PRIVACY POLICY
Last Updated: February 1, 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Note for California Residents: This Privacy Policy describes how we process your Personal Information (as defined below) and your rights and choices over our processing. In addition, Section 11 contains specific details related to your privacy rights under California law, including your right to opt out of “sales” of Personal Information.
Welcome
Welcome to our website located at https://www.nextlevellit.com/consultation (the “Site”), which is owned and operated by JL Stermer (“we,” “us,” or “our”). We offer one-on-one consultation services for writers, designed to meet writers wherever they are at and help them get to the next level of their careers. The Site and any other programs, offerings, and services that we may offer from time-to-time shall be collectively referred to as the “Services”.
Introduction
Your privacy is our top priority. We created this privacy policy (“Privacy Policy”) to be as transparent as possible about how we process the data we collect through the Site, and from our users, visitors, or anyone else otherwise interacting with us or our Services. This Privacy Policy does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Services. This Privacy Policy explains the rights and choices available to you with respect to your Personal Information (as defined in Section 1 below). This Privacy Policy along with our Terms of Service located at https://www.nextlevellit.com/consultation (the “Terms”), form a binding agreement between you and us (collectively, the “Agreement”). By purchasing any Services, or otherwise visiting, browsing, accessing, or using the Services directly or as a parent or legal guardian on behalf of a minor child, you (also referred herein to as a “user” or “you”) acknowledge that you have read, understood, accept, and agree to abide by the Agreement. If you do not agree to (or cannot comply with) this Privacy Policy or any other element of the Agreement, you are not permitted to use or access the Site or any other Services we may offer.
Click on the links below to jump directly to the applicable Sections of the Privacy Policy:
1. Personal Information
In this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with a particular consumer, household, or electronic device including, without limitation, computer, tablet, mobile phone, or any other device capable of accessing the Services (collectively, “Device”). Anonymous, de-identified, or statistical aggregate information is not Personal Information. In some jurisdictions, business contact information may be included in the definition of Personal Information.
2. Personal Information We Collect
We may collect Personal Information from and about users in a variety of ways. This includes:
User-Provided Personal Information
We often receive Personal Information because you provide it to us. Such Personal Information broadly falls into the following categories:
(a) Contact Information: Your full name, email address, mailing address, and phone number that you provide to us, for example, when you complete the short intake survey (“Survey”).
(b) Purchase Information: Payment information (such as credit card number), order details, delivery information (such as shipping and delivery address) that you may provide to us when you purchase any Services (if applicable).
(c) Communications Information: Any details of your interactions with us in connection with the Services.
It is your decision what kind of Personal Information you provide to us. You may choose not to provide certain Personal Information, but then you might not be able to take advantage of many of our features.
Personal Information Automatically Collected
Like most online services, we automatically receive standard technical information when you interact with the Services, which may constitute Personal Information, including information about your Device, such as the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and your Device, date/time stamp, IP address, webpages visited and actions taken on webpages, time of visits, the website(s), application(s), destination(s), and service(s) you arrived from, and other clickstream data.
We use WIX, a web analytics service, to help us analyze how users interact with the Site. Each time you visit the Site, information about the Device you use to access our Site and how you use the Site, such as your IP address, geographical location, length of visit, and pages viewed is automatically gathered (collectively, “Web Analytical Information”). The Web Analytical Information generated by WIX will be transmitted to and stored by WIX and will be subject to WIX.com’s Privacy Policy.
Personal Information Acquired Elsewhere
We may also acquire your Personal Information offline, from third parties or otherwise outside of the Services. For example:
Third-Party Applications: If you access our Services through a third-party application, such as Social Networking Sites (“SNS”) such as Instagram, Twitter, or Facebook, we may collect data about you from that third-party application that you have made public via your privacy settings. This may include: your name, your SNS user ID, location, sex, birthdate, email, profile picture, or your contacts on the SNS.
3. How We Use and Share Your Personal Information
We do not use or share your Personal Information except as explicitly described in this Privacy Policy. We may use, share, transfer, or disclose your Personal Information, if you consent to us doing so, which consent may be express or implied as required in the circumstances, as well as in the following circumstances:
(a) To provide you with the Services: Including to verify your identity, process your Survey, and to provide you with access to our Services.
(b) To communicate with you: Including for administrative matters (such as updates to terms, scheduling consultations, or system maintenance), to provide you with information about the Services, and to respond to any questions, comments, or requests from you about the Services.
(c) To send you marketing: As permitted by applicable law, we may use Personal Information we obtain about you for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable, or otherwise of interest to you. Where required under applicable law, we’ll obtain your prior opt-in consent to send you electronic marketing communications. Please see Section 6 below for how to unsubscribe from marketing communications.
