PRIVACY POLICY NOTICE

Last Updated: August 18, 2021

NIGHTERY’S PRIVACY COMMITMENT TO OUR CUSTOMERS

NIGHTERY strives to entertain the world through sports gaming. To ensure the trustworthiness of our games and the quality of your experience, we collect and process information about our account holders who use our Platform. We are committed to handling that information with respect, because your privacy is important to us. Honor Mountain Interactive, developer and owner of the NIGHTERY fantasy app (“NIGHTERY,” “HMI,” "we," "us,” or “our”) has prepared this notice to explain how we collect, use, and share information from account holders who use our Platform, which includes our website located at http://www.nightery.io ("Website"), our mobile applications ("Application(s)"), and our online fantasy sports related services available through the Website and the Applications ("Services"). This privacy notice does not apply to websites, applications, or services that do not display or link to this notice or that display or link to different privacy statements.

By using our Website, Application(s), or Services, you consent to this notice. If you object to the collection, use, and sharing practices described in this notice, you may not use our Website, Applications, or Services. If you are a California resident, please see Section 12 below for additional information regarding your California Privacy Rights.

TABLE OF CONTENTS

  1. THE PERSONAL INFORMATION WE COLLECT
  1. Information You Provide To Us
  2. Information Collected via Technology
  3. Information Collected From or About Friends
  4. Information Collected from Other Sources
  1. INTERACTION WITH THIRD-PARTY SITES AND SERVICES
  2. ADDITIONAL USES OF PERSONAL INFORMATION
  3. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
  4. SECURITY AND RETENTION OF PERSONAL INFORMATION
  5. YOUR CHOICES REGARDING PERSONAL INFORMATION
  6. HOW TO ACCESS OR CORRECT PERSONAL INFORMATION
  7. HOW WE RESPOND TO DO NOT TRACK SIGNALS
  8. PROHIBITED account holders
  9. CHILDREN
  10. NOTE TO INTERNATIONAL account holders
  11. CALIFORNIA PRIVACY RIGHTS
  12. HOW TO CONTACT US
  13. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

1. THE PERSONAL INFORMATION WE COLLECT

  1. Information You Provide to Us

You may choose voluntarily to provide certain personal information to us. Personal information is information that can be used to identify you, such as your name, address, email address, phone number, credit card information, billing information, driver’s license number, and social security number.

For example, you may decide to share your first and last name, date of birth, location, email address, phone number, username and password, and the country and state in which you reside when you create an account to log in to our network ("Account"). We need this information to set up your Account, verify your identity, provide you with our Services, and provide you with consumer protections.

When you use our Website, Applications, or Services, or deposit or withdraw funds from your Account, we may collect all information necessary to complete the transaction and provide you with the Services, including your name, address, email address, phone number, credit or debit card information and other billing information, social security number, tax documents, and records of the products and Services you purchased, obtained, or considered.

If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content provided in the email, in order to send you a reply, provide customer and technical support, improve and optimize our Services, satisfy our legal obligations, enforce our contracts, and address any existing or anticipated disputes.

We will collect the profile photo you upload and user name you choose for your public profile page ("Profile"), to give you a personalized experience of our Services. When you participate in any contest, game or other fantasy sports-related product through the Website, Applications, or Services (each, a "Contest" and, collectively, "Contests" ), other participants in the Contest (each, a "Player") will be able to see the information you selected for your Profile.

If you enable our Services to detect your location (e.g., by allowing your mobile device to send us your location or by otherwise permitting us to geolocate you), which is necessary for us to comply with relevant laws and for fraud prevention purposes, we may store and use that information to verify your eligibility to enter certain Contests.

When you participate in one of our surveys, we may collect additional information about your profile, activity, usage, and preferences related to the Website, Applications and Services, so we can evaluate your interest in and the quality of our products, Services, and customer and technical support.

If you participate in a Contest through our Services, we may collect your email address and phone number, to notify you if you win or not. We may also ask for the first and last name and address, in order to verify your identity. In some situations we may need to collect other information about account holder preferences as part of the entry process, such as a prize selection, or in connection with the award of prizes over a certain dollar amount. Such Contests are voluntary, and we strongly recommend that every Contest participant read the full rules for each contest before entering.

b. Information Collected via Technology

c. Information Collected From or About Other People You Invite

d. Information Collected from Other Sources

We may supplement the information we have about you with information received from other sources including from our pages on certain Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). Your activity on other websites and applications may be associated with your personal information in order to improve and customize our Services and the ads delivered on our Website and Applications. The information we receive may include demographic data such as age, gender and income level, your preferences, interests, associations, commercial information, including records of products or services purchased, obtained, or considered and other purchasing or consuming histories or tendencies, as well as information regarding your interaction with various websites and applications, including the Services. This information is used to create and deliver advertising, improve and optimize our marketing efforts, perform user verification, authentication and fraud detection, and comply with our legal obligations.

