Privacy Policy
Edited: February 24, 2021
NIKSI COMPANY, LLC is committed to protecting your personal information. If you have any questions or concerns about our use of your Personal Data, please contact us at info@niksilogistics.com and we will gladly assist you. We will keep all non-public information about you that we collect in connection with your use of the software strictly confidential. This does not apply to any updates you have suggested. We want you to understand how we collect, use, share, disclose, and protect the information about you that we collect, use, share, and disclose. By accessing or using this site or/and our services, you consent to the Processing of your Personal Data in the manner described in this Privacy Statement. We reserve the right to modify or supplement this Privacy Statement, so we encourage you to review it on a regular basis.
Definitions
Personal Data – any information pertaining to an identified or identifiable natural person; for California residents, Personal Data is defined below as “Personal Information.”
Processing is defined as any operation or series of operations performed on Personal Data or sets of Personal Data.
The term “data subject” refers to a natural person whose Personal Data is processed.
A child is a natural person who is under the age of sixteen.
We/us (capitalized or uncapitalized) – NIKSI COMPANY, LLC
Personal Information (applicable to California residents; also referred to as “Personal Data” in this Privacy Policy) – any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be associated with, a specific consumer or household, directly or indirectly. Personal Information includes, but is not limited to, the following if it identifies, refers to, describes, is capable of being associated with, or could reasonably be associated with, a specific consumer or household:
• Identifying information – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Commercial information – such as records of personal property, products or services purchased, obtained, or considered, as well as other purchasing or consumption histories indicative of trends
• Biometric Data
• Information about Internet or other electronic network activity – such as browsing history, search history, and information about a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation information
• Information that is audible, electronic, visual, thermal, olfactory, or similar.
• Information pertaining to one’s professional or employment status.
• Inferences drawn from any of the data listed in this definition of Personal Information in order to create a profile about a consumer that reflects the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Personal Information does not include information that is made publicly available through lawful access to government records or information that has been deidentified or aggregated.
Principles of Data Protection
We guarantee that we will adhere to the following data protection principles:
• Processing is legal, equitable, and transparent. Our Processing activities are legal. We always take your rights into account when processing Personal Data. Upon request, we will provide you with information regarding Processing.
• Processing is purpose-specific. Our Processing activities are consistent with the reason for which Personal Data was collected.
• Processing is carried out with a minimum of data. We collect and Process only the bare minimum amount of Personal Data necessary for any purpose.
• Processing is time-limited. We will not retain your personal information for any longer than necessary.
• We will make every effort to ensure the data is accurate.
• We will make every effort to maintain the data’s integrity and confidentiality.
The rights of the data subject
The following rights are available to the Data Subject:
1.Right to information – this means that you have the right to know whether your Personal Data is being processed; what data is being gathered, where it is being gathered, and why and by whom it is being processed.
2.Right of access – this refers to your right to access the data that has been collected from/about you. This includes the right to request and obtain a copy of the Personal Data we have collected about you.
3.Right to rectification – this means that you have the right to request the correction or erasure of inaccurate or incomplete Personal Data.
4.Right to erasure – in certain circumstances, you have the right to request that we delete your Personal Data from our records.
5.Right to data restriction – this means that under certain circumstances, you have the right to request a restriction on the processing of your Personal Data.
6.Right to object to processing – in certain circumstances, such as in the case of direct marketing, you have the right to object to the processing of your Personal Data.
7.Right to object to automated Processing – this means that you have the right to object to automated Processing, including profiling, and to be free from decisions based solely on automated Processing. This is a right that you may exercise whenever the result of the profiling has legal ramifications for or significantly affects you.
8.Right to data portability – you have the right to receive your Personal Data in a machine-readable format or, if technically feasible, in the form of a direct transfer from one Processor to another.
9.Right to lodge a complaint – if we deny your request under the Rights of Access, we will explain why. Please contact us if you are dissatisfied with the way your request was handled.
10.Right to assistance from a supervisory authority – this refers to your right to assistance from a supervisory authority as well as your right to pursue other legal remedies, such as claiming damages.
