Privacy Policy

At NextGem we know you care about how your personal information is used and shared, and we take your privacy seriously. Please read on to learn more about our Privacy Policy. By visiting NextGem's website(s) and all other products, services and applications made available by NextGem from time to time (collectively, the "Services"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy. By using the Services, you are consenting to have your personal data transferred to and processed in the United States.

NextGem complies with all applicable laws regarding your privacy. Individuals from the European Union ("EU") may only use our Services after providing your freely given, informed consent for NextGem to collect, transfer, store, and share your Personal Data, as that term is defined in the EU's General Data Protection Regulation. EU residents may grant that consent directly to NextGem.

All capitalized terms that are not defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.In this Policy, “Personal Information” means any information about an identifiable individual or information that can be used to identify an individual, and includes “Personal Data” as that term is defined under the GDPR.

You are responsible for any Content you provide in connection with the Services. We cannot control the actions of anyone with whom you or any other NextGem users may choose to share information. Therefore, we cannot and do not guarantee that Content you or any user posts on the Services will not be viewed by unauthorized persons. Although we may allow our users to set privacy options that limit access to certain parts of the Services, please be aware that no security measures are perfect or impenetrable and that we are not responsible for circumvention of any security measures contained on the Services. NextGem does not encourage you to make any personally identifiable information (Personal Information) public other than what is necessary for you to use our Services. You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached pages, archives and storage backups or if other users have copied or stored your Content. We will make efforts to remove the Content under our control that is not part of another user's account.

You may request the removal of Personal Information (as described below) that you have provided to us by contacting us. We will remove your Personal Information from our database on your request, but this information may remain in our server logs as part of our standard backup procedures, unless prohibited by contract or law. A verified Organization administrator (Verified Administrator) or Organizer may be able to upload and provide information about you to your account; if you would like to remove or amend that information, you may have to contact and work directly with that Verified Administrator or Organizer.Any improper collection or misuse of Content or other information accessible on the Services is a violation of NextGem's Terms of Service and should be reportedWhat does this privacy policy cover?

This Privacy Policy explains how NextGem collects, uses, and discloses information from you and other users who access or use the Services, including our treatment of Personal Information. Also, this Privacy Policy covers NextGem's treatment of any Personal Information that our partners share with us, or that you provide to NextGem through another third-party website or service while using the Services. This policy does not apply to websites, services or practices of companies that we do not own or control, even if they help us operate our Services. Third-party providers who do help us operate our Services must adhere to privacy and security obligations in a manner consistent with NextGem's policies and practices.

What information does NextGem display or collect?

When you use the Services, you may set up your personal profile, send messages, perform searches and queries, and transmit information through various channels as permitted by the functionality of the Services. NextGem will not display your personal contact information to other users without your permission. The information we gather from users enables us to attempt to verify user identity, allows our users to set up a user account and profile through the Services, and helps us personalize and improve our Services. We retain this information to provide the Services to you and our other users and to provide a useful user experience. When you update your information, we usually keep a backup copy of the prior version for a reasonable period of time in case you need to need to go back to that version.Information you provide to us.

We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. With your express consent, you may be able to upload, import or sync contact information from your mobile device (for example, from your address book) to NextGem. This information may include Personal Information such as your name, phone numbers, email addresses, images of trading cards, or any other information necessary for us to provide our Services. For under-13 users, we collect a name (first name and last initial), date of birth, email address and/or telephone number, and that under-13 user's parent's email address to provide notice to the parent regarding the Services. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. We use the Personal Information we receive about you to provide you with the Services and also for purposes such as:attempting to authenticate your identity, responding to your requests for certain information, customizing the features that we make available to you, suggesting relevant services or products for you to use, improving the Services and internal operations (including troubleshooting, testing, and analyzing usage),communicating with you about new features and, most importantly, protecting our users, sending emergency messages we are directed to send to you, and working towards making sure our Services are safer and more secure.

You may modify or remove your Personal Information at any time by logging into your account and accessing features to edit your account information. You may have to contact NextGem at and work directly with us in order to modify or remove that information.

We receive and store certain types of information whenever you use the Services. NextGem automatically receives and records information on our server logs from your browser including NextGem cookie information, the page you requested, and other usage information such as your activity on the Services, the numbers and frequency of visitors to our site and its components (similar to TV ratings that indicate how many people watched a particular show). None of this information constitutes Personal Information. Certain information that is collected automatically, such as device ID, IP address and phone number, and browsing information that is associated with a user will be treated as Personal Information.

We also may provide to our partners aggregate information derived from automatically collected information about how our users, collectively, use our site. We may share this type of non-personally identifiable, aggregated statistical data so that our partners also understand how often people use their services as well as NextGem.

Mobile application
When users use our mobile application, we automatically collect the Internet Protocol (IP) address, device ID, device type, and what operating system (OS) the user is running.We collect users' IP addresses whenever they use our mobile application, which provides us with a coarse approximation of the user's location at the city level in order for NextGem to, for example:provide Organizers with a geo-specific long-code (i.e., generic phone number with a local area code),support features such as sign-in authentication, andenable other internal measurement and Services features.

