Privacy Policy

Nudge is operated by MyNudge Concepts Inc., a corporation incorporated in the State of Delaware, United States. We are registered with Companies House in England and Wales as an overseas company (overseas company number FC043197), with a UK establishment (establishment number BR028316) at 37 Russell Green Close, Purley, CR8 2NS.

For the purposes of UK and EU data protection law, MyNudge Concepts Inc. is the data controller for the personal data described in this policy. Our UK data protection (ICO) registration number is ZC126163.

This section gives a general overview. The full detail follows below.

• Data controller: MyNudge Concepts Inc., trading as Nudge. ICO registration number: ZC126163.
• How we collect information: directly from you (account setup, registration forms, support requests), automatically through your use of our website and Service (cookies and similar technology), and from third-party platforms you choose to connect, such as Amazon Seller Central and Shopify.
• What we collect: contact details, account and billing information, device and usage data, and store or marketplace performance data you connect to Nudge.
• How we use it: to provide and improve the Service, generate Nelly's recommendations, communicate with you, meet legal obligations, and for legitimate business purposes such as security and fraud prevention.
• Who we share it with: service providers who process data on our behalf, and, where you direct us to, business partners. We do not sell your personal data.
• How long we keep it: see "How Long We Keep Your Information" below.
• Your rights: you have a range of data protection rights including access, correction, deletion, restriction, portability, and objection. See "Your Rights" below.
• Contact: privacy@meetnudge.com

• Information you give us: name, business name, email, phone number, billing and payment details, account credentials, and the content of support requests.
• Information from your use of the Service: log data, device and browser data, IP address, pages viewed, usage analytics, and cookies or similar technologies (see Cookies below).
• Information from connected platforms: where you authorise Nudge to connect to Amazon Seller Central, Shopify, or other third-party platforms, we receive store, listing, and performance data associated with your account, which may include limited personal data relating to your own customers to the extent contained in that connection.
• Information from third parties: publicly available business and marketplace data, which we use to generate brand and competitive analysis, including for prospective customers before they sign up.

We use your information for the purposes described in the Summary above. Where UK GDPR or the GDPR applies, we rely on the following legal bases:

• Contract: to provide the Service you have signed up for, including generating Nelly's recommendations.
• Legitimate interests: to improve and secure the Service, communicate with prospective customers, conduct business development activities, and to carry out profiling of connected business data to generate recommendations, balanced against your interests and rights.
• Consent: for non-essential cookies and certain marketing communications, which you can withdraw at any time.
• Legal obligation: where we must retain or disclose information to comply with the law.

Nelly, our AI agent, analyses data you connect or that we hold about your business - such as marketplace listing performance, pricing signals, and demand trends - to generate recommendations. This constitutes profiling within the meaning of UK GDPR and GDPR, carried out on the basis of our contract with you or our legitimate interests in providing an effective service.

At this time, Nelly's outputs are recommendations only. No decisions with legal or similarly significant effects on you are taken by automated means without human review. You have the right under Article 22 UK GDPR / GDPR to ask us to confirm this position, to request information about the logic involved in Nelly's recommendations, and to request human review of any output that affects you significantly. We will revisit and update this section before introducing any automated action capability.

AI model training. We do not use data you connect to Nudge to train or fine-tune Nelly or any other AI model without your explicit consent.

We share personal data with:

• Service providers who process data on our behalf to help us run the Service, including cloud hosting and infrastructure providers, customer relationship management and support tools, analytics providers, and the AI processing providers used to power Nelly's recommendations.
• Professional advisers, such as our accountants and lawyers, where necessary.
• Regulators and authorities, where required by law.
• A buyer or successor, in the event of a merger, acquisition, or sale of assets, subject to the protections in this policy continuing to apply.
• We do not sell your personal data.

We are a US company with a UK establishment, and we use service providers in both the United States and other countries. Where we transfer personal data from the UK or EEA to a country that has not been recognised as providing an adequate level of protection, we use appropriate safeguards, such as the UK International Data Transfer Addendum or Standard Contractual Clauses, to protect that data.

We have a UK establishment, but since the UK left the European Union on 1 January 2021, our UK establishment does not satisfy the obligation under Article 27 of the GDPR to appoint a separate representative for EU residents. If we process personal data of EU residents at a scale that triggers the Article 27 requirement, we will appoint an EU representative and identify them in this policy.

