Privacy Policy

If you are in Europe please click here to view your privacy notice.


Introduction, Definitions and Acceptance

Welcome to Nirvana! We are sure you will like using the Nirvana services and we are confident that Nirvana will help you get things done. This Privacy Policy (the “Policy”) may get a little confusing because it covers a lot of situations, so let’s define some things right up front that we’ll refer to throughout this Policy, to try and make things clearer:

Application” refers to the free Nirvana app for iOS or Android. Application also includes any Application updates and upgrades that Nirvana may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate privacy policy. The Application may be either the “iOS Application” or “Android Application”, which are what they sound like.

Device” – the handheld or tablet device running iOS or Android onto which you downloaded the Application and are using the Nirvana Service.

Nirvana” refers to Nirvanahq Inc., a duly incorporated company in the province of Quebec, Canada. Where the present Policy refers to “Nirvana”, it may refer to Nirvana or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. In this Policy, a Website visitor or Service user may be referred to as “you”. If you have upgraded to Nirvana Pro, you may also be referred to as a “Customer” (and awesome!).

Service” is the software service that Nirvana has developed to help you GTD® that you may sign up for, access and use either through the Website or the Application. It comes in two flavours, the free and Pro versions. The Pro version may be referred to as “Nirvana Pro”. If you are using the Service, you may be said to have an “Account”.

Website” is the website of Nirvana located at https://nirvanahq.com/, and includes all subdomains, present and future. These subdomains include but are not limited to https://focus.nirvanahq.com/, which is where you can access your Account and use the Service on the Web.

There will be additional definitions made throughout this Policy, but you’ll be able to recognize them as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use, and will have the same meaning in this Policy as they do there.

By visiting the Website, using the Service on the Website, and / or installing, using or accessing the Application on your Device, you hereby accept the present Policy without qualification. In English, that means you agree to Nirvana’s treatment of your information as described in this Policy no matter how you interact with Nirvana. If you don’t agree, don’t use the Service and delete the Application from your Device (if you have downloaded it).

The Policy was last modified on March 15, 2022. Nirvana reserves the right, at any time and without prior notice, to modify or replace any portion of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Service following any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified upon logging-in to the Service or via email.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Website or Application.

If you have any questions about the Policy, or if you wish to know what Personal Information Nirvana holds about you, please contact:

Nirvana Legal Services

Nirvanahq, Inc.
5455 Av. de Gaspé, Suite 710
Montréal, QC H2T 3B3
Canada

Or by email legal@nirvanahq.com


General Statement of Privacy and Protection of Personal Information

Nirvana takes your privacy and security of personal information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.


What Does This Privacy Policy Cover?

This Policy covers the treatment of personally identifiable information (“Personal Information”) and other information gathered by Nirvana when you are visiting the Website or using the Service. This Policy also covers Nirvana’s treatment of any Personal Information that Nirvana may share with its partners or other third parties under very limited circumstances.

The Policy also covers “User Data”, which is data that you create while using the Service, such as Actions and Projects you create and the related information such as tags and notes.

This Policy does not apply to the general practices and treatment of information by third parties that Nirvana does not own or control, including but not limited to any third party websites or apps or services that you elect to access through the Website or Application or via a link from the Website or Application (“Third Party Services”), or to individuals that Nirvana does not manage or control. While we attempt to facilitate access or link to only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

Finally, this Policy does not cover any Personal Information you send to Nirvana via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions, we encourage you to carefully examine what Personal Information you send to Nirvana via these methods.


No Collection of Personal Information as a Matter of Course

Nirvana does not, as a matter of course, gather any of your Personal Information while you are using the Website or Service, unless you are asked to provide such information. Where you have provided such information, it will only be used for the stated purpose. The Personal Information collected and its uses are described in the next section.


Personal Information Collected and its Uses

In order to create an Account to use the Service, you must submit a valid email address. We use this email address to verify your log-in and to send you information about Nirvana and your Account. And that’s it. You may also submit your email address in order to sign up for the Nirvana newsletter – please see the Mailing List Management section further below in this Policy for more on that.

When you upgrade to Nirvana Pro, we ask for your first and last names, your credit card information, your phone number, and the billing address associated with the credit card. This information is only used to process the credit card transaction for your purchase. For more on the treatment of your billing information, please see the “Secured Payments” section further below in this Policy for more details.


User Data and its Uses

User Data is just that – yours. While Nirvana technically has access to your User Data as per the next section of this Policy, we don’t do anything with it. Nada, zip. We don’t read it, we don’t compile it, and we certainly do not sell or otherwise transfer it to third parties. The Service automatically indexes your User Data so you can search it (because that’s an important feature!), but that’s really it. We want you to be confident that your User Data is your own.


General Information Transfer from the Service

Any information (personal or not) or User Data the Service collects while you use it may be stored locally on your Device or Computer and then transferred to servers controlled by Nirvana, and Nirvana may obtain this information as a result of the data being sent to our servers from the Service. The information, however, is only used (or not used) by Nirvana as described elsewhere in this Policy.


Security and Encryption of Information

Nirvana uses only industry best practices (physical, electronic, and procedural) in keeping any and all data collected secure. In addition, Nirvana uses third party vendors and partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and host the Website, and these third parties have been selected for their high standards of security. For example, Nirvana uses Amazon Web Services, a recognized leader in secure data, for hosting of the Website and Service, and storage of User Data.