11.Right to revoke consent – you have the right to revoke any consent you have provided for the Processing of your Personal Data.
We collect data
We have received the information you have provided us with.
NIKSI COMPANY may collect the following types of information from you or about your computer or device (“Information”), which may include information that can be used to identify you (“Personally Identifiable Information”) as specified below:
• Name
• Electronic mail address
• Postal address
• Telephone (or cellular phone) number (s)
• Information about your credit card
• The URL of your blog or website
• The handle or username for a social networking site
• Photo
• Demographic data (e.g., age, gender, interests, and preferences)
• Title of a professional
• Company
• Industry
• NIKSI COMPANY ACTIVITIES OR CONTENT VIEWED
• Automatically collected data ( detailed below )
• Data gathered from Third Parties ( detailed below )
In some instances, we may require you to provide some of the above-mentioned Information in order to obtain specific products or services (such as registering for the Advanced Marketing Program or logging in to download Niksilogistics.com reports). If you choose not to provide the Information we request, you may still use Niksilogistics.com, but certain features or services may be unavailable to you.
When you register to receive products or services from NIKSI COMPANY or otherwise provide information to NIKSI COMPANY, you agree to provide true, accurate, current, and complete information.
Automatically collected information about you
When you visit or interact with our websites, services, mobile applications, or other products, NIKSI COMPANY may automatically collect and log certain types of information, including:
• Information about the browser
• Information about the operating system
• Information about mobile devices (e.g., device identifier, mobile operating system, etc.)
• Internet Protocol (IP) address
• Provider of Internet services
• Viewed content
• Geographical area
• Speed of connection
• Date and time of visit
• The website, application, or service to which you are referring
• Time for registration
These tools collect standard internet log information and visitor behavior information in an anonymous manner through the use of ‘cookies,’ which are text files placed on your computer. The cookie transmits information about your use of the website (including your IP address) to Google and, on occasion, to other vendors. This data is then used to assess how visitors interact with the website and to compile statistical reports on website activity.
We will never use the statistical analytics tool to track or collect personally identifiable information about visitors to our site (and will not allow any third party to do so). Your IP address is not associated with any other data held by the Web Analytics vendors. Neither we nor the web analytics Vendors will attempt to link an IP address to a computer user’s identity. Unless you expressly consent, we will not associate any data gathered with any personally identifying information from any source, with the understanding that this may limit your ability to use the Services.
You can accept or decline cookies by modifying your browser’s settings.
If you provide your website and expressly consent, we will collect information about you.
• Keywords for which your site is ranked
• Volume of clicks
• Volume of searches
• Click volume generated by mobile traffic vs. desktop traffic
Our partners’ information
If you choose to use a third-party website or service that is integrated with NIKSI COMPANY, such as LinkedIn, Facebook, Twitter, Google Analytics, Hotjar, or WordPress (“Third-Party Websites”) – or if you use an NIKSI COMPANY application that is accessible via a Third-Party Website – we may receive Information, including Personally Identifying Information, from such Third-Party Websites, including, but not limited to,
• Name
• Alternate name or username
• Avatar with a photograph or graphic
• Identifier for a Third-Party Website that is unique (e.g., Facebook User ID)
• Information about the author’s biographical or demographic background (e.g. professional title, gender, college attended, etc.)
• Preferences and interests
• Contacts/friends/associations
• Any information that is made publicly accessible through Third-Party Websites
For instance, NIKSI COMPANY may allow you to use certain Third-Party Websites to facilitate your registration on NIKSI COMPANY, and we may also use information about your profile and connections on Third-Party Websites to enable you to share or connect with your friends and contacts on NIKSI COMPANY, or to personalize your experience. Additionally, NIKSI COMPANY makes available “plugins” and “widgets” from a variety of Third-Party Websites that enable you to share NIKSI COMPANY content outside of our service.
