Privacy Policy

Version 2.0, valid from September 2023

Welcome to Nocto! 

We value your privacy and process your personal data (i.e. information relating to an identified or identifiable natural person) within the meaning of the General Data Protection Regulation 2016/679 (“GDPR”) and relevant national legislation. 

In this Privacy Policy (“Policy”) Nocto will explain to you which personal data is collected by our (mobile) software and platform application known under the name ‘Nocto’ (the “App”) or websites, and how Nocto uses, communicates, discloses and otherwise processes and protects your personal data, such to the best of our abilities.

Please note that this privacy statement does not apply to information that you provide to or is collected by any third-party service or product provider (which may include hospitality or event partners connected to our platform). These third-parties may have their own privacy policies, which we encourage you to read before providing personal data through them.

This Policy can also be viewed and downloaded from the website at <https://www.noctoapp.com/privacy-policy> or may be sent to you upon request. 

1. DEFINITIONS

In this Privacy Policy the following words have the following meaning:

Nocto: the provider of the App and Website specified under 2., hereafter also referred to as “we”, “our” and “us”

Website(s): the websites managed by Nocto, including <www.noctoapp.com> and <www. business.noctoapp.com>.

App: the mobile software platform application known under the name ‘Nocto’ and available on ios and android.

User: the user of the App or visitor of the Website, also referred to as “you” and “your”, which may pertain to both consumer and business users. 

2. IDENTITY AND CONTACT

Nocto International B.V.

Westblaak 7

3012 KC Rotterdam 

KvK: 67722148 

E: info@noctoapp.com

3. PERSONAL DATA TYPES AND PURPOSES 

Nocto processes personal data, if you visit our Website, make use of our App and/or when you contact us and provide the personal data to us yourself.

An overview of the personal data that we process:

- e-mail address;

- date of birth

- gender;

- location data;

- IP address, browser type, device information (e.g. type of device, operating system information);

- data about your activities on our Website;

- reviews regarding your assessment of products and services uploaded and posted via the App;

- photos or videos voluntarily uploaded and posted via the App; 

- other personal data that you have disclosed, for example via the website, in correspondence and by telephone.

Website visits

When you visit our Website, we will collect your IP address and (technical) information such as internet browser type, device information (e.g. type of device, operating system information) and analytical information relating to your use of our Website. 

The legal basis for processing these personal data types can be found in the legitimate interest of Nocto as we want to make our Website and App as user-friendly as possible. 

App use and sign up

When you download our App and sign up for a personalised account in order to make use of the App, we ask you to provide the following types of personal data in order to provide you with login credentials and in order to enable your access to and use of the App:

• (fictive) username;
• email address;
• birth date; 
• gender.

The legal basis for processing these personal data types can be found in (the preparation of) providing you with access to the App and allowing you to use the App.

In addition to the above, you may also voluntarily provide additional information such as a profile picture. To be able to make full use of our App and related services, you will also have to provide us with your location. This means you need to enable your GPS/location services on your mobile device and allow Nocto to access information about your location. 

When you interact with our App you will also be able to post real-time photos and videos of the hospitality / event venue you are visiting respectively attending. We call this “Insights”. In order to be able to post Insights, you have to be within a range of 100 meters from the hospitality / event location you are posting Insights of. In order for us to verify whether you are within this range, your mobile device’s GPS/location services have to be enabled.

We may use these types of personal data to fulfil your requests (e.g. share your content, share your experience with hospitality/event Partner(s)), improve the App, display relevant advertising, market relevant hospitality/event Partners based on your location, provide customer support and to follow up on contact requests.

The sharing of these types of personal data is based on consent.

Newsletter

When you use our App, or signed up for our newsletter, we may occasionally keep you informed about new app functionalities, partnerships, information about promotions and offers, technical service messages, surveys and developments in connection with new related products or services.

The processing of personal data in this regard occurs on the legal basis of having a legitimate interest to keep you informed of new releases or updates of the App and potential new related products or services of Nocto. 