Where you are making a purchase of a Nirvana Pro Subscription on the Website, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for internet transactions. Not to mention, the entire Service runs over an https:// connection, not just our payment pages. Talk about secure!


User Control and Uninstall for the Application

For the Application, you can access and change certain user settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS or Android version. Nirvana has no control over these functions and denies any responsibility of your use thereof, and any data or Personal Information sent to third parties as a result of said activities.


Permissions – iOS Devices

The following is a complete listing and description of what functions on the iOS Device that were developed by third parties are accessed and / or modified by the iOS Application.

1. The Application uses the internet access of your Device (whether wi-fi or cellular data) in order to synchronize Account information and User Data between your Device and the Nirvana servers storing the data.


Permissions – Android Devices

The following is a complete listing and description of what functions on the Android Device that were developed by third parties are accessed and / or modified by the Android Application.

1. The Application uses the internet access of your Device (whether wi-fi or cellular data) in order to synchronize Account information and User Data between your Device and the Nirvana servers storing the data.


Limited Gathering of Information for Statistical and Security Purposes

Nirvana automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website and Application, but none of this information identifies you personally. For example, each time you visit the Website or use the Application we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website and Application users in the aggregate. Nirvana also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and which pages on the Website with a view to introducing improvements.

Nirvana reserves the right to use additional analytical or statistical programs or services in the future. Where any information (Personal or otherwise) is transferred to a third party in this manner, this section will be updated accordingly.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.


Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraphs and the sections in this Policy regarding Mailing List Management and Secured Payments, Nirvana does not divulge any Personal Information gathered via the Website or Application to third parties. Moreover, Nirvana does not sell any information regarding its users to third parties. Only the representatives, subcontractors, employees, directors and officers of Nirvana are responsible for the management and development of the Website and Application, and only these individuals have access to the information collected there. These representatives, subcontractors, employees, directors and officers all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website or Application infrastructure or the Internet or telecommunications services in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website or Application infrastructure or the Website or Application generally); (4) to a parent company, subsidiaries, joint ventures, or other organizations under common control with Nirvana (in which case we will require such entities to honour this Policy); (5) if Nirvana is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Nirvana uses certain Third Party Services in order to augment the Website. Personal Information may be transferred from Nirvana to these Third Party Services, but only to the extent required in order for them to function properly, and only upon your express submission of such information. These third party services are limited to Twitter for sharing of blog posts. If you are not already logged in to this Third Party Service, your Personal Information required to log in to your account is transferred securely from Nirvana to the Third Party Service. When your Personal Information is transferred to the Third Party Service, it is covered by its privacy policy, which we encourage you to read.


Mailing List Management and Anti-Spam Law

Nirvana uses MailChimp to manage our mailing list and send out emails. Personal Information is transferred to MailChimp in order for the mailing list to function properly. Your Personal Information is only used to send out emails properly; MailChimp does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. For more information, please refer to MailChimp’s Privacy Policy.

You may unsubscribe from Nirvana’s mailing list at any time, by following the link at the bottom of all Nirvana emails.

Nirvana is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada’s Anti-Spam Law (“CASL”, S.C. 2010, c. 23). If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy. And we apologise for that in advance! We’ll fix it, we promise.


Secured Payments

Nirvana provides two methods of secured payments for purchases of Nirvana Pro Subscriptions. You may use your credit card directly on the Website, in which case Personal Information is transferred securely to a third party Payment Processor, Recurly (via the Beanstream gateway). You may also make purchases using PayPal.

By making a purchase on the Website or via PayPal, you authorise Nirvana to use these Payment Processors and to transfer Personal Information to them, but only to the extent needed to complete the transaction. No credit card information is ever stored on servers controlled by Nirvana. Recurly and PayPal have our permission to store, on behalf of Nirvana, the data pertaining to the executed transactions by Customers of the Website (including credit card information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Nirvana Customers, and for follow-up as needed. This transactional data may be used for validation and registration purposes of Nirvana Customers, and to trace any fraudulent activities if necessary.

When a Customer makes a purchase and uses one of these Payment Processors, the Customer is covered by the Payment Processor’s privacy policy. We encourage you to read Recurly’s and PayPal’s privacy policies to learn more about how your Personal Information is treated by those third parties.


Tracking Technology ("Cookies")

Nirvana uses tracking technology (“cookies”) on the Website and Service and by using the Website and Service you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website and Service uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer. In addition, Google Analytics uses a cookie in order for us to be able to gather non-personally identifiable information as described elsewhere in this Policy. These are the only cookies used at this time, though Nirvana reserves the right to use additional cookies, in which case this section will be updated accordingly.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Website or Service by requiring you to re-enter certain information, including information required to use the Service, such as Account login information. Nirvana shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.


Access to and Deletion of Personal Information

If you wish to inquire about and access what Personal Information Nirvana holds about you, or if you wish to delete any Personal Information held about you from our databases, please contact us using the information further up in this Policy.


Risks Associated with the Internet and Wireless Data Transmission

Despite Nirvana’s efforts to ensure third parties will not access or obtain your Personal Information through the Website or Application, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication in this manner is subject to interception, loss, or alteration. You acknowledge and agree that Nirvana cannot be held responsible for damages resulting from the transmission of information (including Personal Information) in this manner and that such communications are at your own risk.


Limitation of Liability

Nirvana, and / or its respective employees, officers, directors, owners, officials, partners, partnerships, principals, subcontractors, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Application not in violation of the Policy.


Compliance with Privacy Laws

This Policy and Nirvana’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.