Nightfox Audio Privacy Policy
Nightfox Audio, Inc. (“Nightfox”, “Company”, “we” or “us”) is committed to the privacy of our clients, website visitors, and users of our applications, products, and services. This privacy policy (“Privacy Policy”) discloses what information is gathered about visitors to our website (“Website”) and users of our applications, products, and services (collectively the “Service(s)”), however accessed, and how that information is used. We have designed this Privacy Policy to identify how we collect, use, store and share your personal information.
SCOPE OF PRIVACY POLICY
We obtain and process Personal Information in different capacities. When we collect or process Personal Information for our own purposes, meaning that we determine how and what Personal Information is processed, we are the data controller. This Privacy Policy applies to our collection, use, disclosure, and protection of Personal Information where we are the data controller. It does not apply to Personal Information we process on behalf of our customers who are using our Services based on their instructions. Any Personal Information we collect or process on behalf of our customers is covered by the customer’s privacy policies and notices.
WHAT IS PERSONAL INFORMATION?
For purposes of this Privacy Policy, “Personal Information” means information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
CATEGORIES OF PERSONAL INFORMATION WE COLLECT
We collect certain categories of Personal Information. The categories and a description of the types of data collected in each category are as follows:
|
Category |
Examples of Personal Information Collected |
|
Identifiers |
A real name, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers. |
|
Customer Records |
Name, address, telephone number and employment. |
|
Commercial Information |
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies. |
|
Employment Information |
Employment history, resume, references, contact information, emergency contact information, professional certifications, associations, disciplines, pay requirements, licenses and certifications held, skills, and experience. |
|
Internet Activity |
Browsing history and information on a consumer’s interaction with our website. |
|
Geolocation Data |
Imprecise location information, like the city, state and ZIP code associated with your IP address. |
SOURCES OF PERSONAL INFORMATION AND THE PURPOSES FOR WHICH WE COLLECT AND USE IT
Nightfox obtains the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website or from information your computer or mobile device transmits when interacting with our Website or mobile applications, among other things.
- From third-party data sources. For example, from payment processors and fulfillment of products ordered.
We collect this Personal Information from you for the purposes described below.
|
Purpose for Collection and Use |
Examples |
Category of Data |
|
Business Purpose |
● To facilitate transactions ● To improve products and services ● To provide customer service ● To create accounts ● To inform our business strategies ● To engage in product research and development ● To monitor and improve our products and services ● To administer surveys |
● Identifiers ● Customer Records ● Internet Activity
|
|
Communication Purposes |
● To respond to your requests or inquiries ● To send you newsletters and updates ● To provide information about our products and services |
● Identifiers ● Customer Records |
|
Website Management Purposes |
● To troubleshoot problems with the Website ● To help improve the Website |
● Identifiers ● Internet Activity |
|
Marketing & Advertising Purposes |
● To serve you targeted advertising ● To send you email promotions |
● Identifiers ● Internet Activity |
|
For Compliance and Legal Purposes |
● To protect our legal rights and the rights of third parties |
● Identifiers ● Customer Records |
|
Analytics |
● To perform analytics on your use of the Website ● To understand the demographics and user preferences of Website visitors |
● Identifiers ● Internet Activity ● Geolocation Data |
INFORMATION WE COLLECT FROM THIRD-PARTY SOURCES
We collect Personal Information from various third-party companies and public sources as described below.
|
Purpose for Collection and Use |
Examples |
Category of Data |
Third-Party Source |
|
Marketing & Advertising Purposes |
We may receive information from our third-party advertising service providers. |
● Identifiers
|
● Service Providers ● Third-Party Marketing and Analytics Companies |
|
Commercial Purposes |
We use a third-party payment processor, Stripe. So, when you make a purchase online, we do not receive your credit card, debit card or other financial information. However, we do receive your contact information and purchase information from Stripe. To learn more about how Stripe protects your Personal Information, see their privacy policy at https://stripe.com/privacy. We may also use PayPal and WooCommerce (Automattic, Inc.) |
● Identifiers ● Customer Records
|
● Payment Processors
|
|
Website Management |
We may also receive Personal Information from our third-party analytics providers. |
● Identifiers ● Internet Activity |
● Website-related Service Providers, including analytics providers ● Third-Party Marketing and Analytics Companies |
HOW LONG DO WE KEEP YOUR INFORMATION
We retain Personal Information only as long as we have a legitimate business purpose to do so. These purposes may include retaining Personal Information in order to:
- Complete the transaction for which the Personal Information was collected;
- Continue our ongoing business relationship with you; and
- Satisfy any legal, regulatory, tax, accounting or reporting requirements.
