Last Update: June 19, 2023
Axonify Inc. welcomes visitors and users of our mobile device applications and websites, including the websites located at axonify.com, nudgerewardsplatform.com, nudgeweb.co, and nudgesoftware.com, (collectively referred to as the "Services"). Axonify Inc. is referred to as "Axonify", "we", "us", and "our". Please read the following terms of use ("Terms of Use") before using the Services. By accessing and using the Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to not use the Services. A copy of these Terms of Use may be downloaded, saved and printed for your reference.
The Services are owned and operated by Axonify. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Services (collectively, the "Content") contained in the Services are proprietary to Axonify, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Axonify. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited.
To access certain portions of the Services, you may be asked to complete a registration form. In consideration for your use of the Services, you agree to provide true, current, complete and accurate information as requested on any registration form to which the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration with your email address, you will choose a password. You alone are responsible for keeping that password confidential, and for any and all activity that occurs on the Services under such email address and password. You agree to immediately notify Axonify of any unauthorized use of your password or any other breach of security.
It is our goal to provide increased value to you, our visitors. Therefore, the Services might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Axonify and that Axonify has no control over the content of such websites. Consequently, Axonify cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might provide through our Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
As a condition of your continued access to and use of the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the "Code of Conduct" set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that:
i) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) solicit, harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users;
c) for the purpose of misleading others, create a false Axonify account or create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted Services, other computer systems or networks connected to the Services, through password mining or any other means;
d) interfere with or disrupt networks or servers connected to the Services or violate the regulations, policies or procedures of such networks; and
e) use, download or otherwise copy, or provide to any person or entity any Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Services.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Services, errors and/or omissions may occur.
ACCORDINGLY, THE SERVICES, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AXONIFY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AXONIFY DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL AXONIFY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES, EVEN IF AXONIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Axonify, its affiliates, members, directors, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of the Services, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.
Axonify respects your right to privacy of your personal information. Please review our Privacy Policy (https://nudgesoftware.com/privacy_policy) for details on the manner in which we collect, use, disclose and otherwise manage your personal information.
From time to time we may offer and/or co-sponsor contests or promotions through the Services. Each of these activities shall be governed by specific rules accessible from the pages of the Services offering the promotion or when you submit your entry.
Axonify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Further, Axonify reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Services. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the top of this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Services constituting consideration from Axonify to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Services or (3) any Content available through the Services, is to stop visiting and using the Services.
"Nudge", "nudgerewards.com", "nudge.co", "nudgerewardsplatform.com", "nudgeweb.co", and "nudgesoftware.com" are trademarks of Axonify. Other marks, graphics, typefaces, trademarks and logos appearing on the Services are trademarks or trade dress of Axonify. All other trademarks appearing on the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.
These Terms of Use and any and all other legal notices or statements posted on the Services constitute the entire agreement between you and Axonify with respect to the use of the Services, including the Content.
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the Services, by posting notices or links to such notices on the Services.
If you have any questions or comments regarding these Terms of Use please contact us at:
Last Reviewed: June 19, 2023
At Axonify Inc. (“Axonify”, "we", "our" and "us"), we are committed to protecting your privacy, and support a policy of openness about how we collect, use and disclose your personal information.
The purpose of this Privacy Policy is to inform you about our practices relating to the collection, use and disclosure of personal information that may be provided through access to, or use of, our mobile device applications and websites, including the websites located at axonify.com, nudgerewardsplatform.com, nudgeweb.co, and nudgesoftware.com (collectively referred to as the "Website") as well as our services and related products (collectively referred to as the "Services"). This Privacy Policy also explains how you can contact us if you have a question about, want to make a change to or delete any personal information that we may be holding. By using the Website and/or Services, you acknowledge you have read and understood the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, you may not use the Website and/or Services.
Your use of the Website and/or Services is also governed by our Terms of Use (https://nudgesoftware.com/agreements).
Please read this Privacy Policy before using our Service or submitting any personal information to Axonify and contact us if you have any questions.
For the purpose of this Privacy Policy, "personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
When you contact us or interact with our Website or Services we collect information that alone or in combination with other information could be used to identify you (“personal information”). The categories of personal information we collect via the Website and Services include:
Personal Information Processed on Behalf of Customers: If you are an employee of one of our customers (“Customers”), we collect information that you may transmit to us or authorize us to obtain from you or a third party in connection with your use of the Services, including your login credentials, information related to your use of the Services such as your time zone information or your precise geolocation, and any communications you send using the Service (“Customer Data”). We process Customer Data pursuant to our agreements with our Customers. We have no direct relationship with the employees of our Customers. If you are such an employee and would no longer like your data to be used by one of our business customers or you would like to access, correct, or request deletion of your data, please contact the Customer that you work with directly.
Unless your organization (“Company”) has entered into a Business Associate Agreement with Axonify, you agree not to upload and/or collaborate any Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability of 1996 Act as amended (“HIPAA”), as Axonify disclaims all liability for such PHI.
For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.
