Effective Date: 6/30/2024

Nick Bandy Marketing (“we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.nickbandy.com (the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

Information We Collect

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

1. Personal Data:
   • Personally identifiable information, such as your name, shipping address, email address, and telephone number, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards.
2. Derivative Data:
   • Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
3. Financial Data:
   • Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site.
4. Data From Social Networks:
   • User information from social networking sites, such as Facebook, Google+, Instagram, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

• Create and manage your account.
• Process your transactions and send you related information.
• Improve our website and services.
• Email you regarding your account or order.
• Fulfill and manage purchases, orders, payments, and other transactions.
• Send you a newsletter.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

1. By Law or to Protect Rights:
   • If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
2. Business Transfers:
   • We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
3. Third-Party Service Providers:
   • We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
4. Marketing Communications:
   • With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Terms of Use

Last Updated: 6/30/2024

Nick Bandy Marketing (“we,” “us,” or “our”) provides this website (the “Site”) for your personal informational, educational, and business use. The following Terms of Use govern your access and use of this Site. Please read these Terms of Use carefully before using this Site. Also, specific terms may apply to specific content on or available through this Site and to specific content, data, materials, or information that you may upload, submit, and/or publish to the Site (“User Content”) or to transactions conducted through this Site. Such specific terms may be in addition to these Terms of Use or, to the extent expressly specified, may supersede these Terms of Use. When used in these Terms of Use, “we” and “our” mean Nick Bandy Marketing, and “you” and “your” refer to any individual, company, or legal entity that accesses or otherwise uses this Site.

1. Acceptance of Terms of Use

By accessing, browsing, or using this Site, you agree to be bound by these Terms of Use and any additional terms and conditions on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

2. Modification of Terms

These Terms of Use may be amended by Nick Bandy Marketing, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. We reserve the right to discontinue or make changes or updates with respect to the Site or the content of the Site at any time without notice.

3. Privacy Notice

Personal information provided through this Site is used in accordance with Nick Bandy Marketing’s Privacy Policy.

4. Copyright and Trademarks

You acknowledge that all content on this Site, including the Site’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Site, and the selection and arrangement of such content (collectively, “Content”), are the property of Nick Bandy Marketing or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Nick Bandy Marketing or the respective intellectual property rights owner. Nick Bandy Marketing authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, Nick Bandy Marketing) are the sole property of Nick Bandy Marketing and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Nick Bandy Marketing and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of Nick Bandy Marketing and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Nick Bandy Marketing. Nick Bandy Marketing will enforce its intellectual property rights to the fullest extent of the law.

5. Links to Third-Party Websites

Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Nick Bandy Marketing does not control or endorse any such third-party websites. You agree that Nick Bandy Marketing and its affiliates will not be responsible or liable for any content, goods, or services provided on or through these third-party websites or for your use of, or inability to use, such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading, or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Nick Bandy Marketing expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website. Nick Bandy Marketing recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

6. Disclaimer of Warranties

Nick Bandy Marketing strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the content on this Site. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NICK BANDY MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NICK BANDY MARKETING MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Disclaimer of Damages and Limitation of Liability

NEITHER NICK BANDY MARKETING OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS, OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF NICK BANDY MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST NICK BANDY MARKETING AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

8. Indemnification and Release

You agree to indemnify, defend, and hold harmless Nick Bandy Marketing and its affiliates against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site; any activity related to use of the Site by you; any message or material that you submit to, post on, or transmit through the Site; your violation of these Terms of Use; your infringement or violation of any rights of another; or termination of your access to the Site. If you have a dispute with one or more users, you release Nick Bandy Marketing and its affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights, or otherwise violates any applicable local, state, national, or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material through or to the Site. Nick Bandy Marketing reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion of the Site) by you if you fail to comply with any term or provision of these Terms of Use or if your use is harmful to the interests of another user of this Site.

10. Shut-down of Site

Nick Bandy Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of the Site) with or without notice or consent. Nick Bandy Marketing and its affiliates shall have no responsibility or liability for failure to store or delete any content or user content submitted to this Site.

11. Governing Law and Dispute Resolution

These Terms of Use shall be governed by the laws of the United States and the State of Maryland, without giving effect to conflicts of law principles that would cause other laws to apply. Nick Bandy Marketing makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to your access or use of the Site or to these Terms of Use shall be brought exclusively in the federal or state courts residing in Maryland. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action relating to your access or use of the Site or these Terms of Use, and to extra-territorial service of process.

12. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

13. No Waiver

The failure of Nick Bandy Marketing or its affiliates to enforce any provision of these Terms of Use shall not constitute a waiver of that provision and shall not waive or limit Nick Bandy Marketing’s right to subsequently enforce that provision or any other provision of these Terms of Use.

California Privacy Notice

Effective Date: 6/30/2024

Nick Bandy Marketing (“we,” “us,” or “our”) provides this Privacy Notice, which applies to California resident employees, employee applicants, owners, directors, officers, and contractors of Nick Bandy Marketing, as well as, as applicable, those individuals’ emergency contacts and beneficiaries who are California residents. This Privacy Notice sets forth our practices with respect to information that can reasonably be linked with an individual (“Personal Information”), as required by the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), collectively herein referred to as the “CA Privacy Law”.

Please note, there may be additional or different privacy notices or disclosures that govern our use of your Personal Information beyond the CA Privacy Law. Where collection, use, and disclosure of Personal Information is subject to the CA Privacy Law, this Privacy Notice shall prevail. For collection, use, and disclosure of Personal Information beyond the CA Privacy Law, those separate and relevant privacy notices and disclosures shall prevail.

Collection and Disclosure of Personal Information

We collect and process various categories of Personal Information, which we may disclose to third parties for our operational business and employment purposes.

We collect identifiers such as name and government-issued identifiers (e.g., Social Security number). This information is disclosed to our affiliates; service providers providing services such as payroll, benefits, consulting, training, expense management, IT, and other services; professional advisors, such as accountants, auditors, bankers, and lawyers; public and governmental authorities, such as regulatory authorities and law enforcement; and business partners, such as entities that help us to provide services to you.

We collect personal information as defined in the California safeguards law, including without limitation, name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. This information is disclosed to the same categories of third parties mentioned above.

We collect protected class information, such as characteristics of protected classifications under California or federal law, including without limitation, age, gender, medical conditions, marital status, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), race, color, religion or creed, ancestry, national origin, disability, genetic information, sexual orientation, gender identity and expression, citizenship, primary language, immigration status, military/veteran status, political affiliation/activities, domestic violence victim status, and requests for leave. This information is disclosed to the same categories of third parties mentioned above.

We collect commercial information, such as transaction information and purchase history, travel expenses, including information about corporate credit card purchases, frequent flyer rewards, and other travel-related programs and expenses. This information is disclosed to the same categories of third parties mentioned above.

We collect biometric information, such as face scans, fingerprints, and voiceprints. This is considered sensitive personal information and is also referenced below. This information is disclosed to the same categories of third parties mentioned above.

We collect internet or network activity information, such as browsing history and interactions with our websites and applications, access and usage information regarding websites, applications, and systems, information about online communications, including browsing and search history, timestamp information, IP address, and access and activity logs. This information is disclosed to the same categories of third parties mentioned above.

We collect geolocation data, such as latitude/longitude, precise location information, device location, approximate location derived from IP address, and GPS, WiFi, or Bluetooth Low Energy tracking. This information is disclosed to the same categories of third parties mentioned above.

We collect audio, electronic, visual and similar information, such as photographs, images, call and video recordings, including voicemail and security camera footage, information about the use of electronic devices and systems, key card usage, photos on websites or in employee directories. This information is disclosed to the same categories of third parties mentioned above.

We collect education information subject to the federal Family Educational Rights and Privacy Act, such as student records and directory information. This information is disclosed to the same categories of third parties mentioned above.

We collect professional or employment information, such as work history, prior employer, information from reference checks, background screening information, employment application, membership in professional organizations, personnel files, personal qualifications and training, eligibility for promotions and other career-related information, work preferences, business expenses, wage and payroll information, benefit information, information on leaves of absence or PTO, performance reviews, information on internal investigations or disciplinary actions. This information is disclosed to the same categories of third parties mentioned above.

We collect inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences, characteristics, predispositions, and abilities. This information is disclosed to the same categories of third parties mentioned above.

Sensitive Personal Information:

• Personal Information that reveals an individual’s Social Security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, citizenship, immigration status, or union membership; the contents of mail, email, and text messages unless Nick Bandy Marketing is the intended recipient of the communication; genetic data;
• The processing of biometric information for the purpose of uniquely identifying an individual;
• Personal Information collected and analyzed concerning an individual’s health; and
• Personal Information collected and analyzed concerning an individual’s sex life or sexual orientation.