Email and text message communications
If you provide us your email address or phone number, NextGem may send you administrative messages (such as updates, notifications, newsletters, and other news) relating to the Services or to respond to communications from you. By maintaining a NextGem account and/or not opting out of receiving information from NextGem, you acknowledge and agree that you may receive e-mail or SMS text messages on your phone or mobile device from other NextGem users, from NextGem and/or its agents (as described below) and other individuals or companies if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply. We may receive a confirmation when you open an email from us if your computer supports this type of program. If you no longer wish to receive administrative email messages from NextGem you may opt-out by following the unsubscribe link located at the bottom of each message or by contacting us. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing the legal notices for changes.

If you are located in Canada, you may opt-out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.

Push notifications
We send notices to you when you are sent a message, or when NextGem needs to inform you of something. If you no longer wish to receive such communications, you may turn them off at the device level. Any user may contact us at if such user no longer wishes to receive communications from the Services.

NextGem reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if NextGem is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not NextGem, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to NextGem and to grant NextGem the rights to use such information as provided herein.

What about cookies, pixels, and local storage?
Cookies are small files that websites place on your computer as you browse the web. Like many websites, NextGem uses cookies to discover how people are using our Services and to make them work better.
A pixel is a small amount of code on a web page or in an email notification. As many services do, we (or our agents) may use pixels to learn whether you've interacted with certain web or email content on our Services. This helps us measure and improve our Services and personalize your experience on NextGem.

Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with NextGem.

NextGem uses these technologies to deliver, measure, and improve our Services in various ways. These uses generally fall into one of the following categories:

Authentication and security
To log you into NextGem.
To protect your security.
To help us detect and fight spam, abuse, and other activities that violate NextGem's policies.
For example, these technologies help authenticate your access to NextGem and prevent unauthorized parties from accessing your account.

To remember information about your browser and your preferences. For example, cookies may help us remember your preferred language or country that you are in. We can then provide you with NextGem content in your preferred language without having to ask you each time you visit NextGem. We can also customize content based on your country, such as disabling SMS, or to withhold certain content based on applicable local laws.

Analytics and research
To help us improve and understand how people use our Services.
For example, cookies help us test different versions of our services to see which particular features or content users prefer. We might also optimize and improve your experience on NextGem by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you will not be able to log in or use many of the Services' features without cookies enabled. Note that the use of cookies by anyone other than NextGem is not covered by our privacy policy. We do not have access or control over those cookies.

Mobile analytics
We use mobile analytics software to allow us to better understand the functionality and improve the performance of our mobile software on your phone. This software may collect, store and use information such as how often you use the application, the events that occur within the application, usage, performance data, and where the application was downloaded from. This software may share information it collects with other third parties (1) as part of providing the analytics services; (2) with integrations that advance the user experience and; (3) to comply with applicable laws.

Will NextGem share any of the Personal Information it receives?
NextGem relies on its users to provide accurate Personal Information in order to provide our Services. We try our best to protect that information and make sure that we are responsible in handling, disclosing, and retaining your data. We neither rent nor sell your Personal Information to anyone. If other NextGem users, other individuals or companies whose products you choose to use, have access to your Personal Information (for example, your messaging content), they may use and share that information in ways that NextGem cannot, and does not, control. NextGem shares your Personal Information in personally identifiable form as described below.

Agents and third party service providers
Advertising is not permitted on the Services. However, we employ other companies to perform tasks on our behalf and help us provide certain features of our Services, and may need to share your information with those companies in order to provide our Services to you. Some examples of services for which we use agents include sending email or SMS, analyzing data, providing user services, and searching for any security vulnerabilities. These agents may use Personal Information we share with them, for example, to assist us, to provide their services to you and/or us, and to measure and improve the performance of their services. NextGem has reviewed the privacy policies and practices of these agents and third party service providers in order to verify that they are capable of complying with NextGem's policies and practices, including those related to the collection, use, transfer, confidentiality, security and integrity of user data. As a condition of contracting with NextGem, those agents and third-party service providers committed, in writing, to providing at least equivalent privacy and security for your data as does NextGem.

Business transfers
If NextGem (or substantially all of its assets) is acquired by another company, user information may be one of the assets transferred to or acquired by that company. You acknowledge that such a transfer may occur, and that any acquirer of NextGem may continue to use your Personal Information as set forth in this policy. You will be notified via email or some other means of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information (including the right to delete your information). If NextGem goes out of business without a successor, NextGem would delete your information.

Protection of NextGem and others

We may release Personal Information when we believe in good faith that release is necessary to:comply with the law or national security request (for example, responding to a subpoena or other legal process);enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of NextGem, our employees, our users, or others. This includes, without limitation, exchanging information with other companies and organizations for fraud protection or responding to government request

We also may be required to disclose an individual's Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

With your consent
You will be notified when your Personal Information may be shared with agents or companies other than NextGem and you will be given the option to prevent the sharing of this information unless NextGem determines that not disclosing this to you prior to your information being shared is necessary to comply with applicable laws or legal processes or we are prohibited by law or legal processes from informing you in advance.

Is information about me secure?
The security of Personal Information on the platform is a top priority for NextGem.

