections or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
8. Referrals. If you choose to use our referral service, which is powered by a third party to tell a friend about our website, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. NextGem stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at support@NextGem.com to request that we remove this information from our database.
9. Advertising and Analytics Services Provided by Others. We may allow third parties to serve advertisements on the Service and/or serve advertisements on our behalf across the Internet and to provide analytics services. This may include, but is not limited to, retargeting programs where NextGem advertising is delivered to users while users are on third-party websites. These third parties may use cookies, web beacons and other similar technologies to collect information about your use of the Service and other applications and websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by NextGem and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests in connection with the Service and other applications and websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
10. Security. NextGem takes reasonable measures in an attempt to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, including without limitation Secure Socket Layer (SSL) technology for sensitive information such as financial information. However, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure, and NextGem does not represent or warrant that your information will be completely secure, including without limitation from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. If you have any questions about security with the Service, you can contact us at support@NextGem.com.
Your Choices
11. Account Information. You may access, update or correct your profile information at any time by logging into your account. Certain types of information, such as age, cannot be altered without NextGem's assistance. Please contact NextGem at support@NextGem.com to change such information. For more information on accessing, updating or correcting your profile information please see the Help Center at help.nextgem.com. If you wish to delete or deactivate your account, you may do so by visiting your account settings and deleting your account, but note that we may retain certain information as required by law or for legitimate business purposes. We will respond to the above-mentioned requests within a reasonable timeframe. We may also retain cached or archived copies of information about you for a certain period of time.
12. Location Information. The App may include a location feature whereby it will automatically collect your geolocation information if you provide your consent. In such event, the Service will use and share such location to enable users, including without limitation to determine which users in their network are nearby and to determine the location of another user. NextGem may also use location information to provide information and advertising to users. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS IN THE APP AND/OR ON YOUR DEVICE AND/OR BY UNINSTALLING THE APP.
13. Push Notifications. We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
14. Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Service.
15. Do Not Track Settings. Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, we do not recognize DNT settings.
16. Promotional Communications. You may opt out of receiving promotional emails or text messages from NextGem by following the instructions in those emails or text messages or through your account settings. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
17. Links to 3rd Party Sites. Our Site may contain third party advertising and links to third party websites. We are not responsible for the privacy practices or policies of these advertisers or websites. Please contact such advertisers or websites directly for more information about their privacy practices. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to third party advertisers and/or the use of links to third party websites that may appear on the Service, including without limitation such websites' availability, privacy policies, content, advertising, and/or products or other materials.
18. Children Under 13. This Service is not intended for use by children under 13 years of age. Parents, if you become aware that your child under 13 years of age has created an account or otherwise posted personal information through the Service, please notify us at support@NextGem.com so that we can take appropriate action. We may require verification of your identity.
19. Information Retention. NextGem reserves the right to retain the information it collects for a certain period of time in order to preserve the integrity of the NextGem databases and for other business and/or legal purposes. You may request that NextGem delete your personal information by completing a Data Subject Rights request, and NextGem will comply with such request, subject to its right to retain such information as it deems necessary to comply with legal obligations, resolve disputes, provide important information to current and former users, enforce NextGem's Terms of Use or other agreements and other business needs. Any requests for user data retrieval or deletion will require verification of user's identity.
Your Rights And Choices Regarding Your Data
20. Right to Know. You have the right to know and see the data that NextGem has collected about you over the last twelve months, including;
The categories of personal information we have collected about you
The categories of sources from which the personal information has been collected about you
The business or commercial purpose of collecting your data
The categories of third parties with whom we have shared your data
The specific personal information we have collected about you
21. Right to Delete. You have the right to request that we delete your personal information from you and direct our service providers to do the same. There are a number of exceptions, that include, but are not limited to when the information is necessary for us or a third party to do any of the following;
Provide you a good or service
Protect your security and prosecute those responsible for breaching it
Comply with a legal obligation
Resolve disputes
Provide important information to current and former users
Fix our system in case of a bug
Make other internal and lawful uses of information to protect the trust and safety of all users on NextGem
22. Right to Opt Out. NextGem does share personal information with third parties for marketing purposes and permit our marketing partners to collect data directly from you. You may choose to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by following the directions below or using one of the opt out method noted in the “Sale of Information” Section above. Please note that this opt-out does not prohibit disclosure made for non-behavioral advertising purposes.
23. Authorized Agents. Certain state law permits their residents to designate an agent to manage their rights under that state’s law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising Your Rights.” Note that if you do not have an account with NextGem, we may ask for some personal information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient personal information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their personal information to us for the purpose of acting as your agent.
24. Non-Discrimination. We do not discriminate against you because you exercised any your rights under applicable state law or this Privacy Policy; including, but not limited to: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
25. Exercising your Rights. To request access to or deletion of your personal information, please contact us using one of the following methods;
Website: You may visit our Data Subject Rights request page at www.NextGem.com/datasubjectrights to authenticate and complete the form.
Email: You may write to us to exercise rights at support@NextGem.com , by mail to NextGem Legal Departmnet, P.O. Box #216 Sandstone, MN 55072. Please include your full name, email address, and phone number associated with your NextGem account, along with the reason for your request.
26. Contact Us. If you have any questions about this Privacy Policy, please contact us at:
By email: support@NextGem.com
By phone: 888-405-5953
By mail: P.O. Box #216 Sandstone, MN 55072