We may also disclose the above categories of Personal Information to a third party in the context of any reorganization, financing transaction, merger, sale, joint venture, partnership, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

We do not sell Personal Information of covered individuals, and we do not share or otherwise process Personal Information of covered individuals for purposes of cross-context behavioral advertising, as defined under the CA Privacy Law. We have not engaged in such activities in the 12 months preceding the date this Privacy Notice was last updated.

We do not knowingly sell or share the Personal Information of minors under 16 years of age.

Sources of Personal Information

We collect Personal Information from you and from our affiliates, your colleagues and managers, references you provide, prior employers or schools, clients, background check providers, providers of employee benefits, social networks, publicly available databases, and cooperative databases. We collect Personal Information about our employees’ and other individuals’ emergency contacts and beneficiaries from such employees or other individuals.

Purposes for the Collection, Use, and Disclosure of Personal Information

We may collect or use Personal Information for the purposes of operating, managing, and maintaining our business, managing our workforce and other employment purposes, and accomplishing our business purposes and objectives, including, for example, using Personal Information to:

• Plan and manage workforce activities and personnel generally, including for recruitment, employee onboarding, appropriate staffing, performance management, training and career development, payments, and benefit administration, employee training, leaves, and promotions;
• Conduct workforce assessments, including determining physical or mental fitness for work and evaluating work performance;
• Process payroll, manage wages and other awards such as stock options, stock grants and bonuses, reimburse expenses, and provide healthcare, pensions, savings plans, and other benefits;
• Operate, maintain, monitor, and secure our facilities, equipment, systems, networks, applications, and infrastructure;
• Manage attendance, timekeeping, leaves of absence, and vacation;
• Facilitate employee communication and workforce travel;
• Undertake quality and safety assurance measures, protect the health and safety of our workforce and others, and conduct risk and security control and monitoring;
• Conduct research, analytics, and data analysis, such as to assist in succession planning and to ensure business continuity, as well as to design and implement employee retention programs, diversity, equity, and inclusion initiatives, and environmental, social, and governance (“ESG”) initiatives;
• Perform identity verification, accounting, budgeting, audit, and other internal functions, such as internal investigations, disciplinary matters, and handling grievances and terminations;
• Operate and manage IT and communications systems and facilities, allocate Company assets and human resources, and undertake strategic planning and project management; and
• Comply with law, legal process, requests from governmental or regulatory authorities, internal policies, and other requirements, such as income tax deductions, recordkeeping, work permit and immigration regulations and reporting obligations, and the exercise or defense of legal claims.

Use and Disclosure of Sensitive Personal Information

We may use Sensitive Personal Information for purposes of performing services for our business, providing services as requested by you, and ensuring the safety, security, and integrity of our business, infrastructure, and the individuals with whom we interact. This includes, without limitation, establishing and maintaining your employment relationship with us, ensuring the safety and diversity of our workforce, designing and implementing ESG initiatives, complying with legal obligations, defending or asserting legal claims, managing payroll and corporate credit card use, administering and providing benefits, and securing the access to, and use of, our facilities, equipment, systems, networks, applications, and infrastructure.

Retention Period

We retain Personal Information including, without limitation, Sensitive Personal Information, for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

• The duration of your employment;
• The length of time we have an ongoing relationship with you or your dependents/beneficiaries and the length of time thereafter during which we may have a legitimate need to reference your Personal Information, such as to address issues that may arise;
• Whether there is a legal obligation to which we are subject (for example, certain laws may require us to keep your employment records for a certain period of time); and
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

Individual Requests

You may, subject to applicable law, make the following requests:

• You may request we disclose to you the following information covering the 12 months preceding your request:
  • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
  • The business or commercial purpose for collecting Personal Information about you; and
  • The categories of Personal Information about you we otherwise disclosed and the categories of third parties to whom we disclosed such Personal Information.
• You may request to correct inaccuracies in your Personal Information.
• You may request to have certain Personal Information you provided to us deleted.
• You may request to receive a copy of your Personal Information, including a copy of the Personal Information you provided to us in a portable format.

We will not unlawfully discriminate against you for exercising a right conferred by the CA Privacy Law. Without limitation, we will not retaliate against you for exercising such a right. To make a request, please contact us. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate before disclosing or deleting your Personal Information. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

We will verify and respond to your request consistent with applicable law.

Authorized Agents

If an agent would like to make a request on your behalf as permitted by applicable law, the agent may use the submission methods noted above. As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described above or confirm that you provided the agent permission to submit the request.

Contact Us

If you have questions or comments about this Privacy Policy or Terms of Use, please contact us at:

Nick Bandy Marketing
Email: info @ nickbandy.com