To determine the appropriate retention period for individual categories of Personal Information we collect, we consider the nature and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of the Personal Information; the purposes for which we process that Personal Information and whether we can fulfill those purposes through other means; and applicable legal, regulatory, tax, accounting, reporting and other requirements.
WHO WE SHARE YOUR INFORMATION WITH
Nightfox limits the release of information, and we require privacy protections in our business relationships. We may share your Personal Information when required by law, or with third parties that perform functions on our behalf or for whom we perform services. We may also share information to protect the interests of individuals or in connection with a sale of our business or a merger or acquisition.
|
With Whom We Disclose Personal Information |
Purpose for Disclosing |
Category of Information |
|
Employees |
Business Purposes: Processing orders; communicating with you; providing customer service; and improving our products and services. Website Management: Troubleshooting problems; improving the content and functionality of the Website; customizing the ways our Website is presented to you and other users. |
● Identifiers |
|
Service Providers |
Business Purposes: Processing orders; providing customer service; and performing analytics. Website Management: Hosting our Website; troubleshooting problems with our Website; improving the content and functionality of the Website; and performing statistical and other analyses of the Website. |
● Identifiers ● Internet Activity ● Customer Records |
|
Third-Party Advertising Networks and Social Media Platforms |
Marketing & Advertising Purposes: Sending targeted advertisements and other marketing communications. Business Purposes: Performing statistical and other data analytics for us. |
● Identifiers ● Internet Activity |
|
Government and Law Enforcement |
Legal Purposes: Cooperating with law enforcement and other governmental agencies and disclosing Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information; (ii) if we are advised to disclose Personal Information by our legal counsel; or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Nightfox or any other person or entity. We may also disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. |
● Identifiers ● Internet Activity ● Customer Records |
|
Professional Advisors |
Business Purposes: As necessary to receive advice from our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to us. |
● Identifiers ● Customer Records |
|
New Owners or Successors in Interest |
Business Purposes: In the event of a change in ownership or control of our business, we may disclose your Personal Information in connection with a contemplated or completed strategic business transaction such as a merger, acquisition, sale of all or substantially all of our assets or stock to a subsequent owner or operator, a dissolution, bankruptcy, liquidation or other similar business transaction where Personal Information may be shared, sold or transferred to that third party, including during the due diligence process. |
● Identifiers ● Internet Activity ● Customer Records |
|
Business Affiliates including Stacks |
Business Purposes: To facilitate business continuity and transactions amongst the corporate structure. |
● Identifiers ● Internet Activity ● Customer Records |
|
Other Users |
Digital Millennium Copyright Act Requests. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates, in order to facilitate a prompt resolution of the copyright infringement claim. |
● Identifiers |
Blogs and FORUMS
Our Website may, from time to time, offer publicly accessible blogs or community forums where you can submit ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content (“User Content”), including Personal Information. You should be aware that any User Content you provide in these areas may be read, collected, and used by others who access them. Please note that we do not control who will have access to the User Content that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.
To request removal of your Personal Information from our blog or community forum, contact us at help@nightfoxaudio.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. We are not responsible for the privacy or security of any User Content that you make publicly available on the Websites or what others do with the User Content you share with them on the Websites. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Websites.
Site Analytics, COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use cookies, beacons, tags, pixels, session replay and other tracking technologies on our Website to operate the Websites, to gather analytical data about use of the Websites and to service targeted advertising.
The below companies may collect Personal Information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection and use of your Personal Information and your rights, please use the below links.
- Google Analytics
We use a tool called “Google Analytics” to collect information about use of the Website across devices. Visitors can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ad Settings. You can opt out of Google Analytics without affecting how you visit the Website. For more information on opting out of being tracked by Google Analytics, visit this Google page.
