NOCTO | Privacy Policy

Version 1.0, valid from 20 May 2018

Introduction

Your privacy is very important to us. Accordingly, Nocto developed this policy in order for you to understand which information is collected by Nocto and how Nocto collects, uses, communicates, discloses and makes use of personal information. Nocto aims to comply with all legislation to make sure your privacy is properly protected.

Scope and definitions

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

Nocto: the provider of the services, hereafter also referred to as “we”, “our” and “us”
Website(s): the webdomains of Nocto, www.noctoapp.com and www.noctoapp.club
App: the mobile software application of Nocto available on ios and android.
Services: the online platform offered by Nocto and made available through use of the website www.noctoapp.club and the app
User: every private person and every legal entity making use of the services provided by Nocto
Personal information: data related to an individual who is either directly or indirectly identifiable to Nocto or to a third party, such as, but not limited to, full name, date of birth, address, IP address, location, phone number, e-mail address, biometric data
Information: any other information that may be collected by Nocto, not being personal information, such as, but not limited to, device information, operating system information, browser type, date and time of use of the service, language preferences

This privacy policy covers all data provided by users of Nocto, either via our websites or our app.

When we collect your information

All of the information that we collect about any member type (people, venues and/or groups) are done for the purpose of better understanding your situation and desires, such that we may be better able to help you seize the night. We obtain the information you provide when you download and register the app or register to use our websites. Users can access some features of the app without being logged into their account. However, please keep in mind that you will not be able to use all the features offered by the app unless you are logged into your account. When you register with us and use our services, you generally provide (a) your first and last name, e-mail address, date of birth/age, gender, username, password, city of residence and possibly other registration information; (b) information you provide us when you contact us for help. To be able to make full use of our services, you will also have to provide us with your location. This means you must enable your GPS/location services on your mobile device and you must allow our app to access information about your location. In addition, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the app. We do not collect and use any special personal information, such as your race, belief, health status, religion, sexual preference, other than under the specific strict circumstances and conditions of the applicable privacy laws.

How and why we use your information

We may collect and store information about you when you use our services. We use the information to fulfill your requests, provide the service’s functionality, improve the service’s quality, personalize your experience, track usage of the service, provide feedback to third party businesses that use our services, display relevant advertising, market the service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the service, and comply with legal obligations. We will only retain personal information as long as necessary for the fulfilment of those purposes. By downloading and registering our app or by using our websites, you give your consent to the use of your personal information for the purposes mentioned in this policy by agreeing to the end user license agreement (app) or the terms & conditions (website). We do disclose your information to third parties that have access to our platform. We will not disclose any personal information to third parties without your consent, except in the following cases:

When a legal obligation is placed on us by a regulatory body or governmental institution with the necessary legal authority to disclose personal information of our users
When it is necessary for the performance of our operations, such as protection from fraud
When we change our legal framework, including when we are acquired by a third party or when we become part of another legal entity, the personal information 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 information will be subject to our commitments as to protecting personal information.

To make our services work properly, we sometimes place small data files called cookies on your device. Cookies are small text files sent by us to your device and from your computer or mobile device to us each time you visit our websites or use our app. They are unique to your account or your 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 delete them or until they expire. Some cookies are associated with your account and personal information to remember that you are logged in, to identify you as a user, to remember your actions and to keep track of your online behaviour. Other cookies are not tied to your account but are unique and allow us to carry out site analytics and customization, among other similar things. Some cookies are essential for the functioning of our services and others aim to enhance the performance of our services. If you access the services through your browser, you can manage your cookie settings there but if you disable some or all cookies you may not be able to use all our services.

Limitation of liability

The user who provides the information is solely liable for the information provided to us. We do not accept liability for any damages or losses, either direct or consequential, arising out of or as a result of information that is not accurate, incomplete, not up-to-date or false. We are not responsible or liable for any false information about a user’s date of birth/age. Our services are only available to individuals who are 18 years of age or older. We do not knowingly solicit data from any individual under the age of 18. Our app and websites may contain links to other websites. We are not responsible or liable for data privacy policies and/or practices of these other websites and we have no influence as to whether the operators of those other websites act in compliance with data protection provisions. This privacy policy is solely applicable to data collected by us.