When accessing or using NIKSI COMPANY products and services, your choice to use or share information with a Third-Party Website is entirely voluntary. NIKSI COMPANY is not liable for any Third-Party Website’s policies or practices. You should ensure that you are comfortable with the information that such Third-Party Websites may provide to NIKSI COMPANY by reviewing their privacy policies and service terms, as well as by modifying your privacy settings and preferences on those Websites and Services.
This Privacy Policy will apply to any information we receive from Third-Party Websites.
Publicly accessible data
We may collect publicly available information about you.
Personal data transfer to another country
If you access the Services from a country other than the one in which NIKSI COMPANY maintains servers, your communications with NIKSI COMPANY may result in the transfer of your personal data across international borders. Additionally, when you contact NIKSI COMPANY, we may provide support from locations outside of your country of origin. In these instances, your personal information is treated in accordance with this Policy.
How we use your Personally Identifiable Information
We use your Personal Data in the following ways:
• Distribute and support NIKSI COMPANY products and services
• Meet your requests
• Maintain communication with you
• Enhance the quality of our products and services
• Create new products or services
• Customize and personalize your NIKSI COMPANY experience
• Run our business
• Gain an understanding of how users interact with NIKSI COMPANY
• Defend NIKSI COMPANY, our users, or third parties. This includes identifying, preventing, and resolving fraud, abuse, security risks, and technical issues that could jeopardize NIKSI COMPANY, our users, or others.
We process your Personal Data on a lawful basis and with your consent.
We Process your Personal Data for the following purposes on the basis of entering into a contract or performing contractual obligations:
• To uniquely identify you for the purpose of communication
• To perform a service for you or to send/offer you a product.
• To communicate for sales or invoicing purposes
We Process your Personal Data for the following purposes based on our legitimate interests:
• To send you tailored offers (from us and/or carefully selected third parties);
• To manage and analyze our client base (purchase behavior and history) in order to enhance the quality, variety, and accessibility of products/services offered/provided;
• To conduct satisfaction surveys with clients
As long as you have not informed us otherwise, we consider it to be in our legitimate interest to offer you products/services that are similar or identical to your purchasing history/browsing behavior.
We Process your Personal Data with your consent for the following purposes:
• To send you newsletters and promotional offers (on our behalf and/or on behalf of carefully selected partners);
• To compile a database of pertinent search results in order to enhance the quality, variety, and accessibility of our products and services;
• For additional purposes, we have obtained your consent.
We Process your Personal Data to comply with legal obligations and/or to exercise legal rights. We reserve the right to anonymize and use any Personal Data gathered. We will only use data that has been anonymized outside the scope of this Policy. We retain your billing information and other information about you for as long as necessary for accounting purposes or to comply with other legal obligations.
We may process your Personal Data for additional purposes not specified here but that are compatible with the original purpose for which the data was collected. To accomplish this, we will ensure the following:
• The relationship between the purposes, context, and nature of Personal Data makes further Processing possible;
• The additional processing would not be detrimental to your interests; and
• Appropriate safeguards would be in place for Processing.
We will notify you of any additional processing and its purpose.
Who else has access to your Personal Information?
We do not share your Personal Data with unaffiliated third parties. In some cases, we may share personal data about you with our trusted partners to enable us to provide the service to you or to improve your customer experience. We share your information with the following parties:
Our processing partners include the following:
• Siteground
• WPengine
Our business partners include the following:
• NIKSI COMPANY, LLC NIKSI COMPANY, LLC
• NIKSI COMPANY, LIMITED LIABILITY COMPANY
Third Parties Involved:
• Google Adwords
• Google Optimisation
• BigQuery by Google
• The Google API
• Hotjar
• WordPress
• Hubspot
We work with only those Processing partners who are capable of providing an adequate level of protection for your Personal Data. When we are legally required to do so, we disclose your Personal Data to third parties or public officials. We may disclose your Personal Data to third parties with your consent or for other legal reasons, such as business or commercial purposes. Because we may not always be available to provide marketing services, we have developed relationships with businesses that may be able to better serve your marketing needs.