NextGem has protections in place to enhance our users' security, and routinely update these protections. We have administrative, technical, and physical safeguards designed to protect against unauthorized use, disclosure of or access to Personal Information.

In particular:
Our engineering team is dedicated to keeping your Personal Information secure.
NextGem stores its data within an AWS region that is FedRAMP compliant.
NextGem's main database and all backups are encrypted at rest.
The AWS cloud infrastructure has been designed and managed in compliance with regulations, standards, and best-practices, including HIPPA, ISO 27001, ISO 27017, ISO 27018, SOC 1, SOC 2, SOC 3, PCI DSS Level 1, CSA STAR, FedRAMP, COPPA, FERPA, FIPS 140-2 Validated, HITRUST CSF, Independent Security Evaluators (ISE) Audit, NIST 800-53, NIST 800-171, Sarbanes-Oxley Act (SOX), Cloud Computing Compliance Controls Catalog (C5), Higher Education Cloud Vendor Assessment Tool (HECVAT), SEC Rule 17a-4(f), CFTC Rule 1.31(c)-(d), and FINRA Rule 4511(c), and MPAA.
All NextGem clients use TLS/SSL when communicating with our servers.

NextGem endeavors to protect user information and to ensure that user account information is kept private; however, we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. If NextGem knows or becomes aware of a security breach of its users' personally identifiable information, NextGem will notify affected users as required by applicable laws and may post a notice on the Services as required by applicable law(s). For additional information about the security measures we use in connection with the Services, please contact us.

The Services contain links to other sites or services. NextGem is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Services.

Third-party services
You may be able to access certain third-party products through NextGem's Services to share content to or from another website or app. These are not NextGem products; they are another company's and we do not control their privacy and security practices so only you can decide whether to connect your NextGem account with another company's services.

The third party products you choose to use on NextGem may need to collect and use your Personal Information in order to provide their services to you; in order to use any products or services offered by anyone other than NextGem, you must review and agree to their specific terms and privacy policies.

Our Services may also include access to, among others:
Workplace productivity apps that allow for the sharing of content, such as but not limited to, Google Docs, Atlassian Jira/Confluence, Microsoft Office, Dropbox; or Social media features, such as the Facebook "Like" button, and widgets, such as the "Share this" button or interactive mini-programs that run on our site.

These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by another company or hosted directly on our Services. When connecting your NextGem account with any third party site you may benefit from the ability to communicate across sites.

What information can I access and modify?
As a NextGem account holder, you have access to view and update the following information at your discretion:information in your user account (such as your email address),Participant names, user preferences, and content in your account (note that once provided, you may not be able to edit or remove certain types of content, such as messages)

This list may change as the Services change.
You also have the right to request access to the Personal Information we hold about you in order to verify the Personal Information we have collected in respect of you and to have a general account of our uses of that Personal Information. Upon receipt of your written request to our Privacy Team (contact information below), NextGem will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant Personal Information available to you such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances, We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

How do I delete my account?
You can always opt not to disclose information, even though it may be needed to take advantage of certain NextGem features.
You are able to add or update certain information on pages, such as those listed in the "What Information Can I Access" section above. When you update information, however, we often maintain a copy of the unrevised information in our records. Certain types of communication you send to other users cannot be removed, such as message content.
You may request deletion of your NextGem account by accessing your account online or contacting us. NextGem retains this information for purposes such as diagnosing problems with the service and for auditing legal investigations, but reserves the right to delete this information in accordance with its standard business practices in effect from time to time. Further, information and other content you have provided may remain visible elsewhere to the extent such content was copied or stored by other users.
For under age users with an account that is inactive for twelve months or more (meaning the account has not received a message through the Services in that time), NextGem's policy is to disable access to Personal Information associated with that account.
If your or your child's Personal Information changes, or you no longer desire to use our Services, or you would like to rescind permission for NextGem to further contact your child, you may review, correct, update, delete inaccuracies, request deletion of your child's information, or amend it by logging into your account and making those changes or contacting us.

We will respond to your request as quickly as possible.We will retain your or your child's information for as long as your account is active or as needed to provide the Services. If you wish to cancel your or your child's account or request that we no longer use your information to provide Services, contact us.
Note we will retain and use information, for example, to comply with our audit and legal obligations, to resolve disputes, and to enforce our agreements.If the information you are requesting to delete was uploaded or otherwise provided by a Verified Administrator of an Organization to which you belong (for example, through CSV or SIS integration), then you must request deletion of that information directly from the Organization. NextGem may inform the Organizer(s) and/or Organization(s) you are affiliated with when you request to delete your NextGem account.If you decide to end your paid subscription service, you will be able to still use NextGem's free services. By request, you can terminate all services and deletion of your account. NextGem disassociates your UserID from your collection of cards. However, NextGem may retain all Card Records and details to preserve them for future reference.

Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (using the e-mail address specified in your account) or some other means prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.If we make material changes to the types of Personal Information we collect or how we use Personal Information collected from under-13 users we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information.

Questions or concerns
If you have any questions or concerns regarding privacy when using NextGem's Services, please contact us and send us a detailed message. We will make every effort to resolve your concerns.

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