Last updated: February 7, 2025

Nexus Novelty LLC (“we,” “us,” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website seapouches.com (the “Site”). By accessing or using the Site, you agree to the terms of this Privacy Policy. If you do not agree with the terms of this policy, please do not use the Site.

We reserve the right to update this Privacy Policy at any time. We will notify you of any changes by updating the "Last updated" date above. You are encouraged to review this policy periodically to stay informed of any changes. Continued use of the Site after any changes signifies your acceptance of those changes.

COLLECTION OF YOUR INFORMATION

We may collect the following types of information:

• Personal Data: Information such as your name, shipping address, email address, telephone number, and demographic details that you provide when registering or using features of the Site.
• Derivative Data: Information automatically collected by our servers, including your IP address, browser type, operating system, access times, and pages you visit before and after using the Site.
• Financial Data: Payment information collected during transactions, which may be stored by our third-party payment processor. We do not retain sensitive payment details directly.
• Contests and Surveys: Information you provide when participating in contests, giveaways, or surveys.

USE OF YOUR INFORMATION

We use your information to provide a smooth, personalized experience on the Site. This includes:

• Administering promotions, contests, and sweepstakes.
• Generating statistical analysis for business insights.
• Managing your account, orders, and payments.
• Sending targeted advertisements and promotions.
• Improving the functionality of the Site and enhancing user experience.
• Preventing fraudulent activities and ensuring security.
• Responding to your customer service requests and feedback.

DISCLOSURE OF YOUR INFORMATION

We may share your information under the following circumstances:

• Legal Compliance: To comply with legal obligations or to protect the rights and safety of others.
• Third-Party Service Providers: With third-party vendors who assist with payment processing, data analysis, customer service, marketing, and other business operations.
• Marketing and Affiliates: With your consent, we may share your information with marketing partners or affiliates for promotional purposes.
• Sale or Transfer of Assets: If we reorganize, merge, or sell all or part of our assets, your information may be transferred to the successor entity.

TRACKING TECHNOLOGIES

We use cookies, web beacons, and other tracking technologies to enhance your experience on the Site. Third-party services, including Shopify and its associated apps, Google Analytics, Google Search Console, and Facebook Pixel, may also collect data to help us analyze and optimize the Site’s performance. By using the Site, you consent to the collection and use of data via these technologies.

SECURITY OF YOUR INFORMATION

We implement reasonable security measures to protect your personal information, but no method of transmission or storage is completely secure. We cannot guarantee the security of your data against all risks.

CHILDREN'S PRIVACY

We do not knowingly collect personal information from children under the age of 13. If we learn that we have collected such data, we will take steps to delete it as soon as possible.

YOUR RIGHTS AND CHOICES

• Account Information: You can access and update your account information or request account deletion by contacting us.
• Email Communications: You can opt-out of promotional emails by updating your preferences in your account settings or contacting us directly.
• California Privacy Rights: If you are a California resident, you may request a list of the categories of personal information we shared with third parties for marketing purposes.

TERMINATION OF ACCESS

We reserve the right to deny access to the Site and its services at our discretion. This may include blocking certain IP addresses, suspending accounts, or removing content. Termination of access may occur without notice or liability.

MODIFICATIONS TO THE SITE

We may modify, suspend, or discontinue all or part of the Site and its offerings at any time. We are not responsible for any interruptions or errors during such changes.

GOVERNING LAW

These terms are governed by the laws of the State of Florida. Any disputes related to this Privacy Policy will be resolved according to Florida law.

DISPUTE RESOLUTION AND ARBITRATION

In case of privacy-related disputes, we encourage informal negotiation. If unresolved, disputes will be handled through binding arbitration in Hillsborough County, Florida. 

LIMITATION OF LIABILITY

We are not liable for indirect or consequential damages related to the use of the Site. Our liability is limited to the amount paid by you in the six months preceding any claim.

INDEMNIFICATION

You agree to indemnify us from any third-party claims arising from your use of the Site, violations of these terms, or privacy breaches.

Terms and Conditions for SMS Messaging Program
These Mobile Messaging Terms and Conditions (the “Agreement”) govern the participation in the SMS/MMS mobile message marketing program (the “Program”) provided by Nexus Novelty LLC. (“We,” “Us,” “Our”). By opting into or participating in any of our Programs, you agree to the terms and conditions outlined below, including the arbitration provisions in the “Dispute Resolution” section. This Agreement applies specifically to the Program and does not alter any other agreements between you and Us.

User Opt-In

By opting into the Program, you consent to receive SMS/MMS messages at the mobile number you provided. You agree that consent is not a requirement for making any purchases with Us. Message and data rates may apply.

User Opt-Out

To stop participating in the Program, you can opt out by replying to any message with "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT." You may receive a confirmation message acknowledging your opt-out request. This is the only valid method to opt out, and you must follow the procedure outlined above.

Duty to Notice and Indemnify

If you plan to stop using the mobile number associated with your Program participation (e.g., canceling your service, selling, or transferring the number), you agree to complete the opt-out process. You will be responsible for any costs or liabilities resulting from a failure to notify Us of such changes, including any claims arising from using the mobile number after it has been reassigned.

Program Description

The Program includes messages about physical products, promotions, and events.

Cost & Frequency

Message and data rates may apply. The Program involves recurring messages, and additional messages may be sent based on your interactions. For support, text “HELP” to the number you received messages from, or contact us via email at sales@seapouches.com. Please note that email support is not an acceptable opt-out method.

SMS Disclosure

The Program will send SMS messages to the mobile device you provided.

Disclaimer of Warranty

The Program is provided "as-is" and may not be available at all times due to changes made by your carrier. We are not responsible for any delays or failures in message delivery.

Participant Requirements

To participate, you must have a mobile device capable of two-way messaging with a participating carrier and an active text messaging service.

Age Restriction

Participation is restricted to individuals 21 years or older. 

Prohibited Content

You agree not to send prohibited content, including fraudulent, defamatory, illegal, or harmful messages.

Dispute Resolution

In the event of a dispute related to the Program, arbitration will be the sole method of resolution, as outlined in the “Dispute Resolution” section. This includes any claims related to federal or state laws or this Agreement. The arbitration process will take place in Tampa, Florida, and shall be governed by the rules of the American Arbitration Association.

Miscellaneous

You affirm that you have the necessary rights to enter into this Agreement and that no obligations you have elsewhere are violated by participating. We reserve the right to amend this Agreement and will notify you of any changes. Continued participation in the Program after changes are made constitutes acceptance of the new terms.

Contact Information

If you have any questions about this Privacy Policy or the practices of the Program, please contact us at:

Nexus Novelty LLC
1201 Tech Blvd Suite 110, Tampa, FL 33619
sales@seapouches.com
813-284-8042