Certain of our products will prompt you to sign in with Google or Facebook in order for us to retrieve information on your behalf. We will not examine your personal information. We reserve the right to aggregate usage data in order to evaluate our applications’ performance, but no personally identifiable information will ever be disclosed to third parties.
Please contact us at info@niksilogistics.com to opt out.
External Hypertext Links
You should be aware that other Internet sites to which NIKSI COMPANY websites or e-mail messages link may contain privacy provisions that differ from those contained in this Policy. To ensure your privacy is protected, we recommend that you read the privacy statements of any other websites, applications, or other digital platforms to which you are linked.
Consumers in Nevada
Nevada law provides consumers with the right to request that a business refrain from selling their personal information. This right exists even if their personal information is not being sold at the time. If you are a Nevada consumer and wish to exercise this right, please complete the form after clicking on this link.
California Residents’ Privacy Rights
NIKSI COMPANY occasionally sells users’ Personal Information to Third Parties for their direct marketing purposes and discloses Personal Information to Third Parties for our business purposes (including within the last 12 months).
If you live in California, you have the following rights:
• Opt-out of the sale of your Personal Information to certain affiliates and third-party marketers. To exercise this right, please complete the form after clicking this link or send an email to info@niksilogistics.com. You are not required to provide proof of identity in order to opt out. – Alternatively, you can visit this page, Do Not Sell My Information.
• Inquire about the categories of your Personal Information that we have collected, used, sold, and/or disclosed to Third Parties for their direct marketing purposes or our business purposes in the preceding twelve months;
• Request that we delete your Personal Information and notify Third Parties to whom we have sold your Personal Information within 90 days prior to your request that you have exercised your right to opt-out, instructing the Third Parties not to sell the information in the future. To ensure that we do not delete information that you do not wish to be deleted, we will require a two-step process in which you will confirm that you wish to delete your Personal Information; and
• Not be subjected to discrimination by us for exercising your California Consumer Privacy Act right to privacy. To make a request for information and/or deletion, call +371 63400855 or click here.
o 1. To protect your privacy, we will verify your identity before providing you with information about how your Personal Information is used. Verification methods will vary according to the sensitivity of the information you request, but will not be more onerous than necessary to protect your Personal Information.
(a) If you have a password-protected account, we may require you to login in order to verify your identity or we may require you to comply with item (b) below.
(b) If you do not have a password-protected account, we will ask you to verify the personal information we store about you.
o 2. If you request specific categories of personal information that we keep, we will require you to match at least two pieces of your Personal Information.
o 3. If you wish to obtain specific pieces of your Personal Information that we maintain, we may require you to match at least three pieces of your Personal Information and sign a declaration confirming your identity under penalty of perjury.
o 4. Request for deletion: Depending on the sensitivity of the information you are requesting to be deleted, we will require that you adhere to either Section 1(a) or 1(b).
o 5. Authorized Agent: An Authorized Agent may exercise your right to know, delete, or opt out, but we will require additional documentation to ensure you granted them permission. The Authorized Agent must provide the following:
(a) Your written authorization and verification of their own identity; or
(b) A Durable Power of Attorney.
How we safeguard your information
We make every effort to safeguard your Personal Data. We communicate and transfer data using secure protocols (such as HTTPS). Wherever possible, we anonymize and pseudonymize data. We constantly monitor our systems for vulnerabilities and attacks. When possible, stored data is encrypted.
Despite our best efforts, we cannot guarantee the security of your information. However, we commit to notifying appropriate authorities in the event of a data breach. Additionally, we will notify you if a threat to your rights or interests exists. We will take all reasonable steps to prevent security breaches and to assist authorities in the event of a breach.
If you have an account with us, please keep your username and password confidential.
Children
We understand the critical nature of protecting children’s privacy. We have no intention of collecting, collecting knowingly, selling, or soliciting Personal Information from anyone under the age of sixteen. Our services are not directed at children. If you are under the age of 16, you are not permitted to use or provide any information on or through the Website or any of its features. If a parent or guardian believes a child under the age of 16 may have provided us with Personal Data online, we ask that they contact us at info@niksilogistics.com.
Our website makes use of cookies and other technologies.