2. INTERACTION WITH THIRD-PARTY SITES AND SERVICES

Certain products, services, or other materials displayed on the Website and Application(s) may integrate, be integrated into, or be provided in connection with certain third-party services and content. We do not control those services and content and our Terms of Use and this notice do not apply to those services and content. You should read the terms of use agreements and privacy policies that apply to such services and content. Honor Mountain Interactive is not responsible for the practices used by any third-party websites or services linked to or from our Website or Application(s), including, without limitation, the information or content contained within them. By using our Website, Application(s), or Services, you acknowledge and agree that we are not responsible for and do not have control over any third-party services and content that you authorize to access information you provide to them. If you are using a third-party website or service and allow it to access your personal information, you do so at your own risk.

3. ADDITIONAL USES OF PERSONAL INFORMATION

Customer Feedback. We may post customer feedback on the Website and Application(s) in conjunction with sharing the first name and last initial of the person who provided the feedback. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting. If you make any comments on a blog or forum associated with the Website, Applications, or Services, you should be aware that any personal information you submit there can be read, collected, or used by other account holders of the blog or forum and might be used to send you unsolicited messages. We are not responsible for any personal information you choose to submit in these blogs and forums.

Creation of Anonymous or De-Identified Data. We may create aggregated, anonymized or de-identified data (i.e., data that is not reasonably capable of being associated with or linked to you) from personal information we collected from or about you. We use such data to analyze request and usage patterns, so that we may improve, optimize, or enhance our Services and improve our account holders’ experience with and ability to navigate our Website and Applications. We reserve the right to use such aggregated, anonymized, or de-identified data for any purpose and disclose it to third parties for any reason.

4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION

In addition to the sharing practices discussed above, we may disclose your personal information as follows:

5. SECURITY AND RETENTION OF PERSONAL INFORMATION

6. YOUR CHOICES REGARDING PERSONAL INFORMATION

7. HOW TO ACCESS OR CORRECT PERSONAL INFORMATION

You may request a copy of personal information that we collected about you through the Services by contacting us support@nighterygaming.com or by submitting a request through the “Contact Us” button within the app on the Get Support screen. You may also request that we correct any factual inaccuracies in your personal information.

8. PROHIBITED account holders

As indicated in our terms of use, employees, operators, or consultants of a sports governing body are prohibited from participating in certain Contests where such employee, operator, or consultant is prohibited from participating in Contests by such governing body ("Prohibited account holders"). For clarity, examples of sports governing bodies are the National Football League, Major League Baseball, and the National Basketball Association. We may report any participation in the Services or in any Contests by any Prohibited account holders to the applicable sports governing body.

9. CHILDREN

The Website and Application(s) are not directed toward individuals under the age of thirteen (13), and we require that such individuals not provide us with personal information. We do not knowingly collect or maintain personal information from anyone under the age of 13 through the Website or Applications. If we become aware that a child under 13 has provided us with personal information through the Website, Application(s), or Services, we will delete the information from our files. If you are the parent or legal guardian of a child under 13 who you believe has provided personal information to us through the Website, Applications or Services, please contact us at support@nighterygaming.com.

10. NOTE TO INTERNATIONAL account holders

The Website and Applications are hosted in the United States and are intended for and directed to account holders in the United States. If you are accessing the Services from any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website or Applications, which are governed by U.S. law, this notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer. The Website and Applications are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers and, by using the Website, Application(s), or Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

11. CALIFORNIA PRIVACY RIGHTS

13. HOW TO CONTACT US

Any inquiries or comments regarding your personal information and privacy rights, our data privacy practices, this privacy notice, or any reports regarding suspected or actual security violations should be directed  to support@nighterygaming.com.

14. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

This privacy notice is effective as of November 20, 2020. It may be revised periodically. If we make any material changes in the way we use your personal information, we will notify you. Unless specified otherwise, any future changes to this privacy notice will be effective thirty (30) days following notice of the changes posted on our Website and Application(s) or delivered via email . Such changes will be effective immediately for new account holders of the Services and for all account holders who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your personal information to provide us with your most current email address. If the last email address you provided us is not valid or for any reason is not capable of delivering to you the notice(s) described above, then in the event we elect to provide you notice via email, our dispatch of the email containing such notice will constitute effective notification of the changes described in the revised notice. 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. Your continued use of the Website, Application(s), or Services following notice of such changes will indicate your acknowledgement of and consent to such changes and to be bound by the terms of such changes, with the understanding that the modified terms apply to all of your personal information, including the personal information collected before the change went into effect.

Last Updated: November 20, 2020

Effective: November 20, 2020