Privacy policy

This Privacy Policy describes how Nyan Gear (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit or make a purchase from nyangear.com, use the Nyan Gear mobile application and connected LED devices, 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, app user, or another individual whose information we have collected. This Privacy Policy covers both our website and our mobile app.

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, 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 name, address, phone number, email.
Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
Account information including your username, password, security questions.
Shopping information including the items you view, put in your cart or add to your wishlist.
Customer support information including the information you choose to include in communications with us.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

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, 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.

Information We Obtain from Third Parties

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 Shopify.
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested.

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.

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.

Information We Collect Through the Nyan Gear Mobile App App

If you use the Nyan Gear mobile app, we (and, where noted, our service providers) collect the following categories of information to operate app features. Many of these features require a device permission, which you may grant or revoke at any time in your phone's settings; declining a permission may disable the related feature.

Account & authentication information — the email, username, and password you use to create an app account (passwords are stored in hashed/encrypted form).
Location information (including precise and background location). With your permission, we use your device's location, including in the background, to power Drive Mode (displaying your GPS-derived speed and deceleration/brake effects on your LED device) and to scan for and connect to nearby Bluetooth devices. Location used for Drive Mode is processed on your device to generate the on-device display; we do not use it for advertising and do not sell or share it.
Motion and sensor information. With your permission, we use your device's motion sensors (accelerometer/gyroscope) to improve the accuracy and responsiveness of the speed and brake display. This is processed on your device to generate the display.
Bluetooth and device information. We use Bluetooth to pair with and control your Nyan Gear LED device, including device identifiers, connection status, and pairing/security information.
Photos, media, and camera content. With your permission, we access photos or media you choose to upload, or a photo you choose to capture, so you can display it on your LED device. We access only the items you select.
User Content. Content you create or submit in the app — images, GIFs, animations, drawings, text, designs, playlists, usernames, and any content you post to the community feed — along with related actions such as votes, saves, reports, and blocks.
AI prompts and generated content. When you use AI image-generation features, the prompt and related information you submit are sent to our third-party AI provider to generate and return the requested image. AI-generated images you create are associated with your account.
Music / now-playing information. If you use Live Music, we read the title, artist, and (for Apple Music) album artwork of the track currently playing on your device to display it on your LED device. If you connect Spotify through Last.fm, we use the Last.fm username you provide to retrieve your recently played track from Last.fm.
Push notification identifiers. If you enable notifications, we collect a push token to deliver notifications.
Subscription and purchase information. If you purchase Nyan+ or in-app items, the transaction is processed by the Apple App Store or Google Play; we receive subscription status and related information (we do not receive your full payment card details).
App diagnostics and analytics. Device and app information, app version, settings, crash and error logs, and usage information, to operate, secure, and improve the app.

How We Use Your Personal Information

Providing Products and Services. To provide you with the Services and perform our contract with you, including to process payments, fulfill orders, send account and transaction notifications, create and manage your account, arrange shipping, facilitate returns and exchanges, and enable you to post reviews.
Operating the App and Connected Devices. To provide app features, connect to and control your LED device over Bluetooth, display your speed and brake effects (location and motion), show your currently playing music (music information), generate AI images at your request (prompts), operate the community feed (User Content), deliver notifications (push tokens), and manage your Nyan+ subscription and credits.
Marketing and Advertising. To send marketing, advertising and promotional communications by email, text message or postal mail, and to tailor the Services and advertising on our Site and other websites.
Security and Fraud Prevention. To detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you register an account, you are responsible for keeping your credentials safe; if you believe your account has been compromised, please contact us immediately.
Communicating with you. To provide customer support and improve our Services, in our legitimate interest to be responsive and maintain our business relationship with you.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see shopify.com/legal/cookies. We use Cookies to power and improve our Site and Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services. We may also permit third parties and service providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Removing or blocking Cookies can negatively impact your user experience and may cause some of the Services to work incorrectly or no longer be available.

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, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners, including Shopify, to provide services and advertise to you. Our partners will use your information in accordance with their own privacy notices.
When you direct, request 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 our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
In connection with a business transaction such as a merger or bankruptcy; to comply with applicable legal obligations (including to respond to subpoenas, search warrants and similar requests); to enforce applicable terms of service; and to protect or defend the Services, our rights, and the rights of our users or others.

We also disclose information to the following categories of providers to operate the app: our authentication and cloud-hosting/backend provider; our third-party AI image-generation provider (receives the prompts and information needed to generate your requested image); Apple (Apple Music now-playing information is read on your device) and, if you connect Spotify through Last.fm, Last.fm (receives the Last.fm username you provide); our subscription-management provider and the Apple App Store / Google Play (subscription processing and status); our push-notification provider; and analytics and diagnostics providers. Each processes information to provide services to us and, where applicable, under its own privacy policy.

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

Your App Permissions and Choices App

You control the app's access to sensitive information through your device settings. You can enable or disable location (including background/"Always" location), motion & fitness, Bluetooth, photos/media, camera, and notifications at any time in your phone's settings. Disabling a permission will turn off the related feature (for example, turning off location disables Drive Mode's speed display).

You may delete your account from within the app. Deleting your account results in deletion or de-identification of the personal information associated with your account, subject to the retention exceptions described in this Policy. Deleting the app does not cancel an active subscription — cancel Nyan+ separately through your Apple App Store or Google Play subscription settings.

User Generated Content

The Services may enable you to post product reviews and other user-generated content. 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. 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 young children, and we do not knowingly collect any personal information about children under 13. The Nyan Gear mobile app is intended for users 13 years of age and older. If you believe a child under 13 has provided us personal information through the app or Site, contact us using the details below and we will take reasonable steps to delete it. Riding-related features involve operating a vehicle and are the responsibility of a parent or legal guardian for any user who is a minor.

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 16 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." 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.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and 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. 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. Request access to personal information that we hold about you, including how we use and share it.
Right to Delete. Request that we delete personal information we maintain about you.
Right to Correct. Request that we correct inaccurate personal information we maintain about you.
Right of Portability. Receive a copy of the personal information we hold and request that we transfer it to a third party, in certain circumstances.
Restriction of Processing. Ask us to stop or restrict our processing of personal information.
Withdrawal of Consent. Where we rely on consent, withdraw it at any time.
Appeal. Appeal our decision if we decline to process your request, by replying directly to our denial.
Managing Communication Preferences. Opt out of promotional emails via the unsubscribe option; we may still send non-promotional messages about your account or orders.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details below. We will not discriminate against you for exercising any of these rights. We may need to verify your identity before responding. You may designate an authorized agent to make requests on your behalf, subject to verification.

Complaints

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

We Never Sell or Share Customer Data

Nyan Gear respects your privacy. We never sell, rent, or share any customer or subscriber information — including mobile numbers, email addresses, or order details — with third parties for marketing or advertising purposes.

Any phone numbers or contact details you provide are used solely for legitimate customer service communications, such as order updates, support messages, or responses to questions you initiate.

We will never share or sell your personal or mobile data with any outside organization, and we will never use it for unrelated marketing without your explicit consent.

This does not restrict our use of trusted service providers who process information on our behalf and solely to provide app and store features (such as connecting your device, generating AI images you request, or showing your currently playing music), as described in "How We Disclose Personal Information."

International Users

Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

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 email us at info@nyangear.com.