Privacy Policy

Next Level Ventures LLC dba “AVD” and “Advanced Vapor Devices”, together with its affiliates (hereafter “AVD”, “our,” “we,” or “us”) have adopted certain rules and policies (“Rules and Policies”) that apply to our websites, mobile applications, social media sites and physical locations and premises (collectively, our “Platform”). We also have Rules and Policies that govern the distribution and sale of our products (see “General Terms and Conditions of Sale”).

By visiting and using the Platform, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:

• General Terms and Conditions of Use (last revised October 1, 2020)
• Privacy Policy (last revised October 1, 2020) (October 1, 2020)
• General Terms and Conditions of Sale (last revised October 1, 2020)
• Commercial Limited Warranty (last revised October 1, 2020)
• End User Limited Warranty (last revised October 1, 2020)

Compliance with other Rules and Policies. You acknowledge that you have read and agree to the terms of our other Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.

It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate any AVD account(s) you may have by providing us with your notice of termination (see Contact Us). Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.

Privacy Statement
1. Responsible AVD entity
AVD is the controller of your Personal Data as described in this Privacy Statement, unless specified otherwise. This Privacy Statement does not apply to the extent we process Personal Data in the role of a processor or service provider on behalf of our customers. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Statement.

2. Processing activities covered
This Privacy Statement applies to the processing of Personal Data collected by us when you:

Visit our websites that display or link to this Privacy Statement;
Visit our branded social media pages;
Visit our offices;
Receive communications from us, including emails, phone calls, texts or fax;
Register for, attend or take part in our events, webinars, or contests; or
Participate in any community and open source development activities.
Our websites and services may contain links to other websites, applications, and services maintained by third parties. The information practices of other services, or of social media platforms that host our branded social media pages, are governed by their privacy statements, which you should review to better understand their privacy practices.

3. What Personal Data do we collect?
3.1 Personal Data we collect directly from you
The Personal Data we collect directly from you includes identifiers, professional or employment-related information, financial account information, commercial information, visual information, and internet activity information. We collect such information in the following situations:
If you express an interest in obtaining additional information about our products or services, including but not limited to requests for sample products; request customer support; use our “Contact Us” or similar features; register to use our websites; sign up for an event, webinar or contest; or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password;
If you make purchases via our websites or register for an event or webinar, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
If you attend an event, we may, with your further consent, scan your attendee badge, which will provide to us your information, such as name, title, company name, address, country, phone number and email address;
If you register for an online community that we host, we may ask you to provide a username, photo or other biographical information, such as your occupation, location, social media profiles, company name, areas of expertise and interests;
If you interact with our websites or emails, we automatically collect information about your device and your usage of our websites or emails (such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Data (please see the “What device and usage data we process” section, below) using cookies, web beacons, or similar technologies;
If you use and interact with our services, we automatically collect information about your device and your usage of our services through log files and other technologies, some of which may qualify as Personal Data (please see the “What device and usage data we process” section, below);
If you voluntarily submit certain information to our services, such as filling out a survey about your user experience, we collect the information you have provided as part of that request; and
If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival.
If you provide us or our service providers with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it may be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly or want to exercise your rights relating to your Personal Data, please contact us.

3.2 Personal Data we collect from other sources
We may also collect information about you from other sources including third parties from whom we purchase Personal Data and from publicly available information.  We may combine this information with Personal Data provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. The Personal Data we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. In particular, we collect such Personal Data from the following sources:

• Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information; and
• Another individual at your organization who may provide us with your business contact information for the purposes of obtaining services.

4. What device and usage data we process?
We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons, pixels, and similar technologies to automatically collect information that may contain Personal Data as you navigate our websites, our services, or interact with emails we have sent to you.

4.1 Device and usage data
As is true of most websites, we gather certain information automatically when individual users visit our websites. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider and/or mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites. This information is used to analyze overall trends, help us provide and improve our websites, offer a tailored experience for website users, and secure and maintain our websites.

4.2 Cookies, web beacons and other tracking technologies on our website and in email communications
We use technologies such as web beacons, pixels, tags, and JavaScript, alone or in conjunction with cookies, to gather information about the use of our websites and how people interact with our emails.

When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience.
We use both session-based and persistent cookies on our websites. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off.  You can control the use of cookies on your device but choosing to disable cookies on your device may limit your ability to use some features on our websites and services.

We also use web beacons and pixels on our websites and in emails. For example, we may place a pixel in marketing emails that notify us when you click on a link in the email. We use these technologies to operate and improve our websites and marketing emails.

The following describes how we use different categories of cookies and similar technologies and your options for managing the data collection settings of these technologies:

4.3 Notices on behavioral advertising and opt-out for website visitors
As described above, we or one of our authorized partners may place or read cookies on your device when you visit our websites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). To learn more about targeted advertising and advertising networks please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here.

