Privacy Policy
Effective as of October 6th, 2023.
California Notice at Collection/State Law Privacy Rights: See the State law privacy rights section below for important information about your rights under applicable state privacy laws.
At Nightfox Audio, we deeply care about your privacy and we are committed to safeguarding the privacy of our website visitors and service users especially when it comes to personal information. This “Privacy Policy” describes the privacy practices of Nightfox Audio Inc. ( “Nightfox Audio”, “we”, “us”, or “our”) in connection with the www.NightfoxAudio.com website and any other website that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Nightfox Audio may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.
We provide important information for individuals located in the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) below.
Personal Information We Collect
Information you provide to us. Personal information you provide to us through the Service or otherwise may include:
- Contact information, such as your first and last name, email addresses, billing and mailing addresses, and phone number.
- Profile information, such as your username and password that you may set to establish an online account with us, your photograph, interests, and preferences.
- Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.
- Feedback or correspondence, such as information you provide and associated metadata when you contact us with questions, feedback, or otherwise correspond with us online.
- Financial information, such as your account numbers or payment card information associated with products or services you have purchased from us.
- Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.
- Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, technical and identification information about the device upon which you are running the Service, and information you provide when you use any interactive features of the Service.
- Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications
- Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Third party sources. We obtain personal information from other sources, such as:
- Data providers, such as information services and data licensors that provide professional and other information.
- Public sources, such as social media platforms.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our sites and other sites and online services. This information may include:
- Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type and version, screen resolution, IP address, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
- Online activity data, such as pages you viewed, referral sources, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and duration of access.
Chat technologies and monitoring. We use chat services and software code provided by Helpscout that collect users’ interactions with the Services in a manner that allow us to monitor and review these interactions for customer service and service improvement purposes. These interactions may include users’ personal information entered into the chat window, webpages visited on our website, IP address and geographic location information such as city, state or geographic area. These interaction replays help us identify and diagnose usability problems, identify areas for improvement and improve the customer experience when using the Services. You can learn more about Helpscout by clicking here and more about Helpscout’s Privacy and Data Protection practices by clicking here.
Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Policy for more information.
Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.
How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
To operate the Service. We use your personal information to:
- provide, operate and improve the Service
- provide information about our products and services
- establish and maintain your user profile on the Service
- enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
- facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service and providing chat or messaging functionality
- communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages
- communicate with you about events or contests in which you participate
- understand your needs and interests, and personalize your experience with the Service and our communications
- provide support and maintenance for the Service
- respond to your requests, questions and feedback
For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.
To send you marketing and promotional communications. We may send you Nightfox Audio related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt out of marketing communications” section below.
To display advertisements. We may work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”
To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
How We Share Your Personal Information
We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:
Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.
Payment Service Providers. Financial transactions relating to the Service are handled by our payment services providers, Stripe,WooCommerce Payments (Automattic), and PayPal. We share transaction data with our payment services providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices using the links below:
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
Your Choices
In this section, we describe the rights and choices available to all users. Users who are located within the European Union can find additional information about their rights below.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at help@nightfoxaudio.com.com. You may continue to receive service-related and other non-marketing emails.
Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites.
Privacy settings and location data. We make available certain privacy settings on the Service, including options to control direct marketing communications and limit the use of your information. You can access these privacy settings from within the account section on the Service. Your device or browser settings may provide the ability for you to revoke our ability to access location data.
Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.
Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.
If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.
Other sites, mobile applications and services
The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
Security Practices
The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
International Data Transfers
We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
European Union users should read the important information provided below about transfer of personal information outside of the European Union.
Children
The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law, will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.
Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
How to Contact Us
Please direct any questions or comments about this Policy or privacy practices to help@nightfoxaudio.com. You may also write to us via postal mail at:
Nightfox Audio, Inc.
Attn: Privacy
410 S 11th St
Lincoln, NE 68508
Notice to European Users
The information provided in this “Notice to European Users” section applies only to individuals in Europe.
Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller and Data Protection Officer. Nightfox Audio, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.
We have appointed a Data Protection Officer, who can be reached at dpo@nightfoxaudio.com.
Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.
Processing purpose (click link for details) Details regarding each processing purpose listed below are provided in the section above titled “How we use your personal information”. |
Legal Basis |
To operate the Service | Processing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Service you access and request. |
– For research and development – To send you marketing communications – To display advertisements – For compliance, fraud prevention and safety – To create anonymous data |
These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). |
To comply with law | Processing is necessary to comply with our legal obligations. |
With your consent | Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service. |
Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.
If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.
Retention
We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.
Your Rights
European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You may submit these requests by sending email to help@nightfoxaudio.com or in writing to our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-Border Data Transfer
If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed:
- Pursuant to the recipient’s compliance with standard contractual clauses or Binding Corporate Rules
- Pursuant to the consent of the individual to whom the personal information pertains
- As otherwise permitted by applicable European requirements.
You may contact us if you want further information on the specific mechanism used by us if we transfer your personal information out of Europe.
California Notice at Collection/State Law Privacy Rights
Except as otherwise provided, this section applies to residents of California and Virginia to the extent they have privacy laws applicable to us that grant their residents the rights described below, including the California Consumer Privacy Act (“CCPA”) and the Virginia Consumer Data Protection Act (“CDPA”) (collectively the “State Privacy Laws”).
It describes how we collect, use and share Personal Information of residents of these in operating our business, and their rights they may have with respect to that Personal Information. Please note that not all rights listed below may be extended to all users and that if you are not a resident of one of these states listed above, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it. Privacy laws change frequently so if you have questions about whether you are eligible to make the requests described below, please contact us. For purposes of this section, “Personal Information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside but does not include information exempted from the scope of the State Privacy Laws.
This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.
Your Privacy Rights
The State Privacy Laws may provide residents with, some, or all of the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
- Information/Know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting and/or selling Personal Information.
- The categories of third parties with whom we share Personal Information.
- The categories of Personal Information we have sold or disclosed for a business purpose.
- The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Appeal. You can appeal our denial of any request validly submitted.
- Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Opt-out of the Sale or Sharing for Targeted Advertising Purposes. You can opt-out You can opt-out of the sale of Personal Information and of certain processing of Personal Information for targeted advertising purposes.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.
How To Exercise Your Rights
You may exercise your California privacy rights described above as follows:
- Right to information/know, access, appeal, correction, and deletion. You can request to exercise your information, access and deletion rights by emailing help@nightfoxaudio.com
- Right to opt-out of the “sale” of your Personal Information or “sharing” of your Personal Information for Targeted Advertising. We do not sell your Personal Information in the conventional sense (i.e., for money). However, like many companies, we may share certain information with third parties and we use services that help deliver interest-based ads to you. The State Privacy Laws may classify this data sharing and our use of these services as a “sale” or “sharing” of your Personal Information to the advertising partners that provide these services. You can request to opt-out out of this “sale” or “sharing” of your personal information here: Do Not Sell or Share My Personal Information.
Verification of Identity; Authorized Agents
We reserve the right to verify your identity and to confirm your residency in order to process your information/know, access, appeal, correction, or deletion requests. To verify your identity, we may require government identification, a declaration under penalty of perjury, or other information, where permitted by law.
Under some State Privacy Laws, you may enable an authorized agent to make a request on your behalf. However, we may need to verify your authorized agent’s identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your State Privacy Laws rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.
Personal information that we collect, use and disclose
The chart below summarizes how we collect, use and disclose Personal Information by reference to both the categories defined in the “Personal Information We Collect” section of this Policy above and the statutory categories specified in the CCPA, and describes our current practices and those during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.
CCPA Statutory category | Personal Information (PI) we collect | Source of the PI | Purpose for collection | Categories of third parties to whom we “disclose” the PI for a business purpose | Categories of third parties to whom we “sell” the PI |
Identifiers |
-Contact information -Profile information –Feedback or correspondence |
–You –Public sources –Third Parties |
–To operate the Service –Research & development –Marketing & advertising –For compliance, fraud prevention, and safety –To comply with law |
–Affiliates -Service Providers -Other users of the Service and the public –Advertising partners -Professional advisors -Authorities and others -Business transferees |
Advertising partners (to facilitate online advertising) |
Commercial Information |
–Contact information –Feedback or correspondence -Transaction information –Marketing information –Device data –Online activity data |
-You –Third Parties |
-To operate the Service –Research & development –Marketing & advertising –For compliance, fraud prevention, and safety –To comply with law |
–Affiliates -Service Providers -Other users of the Service and the public –Advertising partners -Professional advisors -Authorities and others -Business transferees |
Advertising partners (to facilitate online advertising) |
Financial Information | Financial information |
-You –Third Parties |
-To operate the Service –Research & development –For compliance, fraud prevention, and safety –To comply with law |
–Affiliates –Service Providers –Professional advisors –Authorities and others –Business transferees |
None |
Online Identifiers |
-Contact information –Feedback or correspondence –Device data –Online activity data |
–You –Automatic collection –Third Parties |
-To operate the Service –Research & development –Marketing & advertising –For compliance, fraud prevention, and safety –To comply with law |
–Affiliates -Service Providers -Other users of the Service and the public –Advertising partners -Professional advisors -Authorities and others -Business transferees |
Advertising partners (to facilitate online advertising) |
Internet or Network Information | Device dataOnline activity data | Automatic collectionThird Parties | To operate the Service Research & developmentMarketing & advertisingFor compliance, fraud prevention, and safetyTo comply with law | AffiliatesService ProvidersOther users of the Service and the publicAdvertising partnersProfessional advisors Authorities and othersBusiness transferees | Advertising partners (to facilitate online advertising) |
Inferences |
May be derived from your: –Ac Contact information -Feedback or correspondence –Transaction information –Marketing information –Device data –Online activity data |
–You –Automatic collection |
-To operate the Service –Research & development –Marketing & advertising –For compliance, fraud prevention, and safetyTo comply with law |
–Affiliates –Service Providers –Other users of the Service and the public –Advertising partners –Professional advisors –Authorities and others –Business transferees |
Advertising partners (to facilitate online advertising) |
Protected Classification Characteristics | We do not intentionally collect this information but it may be revealed in identity data or other information we collect |
Additional information for California residents.
- Sensitive personal information. We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the California Consumer Privacy Act.
- Shine the light law. Under California’s Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes, and the categories of personal information disclosed. You may send us requests for this information to help@nightfoxaudio.com. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.