(d) To send you email updates: As permitted by applicable law, you will be added to our email list automatically when you sign up for our Services. Email and other announcements may be sent through a third-party email service provider, which may use web beacons to track your interactions with our email messages. For example, whether the email is opened or clicked. We may have access to this tracking information.
(e) To ensure the security and integrity of our Services: Including to detect and combat any abuse or any harmful activity, fraud, spam, and illegal activity affecting our Services.
(f) To comply with health, safety, and legal requests: We may access, use, disclose, and share your Personal Information for purposes of health, safety, and other matters in the public interest. This includes if we believe such disclosure to be necessary or appropriate to: (i) comply with applicable law; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) protect our rights, privacy, safety, or property, and that of our users or any other applicable third-parties; and (iv) allow us to pursue available remedies or limit the damages that we may sustain. We will not share your Personal Information with law enforcement absent a warrant or comparable court order specifically requesting an individual’s Personal Information. We may also use Personal Information to protect our rights and property and those of our users, customers, and others including to enforce the Agreement.
(g) To improve our Site’s performance: Including to fix any errors, help diagnose problems with servers, prevent and detect fraud and abuse, and analyze how you use the Site.
(h) For WIX tracking: WIX uses “Cookies,” which are text files placed on your computer to help analyze how visitors use the Site. (You can read more about cookies in Section 5 below). The information generated by the Cookie about your use of the Site (including your IP address) will be transmitted to and stored by WIX on servers in the United States. WIX will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and those providing other services relating to activity on the Site and internet usage generally. WIX may also transfer this information to third parties where required to do so by law. WIX will not associate your IP address with any other data held by WIX. You may refuse the use of Cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by WIX in the manner and for the purposes set out above.
(i) For any other lawful business purpose: We may use your Personal Information to create aggregate or statistical information that does not directly identify a specific person, and we may share that information. For example, we may share anonymous and aggregated reports and information on user demographics and traffic patterns with third parties. This aggregated information does not constitute Personal Information or identify any individuals.
Access by Third Parties Services Providers
As permitted by applicable law, we allow access to your Personal Information by authorized third party service providers (“Service Providers”) that perform services for us, but only for the purpose of and to the extent necessary to perform those services. By way of illustration, Service Providers may help us with fraud prevention, technical maintenance, database management, and payment processing. While we may seek to require Service Providers to follow appropriate privacy practices and procedures and will not authorize them to use your Personal Information except for the express purpose for which such information is provided, you acknowledge and agree that we do not bear any responsibility for any actions of such third parties.
4. Opt-Out of Marketing
How to Opt-Out of Marketing Messages from Us
If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from us by postal mail for up to sixty (60) days, and up to ten (10) days for email. But please note you may continue to receive certain communications from us that are necessary for the Services, such as invoices, technical notices, updates, security alerts, and support and administrative service bulletins (as applicable).
5. Cookies and Related Tracking Technologies
Like many websites, when you visit our Site, or otherwise use the Services, we or our Service Providers may use Cookies or similar tracking technologies such as pixel tags/web beacons and social media widgets to collect and use Personal Information about you, including for analytics purposes and to serve you interest-based advertising. Cookies are pieces of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience with our Services. When you visit a website, that website asks your computer for permission to store this file in a part of your hard drive specifically designated for Cookies. We may use Cookies in connection with the Services in a way that collects Personal Information for the purposes described in the respective privacy policies, including, without limitation, to determine whether you have seen a particular advertisement before on the same or different Device and to otherwise control and tailor the display of ads to you based on your preferences, to track the movements of users through the Services and elsewhere on the web or across apps, devices, and geographic locations, to help diagnose problems with servers, to gather broad demographic information, and to otherwise administer the Services. By using this Site, you consent to our use of Cookies and other such unique identifiers in accordance with this Privacy Policy. We reserve the right to retain Cookie data indefinitely.
You May Disable Cookies
If you do not want Cookies, your Device or browser may include an option that allows you to not accept it. However, if you disable Cookies, some portions of the Service may not function properly.
Please be advised that the use of technology on the Internet, including Cookies, is rapidly developing. We strongly encourage you to revisit this Privacy Policy for any updates regarding our implementation and use of any such new technological developments.
6. Your Rights
Consent
If we have collected and process your Personal Information with your consent (including any sensitive or special category data), then you can withdraw your consent at any time by contacting us using the details provided in Section 16 below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent (please see Legal Basis for Processing in Section 9 below).
Direct Marketing
We may send marketing communications for purposes notified to you (including as specified in Section 3 above) and, where required by applicable law, with your consent. You can unsubscribe from direct marketing at any time by following the instructions below or by contacting us using the details provided in Section 16 below. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Unsubscribe options are provided in electronic marketing communications as required by applicable law.
