Privacy Policy

UPDATED AS OF: November 20, 2014

NightOwl (“NightOwl“, “we“, “us“, or “our“) is committed to maintaining your confidence and trust as it relates to the privacy of your information. This privacy notice (the “Privacy Notice“) describes our policies and practices regarding the collection, use, and disclosure of that information through our mobile application, including its interactive features and social media pages and their respective contents (collectively, the “Application”), whether accessed via computer, mobile device or other technology.

Please read this Privacy Notice carefully, because by using the Application, you are acknowledging that you understand and agree to the terms of this Privacy Notice.

QUICK GUIDE TO CONTENTS

1. INFORMATION WE COLLECT ON OUR APPLICATION.

2. HOW WE USE THE INFORMATION WE COLLECT.

3. SHARING OF INFORMATION.

4. INFORMATION WE RECEIVE FROM THIRD PARTIES.

5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.

6. CHILDREN.

7. SECURITY OF YOUR INFORMATION.

8. JURISDICTION.

9. CHANGES.

10. CONTACT US.

1. INFORMATION WE COLLECT ON OUR APPLICATION.

We may collect and process the following information about you:

Information You Provide To Us

Personal information: We may collect information that could reasonably be used to contact you, or to identify you personally, or that otherwise relates to you (such as your name, telephone number, or email address, demographic information (such as zip code, birth year, gender), geolocation information, email preferences, user ID, account password and password hint question. The types of Personal Information we collect may vary depending on your use of the features of the Application. For example, if you wish to invite your friends to use the Application or forward particular content from the Application to your friends, you may be asked to submit your friends’ contact information. Our use, sharing and protection of the other person’s information will also be subject to the terms of this Privacy Notice.

Contacts: You may allow us to access your address book from your computer, mobile device, or other sites, including Facebook. You may modify the access to your contacts by visiting the settings page in the Application.

Communications: You may send us communications, for example to report a problem or to submit queries, concerns, or comments regarding the Application or its contents; or you may send messages to others through the Application, which we may store in order to process and deliver, and allow you to manage them.

Public Content: You may share information that you post to the Application with your followers, including your reviews, photos, check-ins, comments, likes, dislikes, bookmarks, tags, friends, lists, compliments, and account profile. We may display this information on the Application and share it with businesses on the Application.

Information We Collect Automatically

Application Activity: We may collect information about your use of the Application, such as your search activity (including search filters that you use), your use of features on the Application such as interaction with friends and group activities, the pages you view, your likes, dislikes, check-ins, bookmarks and tags, the date and time of such use, and the businesses you call, obtain directions or order a ride to using our Application. We also may store information that your computer or mobile device provides to us in connection with your use of the Application, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

Cookies: Cookies are data files placed on a computer or mobile device when it is used to visit the Application (“Cookies”). We may use Cookies to collect and store certain information about you, for security purposes, to facilitate site navigation and to personalize your experience while visiting our Application. Cookies may also be used to associate you with social networking sites like Facebook, Foursquare and Twitter, if you so choose, to enable interaction between your activities on the Application and your activities on such social networking sites. We may use both session Cookies (which expire once you close the Application or your browser) and persistent Cookies (which stay on your computer or mobile device until you delete them).

Please be aware that if you disable or reject Cookies, some features and services on our Application may not work properly because we may not be able to recognize and associate you with your account.

Web Beacons: We may also include web beacons (also known as Internet tags, pixel tags, tracking beacons and clear GIFs) with the content that we deliver to you, which we will use to collect information regarding your interaction with such content. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer or mobile device that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in Cookies set by the third party. A web beacon may also tell your browser to get content from another server.

2. HOW WE USE THE INFORMATION WE COLLECT.

We use the information we collect about and from you to answer your search queries and requests; and provide you with personalized results to such search queries such as the venues you have bookmarked, checked in, liked or disliked, and your interaction with other users; verify your identity; communicate with you about your account and activities on the Application and, in our discretion, changes to any NightOwl policy; tailor content, advertisements, and offers we serve you; improve the Application (including personalized search results for you and others); comply with legal obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. We may collect your location based information for the purpose of providing you with venues in your area.

We may send you promotional emails, unless you have requested not to receive such promotional communications from us. You can opt out of receiving further promotional messages from us by following the unsubscribe instructions provided in the promotional email you receive. We may also send you Application-related communications unless or until such time as you terminate your account on the Application.

3. SHARING OF INFORMATION.

Except as described here, we will not trade, rent, or share any of your personal information to any third parties without your specific consent. We may share non-personal information, such as aggregate data and site or mobile application activity information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:

Third Parties Providing Services On Our Behalf. We may share your information with third parties that perform functions on our behalf (or on behalf of our partners) such as “powered by” partners, service providers that host or operate our Application, analyze data, advertising partners, sponsors or other third parties that participate in or provide marketing or promotional assistance. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.

Your information may also be used by us or shared with our affiliates, sponsors, partners, advertisers or other third parties who are providing services on our behalf to provide you with product information and promotional and other offers.

Your Agreement To Have Your Personal Information Shared. While on our Application, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites. If you agree to have your Personal Information shared, your personal information will be disclosed to the third party and the personal information you disclose will be subject to the privacy policy and business practices of that third party.

Links. The Application may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

Legal Disclosure. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce the Application’s policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, users of our Application or the public.

Business Transfers. We may share your information with other entities and our affiliates primarily for business and operational purposes. In the event that NightOwl is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction, subject to the terms herein.

4. INFORMATION WE RECEIVE FROM THIRD PARTIES.

We may receive information about you from third parties. You may also choose to participate in a third party application or feature through which you allow us to collect (or the third party to share) information about you, including site activity information, information such as lists of your friends, “likes”, comments you have shared, groups and location, and analytics (including, page views, shares, number of followers). In addition, we may receive information about you if a user of a third party website gives us access to their profile and you are one of their “connections” or information about you is otherwise accessible through your “connections,” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may supplement the information we collect about you through the Application with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities that we believe may be of interest to you.

5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.

You may always direct us not to share your information with third parties, not to use your information to provide you with information or offers, or not to send you emails or other communications by: (i) modifying your registered user information on the Application; (ii) sending us an email at admin@nightowl.com; or (iii) following the unsubscribe instructions within NightOwl’s emails.

If you wish to modify, verify, correct, or delete any of your information collected through the Application, you may edit your NightOwl account information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain information you have submitted through the Application. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at admin@nightowl.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook, Foursquare and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

6. CHILDREN.

The Application is not directed to children under 13. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

7. SECURITY OF YOUR INFORMATION.

We take information security seriously and use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Application and provide us with your information at your own risk.

8. JURISDICTION.

The Application is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. NightOwl makes no representation that the Application is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be processed in the United States. By using the Application, or providing us with any information, you (a) acknowledge that the Application is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

9. CHANGES.

We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

10. CONTACT US.

If you have any questions or concerns about this Privacy Notice, the practices of the Application, or your experiences with the Application, please contact us at: admin@nightowl.com.