Privacy Policy

Privacy Policy

1. Summary.

This Privacy Policy discloses the privacy practices for Night Out, Inc. (the “Site”). As the provider of the Website (referred to as “us”, “we” or “Night Out, Inc.”), is committed to protecting your privacy online. Please read the following to learn what information we collect from you (the “User”) and how we use that information. If you do not wish to agree to the Privacy Policy set in this document (the “Privacy Policy”), please refrain using this website; http://nightout.com, mobile website; m.nightout.com, iPhone app, Android app and all related Night Out, Inc. Products. If you have any questions about our privacy policy, please contact us at support@nightout.com.

I. Privacy Policy.

This Privacy Policy sets forth our policy with respect to information, including Personal Data ("Personal Data"), that is collected from users of and/or visitors to the Site (including through those users' and visitors' agents) ("you" or "your"), including (i) registered users who are event organizers ("Organizers"), (ii) users who want to purchase Event Tickets (whether free or paid) listed by Organizers on the Services ("Ticket Buyers"), and (iii) users who want to purchase Special Offers (“Offer Buyers”) (iv) and other general visitors to the Site (“Visitors”).

We take the privacy of your Personal Data and other information seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding the handling of your Personal Data and other information.

Privacy Policy Links: We make an effort to provide a link to this Privacy Policy in the footer of every page on our websites, including those pages on which Personal Data is collected, and to make it available in all of our software for you to constantly have access to review and monitor.

1. Consent.

By using the Site or allowing someone to use the Site on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy of any Personal Data or other information received by us as a result of such use.

2. Changes to the Privacy Policy.

If we, in our sole discretion, decide to change any part of the Privacy Policy, we will post those changes to this document, and other places we deem appropriate to notify you of such changes.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page.

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.

Personal Data.

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.

General Users: We collect Personal Data from you when you voluntarily provide such information to the Site . This occurs when you register for access to the Site and Services whether as a general User, Organizer or otherwise, purchase an event ticket as a Ticket Buyer, purchase a Special Offer as an Offer Buyer, contact us with inquiries, respond to one of our surveys and/or use certain parts of the Site. The Personal Data we may collect includes without limitation your name, address, email address, zip code, birth date, gender and other personally identifiable information. If you purchase an Event Ticket and/or Special Offer, we will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. When you as a Event Ticket Buyer and/or Offer Buyer voluntarily provide that information in connection with a purchase, it will be available to us and will be held by us in accordance with this Privacy Policy. In addition, such information may/will be delivered and/or shared with the Offer Merchant and/or Organizer of the applicable event and/or Special Offer.

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.

You can connect your Night Out, Inc. account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, gender, birth date, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Site.

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.

Night Out, Inc. uses Personal Data to provide you with products and services that enhance your use of the Site. We also use Personal Data to enhance the overall operation of the Site, improve our marketing and promotional efforts, send you information and news, analyze Site use, improve our product and service offerings, and to tailor your experience with third parties as provided. We may use Personal Data to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms and Conditions and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

7. Non-Personal Data

Non-Personal Data is information that does not identify a specific User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy.

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.

If you engage in Identification Activities, we may share the information you provide to Night Out, Inc. with Organizers and/or Merchants only in relation to your Identification Activities. Sharing this Information may allow a Night Out, Inc. Organizer and/or Merchant to market directly to you should they choose to do so. However, we will only share Personal Data with a Night Out, Inc. Organizer and/or Merchant if you engage in an Identification Activity, and then only to the Night Out Inc. Organizer and/or Merchant involved in that Identification Activity. providing your Personal Data to the Organizers of such event. These Merchants and Organizers are not bound to treat your Personal Data in accordance with this Privacy Policy. You agree that we are not responsible for the actions of these Merchants or Organizers with respect to your Personal Data. It is important that you review the applicable policies of the Merchants and Organizers of an offer or event before providing Personal Data or other information in connection with that offer or event. We specifically disclaim any and all responsibility or liability for the actions of such Night Out, Inc. Organizer and Merchant. We inform them that they are only permitted to communicate with you for the purposes of the specific promotions that relate to your involvement with Night Out, Inc. and the Identification Activity with them, we do not have any responsibility for the actions of the Night Out, Inc. Organizer or Merchant, and the actions of the Night Out, Inc. Organizers and Merchants are not in our control.

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.

We may remarket your information. Remarketing is a way for Night Out, Inc. to connect with users, based upon your past interactions with the Site Third-party marketing vendors may be hired by Night Out, Inc. to perform remarketing services. As a result, third-party vendors, including Google, may show Night Out Inc. ads on sites on the Internet. Third-party vendors, including Google, use cookies to serve ads based on a user's prior visits to Night Out Inc.'s website. Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html. This information is used only for remarketing purposes and will not be used by them for any other purpose.

We may share your information in a Business Transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personal Data. However, Personal Data would remain subject to this Privacy Policy and changes that we make to it in the future.

We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on the Site; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Site, its Users or others.

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 support@nightout.com 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 supprot@nightout.com. 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.

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

15. Data Tracking.

To facilitate and customize your experience with the Website, we store cookies on your computer. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Website, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personal Data from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly.

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.

This Privacy Policy only addresses the use and disclosure of information Night Out, Inc. collects from you on our Site and related products and services. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.

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.

17. Children.

We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will endeavor to delete that information from our databases.

18. Exclusions.

This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

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 Information

NIGHTOUT, Inc.
735 State Street, Suite 500-A
Santa Barbara, CA 93101, USA.
Customer Service Inquiries: info@nightout.com
For Business Inquires: sales@nightout.com
For Inquiries: 1-800-936-3126

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