We employ cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and gather demographic information about our users. This is done to enhance and personalize your experience with us.
A cookie is a small text file that your computer stores on your hard drive. Cookies are used to store information that enables websites to function properly. Only we have access to the cookies that our website creates. You can manage cookies on a per-browser basis. Disabling cookies may impair your ability to use certain functions.
Cookies are used by us for the following purposes:
• Required cookies – these cookies enable you to use certain features on our website, such as logging in. These cookies do not collect or store any personally identifiable information.
• Functionality cookies – these cookies enable us to provide you with a more convenient service and to provide you with more personalized features. For instance, they may remember your name and e-mail address from comment forms, preventing you from having to re-enter this information the next time you comment.
• Analytics cookies – these cookies are used to monitor how our website and services are used and performed.
• Advertising cookies – these cookies are used to deliver relevant advertisements based on your location and interests. Additionally, they are used to limit the number of times an advertisement is displayed. They are typically added to websites with the permission of the website operator by advertising networks. These cookies record your visit to a website and share this information with third-party organizations such as advertisers. Often, targeting or advertising cookies are associated with the functionality of the other organization’s website.
The following are the cookies that we use:
• Cookie policy – persistent cookie with a duration of one year – we use this cookie to prevent the cookie policy from being displayed on every page view/visit.
• Google Analytics – persistent cookie – duration of two years – we use Google Analytics to optimize the user experience on our website (you can opt out here)
• Crazy Egg – third-party cookie with a six-month expiration date – we use Crazy Egg to enhance the website’s user experience.
• Redirection cookie – persistent cookie with a one-year expiration date – we redirect you to the language most appropriate for the country from which you are visiting.
• Popup cookie – persistent cookie – duration of one year – we provide you with the option of being notified of new content and marketing materials.
• Subscribers.com – persistent cookie with a ten-year expiration date – you must opt in via your browser in order to receive anything from subscribers, and you can opt out via your browser settings.
• YouTube – persistent cookie – duration of 30 days – we embed YouTube videos on our site to provide additional educational content.
• HubSpot – persistent cookie – duration of two years – we use HubSpot as our CRM to track sales leads.
• OnceHub – persistent cookie with a two-year expiration date – this enables you to book calls with our team.
• Wistia – persistent cookie with a lifespan of one year – we use Wistia to stream educational content.
You can delete cookies from your computer’s hard drive using your browser’s settings. Alternatively, you can manage certain third-party cookies by visiting a privacy-enhancing website such as optout.aboutads.info or youronlinechoices.com. To learn more about cookies, please visit allaboutcookies.org.
Google Analytics is used to track visitor traffic to our website. Google has its own privacy statement, which you can read here. To opt out of Google Analytics tracking, please visit the Google Analytics opt-out page.
Our Policy on “Do Not Track”
We are required by California and Delaware law to inform you of our response to web browser Do Not Track (DNT) signals. We do not monitor or respond to browser DNT signals at the moment because there is no industry or legal standard for recognizing or honoring them.
Clause of Arbitration
Individual Arbitration as the Exclusive Dispute Resolution Mechanism
Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, its breach, termination, enforcement, interpretation, or validity, including the scope or applicability of this agreement to arbitrate, shall be resolved through final and binding individual (not class, representative, or collective) arbitration in San Diego, California, before a single arbitrator. The arbitral proceedings will be conducted in English. The Office of Judicial Arbitration and Mediation Service (“JAMS”) will administer the arbitration. JAMS’s arbitration rules are available on the company’s website, which is currently located at www.jamsadr.com. Any court with jurisdiction may enter judgment on the Award. This clause does not preclude parties from seeking provisional remedies from a court of competent jurisdiction in aid of arbitration.
If you are not a resident of the United States, any dispute, controversy, or claim arising out of or relating to this Privacy Policy, including its formation, interpretation, breach, or termination, as well as the arbitrability of the claims asserted, will be referred to and finally resolved by final and binding individual arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will be chaired by a single arbitrator. The arbitration will take place in San Diego, California. The arbitral proceedings will be conducted in English. Any court with jurisdiction may enter judgment on the arbitrator’s award.
