Private Policy

Table of Contents

Welcome to the Nya Kay Beauty Website

Nya Kay Beauty(NKB), LLC is committed to protecting the privacy of personal information (i.e. any information relating to an identified or identifiable natural person) who visit any of the sites owned by NKB which includes, but is not limited to: nyakaybeauty.com (“Site”).  This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by the Site (collectively, “Services”) (“Authorized Customers”). “Personally Identifiable Information” refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We automatically collect Internet Protocol addresses and domain names through our server. We also track the number and frequency of hits per page on an aggregate basis from all of our Visitors. We collect Personally Identifiable Information from our Authorized Customers which is voluntarily provided, such as name and postal address, phone number, e-mail address, and similar information, when participating in certain activities on the Site. We collect Personally Identifiable Information to provide Services to users of the Services; To improve the quality of the lessons through polls, surveys and other similar feedback gathering activities conducted by the Site and/or third parties; To create, manage and control account information, and to verify access rights to the Services; To bill accounts; To communicate via email (subject to your opt-out rights set forth in this Privacy Policy), including without limitation for the purpose of providing information about the Services, or changes or additions to the Services or of the availability of any other services or features we provide; To assess service levels, monitor traffic patterns and gauge popularity of different features and service options of the Services; To enforce this Privacy Policy or our Terms of Service; To protect against fraud or error, and to respond to claims of any violation of our rights or those of any third parties; To respond to requests for customer service; To protect the rights, property or personal safety of us, our Visitors and Authorized Customers; and As required to comply with applicable laws or as authorized by applicable laws. For the purposes of billing accounts (if a paid account) and in order to process payments, the Site utilizes third party payment gateways, such as Paypal, Stripe, Square and WooCommerce, who will utilize credit card and other payment information in accordance with their respective privacy policies. NKB shall not be liable to any person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of such payment information, including credit card information. We do not knowingly collect information from children under the age of 13.

How does the Site use Personally Identifiable Information?

We use anonymous data to identify the source of user traffic, but we are not able to use this data to identify individual users. We use data on which sections of the Site are most visited, so that we can evaluate the popularity of our different Web pages and continue to improve the Site. We do not link any anonymous data with the Personally Identifiable Information provided to us. We use Personally Identifiable Information for various purposes, including: to contact Visitors and Authorized Customers in response to specific inquiries, to fulfill the request for which the data was specifically provided; to send email newsletters or action alerts if not opted out from receiving that information. Personally Identifiable Information may be stored and processed in any country where we have Nya Kay Beauty or in which we engage third party service providers. By using the Services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. Information is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding Personally Identifiable Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”) requirements providing adequate protection for the transfer of Personally Identifiable Information from the EU/EEA to third country. We may occasionally communicate regarding our products, services, news and events. Authorized Customers have the option to not receive this information. We provide an opt-out function within all email communications of this nature for the purpose to cease communication of this information. The only kind of these communications that  Authorized Customers may not “opt-out” of are those required to communicate announcements related to the Services, including information specific to Accounts, planned Services suspensions and outages. We will attempt to minimize this type of communications.

How is Personally Identifiable Information stored and secured?

The Personally Identifiable Information we collect is stored on a secure, password protected server. We use industry-standard encryption technologies with respect to the receipt and transfer of Personally Identifiable Information to us on the Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet can be guaranteed to be 100% secure. All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

Rights to your Personally Identifiable Information

Visitors and Authorized Customers have the right to access and edit your information at any time through the web interface provided.  On written request and subject to proof of identity, you may access the Personally Identifiable Information that we hold, used or communicated and ask that any necessary deletions and/or corrections be made, where applicable, as authorized or required by law. However, to make sure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any change in your Personally Identifiable Information by emailing [email protected].  Because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers. Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of personal information about you, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection.

Security and Retention?

We will strive to prevent unauthorized access to your Personally Identifiable Information, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We maintain reasonable security procedures and practices (based on the nature of the information we collect) to protect that information from unauthorized disclosure. We will continue to enhance security procedures as new technologies and procedures become available. We strongly recommend that you do not disclose your password to anyone. Please remember that you control what personal information you provide while using the Site. Ultimately, you are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in your possession for the use of the Site and/or Services. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Site. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Site, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Site. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others. We will maintain your personal information for as long as they are needed, or as required by applicable laws, regulations, or government orders.

Are Cookies Used on the Site?

Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off.

What happens if the Privacy Policy Changes?

We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site.  Amendments to this Privacy Policy will be posted to the Site and/or Services and will be effective when posted. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.  Your continued use of the Site and/or Services following the posting of any amendment to this Privacy Policy shall constitute your acceptance of such amendment.

Links to Third Party Site

This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
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