In some cases, we process your personal information based on your consent, for example when your consent is needed under the applicable law before setting cookies on your computer or other device as described in the Cookies section, when you grant us access to your location or as otherwise provided in this Privacy Policy.
We will not sell, license, trade or rent your personal information to or with others. We may share your personal information with the following categories of third parties and/or in the following circumstances:
When you visit our Website, we use a technology commonly referred to as a "cookie". A cookie is a small piece of information that a web browser can store and later provide to a website. You may prevent the storage of cookies by a corresponding setting on your browser or opt-out at any time by deleting the cookies through your browser or other software programs. If you choose to modify your browser in this manner, some pages of the Website may not function properly.
We also use cookies and work with third party service providers who use cookies to collect traffic data and other information about your use of our Website and Services. We and our service providers use this information in aggregated and anonymous form to analyze usage of our Website and to improve the operation of our Website, Services and business generally.
Additionally, we use Google Analytics for marketing purposes. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google’s Privacy and Security Principles page (https://safety.google/principles/). Google also provides a complete privacy policy and instructions on opting-out of Google Analytics (https://policies.google.com/privacy).
Our Website and Services are not designed nor intended to collect personal information from children under the age of 13. Therefore, we do not knowingly collect or maintain any personal information from children under the age of 13. In the event we learn that we have collected personal information from a child under the age of 13, we will delete such personal information without undue delay.
We make commercially reasonable efforts to appropriately safeguard the personal information in our custody and control against loss, theft and unauthorized access. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.
Please note that any information you include in a message you post in a public posting area is available to other users. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
The Website may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. We are not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.
We retain your data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as we believe is reasonably necessary to comply with applicable law, regulations, and Service Agreements. After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
For the purposes set out in this Privacy Policy, we or one of our affiliates or an unaffiliated service provider may process and store your personal information outside of the province in which you reside and/or outside of Canada and the United States, and under the laws of those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other provinces or foreign jurisdictions may be entitled to access your personal information.
Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway, the United Kingdom, and, to the extent applicable, Switzerland).
Data Controller. Data protection laws in the EU differentiate between the “data controller” and “data processor” of personal information. Axonify is the data controller for the processing of personal information relating to mobile application users, web application users, website visitors and representatives of customers and prospective customers. You can find our contact information in the “Contact Us” section below.
Data Processor. Axonify is the data processor for the processing of your Customer Data relating to Customer Data. If you are an employee who provides Customer Data through our Services, please contact the Company with which your account is affiliated to exercise the rights described below.
Legal Bases for Processing. This Privacy Policy (the paragraph “How We Use Personal Information”) describes the legal bases we rely on for the processing of your personal information. Please contact us if you have any questions about the specific legal basis we are relying on to process your personal information.
As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your personal information for our legitimate interests, what these interests are and your rights. We will not use your personal information for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.
Your Rights. Pursuant to the European Union General Data Protection Regulation (“GDPR”), you have the following rights in relation to your personal information, under certain circumstances:
Please see the “Contact Us” section below for information on how to exercise your rights.
We are a Canadian company and we store and process data in Canada and the United States. If you choose to provide us with information, please understand that your personal information may be transferred to us and to our affiliates and subsidiaries or to other third party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information. If you are in Europe or Switzerland, when we send your personal information to Canada, it is protected under Canadian law, which the European Commission has found will adequately protect your information. For transfers to other countries, we use European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information in accordance with this Privacy Policy regardless of where it is processed or stored.
You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personal information may be transferred outside of your country or jurisdiction to other jurisdictions as indicated above, in accordance with applicable law.
We reserve the right to modify this Privacy Policy at any time to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal information. When we do, we will also revise the “Last Updated” date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by placing a prominent notice on our Website. The Privacy Policy posted at any time or from time to time via the Website shall be deemed to be the Privacy Policy then in effect.
You can help us maintain the accuracy of your personal information by notifying us of any changes to this information. You may contact us to request access to or correction or update of your personal information using the contact information provided in the "Contact Us" section of this Privacy Policy.
California residents have the following rights under the California Consumer Privacy Act of 2018 (“CCPA”):
If you would like to exercise one or more of the above rights, please contact us as indicated in the “Contact Us” section of this Privacy Policy. We may need you to provide additional information to verify your request, such as providing certain data elements so that we can confirm they match the personal information already maintained by us. We will not use this additional information for anything other than handling your request. You may designate an authorized agent to make a request in certain circumstances on your behalf. Such authorized agent must be registered with the California Secretary of State. We endeavor to provide information on action taken on these requests without undue delay and in any event within 45 days of receipt of the request. If we require more time, we will inform you of the reason and extension period in writing.
Additionally, California Civil Code Section 1798.83 permits visitors to the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.
Whether or not you provide personal information to us is completely up to you, but if you choose not to provide information that is needed to use some features of our Service, you may be unable to use those features.
In the event that you have any questions, comments or concerns about our Privacy Policy or if you have reason to believe that we may have failed to adhere to this Privacy Policy, please contact our Data Protection Officer at: