These Terms of Service describe Our policies on the collection, use, and disclosure of information about You in connection with Your use of Our services, including those offered through Our websites, emails, and mobile applications (collectively, the “Service”). These Terms of Service do not apply to any third party sites that may be linked to the Service, or any relationships that You may have with the businesses, individuals or entities listed or advertised on the Service.
“User” is someone who accesses, browses, crawls, scrapes or in any way uses the Service. The terms “We”, “Our” and “Us” refer exclusively to Us. The terms “You”, “Your” and “Yourself” refer exclusively to You, as a User of the Service. The term “Personal Information” means information that You provide to Us, which personally identifies You as an individual to be contacted or identified, such as Your name, telephone number, e-mail address and any other data that is tied to such information.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICE. YOU AGREE FURTHER TO BE BOUND BY ANY AND ALL ADDITIONAL POLICIES ADOPTED BY US CONCERNING THE SERVICE INCLUDING, BUT NOT LIMITED TO THE USER AGREEMENT.
1. INFORMATION USE
We may collect and store information about You when You use the Service. We use the information to fulfill Your requests, improve the Service’s quality, provide the Service’s functionality, personalize Your experience, track usage of the Service, provide feedback to third-party businesses listed on the Service, display relevant advertising, market the Service, provide customer support, message You, back up Our systems to allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.
Among the information We collect, please note:
(a) Account information: If You create an account with Us in order to take advantage of the full range of the Service offered by Us, We may ask for and record Personal Information such as Your name, address, e-mail address, phone number(s) and other information You may provide with Your account, such as Your gender and birth date. Your name, as well as any photo You submit through the registration process, will be publicly displayed as part of Your account profile. We may use Your e-mail address or phone number(s) to send You updates and news, and contact You on behalf of other users of the Service (such as other users who send messages to You). You may choose to limit communication of this type by accessing your “Account” on the Service and updating Your privacy settings.
(b) Submissions: We may store, use and publicly display Your submissions. When We display Your submissions, We do so together with Your account user name. The term “submissions” refers to the information that You submit or post to the Service for public display, such as ratings, reviews, photos, compliments and the information that You display as part of Your account profile. We may display Your submissions through the Service, share it with businesses, and further distribute it to a wider audience through third-party sites and services.
(c) Contact: You can invite others to join the Service by sharing your card with them, or by allowing Us to access Your contacts from Your computer, mobile device, or third-party sites to select which friends You want to invite. If You allow Us to access Your contacts, We may transmit that information to our servers long enough to process Your invitations.
(d) Feedback: If You contact Us in order to provide feedback, register a complaint or ask a question, We may record additional Personal Information and other content that You provide in Your communication so that We can effectively respond to Your communication.
(e) Transactional Information: If You initiate a transaction through the Service, We may collect and store information about You, such as Your name, phone number, address and email, as well as any other information You provide to Us, in order to process Your transaction, send communications about them to You, and populate forms for future transactions. This information may be shared with third parties for the same purposes. We do not disclose Your Personal Information to third parties for the purpose of directly marketing their services to You unless You first agree to such disclosure.
(f) Communications: When You sign up for an Account or use certain features, You are opting to receive messages from Our businesses and Our websites themself. You can manage some of Your messaging preferences, but note that You cannot opt out of receiving certain administrative, transactional, or legal messages from Us. We may also track Your actions in response to the messages You receive from Us or through the Service, such as whether You deleted, opened, or forwarded such messages. If You exchange messages with others through the Service, We may store the messages in order to process and deliver them, allow You to manage them, and We may review and disclose them in connection with investigations related to the operation and use of the Service. We may not deliver messages that We believe are objectionable, such as spam messages or requests to exchange reviews for compensation. If You send or receive messages through the Service via SMS text message, We may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that You provide through communications to Us, including information from phone calls, letters, emails and other electronic messages, or in person. If You are a representative of a business listed on our Websites, including Users of Our Business Accounts, We may contact You, including by phone or email, using the contact information You provide us, make publicly available, or that We have on record for Your business.
(g) Activity: We record information relating to Your use of the Service, including, but not limited to, the pages You view, Your browser type, cookies (as defined below), history, browsing history, IP address, requested URL, referring URL and timestamp information. We use this type of information in order to administer the Service and provide the highest possible level of service to You. We may also use this information, in the aggregate and at the individual user-level, to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Service. We may also use the above-referenced information to promote Ours or third-party products or services to You.
(h) Reformatting: We may reformat images You upload to match format sizes predefined in Our Service such as Your profile image as displayed on Our Service.
2. COOKIES
We, and third parties with whom We partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with Your use of the Service, third-party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on Your computer or mobile device, in emails We send to You, and on Our Service. Cookies may transmit information about You and Your use of the Service, such as Your browser type, search preferences, IP address, data relating to advertisements that have been displayed to You or that You have clicked on, and the date and time of Your use. Cookies may be persistent or stored only during an individual session.
Enforcement. We may use the information that We collect in connection with Your use of the Service (including Your Personal Information) in order to investigate, enforce and apply Our User Agreement and these Terms of Service.
3. TRANSFER OF INFORMATION
We may distribute Your submissions to third parties, as permitted pursuant to Our User Agreement. Such third parties, with or without Our knowledge or consent, may, in turn, publicly display or publish Your submissions in connection with their own websites and media platforms. When We distribute Your submissions to third parties, We typically include Your account name, but not Your Personal Information, unless You include Your Personal Information in Your submissions.