4. MINORS

Our App is not intended for individuals under the age of 18 years old. We do not solicit or knowingly collect any personal data from persons under the age of 18 years. If you have reason to believe that we have processed personal data from a person under the age of 18 years, please contact us and we will delete the personal data. 

5. PERSONAL DATA WE SHARE WITH THIRD PARTIES

We will never sell your personal data to third parties. In principle, your personal data will not be shared with third parties, unless in the following circumstances:

1. where we engage external suppliers/companies for the benefit of our App- or service performance ("(sub-)processors");
2. organizations to detect, analyse or prevent fraud, security breaches or other prohibited or illegal activities; 
3. (regulatory or government) authorities or organizations to whom we must disclose certain personal data on the basis of a legal obligation;
4. where we change our legal structure, for example when we are acquired by a third party or when we become part of another legal entity, the personal data held by us is considered a part of our assets and will as such be transferred to the new legal entity. However, in any case your personal data will be subject to our commitments as specified herein.

To the extent personal data will be transferred to countries or third parties outside the European Economic Area (EEA), we will take into account the statutory requirements in relation thereto.

6. PROTECTION AND RETENTION OF PERSONAL DATA

We have taken adequate technical and organisational measures to protect your personal data against loss and the unauthorised access or misuse thereof. 

We retain your personal data no longer than is necessary for the purpose for which we have collected the personal data, or in correspondence with an applicable statutory retention term. You may at all times request the removal of your personal data. We will respond to such request within the statutory timeframe.

7. YOUR RIGHTS

You have the right to request access to or the amendment, deletion or data transfer of your personal data. You may also submit a request to restrict or object to certain data processing. You furthermore have the right to withdraw any previously provided consent. 

Once you no longer want to make use of the App, you can request the deletion of your account within the App and uninstall the App. Any personal data relating to your Account will then be irrevocably deleted within sixty (60) days. 

You may direct any requests or complaints regarding the processing of your personal data to us via the contact details as provided in this privacy statement. We will respond to such requests within the applicable statutory timeframes. For completeness, we also note that you have the right to submit a complaint with the relevant data protection authority (for the Netherlands this is the “Autoriteit Persoonsgegevens”).

8. COOKIES

To make our App work properly, we place small data files called cookies on your hardware device. Cookies are small text files sent by us to your hardware device and from your device back to us each time you visit our Websites or use our App. They are unique to your Account or your internet browser. 

Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser deletes them or until they expire. Some cookies are associated with your Account and provided personal data to remember that you are logged in, to identify you as a user, to remember your actions and to keep track of your App use. Other cookies are not tied to your Account (but for example your IP address) and allow us to carry out Website or App analytics and customization, among other similar things. Some cookies are essential for the functioning of our App and/or Website and others aim to enhance the performance of our App and/or Website.

On the Website, we make use of the following types of cookies:

Functional cookies

Functional cookies are cookies that ensure that the Website works properly. They are necessary for

the technical operation of applications on our Website, such as contact forms.

Analytical cookies

We make use of Google Analytics. This cookie shows us the use of the Website anonymously (only the last digits of the IP address are being shared), this data cannot be traced back to a specific individual. The data is used to gain insight into the visits to our Website based on information about visitor numbers, popular pages and topics. 

We also use Sendpulse to send marketing newsletters.​

9. APPLICABLE LAW

This Policy has been prepared in accordance with the GDPR and Dutch law, in particular the Dutch GDPR Execution Act. To the extent legally permitted, any disputes will be settled in accordance with Dutch law. 

10. CHANGES

We reserve the right to unilaterally amend this Policy to ensure compliance with applicable law and regulations. It is recommended that you consult this Policy on a regular basis in order to be aware of any potential changes. If we make material changes to how we process your personal data, we will send you a notification thereof via e-mail. Your continued use of the App after changes to the Policy will deemed to be your acceptance of such changes and the new version of the Policy.

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