NIC+ZOE Privacy Policy

Last updated: March 10, 2025

This Privacy Policy describes how NIC+ZOE (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from https://www.nicandzoe.com/ (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy. This Privacy Policy only applies to information we collect at www.nicandzoe.com.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date, and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Basic contact details, including your first and last name, address, phone number, and email address.

  • Order information and information that you submit during payment confirmation, including your billing address and shipping address.

  • Account information, including your username, password, and answers to security questions.

  • Shopping information, including the items you view and put in your cart.

  • Customer support information, including the information you choose to include in communications with us when sending a message through the live chat feature available through the Services.

Information We Collect through Cookies

We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, web beacons, pixels, and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information regarding your interaction with the Services. By using our Website, you agree to the use of cookies as described in this Privacy Policy. Our usage of cookies is described in further detail in our Cookie Policy below.

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Salesforce and Klaviyo.

  • Since we use third-party payment methods and processors such as MyEvo, Auth.net, PayPal, Apple Pay and Zip to process your payments, we never collect or retain your actual credit card or bank account number.

  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies, consistent with our Cookie Policy.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.

How We Use Your Personal Information

  • Providing Products and Services. We use your personal information to provide you with the Services, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges, and to enable you to post reviews.

  • Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.

  • Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

  • Communicating with you. We use your personal information to provide you with customer support and improve our Services, in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

  • We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your personal information, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, fraud protection services, data analytics, customer support, cloud storage, fulfillment and shipping).

  • With business and marketing partners to provide services and advertise to you. Third-party vendors (who may combine your personal information with their own records and records available from other sources) may use your personal information for their own direct marketing purposes and the direct marketing purposes of other third-party marketers. Certain of these vendors may resell personal information about you. Our third-party vendors will use your information in accordance with their own privacy notices.

  • When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.

  • With selected partners, from time to time we may share, exchange and/or cross-reference our postal mailing list with selected providers of goods and services that may be of interest to you.

  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

In the past 12 months, we have disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category:

  • Identifiers such as first and last name, postal address, email address, and certain order and account information*

  • Commercial information, including records of products or services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, and customer support information*

  • Internet or other electronic network activity information, such as Usage Data*

Categories of Recipients:

  • Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)

  • Business and marketing partners

  • Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

We have "sold" and "shared" (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows:

Category of Personal Information

  • Identifiers such as basic contact details and certain order and account information*

  • Commercial information such as records of products or services purchased and shopping information*

  • Internet or other similar network activity, such as Usage Data*

Categories of Recipients

  • Business and marketing partners

User Generated Content

The Services may enable you to post product and Site reviews. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 17 years of age. 

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

We will retain information for as long as we determine it is needed to fulfill the purposes for which it is required, subject to applicable law and our document retention policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information, the business or commercial purposes for collecting, selling, or sharing your personal information, and to whom we share that information.

  • Right to Delete. You may have a right to request that we delete personal information we maintain about you.

  • Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.

  • Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

  • Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.

  • Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.

  • Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

  • Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

  • Managing Communication Preferences: please refer to the “Unsubscribe / Opt-out of Marketing Communication” section below.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Unsubscribe / Opt-out of Marketing Communication

  • If you would like to be removed from our email distribution list, simply click "UNSUBSCRIBE" on the bottom of your NIC+ZOE email sent to you. Please note, even if you unsubscribe from our marketing emails, we may still send you non-promotional emails, such as those about your account or orders that you have made.

  • For SMS/Text Opt-Out, please reply to your NIC+ZOE SMS text with “STOP”. Your email or SMS may take 2-3 days to be removed from list.

  • To opt-out of receiving our direct mail or catalogs, you may send us an email at info@nicandzoe.com, call us at 844.500.9047, or send a written request to: NIC+ZOE Corporate Office, 323 Speen Street, Natick, MA, 01760.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or to lodge your complaint with your local data protection authority.

California & Nevada Privacy Rights

California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and address. If you are a California resident and would like a copy of this notice, please complete this form.

If you are a resident of Nevada, you can opt-out of the sale of your personal information, and if you are a resident of California, you can opt-out of the sale or sharing of your personal information. To do so, please send us an email at info@nicandzoe.com or call us at 844.500.9047. Please be sure to include your full name and mailing address so that we can fulfill your request.

California Do Not Track Disclosure

We will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal or similar mechanism is received from your browser. Do Not Track is a privacy preference that users can set in their web browsers. Note that many web browsers support Do Not Track technology. For information about Do Not Track, please visit: https://fpf.org/thank-you-for-visiting-allaboutdnt-com/.

Cookie Policy

Cookies are small text files that are stored on your device when you visit a website. They help the website recognize your device and remember information about your visit, preferences, and actions over time. 

Like many websites, we use Cookies on our Site. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

TYPES OF COOKIES USED

  • Strictly Necessary Cookies: These Cookies are essential for the proper functioning of the Site. They enable you to navigate the site and use its features.

  • Performance Cookies: These Cookies collect information about how visitors use the Website, such as which pages are visited most often. This helps us improve the performance of our Site.

  • Functionality Cookies: These Cookies allow the Site to remember choices you make (such as your language preference) and provide enhanced, more personalized features.

  • Targeting Cookies: These Cookies are used to deliver content that is more relevant to you and your interests. They may be used to deliver targeted advertising. We also use Cookies to help keep track of items you have browsed or put into your shopping cart, including when you have abandoned your cart. This information is used to determine when to send abandoned browse and cart reminder messages via email and SMS.

THIRD-PARTY COOKIES

Some Cookies on our Site are set by third-party services. These Cookies are placed by third-party companies providing services, such as analytics or advertising. We do not have control over these Cookies, and you should refer to the privacy policies of these third parties for more information.

By using this Site, you consent to these activities, including information collection by our vendors. If you do not wish for Cookies to be placed on your computer, most web browsers permit you to prevent that from taking place. Additionally, information about opting out of cookie-based advertising can be found via the following links - Network Advertising Initiative  and Neustar Privacy Opt-Out. However, please keep in mind that Cookies are an important part of how the website works; removing, rejecting, or limiting the use of Cookies might affect the availability and functionality of the website.

COOKIE CONSENT

By using our Site, you consent to the use of Cookies as outlined in this Cookie Policy. You can manage your Cookie preferences by adjusting the settings in your browser. Please note that restricting Cookies may impact the functionality of the Site.

UPDATING THIS PRIVACY POLICY

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

CONTACT

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call 844.500.9047 or email us at info@nicandzoe.com or send a written request to: NIC+ZOE Corporate Office, 323 Speen Street, Natick, MA, 01760.