Email Unsubscribe
You can unsubscribe from email communications at any time. To stop receiving our promotional email messages, please follow the unsubscribe instructions in the email messages you receive from us or contact us using the details provided in Section 16 below. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have preciously requested. We may also send you certain non-promotional communications regarding our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to this Privacy Policy).
“Do Not Track”
Your browser setting may allow you to automatically transmit a “Do Not Track” (or “DNT”) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our users’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when the Services receive a DNT signal from a user’s browser. As further discussed below, you may opt out of the use of your Personal Information for online behavioral advertising by third parties at any time.
Your rights to access and manage Personal Information
We recognize the importance of your Personal Information and provide simple ways for you to exercise the following rights: access (right to know), portability, rectification (correction or update), deletion (erasure), object and to restrict processing.
7. How We Store Your Personal Information
The security of your Personal Information is extremely important to us. We use reasonable and appropriate measures to protect this data from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Information we collect. We will keep your Personal Information for as long as needed, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint about a feature or offering made available through the Services) for as long as necessary to protect us from a legal claim.
8. Protecting Children’s Privacy
We are strongly committed to protecting the safety and privacy of children who visit our Site. Our Site is not designed for, directed towards, nor intended to be used by children under 13. We do not knowingly collect Personal Information online from children under 13 and no information provided on the Site is used to behaviorally target children. We have adopted techniques to ensure compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). On occasion, however, we may unknowingly collect Personal Information, such as an email address from a child on the Site. We encourage all parents and legal guardians to (a) talk to their children about online safety; (b) monitor their children’s use of the Internet; and (c) instruct their children to never provide Personal Information without the parent or legal guardian’s permission. Under COPPA, all parents and legal guardians have the right to review and have any of their child’s information deleted from our records. If you have reason to believe that a child under the age of 13 has provided Personal Information on or otherwise accessed or used the Site, please email us at: jlstermer@nextlevellit.com, and we will take steps to delete such information from our files as soon as possible.
9. How We Protect Your Personal Information
We are committed to making your use of our Services as safe as possible. Your Personal Information is contained behind secured networks of our Service Providers and is only accessible by a limited number of administrators who have special access rights to such systems and are required to keep the information confidential. Unfortunately, no security system is impenetrable on the Internet. We cannot guarantee that our databases or the databases of any Service Providers with whom we share your data (as permitted hereunder) is 100% secure, and we cannot ensure or warrant the security of any information you provide to us via the Site or in connection with the Services. You acknowledge and agree that we do not accept liability for unintentional disclosure of your Personal Information. Therefore, you should take special care in deciding what information you share with us. For security purposes, please do not include your social security number or other sensitive information in communications with us
Legal Basis for Processing
Our legal basis for collecting and using the Personal Information described above will depend on the applicable laws and the specific context in which we collect such data. We will normally collect Personal Information from you only (a) where we need the Personal Information to perform a contract with you (e.g., to provide our Services); (b) where the processing is in our legitimate interests and such interests are not overridden by your rights; or (c) where we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another third party. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information). If we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you as necessary to provide our Services to you, and for our legitimate commercial interests such as responding to your queries, improving our Services, and preventing illegal activities. We may have other legitimate interests and we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, you can contact us using the details provided in Section 16 below.
10. International Users of the Site
The Site is based in the United States, with our servers and offices headquartered in the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
11. Your California Privacy Rights
If you are a California consumer, you are entitled to certain information and have certain rights under the California Consumer Privacy Act (“CCPA”). Pursuant to the CCPA, you have the right to send us a request, no more than twice in a 12-month period, for any of the following for the period that is 12 months prior to the request date:
(a) The categories of Personal Information we have collected about you.
(b) The categories of sources from which we collected your Personal Information.
(c) The business or commercial purposes for our collecting your Personal Information.
(d) The categories of third parties to whom we have shared your Personal Information.
(e) The specific pieces of Personal Information we have collected about you.
(f) A list of the categories of Personal Information disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
(g) A list of the categories of Personal Information sold about you in the prior 12 months, or that no sale occurred. (For clarity, we have no plans to sell your Personal Information.)
You have the right to make or obtain a transportable copy, no more than twice in a 12-month period, of your Personal Information that we have collected in the period that is 12 months prior to the request date and are maintaining. Based on the foregoing, we are providing the following additional details regarding the categories of Personal Information about California residents that we have or may have collected or disclosed within the preceding 12 months.