We keep personal data only for as long as we need it. As a general guide:

• Customer account and billing data: for the duration of your contract with us, plus 6 years afterward, to meet standard UK and US accounting and legal record-keeping requirements.
• Prospective customer and marketing contact data: up to 24 months from your last interaction with us, or until you ask us to stop, whichever is sooner.
• Website usage and analytics data (cookies): up to 14 months.
• Support and account communications: up to 3 years from your last contact with us.
• Data connected from third-party platforms such as Amazon or Shopify: for as long as you keep that connection active, plus a limited period afterward to allow you to reconnect or export your data.
• Data connected during a Free Tool or Trial that does not convert to a paid subscription: deleted or anonymised within 30 days of the Trial or Free Tool ending, unless you ask us to retain it for a longer period.
• Data submitted to or processed by Nelly (including inputs and generated recommendations): for the duration of your subscription plus 12 months, to support continuity of service and audit trails.
• Data processed by our AI sub-processors (such as the underlying AI API provider): subject to those sub-processors' own data retention and deletion policies, which are governed by our data processing agreement with each provider.

We use technical and organisational measures, including encryption in transit, access controls, and regular review of our security practices, to protect your information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

In the event of a personal data breach that is likely to result in a high risk to your rights and freedoms, we will notify you without undue delay, as required by UK GDPR and GDPR. Where required, we will also notify the relevant supervisory authority (the ICO in the UK, and the relevant EU supervisory authority where applicable). We will tell you what happened, what data was affected, the likely consequences, and the steps we have taken or will take to address the breach.

We use cookies and similar technologies on our website to operate the site, understand how visitors use it, improve performance, and measure marketing effectiveness.

We categorise cookies as:

1. Strictly necessary cookies - required for the website to function and used without your consent.
2. Performance and analytics cookies - used to understand how visitors use our website so we can improve it.
3. Marketing and advertising cookies - used to measure marketing effectiveness and, where applicable, support relevant advertising.

We use Cookiebot by Usercentrics to manage cookie consent. When you first visit our website, you will be asked which categories of non-essential cookies you consent to. You can change or withdraw your consent at any time using the cookie settings available on our website.

For a full and up-to-date list of the specific cookies and tracking technologies we use, including their purpose, provider, category, and expiry period, please see our Cookie Policy at: https://meetnudge.com/cookie-policy/

Our Service is intended for business use and is not directed at children. We do not knowingly collect personal data from children under 16.

If UK GDPR or the GDPR applies to you, you have the right to:

• access the personal data we hold about you;
• ask us to correct inaccurate data;
• ask us to delete your data, in certain circumstances;
• restrict our processing of your data;
• receive a copy of your data in a portable format;
• withdraw consent, where we rely on consent as the legal basis for processing; and
• ask us to confirm whether automated profiling by Nelly has produced any output with a significant effect on you, and to request human review of that output (Article 22).
• Right to object. You have the right to object at any time to processing of your personal data that we carry out on the basis of our legitimate interests. We will stop that processing unless we can demonstrate compelling legitimate grounds that override your interests.
• Right to object to direct marketing. You have an absolute right to object at any time to the processing of your personal data for direct marketing purposes. We will stop processing for this purpose immediately on receipt of your objection, without needing to balance it against our interests.
• To exercise any of these rights, contact us at privacy@meetnudge.com. We will respond within the timeframes required by law.
• Complaints. If you are based in the UK, you have the right to complain to the Information Commissioner's Office (ICO) at ico.org.uk. If you are based in the EU, you have the right to complain to your local supervisory authority, such as the CNIL (France), the BfDI (Germany), or the supervisory authority of the EU member state in which you live or work.

This section applies if you are a California resident and supplements the rest of this Privacy Policy.

Based on our current assessment, MyNudge Concepts Inc. does not currently meet the revenue, data volume, or data sales thresholds that trigger mandatory compliance with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). We include this section as a matter of good practice and will expand it if and when those thresholds are met.

We do not sell or share (as those terms are defined under the CCPA) personal information for monetary or other valuable consideration.

If the CCPA applies to you, you have the right to:

• know what personal information we collect, use, and disclose about you;
• request deletion of your personal information, subject to certain exceptions;
• correct inaccurate personal information;
• opt out of the sale or sharing of personal information (we do not currently sell or share personal information);
• limit the use of sensitive personal information; and
• not be discriminated against for exercising any of these rights.
• To exercise these rights, contact us at privacy@meetnudge.com.

A growing number of US states, including Virginia (CDPA), Colorado (CPA), Texas (DPDPA), and Connecticut, have enacted comprehensive privacy laws with their own thresholds and rights. While we do not currently meet the thresholds for mandatory compliance with all such laws, we are committed to honouring equivalent rights - including rights to access, correct, and delete personal data - for residents of any US state that provides such rights, to the extent practicable. Contact us at privacy@meetnudge.com to make a request.

We may update this Privacy Policy from time to time. We will post the updated version on this page with a new effective date. We will communicate material changes to customers directly where required.

If you have questions about this Privacy Policy or how we handle your personal data, contact us at privacy@meetnudge.com.