Privacy Policy

Updated as of March 3, 2021 This Privacy Policy (“Policy”) describes the personal information collected when you use our website located at www.onenightaffair.com (the “Site) as well as any other sites in our affiliate network. This Policy further describes how such collected information may be used, with whom it may be shared, and your choices with respect to the use and disclosure of such information. By using our Site, you are accepting the practices described in this Policy. Accordingly, we encourage you to read this Policy carefully when accessing the Site. Unless otherwise defined in this Policy, capitalized terms used herein have the same meaning as given in our Terms of Use, accessible here. If you have any questions about our privacy practices, please refer to the end of this Policy for information on how to contact us. Information Collected Generally. We may collect your Personal Information, including Sensitive Data, and other information. “Personal Information” means individually identifiable information that would allow us to determine your actual identity and contact information (i.e. your email address, phone number, home address, and financial information such as your credit card number, type, expiration, or other details). “Sensitive Data” includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your racial or ethnic origin, nationality, religion, and/or sexual orientation. We may also collect your geolocation information, Internet Protocol (“IP”) address, and/or other information unique to you as an individual such as your interests and activities, your gender and age, and other demographic information such as your hometown or your username, your browser and operating system information, or your usage information from Google analytics (see below under “Log Data”). Collectively, all Personal Information and Sensitive Data is referred to herein as “Information”). How Information is Collected and Third Party Information Collection. We may collect your Information through the Site, a mobile application, or other online service. We may also collect such Information from our affiliate entities, business partners, contractors, and other third parties (including third party social platforms) and add it to our account information or other information we have collected on you. We may also collect Information about other people that you provide to us. If you use our Site or service to send others a product or promotion as a gift, for example, we may store any Information provided in order to process those requests and/or facilitate future activities. Log Data. We may also collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's IP address, browser type, browser version, the pages that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyze this type of information to increase our functionality. Analytics companies like these may also use mobile device IDs (used to recognize you, store your preferences, and track your use of the Site) which we may store and which cannot be deleted like cookies. These third-party service providers have their own privacy policies addressing how they use such information which should be reviewed by you prior to using the Site. See the Section entitled “Aggregated Information Use” below for more. Cookies. Cookies are files with small amounts of data that are stored by a user's web browser on the user's storage drive. Cookies may record information that is accessed by a user on a webpage to simplify subsequent interactions with that website by the same user, or to streamline the user's transactions on related webpages (i.e. your IP address, device ID, browser type and language, access times, content of undeleted cookies previously accepted, and the referring website address if applicable). Cookies make it easier for a user to move from webpage to webpage and to complete transactions over the Internet. We use cookies to collect information to improve our services for you. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. Other Internet Technology. We may use other standard internet technology, such as web beacons, pixel tags, local storage, and other technologies that facilitate personalization to track your use of our Site. We also may use these technologies in advertisements or email messages to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our Site visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. Third Party Collection of Information. We may also allow service providers, affiliate companies, advertising companies and ad networks, and other third parties to display advertisements on our Site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Hashed or Encrypted Data Collection. We also collect and share certain aggregated (or hashed/encrypted) information about you and our other users with our partners and advertisers such as the total number of our users and their overall demographics. This aggregated information is not linked to any Personal Information that can identify any individual person. Miscellaneous. Whenever you voluntarily disclose Information on publicly-viewable screens or pages (as may be the case if using the Site) that information will be publicly available and can be collected and used by others. For example, if you post your e-mail address or phone number, you may receive unsolicited messages. We cannot control who sees such information or what others may do with such voluntarily posted information so we encourage you to exercise discretion and caution with respect to the public disclosure of any Information on the Site. Such postings of personal information (including photographs, videos, etc.) are governed by our Terms of Use. As discussed therein, when you upload a photograph and/or video to the Site you are allowing us to use that photograph and/or video for advertising and other commercial purposes, royalty free, without additional consent being required. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Use of Collected Information We collect the aforementioned Information for the following purposes: Deliver and/or improve our products and services, and manage our business; Manage your account and provide you with customer support; Perform research and analysis about your use of (or interest in) our products, services, or content, or products, services or content offered by others (including advertisers or other third-parties); Communicate with you about products or services that may be of interest to you either from us, our affiliate entities, or other third parties; Develop and display content and advertising tailored to your interests on our Site and other sites, including providing our advertisements to you when you visit other sites; Perform ad tracking and website or mobile application analytics; Enforce or exercise any rights in our terms and conditions; Perform functions as otherwise described to you at the time of collection of such Information (including hosting and backend infrastructure purposes); and Register you with and display your profile on other online dating and other social websites or applications owned by us or our affiliate entities or websites. The Site may use remarketing services to advertise on third-party websites to you after you visited our Site. We, and our third-party vendors, may use cookies to inform, optimize and serve ads based on your past visits to our Site. Some third-party advertising companies with whom we may partner may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies and provides information about behavioral advertising practices (http://www.networkadvertising.org). Some of the Information collected will also be used to autofill third-party websites that are clicked to from the Site. Likewise, your e-mail address(es) may be used to market our services and/or any of our affiliated services. Finally, it is possible that we will partner with an e-mail marketing company and sell our e-mail database (which may include your e-mail information) to a third-party. Finally, any financial information or payment method information we obtain will be used for purposes of (i) processing payments for any purchases; (ii) enrolling you in the discount, rebate, and other programs you may elect to participate; (iii) protecting against or identifying possible fraudulent transactions; and (iv) otherwise as needed to manage our business. In all circumstances described herein, we may perform the necessary functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform such services for us. Also, if you access our website, mobile applications or other online services from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings. Whom We Share Your Information With Generally. We will not use or share your information with anyone except as described in this Policy, unless we otherwise inform you and give you an opportunity to opt-out of having any of your personal information shared. However, we will personally use your Information for all purposes applicable under the law, including, for example, to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you as well as for all the purposes described above under the section entitled “Use of Collected Information”. Third Party Service Providers. We may share your Information with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our website or application functionality, and supporting contests, surveys, and/or other features offered through our Site. We may also share your name, contact information and credit card information (number, type, expiration, CVC) with our service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions. Business partners. When you register with the Site or click-through our advertisements offered on third party websites or applications, we may share personal information with the businesses with which we partner to offer you the applicable products, services or any advertisements. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant. Affiliate Entities and Related Businesses. The Site is part of a larger affiliate of websites and webpages as already discussed herein. We may share the Information we collect, including your profile and personal information (i.e. name, contact information, photos, interests, activities, and transactions on the Site) with these Affiliates. Additionally, as part of our online service, your profile with the Site may be registered on and/or appear in search results or other areas of other online dating websites with which we are affiliated. Each Affiliate has and complies with its own privacy policy. Disclosure in Other Scenarios. We will disclose your Information, including personal information, where required to do so by (i) law or in response to a subpoena or similar investigative demand; (ii) a court order; or (iii) a request for cooperation from a law enforcement or other governmental agency. We will also disclose such Information when required (i) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (ii) to protect the security or integrity of our Site or enforce our Site terms of use; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to establish or exercise our legal rights; (v) to defend against legal claims; or (vi) as otherwise required by law. Finally, we will disclose your Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy. In such cases your Information may be transferred as a business asset. In all of the above scenarios, we may raise or waive any legal objection or right as is available to us within our sole discretion. Aggregated Information Use. We may share any non-personal information we collect under any of the above circumstances. We may also share it with any affiliated entities and/or third parties to develop and deliver targeted advertising on our Site and on websites or applications of such third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties for the purpose of conducting general business analysis, advertising, marketing, or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. We may also share your geolocation information in de-identified form with affiliated companies and third parties for the above purposes. See the section entitled “Log Data” above for more. Protection and Control Over Your Information Security. The security of your Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. While you should feel confident using our Site to transact business and share your personal information, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Information we have collected from you. Accordingly, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website for information about how to protect yourself against identity theft. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues, such as security breaches. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us. You may have a legal right to receive this notice in writing. Your Choice with Respect to the Provision of Information. You have complete discretion whether or not you choose to provide us with certain Information, but the failure to provide certain requested Information may result in you being unable to use certain features of the Site because such Information may be required to, for example, register as a member, create a profile, purchase products or services, participate in a contest/promotion/survey/sweepstakes, ask a question, and/or initiate another transaction. Opting Out of Communications From Us. When you create a profile on our Site or register for our service, you automatically consent to receive email messages from us. At any time you may opt-out of receiving any, or all, of these commercial or promotional emails by following the unsubscribe link or instructions provided in any such email. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from us. If we have already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party. Opting Out of Third Party Targeted Advertisements We may allow third-parties, including advertising companies, analytics companies, and ad networks, to display advertisements on our Site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements or our Site. We do not provide any personal information to these third parties, but they may collect information about where you, or others who are using your device, saw and/or clicked on the advertisements they deliver and possibly associate this information with your subsequent visits to the advertised websites or other data they have collected. They also may combine this information with personal information they collect from you to provide advertisements about goods and services likely to be of greater interest to you. The collection and use of that information is subject to the third-party's privacy policy. Some of these third-party advertising companies with whom we partner may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies and provides information about behavioral advertising practices generally (http://www.networkadvertising.org). This Policy covers the use of cookies by us only and does not cover the use of cookies by any advertisers. Accordingly, we encourage you to visit the Network Advertising Initiative link provided and familiarize yourself with the opt-out procedures. Deleting or Declining Cookies. As discussed we, along with certain third party advertisers with which we have a relationship, use or may use cookies to gather information. The Help feature in most browser settings/toolbars provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. Note that, if you do not accept cookies, you may not be able to use some features of our Site and we recommend that you leave them turned on. Miscellaneous Provisions International Transfer and Processing. Your Information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the Information to the United States and process it there. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer. Do Not Track Disclosure. Do Not Track ("DNT") is a privacy preference that users can set in their web browsers usually through the Preferences or Settings page. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not yet recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. Links To Third Party Websites. There are a number of places on our Site where you may click on a link to access other websites that do not operate under this Policy. For example, if you click on an advertisement on our Site, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting. We will not be held accountable for your failure to do so. Data Retention. If you have an online account or profile with us, you may close, delete, or disable your account/profile at any time by following the directions on the Site. After you close your account, you may not be able to sign in to our Site or access any of your Personal Information. However, you can open a new, separate account at any time or re-activate your previous account by following instructions provided on the Site. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third-parties as described in this Policy, retention of that information will be subject to those third parties' policies. Children's Privacy and COPPA. Only persons age 18 or older have permission to access our Site. Our Site does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a person under age 18, we take steps to remove that information from our servers. This Policy has been drafted in accordance with the requirements of CalOPPA. No Rights of Third Parties. This Policy does not create rights enforceable by third parties. Accessing and Correcting Your Information with Us. You have a legal right to know what data we hold on you and you can log into your profile or contact us if you would like to correct, amend, or delete any of the Information about yourself that was collected through the use of the Site. We will respond to requests within the time allowed by all applicable privacy laws and will make every effort to respond as accurately and completely as possible. Much of your Information can also be updated online by logging into your account with us (if any). Changes to This Policy. This Policy is effective as of the date specified above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change this Policy at any time and you should check this Policy periodically. Your continued use of the Site after we post any modifications to this Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Policy. If we make any material changes to this Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on the Site. Contact Us If you have any questions about this Policy, please contact us at help@onenightaffair.com.