Negotiation Prior to Arbitration
1.The parties agree to make a good faith effort to resolve any dispute arising out of or relating to this Privacy Policy expeditiously through negotiation between persons with the authority to resolve the controversy and who are at a higher level of management than the persons directly responsible for its administration. Any party may notify the other party in writing of any dispute that cannot be resolved in the normal course of business. The receiving party shall provide the other party with a written response within 15 days of receipt of the notice. The notice and response shall include (a) a statement of each party’s position and a summary of the arguments in support of that position, and (b) the name and title of the executive who will represent that party and any other person who will accompany the executive. Within 30 days of the notice’s delivery, the executives of both parties shall meet at a mutually convenient time and location.
2.Unless the negotiating parties agree otherwise in writing, the foregoing negotiation shall conclude at the conclusion of the first meeting of executives described above (“First Meeting”). This conclusion does not preclude further or subsequent negotiations, if desired. All offers, promises, conduct, and statements made during the negotiation by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or undiscoverable as a result of its use in the negotiation.
3.Prior to the First Meeting, neither party may initiate arbitration or litigation regarding this Privacy Policy, except to pursue a provisional remedy authorized by law, JAMS Rules, or the parties’ agreement. This limitation, however, does not apply to a party if the other party fails to comply with the requirements set forth in Paragraph 1 above.
Modification or Revocation Requirements This agreement to arbitrate shall survive the termination of your relationship with NIKSI COMPANY. It may be revoked or modified only through a written agreement signed by NIKSI COMPANY and you that expressly states an intention to revoke or modify this agreement to arbitrate.
Arbitration Clause Covered Claims
NIKSI COMPANY and you agree to resolve all claims or controversies (collectively, the “Claims”) that NIKSI COMPANY may have against you or that you may have against NIKSI COMPANY or any of its predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, as well as their respective past, present, or future officers, directors, employees, stockholders, and representatives, through final and binding arbitration.
Notice of Claims and Statute of Limitations Requirements
NIKSI COMPANY may commence arbitration proceedings against you by serving or mailing you a written notice at your last known address. You may initiate arbitration by serving or mailing a written notice to NIKSI COMPANY that sets forth the specific claims you wish to make against the other party. Notice of any claim to be arbitrated must be served within the applicable federal or state statute of limitations. After serving written notice of the demand for arbitration, the party seeking arbitration shall file the demand with the Office of Judicial Arbitration and Mediation Service (“JAMS”) in San Diego, California.
Confidentiality
The parties shall preserve the confidentiality of the arbitration proceeding and award, if any, including the hearing, except as necessary to prepare for or conduct the arbitration hearing on the merits, or as necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or as otherwise required by law or judicial decision.
Negative Motions
In any arbitration arising out of or relating to this Agreement, the following shall apply:
1.Any party wishing to file a dispositive motion must first submit a brief letter (no more than five pages in length) explaining why the motion is meritorious and how it would expedite and cost-effectively resolve the proceeding. The opposing party will have a limited time period in which to respond.
2.The arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion based on the letters.
3.If the arbitrator grants the motion, he or she will impose page limits on the briefs and establish an expedited schedule for disposition.
4.Under normal circumstances, the pending motion will not serve to stay any aspect of the arbitration or to postpone any pending deadlines.
Requests for Documents
Requests for documents in any arbitration arising out of or relating to this Agreement:
1.Shall be limited to documents that are directly relevant to the case’s significant issues or outcome;
2.Shall be constrained by time constraints, subject matter, and the individuals or entities to whom the requests pertain; and
3.Shall not include broad phrases such as “all documents that are related directly or indirectly.”
E-Discovery
In any arbitration arising out of or relating to this Agreement, the following shall apply:
1.Electronic documents shall be produced solely from sources used in the ordinary course of business. No such documents are required to be produced from backup servers, tapes, or other media unless a compelling need is demonstrated.
