3. Types of Information Collected and Uses of Collected Information.
Night Out, Inc. collects two types of information about Site the User: Personal Data and Non-Personal Data each of which is described below.
Given the nature of the Site and different individuals use cases, we have separated out the descriptions of Personal Data into two respective categories; General Users and Organizers. This is to help clarify your use of the Site and what Personal Data Night Out, Inc. may collect as a result of that use.
4. Collection of Personal Data.
Organizers: We collect Personal Data from you when you voluntarily provide such information to the Site, such as when you register for access to the Site as an Organizer, contact us with inquiries, respond to one of our surveys or use certain Services. The Personal Data we may collect includes, without limitation your name, address, email address, zip code, birth date, gender, and other personally identifiable information. In some cases we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we may collect financial information from you (e.g., your bank account information and/or a billing address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number). Additionally, if you create one or many organizations to run your events we may collect data about that organization that may include Personal Data.
5. Facebook and Other Third Party Connections.
6. Personal Data Defined.
Personal Data is information that identifies a specific User. When you engage in certain activities on the Website, such as creating an account, or purchasing or using a Special Offer, Event Ticket or other products or services from the Site, creating an event, submitting any type of content and/or posting content or comments, sharing, filling out a survey, sending us feedback, requesting information about our services, submitting an affiliate agreement, applying for a job, posting a video or signing up for special offers from third parties through the Website (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity on the Site. If you elect to engage in an Identification Activity, however, we may ask you to provide us with the Personal Data related to that Identification Activity. Depending on the Identification Activity, some of the information we ask you to provide is indicated as Required and some is identified as optional. If you do not provide the mandatory information for a particular Identification Activity that requires it, you will not be permitted to engage in that activity.
7. Non-Personal Data
Night Out, Inc. uses Non-Personal Data to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
3. Release of Personal Data.
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below:
8. Organizers, Merchants & Third Parties.
We may share your information with Authorized Third Party Service Providers. Night Out, Inc. may provide services and products through third parties. These (“Third Party Service Providers”) may perform functions and objectives on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personal Data with such Service Providers to fulfill purchases, send postal or email, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom Night Out, Inc. has a business relationship and may share your information with Service Providers to accomplish our administrative tasks. We encourage Night Out, Inc. Organizers and Merchants and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personal Data by such parties is governed by the privacy policies of such parties and is not subject to Night Out, Inc. control.
Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions. Examples of such functions include mailing information, ticket fulfillment, fraud prevention, maintaining databases and processing payments. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
9. Release of Non-Personal Data.
We may disclose or share Non-Personal Data with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personal Data) with “Third Party Advertisers” or “Third Party Advertising Companies”.
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer the Site and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personal Data, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by Night Out, Inc.
Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non-Personal Data for any lawful purpose.
10. Updating and Correcting Information.
We believe that you should have the ability to access and edit the Personal Data you provide to Night Out, Inc. on the Site or other methods. You may change any of your Personal Data by logging into your account and accessing the "My Account" section of the site, sending us an email at [email protected] or writing to us at:NIGHTOUT, Inc.
735 State Street, Suite 500-A
Santa Barbara, CA 93101, USA.
Please indicate your name, address and email address, and what information you would like to update when you contact us.
We encourage you to promptly update your Personal Data if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Site. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.
User Options on Collection and Use of Information.
As discussed above, you can always choose not to use the Site or provide information, although it may be required to engage in a certain activity on the Site.
As a condition of a purchase of Night Out Inc. Event Tickets, Special Offers, our products and services, we may send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about Night Out, Inc. products and promotional offers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including Offers, Events, Updates, offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at [email protected] By writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of the Promotional Emails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive.
11. Security of Information.
We take security seriously and take numerous precautions to protect the security of Personal Data. You can access your Personal Data on the Site through your Account. When you create your Account your password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personal Data resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your Personal Data is safe as it is transmitted to us.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable and current industry standard security measures to protect data and seek to partner with companies, which do the same, we cannot guarantee the security of any information transmitted to or from the Site, and are not responsible or liable for the actions of any third parties that may receive any such information.
12. Storage and Security.
We may store Personal Data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.
13. Retention and Deletion.
We may retain your Personal Data as long as you continue to use the Services. You may close your account by contacting us. However, we may retain Personal Data and Non-Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media and other information systems.
14. Links to Other Web Sites.
15. Data Tracking.
Night Out Inc. may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf.
Privacy Policies of Third Party Websites.
16. Location Data.
In order to better serve you and present you with relevant data, Night Out, Inc. will automatically obtain your location data. If you would not like to share your Location Data please refrain from the Site. Night Out, Inc. will never share or freely distribute your Location Data to a third party. Legal Requirements.
We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability.
19. Miscellaneous Privacy Issues.
Minors under the age of 18 may not use the Website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Night Out, Inc does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults.
Public Areas. We may provide areas on our Website where you can publicly post information about yourself, post about your experiences, post your opinions, you can communicate with others such as activity walls or blogs, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews.
Notice of Privacy Rights to California Residents.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personal Data that we collect through the Website and the categories of third party persons or entities with whom such Personal Data may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personal Data we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personal Data you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personal Data or requesting this notice.
20. Contact Information.
Whether you’re a new or loyal user, Merchant, Organizer, venue owner, marketer, publisher, media member or job seeker we’d like to stay connected and want to hear from you!
Corporate Contact InformationNIGHTOUT, Inc.
735 State Street, Suite 500-A
Santa Barbara, CA 93101, USA.
Customer Service Inquiries: [email protected]
For Business Inquires: [email protected]
For Inquiries: 1-800-936-3126