Security

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Please be aware that, although we endeavour provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Exercise your rights

You can stop all collection of information easily by stop making use of our websites and uninstalling the app. You may use the standard uninstall processes as may be available as part of your mobile device or via the app marketplace or store. You can also request to opt-out via e-mail. You are entitled to withdraw your consent allowing us to use personal information under this Privacy Policy at any time and at your own discretion by sending us an e-mail. Please note, however, that in case of such withdrawal, we are no longer in the position to provide you with all of our services. You are also entitled to access your data and change them at any time. If you want to request information stored by us or you would like to make adjustments, please contact us via e-mail. To avoid fraud, we reserve the right to ask for proof of identity when you make such a request. If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with information without their consent, he or she should contact us via e-mail. We will destroy all information of individuals under the age of 18 that we may possess.

Changes

This policy may be amended from time to time. When any material changes are made to this Privacy Policy, we will provide our users with appropriate notice via e-mail. Users will be given a 30-day period to opt-out of our services. By continuing using our services once this period has expired you acknowledge and express your acceptance of the changes made and you will consequentially be bound to the terms of the new version of this Privacy Policy, which supersedes any previous versions.

We use the following types of cookies on our website:

Functional cookies

Functional cookies are cookies that ensure that our website works properly. They

essential data of preferences you previously have and are necessary for

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

Analytical cookies

Cookie Name Cookie Description

Google Analytics This cookie shows us the use of the website anonymously, this data cannot be traced back to a specific person of the organization.

ZoHo Improving the website based on user behavior, collecting user data and sending email marketing.

Click here to change your cookie settings: cookie settings (reference to pop-up)

Functional cookies:

such as session and login cookies for conferencing session and login information.

Analytical cookies:

to gain insight into the visit to our website based on information about visitor numbers, popular pages and topics. In this way, the communication and information provision of our website of visitors. We cannot see who visits our websites from which PC is receiving the visit.

When you visit our website, cookies from the controller and/or third parties may be installed on your equipment. During your first visit to the website, a banner appears with which we inform you about the use of cookies. By continuing to use the website, you stop using it. Your consent is valid for a period of thirteen months.

Personal data that we process

'Personal data' is all information that is directly about someone, or that can be traced back to an individual person.

Nocto processes personal data, if you sometimes use our website, make use of our services and/or because you provide this data to us yourself.

An overview of the personal data that we process:

- sex;

- location data;

- e-mail address;

- date of birth

- IP address, internet browser and type/type of device;

- data about your activities on our website;

- reviews: your assessment of our service/products;

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

For what purpose and on what basis we process personal data

Nocto processes your personal data because:

- we need this to enter into the agreement, and/or

- you have given permission for this, and/or

- we (of a third party) have an interest in this (e.g. our commercial interest in making you marketing offers, our interest in improving our services), and/or

- we are obligated.

We process your personal data for the following purposes:

- sending newsletters, information about promotions and offers, service messages and/or surveys;

- to show you personalized advertising;

- informing you about changes to our services and products;

- requesting, securing and sending the Noc account;

- to be able to help you optimally if you have a question, problem or complaint about our products and services;

- to offer you the most personal option in our app, for example by tailoring the range of products and services to your interests and preferences;

- for handling special promotions;

- analyzes for process improvements, reporting, market research, development and improvement of products and services;

Contact

Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by either;

1. certified postal mail to: Nocto International B.V., Churchillplein 44, 3011 EW Rotterdam, The Netherlands, or
2. by email to: info@noctoapp.com

Any notice to you shall be given to the email address that you provided us during the registration process.

Notice given by postal mail shall be considered given five (5) days after receiving the mailing in our postbox.

Notice shall be considered within 48 hours after the mail has been received.

The abuse of alcohol is dangerous to your health, please consume in moderation.