Privacy Policy

Nigh Technologies, Inc.

Effective Date: August 11, 2023

Nigh Technologies, Inc. (“Nigh Technologies,” “Nigh,” “we,” “us,” or “our”) respects your privacy and is committed to complying with all laws and regulations governing your personal information. This Privacy Policy governs what information we collect and what we do with that information in relation to the Nigh Technologies application and website (collectively, the “App”) and the services available through the App (the “Services”), and your choices about the collection and use of that information. This Privacy Policy may be updated from time to time at our discretion.

If you have any questions about our Privacy Policy, please feel free to contact us by email at support@nigh.com.

1. Scope of Privacy Policy

This Privacy Policy applies to information collected about you by or through the App. By using the App, you understand and agree that Nigh Technologies is providing a platform to discover, purchase, and then redeem tickets to local events from nearby businesses and to interact with local businesses and other people in the local community, among other Services. Further, you understand and agree that the Services may include the ability for you to post content and information, including photos, videos, and other materials (“User Content”). This Privacy Policy does not cover any information collected through any other website or application. Please note that the App may contain links to other websites or applications not controlled or created by Nigh Technologies. We are not responsible for the privacy practices of those sites or applications, and we recommend that you review the privacy policies of each website that you visit.

This Privacy Policy applies to all visitors, users, and others who use the App or access the Services (the “Users”).

2. Information Collected. We collect the following types of information:

Information you provide directly:

  • Your mobile phone number, username, password, birthdate, and e-mail address when you register to use the App;

  • Profile information that you provide in your user profile including a profile picture;

  • User Content (e.g., photos, text, information, likes, friends, and videos) that you post to your account and/or upload to the App;

  • Communications between you and Nigh Technologies. For example, we may send you App/Service related texts, emails, alerts, or other notifications (e.g., account verification, changes/updates to features, technical and security notices). You may not opt out of some of the App/Service related notifications and e-mails;

  • Contacts listed on your device, if you choose to sync your contacts with the App;

  • Financial information that you voluntarily provide to us, such as information collected from you as needed to process payments for purchases or other payments made through the App, or as provided by you to administer your purchase of products and your participation in optional services and programs, such as your payment card number, expiration date, and card verification number; and

  • Other information you voluntarily provide to us, including but not limited to specific location information provided through the GPS functionality on mobile devices used to access the App.


Information we collect automatically. We may collect or obtain certain information about you automatically when you use the App, including:

  • Date and time of your download and/or use of the App;

  • Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordae with applicable law;

  • Information about your interactions through the app related to offers, events, orders, ratings, and interactions between you, local businesses, and other people.

 

Some of the information provided may include personally identifiable information (“PII”). If you give us PII on behalf of someone else (or someone else provides us with PII on your behalf), the person providing the PII must have consent to do so from the person whose information is being provided to us. Certain parts of the Products or the App may be offered in conjunction with another company. If you provide PII in such cases, both Nigh Technologies and the other company(ies) may receive the information collected and use the information according to each company’s respective privacy policy and agreement with you.

Cookies and Similar Technologies. When you use the App, we may use cookies and similar technologies to collect information on how you use the App and provide features to you. We may ask advertisers or other partners to serve ads or services to your device(s), which may use cookies or similar technologies placed by us or the third party.

Log File Information. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) an application. It can also be provided when the content of the application is downloaded to your browser or device. When you use the App or Service, our servers automatically record certain log file information, including your web request, Internet Protocol address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the App or Service.

Device Identifiers. When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Nigh Technologies. A device identifier may deliver information to us or a third party about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if the use or availability of device identifiers is impaired or disabled. 

Location Information. We may collect different types of information about your location, including general information, such as the city, state, and/or zip code associated with your IP Address, and, if you agree, more specific location information that is provided through the GPS functionality on mobile devices used to access the Service. You may be able to disable our collection of location data through your device or browser settings. Some features of the Service may not function properly if the collection of location data is impaired or disabled.

3. Use of Information

We generally use information we collect about you to:

  • Improve or enhance the functionality and support of the App and Services;

  • Collect, compile and store your information so you do not have to re-enter it during your visit or the next time you visit the App;

  • Provide, improve, test, and monitor the effectiveness of our App and Services;

  • Develop and test new products and features;

  • Diagnose or fix technology problems;

  • Automatically update the App on your device;

  • Generally enhance our understanding of the market for our products and services;

  • Understand how you are using the App and Services;

  • Facilitate and fulfill orders or transactions made using the App, and track the fulfillment of tickets, orders, offers, reservations, and bookings;

  • Process, manage, and confirm bookings with Third Parties;


  • Reach out to you occasionally through SMS regarding the status of your account (message and data rates may apply);

  • Process and manage payments;

  • Determine your eligibility for tickets, offers, services, or products that are offered through the App;

  • Tailor our communications to you;

  • Enable you to connect to third party vendors and business partners at your option;

  • Evaluate and analyze the effectiveness of marketing and advertising content;

  • Prevent potentially prohibited or illegal activities in accordance with the App’s Terms of Use; and


For any other purposes disclosed to you at the time we collect your information or pursuant to your consent or pursuant to updates to this Privacy Policy.