- Hotjar We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
- TikTok Analytics We utilize TikTok Analytics to gather detailed information about the content that users engage with, including the specific videos they watch, the duration of their viewing sessions, and the frequency of their interactions. This data helps us understand user behavior and preferences more comprehensively. It’s important to note that TikTok Analytics may collect information that is considered personal data under various privacy laws. This means that any data collected is handled with the utmost care to ensure compliance with relevant regulations. For more detailed information, please refer to the “Information about TikTok Analytics” section on TikTok’s website Information about TikTok Analytics | TikTok.
- Chat Technologies
We use chat services and software code provided by Help Scout 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 Help Scout by clicking here and more about Help Scout’s Privacy and Data Protection practices by clicking here: Privacy Policy – Help Scout.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.
YOUR CONSUMER PRIVACY CHOICES
- Updating your Personal Information. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing us at help@nightfoxaudio.com. We will respond to your request within a reasonable timeframe.
- Opt Out of Targeted Marketing. If you wish to limit or opt out of third-party advertising, you can do one or more of the following:
- Change your Browser Settings. The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be uploaded to your device, including how to disable such technologies. You can disable our cookies, or all cookies, through your browser settings, but please note, disabling cookies may impact some of the features of our Site and prevent them from operating as intended. You can learn more about cookies, including how to see what cookies have been uploaded to your device and how to manage and delete them, by visiting All About Cookies. You can also visit our [add link to cookie policy] for additional information.
- Change your Preferences. To change your preferences with respect to certain online ads and to obtain more information about ad networks and online behavioral advertising visit the National Advertising Initiative Consumer Opt Out page and the Digital Advertising Alliance’s Consumer Choice Tool. Please note that even if you opt-out of receiving interest-based advertising, you may still receive advertisements, but they will be more general in nature. In addition, the electronic device you use to visit our Site may offer relevant privacy settings; please see the device settings for details.
- Opt Out of Marketing Emails.You can opt out of marketing or advertising emails by clicking on the unsubscribe button in the email or contacting us at help@nighfoxaudio.com with “Unsubscribe” in the subject line. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth in the “Contact Us” section below. Opting out of marketing communications does not prevent you from receiving other, non-marketing communications from us.
For more information about how we use cookies and other tracking technologies, and how you can exercise your choices regarding such technologies, please visit our [add link to cookie policy].
LEAVING OUR WEBSITE AND/OR LINKING TO THIRD PARTIES
When you leave our Website and go to another linked site, we are not responsible for the content or availability of the linked site. Please be advised that we do not represent either the third party or you if you enter into a transaction on the third-party site. Further, the privacy and security policies of the linked site may differ from ours.
INFORMATION SECURITY
We take the security of your Personal Information seriously. We use reasonable technical, administrative, and physical safeguards to maintain the security and privacy of Personal Information we collect and use. When disclosing Personal Information, you should remain mindful that there is always risk in sending Personal Information using the internet.
DE-IDENTIFIED / AGGREGATED DATA
We may aggregate or de-identify Personal Information we collect through our Website and when operating our business. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code. Once information or data has been de-identified and/or aggregated, such information is no longer Personal Information.
INTERNATIONAL USERS
Our Website is operated in the United States and intended for users located in the United States. Like almost every website, our Website can be accessed by an international audience. If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own.
California’s shine the light act
California Civil Code Section 1798.83 permits customers of a Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for the third parties’ direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve (12) calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to:
Nightfox Audio, Inc. Attn: Privacy 410 S 11th St Lincoln, NE 68508 help@nightfoxaudio.com
CHILDREN’S PRIVACY
We do not direct or target any of our Site, products, or services to children under the age of 13. If we learn that we have collected the Personal Information of anyone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information to us, please contact us at help. We will make reasonable efforts to remove such information from our databases.
NOTIFICATION OF CHANGES
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the top of this Policy or the top of the Website.
CONTACT INFORMATION
If you have any questions about the Privacy Policy or how we process Personal Information, please contact us at:
Nightfox Audio, Inc.
Attn: Privacy
410 S 11th St Lincoln, NE 68508
help@nightfoxaudio.com
We will periodically review and update this Privacy Policy and reserve the right to change or update it.
Last updated October 29th, 2024