We collected the following categories of Personal Information:
(a) Personal Information and online identifiers, as defined in the California customer records law, such as name and contact information;
(b) Identifying information such as your name, email address, postal address, and phone number;
(c) The IP address used to connect your computer to the internet;
(d) The location of your Device;
(e) The Computer type (e.g., Windows or Mac);
(f) Browser type and version;
(g) Operating system, version, and time zone settings; and
(h) The full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time, page response times, download errors, length of visits to certain pages, and page interaction information (e.g., scrolling, clicks, and mouse-overs).
We may use this Personal Information to operate, manage, and maintain our business, to provide our Services, and to accomplish our business purposes and objectives, including, for example, using Personal Information to:
(a) develop, improve, repair, and maintain our Services;
(b) personalize and market our Services;
(c) conduct research, analytics, or data analysis;
(d) maintain our facilities and infrastructure;
(e) undertake quality and safety assurance measures;
(f) conduct risk and security control and monitoring;
(g) detect and prevent fraud;
(h) comply with law, legal process, and internal policies;
(i) maintain records; and
(j) exercise and defend legal claims.
We may disclose the following Personal Information to third parties for operational business purposes:
(a) The email addresses you enter on our Site;
(b) Identifying information such as your name, postal address, and phone number;
(c) The IP address used to connect your Device to the internet and the location of such Device;
(d) The location of your Device;
(e) Browser type and version;
(f) Operating system, version, and time zone settings; and
(g) The full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time, page response times, download errors, length of visits to certain pages, and page interaction information (e.g., scrolling, clicks, and mouse-overs).
As described above, we share Personal Information with our Service Providers for various services such as website design and hosting, data analysis, information technology and related infrastructure provision, and payment processing.
If you are a California resident, you have the right to request that we disclose what Personal Information it has collected, used, disclosed, and sold over the 12-month period preceding our receipt of such a request. You also have the right to request the deletion of your Personal Information collected or maintained by us. To exercise this right, please email us at: jlstermer@nextelevellit.com.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not (a) deny you Services; (b) charge you different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of Services; or (d) suggest that you may receive a different price or rate for Services or a different level or quality of Services.
Additional California Consumer Rights
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs.
12. Notice to Nevada Users
Under Nevada law, Nevada residents may opt out of the “sale” of certain “covered information” (as defined under Nevada law) collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by Nevada law, and we do not have plans to sell this information.
13. Conditions of Use, Notices, and Revisions
If you choose to use our Site or Services, your use of and any dispute over privacy are subject to this Privacy Policy, and our Terms including limitations on damages, resolution of disputes, and application of the law of the state of New York. If you have any concern about our privacy practices, please contact us via email at: jlstermer@nextlevellit.com with a thorough description, and we will try to resolve it as expeditiously as possible.
We may in our sole discretion change the contents of our Privacy Policy from time-to-time; provided, that we will notify you of such changes by any reasonable means, including by posting a revised Privacy Policy through the Site. We will also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Privacy Policy incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to the Privacy Policy will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES. The “Last updated” legend above indicates when the Privacy Policy has last been changed.
The version of the Privacy Policy posted on our Site on each respective date you visit the Site will be the Privacy Policy applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of our Privacy Policy and Terms shall be deemed to be the true, complete, valid, and authentic copies of the version of the Privacy Policy and Terms that were in force on each respective date you visited the Site. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site or Services via any third-party links); change, modify, or waive any fees required to use the Site or Services; or offer opportunities to some or all Site users.
14. Reviewing, Correcting, or Deleting Your Personal Information
If you would like to know if we have any of your Personal Information, would like to review, correct, or delete any such Personal Information we have collected from you, or if you no longer wish to continue with us, please email us at jlstermer@nextlevellit.com. Please note that in order to protect your privacy and security we will take reasonable steps to help verify your identity before granting any access for purposes of review, making corrections or deletions.
15. Miscellaneous
If any condition of any part of this Privacy Policy shall be deemed invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining portion of the Privacy Policy. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof. This Privacy Policy along with our Terms constitute the entire agreement between you and us with respect to your use of the Site, the Services and all Content included therein, and supersedes all prior understandings or agreements between you and us, whether written or oral. You agree that, in providing you with access to and use of the Site, the Services and all Content included therein, we have relied on your acceptance of this Privacy Policy.
16. How to Contact Us
For any other legal information concerning your access to, use of, or purchases made on the Site or the way we may use and collect your Personal Information (as defined in our Terms), please read the Terms, which is incorporated into this Privacy Policy by this reference. For more information about the Site, and our Services, if you have questions, or if you would like to make a complaint, please contact us by email at jlstermer@nextlevellit.com, or by postal mail at: Next Level Lit, 151 Furst Avenue, New York, NY, 10003; #298.