To learn how to manage privacy and storage settings for Flash cookies, click here. Various browsers may also offer their own management tools for removing HTML5 local storage.

4.4 Opt-Out from the setting of cookies on your individual browser
In many cases you may opt-out from the collection of non-essential device and usage data on your web browser (see the “What device and usage data we process” section, above) by managing your cookies at the browser or device level. In addition, if you wish to opt-out of interest-based advertising, click here (or, if located in the European Union, click here).  Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the websites.

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard adopted by industry groups, technology companies, or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites.

4.5 Social Media Features
Our websites may use social media features, such as the Facebook “like” button, the “Tweet” button and other sharing widgets (“Social Media Features”). Social Media Features may allow you to post information about your activities on our website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on our website. To the extent the Social Media Features are hosted by the platforms themselves, and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.

AVD may allow you to log in to certain of our websites using sign-in services like Facebook Connect. These services authenticate your identity and provide you the option to share certain Personal Data from these services with us such as your name and email address to pre-populate our sign-up form.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing them.

4.6 Telephony log information
If you use certain features of our services on a mobile device, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).

5. Purposes for which we process Personal Data and the legal bases on which we rely
We collect and process your Personal Data for the purposes and on the legal bases identified in the following:

• Providing our websites, products and services: We process your Personal Data to perform our contract with you for the use of our websites, products and services and to fulfill our obligations under the applicable terms of use and service; if we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites and to provide you with content you access and request (e.g., to download content from our websites);
• Promoting the security of our websites and services: We process your Personal Data by tracking use of our websites and services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
• Providing necessary functionality: We process your Personal Data to perform our contract with you for the use of our websites and services; if we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to provide you with the necessary functionality required for your use of our websites and services;
• Managing user registrations: If you have registered for an account with us, we process your Personal Data by managing your user account for the purpose of performing our contract with you according to applicable terms of service;
• Handling contact and user support requests: If you fill out a “Contact Me” web form or request user support, or if you contact us by other means including via a phone call, we process your Personal Data to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
• Managing event registrations and attendance: We process your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform our contract with you;
• Managing contests or promotions: If you register for a contest or promotion, we process your Personal Data to perform our contract with you. Some contests or promotions have additional rules containing information about how we will process your Personal Data;
• Managing payments: If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;
• Developing and improving our websites and services: We process your Personal Data to analyze trends and to track your usage of and interactions with our websites and services to the extent it is necessary for our legitimate interest in developing and improving our websites and services and providing our users with more relevant content and service offerings, or where we seek your valid consent;
• Assessing and improving user experience: We process device and usage data as described in Section 4.1 above, which in some cases may be associated with your Personal Data, to analyze trends and assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent;
• Reviewing compliance with applicable usage terms: We process your Personal Data to review compliance with the applicable usage terms in our customer’s contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;
• Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of our services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering;
• Identifying customer opportunities: We process your Personal Data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences;
• Registering office visitors: We process your Personal Data for security reasons, to register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access;
• Displaying personalized advertisements and content: We process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our websites or, where necessary, to the extent you have provided your prior consent (please see the “Your rights relating to your Personal Data” section, below, to learn how you can control how the processing of your Personal Data by AVD for personalized advertising purposes);
• Sending marketing communications: We will process your Personal Data or device and usage data, which in some cases may be associated with your Personal Data, to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent (please see the “Your rights relating to your Personal Data” section, below, to learn how you can control the processing of your Personal Data by AVD for marketing purposes); and
• Complying with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.

If we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you.

6. Who do we share Personal Data with?
We may share your Personal Data as follows:

• Service Providers: With our contracted service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above;
• Affiliates: If you use our websites to register for an event or webinar organized by one of our affiliates, we may share your Personal Data with the affiliate to the extent this is required on the basis of the affiliate’s contract with you to process your registration and ensure your participation in the event; in such instances, our affiliate will process the relevant Personal Data as a separate controller and will provide you with further information on the processing of your Personal Data, where required.
• Event Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our website, we may share your Personal Data with sponsors of the event. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors’ privacy statements. If you do not wish for your information to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 10 below;
• Contest and Promotion Sponsors: With sponsors of contests or promotions for which you register;
• Third party networks and websites: With third-party social media networks, advertising networks and websites, so that AVD can market and advertise on third party platforms and websites;
• Professional Advisers: In individual instances, we may share your Personal Data with professional advisers acting as service providers, processors, or joint controllers – including lawyers, bankers, auditors, and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Personal Data;
• AVD Group Companies: With affiliates within the AVD corporate group and companies that we acquire in the future after they are made part of the AVD corporate group, to the extent such sharing of data is necessary to fulfill a request you have submitted via our websites or for customer support, marketing, technical operations and account management purposes; and
• Third Parties Involved in a Corporate Transaction: If we are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to an unaffiliated third party.