 

Analytics Information. We use third party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the App and/or Service. 

4. Disclosure of Information

We may share the information collected from you as follows:

With your consent. Nigh Technologies will not share, sell, or license your contact or other information except with your consent or as otherwise listed in this Privacy Policy.

Parties With Whom We May Share Your Information. We may share User Content and your information (including but not limited to, transaction related information, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Nigh Technologies is part of, or that become part of that group (“Affiliates“). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and the Affiliates’ own services (including by providing you with better and more relevant experiences).

We may share User Content and your information with Third Parties to provide you with products and services that you request or purchase through the App, including as needed to process, fulfill, manage, and track tickets, purchases, orders, inquiries, reservations, and bookings.

We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Business transfers. We may share your information in connection with a substantial corporate transaction such as a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

Legal requirements. We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations. This may include responding to legal requests from jurisdictions outside the United States where we have a good faith belief that the disclosure is required by the law of that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve, and share information when we have a good faith belief that it is necessary to: detect, prevent, and address fraud and other illegal activity, to protect ourselves, you and others, including as part of investigations, and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Protect our App and Services and Users. We may disclose information to protect and defend the legal rights, interests, and safety of Nigh Technologies, our employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of users of the App and members of the public; and as otherwise disclosed in our Terms of Use.

5. Storage and Processing

Your information collected through the App or the Services may be stored and processed in the United States or any other country in which Nigh Technologies or its Affiliates maintain facilities. Nigh Technologies and its Affiliates may transfer information that we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. The App is intended only for users in the United States. By using the App, you are transferring your information to us in the United States, and you agree and consent to our collection, transfer, and processing of your information in accordance with this Privacy Policy. If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

By registering for and using the App and/or Services, you consent to the transfer of information to the United States or to any other country in which Nigh Technologies or its Affiliates maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Length of Storage. Following termination or deactivation of your account, Nigh Technologies or its Affiliates may retain information (including your profile information) and User Content for a commercially reasonable time for backup-archival, and/or audit purposes. If it is necessary to store any information for a longer period of time, all identifying information shall be removed so that it cannot reasonably be used to identify any particular individual or User (i.e., is non-identifying). 

6. Your Choices

It may be possible to visit and use the App without directly providing any personal information; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features.

We use cookies to understand how our visitors use the App. You may have choices about whether cookies and other similar technologies are placed on your mobile device through your internet browser’s blocking features; however, some features may not work well if you block our use of cookies.

You can update your account at any time by logging in and changing your profile settings. 

You can unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of some Service-related communication (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

7. Access

If you choose to share contact information with us, you may change or ask us to change or update your information by contacting us. Please note that we may need to retain some information about you in order to satisfy our legal and security obligations. For example, some of your information may remain in back-up storage even if you ask us to delete it. In some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.

8. Protection of Information

We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure and therefore we cannot guarantee the security of any information you transmit to us. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Nigh Technologies, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.

9. Privacy Protections for Children

The App and Services are intended for adults and children age 13 or older. Children under the age of 13 are not permitted to use the App or Services pursuant to our Terms of Use and we do not knowingly collect or store contact information about children under the age of 13.

10. User-Generated Content

Users may in some instances submit their own content for potential use on the App. Publication of such user-generated content on the App is subject to our discretion and compliance with our Terms of Use; provided, however, that we are not obligated to review any such user-generated content. Please remember that any information you disclose becomes public information, and please exercise caution when deciding whether to disclose your contact, financial, or other personal information in a submission. We cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.

11. Third Party Sites

When you select a link to a third party web site from the App, you will be leaving the App. Any information that you disclose on the linked third party site will be governed by that site’s privacy policy and not by this Privacy Policy.

12. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices and service offerings. If we modify our Privacy Policy, we will update the “Effective Date” at the top of this page and such changes will be effective upon posting. We will also keep prior versions of this Privacy Policy in an archive for your review.

13. Questions

If you have questions regarding this Privacy Policy, please contact us at the email address below and we will do our best to respond to your request within a reasonable period of time. You may also submit questions or comments using the postal address listed below:

support@nigh.com