2.Unless there is a compelling reason, electronic documents shall be produced using generally available technology in a searchable format that is usable by the party receiving the e-documents and convenient and economical for the party producing the e-documents. Unless there is a compelling reason, the parties are not required to produce metadata, with the exception of email header fields.
3.The description of custodians from whom electronic documents may be collected shall be limited to those individuals whose electronic documents are reasonably expected to contain evidence relevant to the dispute.
4.Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute, the amount in controversy, or the relevance of the materials sought, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the other side the reasonable cost of production, subject to the final award’s allocation of costs.
Interrogatories and Subpoenas. There shall be no interrogatories or requests for admission in any arbitration arising out of or relating to this Agreement.
Governing Law and Authority of the Arbitrator
1.Unless otherwise specified in this Privacy Policy, this Privacy Policy and the Parties’ rights hereunder shall be governed and construed in accordance with the laws of the state of California, without regard for conflict or choice of law rules.
2.The Parties acknowledge that this Privacy Policy reflects an interstate or international commerce transaction. Regardless of the preceding paragraph’s provision regarding applicable substantive law, any arbitration conducted in accordance with the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitrator shall apply the substantive laws (and, if applicable, the law of remedies) of the state of California, federal law, or applicable international law to the asserted claim(s).
3.The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any portion of this Privacy Policy is void or voidable, as well as any issue of arbitrability relating to any matter herein.
4.Except where permitted by statute, the arbitrator is not authorized to award punitive or exemplary damages, and the parties waive any right to recover such damages.
Arbitration Award
The arbitrator’s decision is final and conclusive and is not appealable. The arbitrator shall issue a written arbitration decision setting forth the critical findings and conclusions that underpin the decision and/or award. The arbitrator’s decision or award shall be enforceable in a court of competent jurisdiction. The parties irrevocably stipulate that the arbitral award and proceedings are confidential, and further stipulate that the award and any proceedings papers shall be filed with a court of competent jurisdiction under seal and only for the purpose of enforcing an arbitral award or decision.
Emergency Injunctive and/or Other Equitable Relief Application. JAMS Comprehensive Rules shall govern the appointment of an Emergency Arbitrator to hear and decide an emergency relief request.
WAIVER OF CLASS ACTION/REPRESENTATIVE ACTION PROCEEDINGS
BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING US WITH YOUR INFORMATION, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST NIKSI COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, CO
EXCLUSIVE REMEDY/WAIVER OF JURY TRIAL
IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. BY AGREING TO ARBITRATION, NIKSI COMPANY AND YOU AGREE TO WAIVE ANY CONSTITUTIONAL RIGHT TO A TRIAL BY JURY OR IN COURT FOR COVERED CLAIMS.
Fees and Costs of Arbitration
Each party shall bear its own costs and expenses in any such arbitration, as well as one-half (1/2) of the arbitrator’s fees and costs; however, if NIKSI COMPANY prevails, the arbitrator shall award attorneys’ fees and costs to NIKSI COMPANY. Any arbitration decision or award shall be treated as confidential and may be made public only with the prior written consent of both you and NIKSI COMPANY.
Disposability (Arbitration Clause)
NIKSI COMPANY and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is determined to be invalid, unenforceable, or otherwise ineffective, such determination shall have no effect on the validity of the remaining portion(s) of this Arbitration Clause.
Contact Details
If you have any questions or comments about this Privacy Statement, or if you wish to update any information we have about you or your preferences, please contact us via email at info@niksilogistics.com.
Additionally, you may write to us at:
NIKSI COMPANY, LLC
Liepja, LV-3401 Ludviga iela 10
Disposability (Privacy Policy)
NIKSI COMPANY and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is determined to be invalid, unenforceable, or otherwise ineffective, such determination shall have no effect on the validity of the remaining portion(s) of this Privacy Policy.
Modifications to this Privacy Statement
This Privacy Statement may be updated from time to time and without notice to you. We will prominently display a notice on our Website notifying you of any material changes to our Privacy Policy and will indicate when the Privacy Policy was most recently updated at the top.