We may also share anonymous or de-identified usage data with AVD’s service providers for the purpose of helping AVD in such analysis and improvements. Additionally, AVD may share such anonymous or de-identified usage data on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services.

Anyone using our communities, forums, blogs, or chat rooms on our websites may read any Personal Data or other information you choose to submit and post.
For more information on the recipients of your Personal Data, please contact us.

7. International transfer of Personal Data
Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates and third-parties disclosed in Section 6, above, that are based in other countries.

Therefore, your Personal Data may be processed outside your jurisdiction, and in countries that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection as your jurisdiction, such as the EEA.

8. Children
Our websites are not directed at children. We do not knowingly collect Personal Data from persons under the age of 18. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us and we will take steps to delete their Personal Data from our systems.

9. How long do we keep your Personal Data?
We may retain your Personal Data for a period of time consistent with the original purpose of collection (see the “Purposes for which we process Personal Data and the legal bases on which we rely” section, above) or as long as required to fulfill our legal obligations. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation).

After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data.

For more information on data retention periods, please contact us.

10. Your rights relating to your Personal Data

10.1 Your rights

You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws these rights may include the right to:

• Access your Personal Data held by us;
• Know more about how we processed your Personal Data;
• Rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete;
• Erase or delete your Personal Data (also referred to as the right to be forgotten), to the extent permitted by applicable data protection laws;
• Restrict our processing of your Personal Data, to the extent permitted by law;
• Transfer your Personal Data to another controller, to the extent possible (right to data portability);
• Object to any processing of your Personal Data carried out on the basis of our legitimate interests. Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
• Opt out of certain disclosures of your Personal Data to third parties;
• If you’re under the age of 16, opt in to certain disclosures of your Personal Data to third parties;
• Not be discriminated against for exercising your rights described above;
• Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”).
• Automated Decision-Making currently does not take place on our websites or in our services; and
• Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal.

10.2 How to exercise your rights
To exercise your rights, please contact us by using the information in the “Contacting us” section, below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request.
Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.

To update your billing information, discontinue your account or request return or deletion of your Personal Data and other information associated with your account, please contact us.

10.4 Your preferences for email and SMS marketing communications
If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from AVD by clicking on the “unsubscribe” link located on the bottom of AVD marketing emails, by replying or texting ‘STOP’ if you receive AVD SMS communications.

Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.

11. How we secure your Personal Data
We take precautions including organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use.

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us.

12. Additional Disclosures for California Residents
The California Consumer Privacy Act requires businesses to disclose whether they sell Personal Data. As of the most recent revision date of this Privacy Policy set forth above, AVD does not meet the definition of a business covered by the CCPA and is therefore not required to comply with the CCPA.

Even though AVD is not a business required to comply with the CCPA, we do not sell Personal Data.  We may share Personal Data with third parties or allow them to collect Personal Data from our sites or Services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data, or if you use AVD sites or Services to interact with third parties or direct us to disclose your Personal Data to third parties.

At such time as AVD meets the definition of a business required the CCPA, California law would require that AVD provide the following:
That we detail the categories of Personal Data that we share or disclose for certain “business purposes,” such as disclosures to service providers that assist us with securing our services or marketing our products. We currently disclose the following categories of Personal Data for our business purposes:

• Identifiers;
• Commercial information;
• Internet activity information;
• Financial information;
• Professional and employment-related information;
• Education information; and
• Inferences drawn from any of the above information categories.
• California law grants state residents certain rights, including the rights to access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, and not to be denied goods or services for exercising these rights.

California law grants California residents under the age of 18 who have registered for an account with us the right to ask us to remove content or information that you have posted to our website(s). Please note that such a request may not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.

13. Additional Disclosures for Residents of the European Economic Area (EEA)
The General Data Protective Regulation (GDPR) gives users in the European Economic Area (EEA) certain rights over the personal information they share with businesses, and penalizes companies that are negligent with this data. As of the most recent revision date of this Privacy Policy set forth above, AVD does not meet the definition of a business covered by the GDPR and is therefore not required to comply with the GDPR. At such time as AVD meets the definition of a business required to comply with the GDPR, we will revise our Privacy Policy accordingly.

14. Questions and Comments.
If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us at the address of our headquarters provided below:

Next Level Ventures LLC
3131 Western Avenue, Suite 325
Seattle, WA 98121
(415) 320-6209
[email protected]

© 2020 Next Level Ventures LLC. All rights reserved. The products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. “AVD” and “Advanced Vapor Devices” and other marks indicated on our Platform and the logo forms of the foregoing marks are trademarks and/or service marks of Next Level Ventures LLC and may be registered in the United States or in other jurisdictions including internationally.