We may rely on third-party providers to support or provide some of the services that are available through the Service. We may also rely on third party providers to perform certain services for Us in connection with Your use of the Service, such as network security, communications and hosting services, payment processing, Our own marketing of the Service, and other functions. We may share information from or about You with these third-party providers so that they can perform their services or complete Your requests. These third-party providers may share information with Us that they obtain from or about You in connection with providing their services or completing Your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of Our web pages utilize framing techniques to serve content to You from Our third-party providers, while preserving the look and feel of the Service. In such cases, please note that the information You provide is being provided to the third party.
We may share information from or about You, Your devices, and Your use of the Service (such as which businesses You bookmark) with businesses listed on Our websites. Keep in mind that businesses may see Your submissions (as defined in Section 1(b) above) and receive information about Your transactions with them, regardless of Your settings.
We may share Your Personal Information with subsidiaries, joint ventures or other companies under a common control (collectively, “Affiliates”) that We may have now or in the future. If another company acquires Our company or Our assets, that company will possess Your Personal Information, and will assume the rights and obligations with respect to that information as described in these Terms of Service, or any successor policy.
We may disclose Your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply Our User Agreement and these Terms of Service; (c) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, court order, or other legal process served on Us; or (d) protect Our rights, reputation and property, or that of Our Users, Affiliates or the public. Please note that We are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that We receive.
We may share User information in the aggregate with third parties, such as advertisers and content distributors. For example, We may disclose the number of Users that have been exposed to, or clicked on, certain advertisements.
We may use third party advertising companies in order to issue internet advertisements when You use our Service. These companies may use information (not including Your name, address, e-mail address or telephone number) about Your visits to our Service and other websites in order to provide targeted advertisements of goods and services of interest to You. We do not guarantee or make any representations that We will not transfer Your information to third parties. Additionally, You acknowledge, confirm and assent to such transfer to third parties.
4. OTHERS’ INFORMATION
You may choose to provide Us with another person’s e-mail address so that that person may be invited to create an account on the Service. We use this information in order to contact and, if necessary, remind that person about the invitation. By providing Us with another person’s e-mail address or mobile phone number, You represent to Us that You have obtained the consent of the person concerned with regard to such disclosure to Us of their Personal Information. All invitees are provided with the option not to receive further invitations. We may disclose such information if required to do so in order to comply with legal process, as described above.
5. LINKS
The Service may contain links to third-party websites to which We have no affiliation. We may share Your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest that You read the privacy policies of all such third-party websites.
6. CONTROLLING YOUR PERSONAL DATA
To the extent that You include Personal Information in Your submissions (such as a photo of Yourself), third parties may be able to identify You, associate You with Your user account and/or contact You. Please do not include information in Your submissions that You expect to keep private. In addition, You can reduce the risk of being identified personally by choosing a fictitious account name, though doing so could detract from the credibility of Your submissions. As a registered User, You can modify some of Your Personal Information and Your privacy preferences by accessing the “Account” section of the Service.
7. SECURITY
Your account is password protected. We use industry standard measures to protect the Personal Information that is stored in Our database. We limit the access to Your Personal Information to those employees and contractors who need access to perform their job function. If You have any questions about the security of the Service, please contact Us. Although We take appropriate measures to safeguard against unauthorized disclosure of information, We cannot assure You, or otherwise guarantee, that Your Personal Information will never be disclosed in a manner that is inconsistent with these Terms of Service. You hereby acknowledge and agree that we are not responsible for any intercepted information sent via the internet, and You hereby release us, its members, agents, employees, affiliates, successors and assigns from and against any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
8. EMAILS, MOBILE PHONE NUMBERS AND OPT-OUT
You may opt-out of receiving notifications from Us by changing Your notification settings under the “Privacy” tab after You login to the Service. Unregistered users who receive communications from Us may also opt-out of receiving further communications by following the instructions contained in Our communications. Despite Your indicated e-mail and mobile phone number preferences, We may send You notices of any updates to Our User Agreement or these Terms of Service.
9. TERMS AND MODIFICATIONS TO THESE TERMS OF SERVICE
We may modify these Terms of Service at any time, in Our sole discretion and We will post any new versions on the Service. If We make any material changes in the way that We use Your Personal Information, We will notify You by sending an e-mail to the last e-mail address that You provided to Us and/or by posting notice of the changes on the Service. Any such changes will be effective upon the earlier of five (5) calendar days following Our dispatch of an e-mail notice to You or five (5) calendar days following Our posting of notice of the changes on Our website. These changes will be effective immediately for new users of the Service. Please note that at all times You are solely responsible for updating Your Personal Information and to provide Us with Your most current e-mail address. In the event that the last e-mail address that You have provided Us is not valid, or for any reason is not capable of receiving the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to these Terms of Service may affect Our use of the Personal Information that You provided Us prior to Our notification to You of the changes. If You do not wish to permit changes in Our use of Your Personal Information, You must notify Us, prior to the effective date of the changes, that You wish to deactivate Your account with Us. Continued use of the Service following notice of such changes shall confirm Your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
10. DATA RETENTION AND ACCOUNT TERMINATION
We may remove Your submissions from view and/or dissociate them from Your account profile, furthermore We may retain information about You for the purposes authorized under these Terms of Service unless prohibited by law. For example, We may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.
11. CONTACT
If You have any concerns relating to these Terms of Service, You may correspond with Us at: admin at nichelightning dot com
