This Policy covers both our online and offline data collection activities, including information that we may collect through our various websites (including www.nitrocircus.com) (the “Nitro Website”), applications and offline programs and events (as applicable). By using our Nitro Website or applications or by otherwise giving us your information, you agree to this Policy. If you do not agree to this Policy, you must not use our website or application or give us any of your information.
Please note that we may change the Policy at our absolute discretion and without notice. Rest assured that a version of the current Policy will be available on this website as they are changed. It is also implied that by continuing to use our website you accept the Policy as they apply, and as amended, from time to time. This legal disclaimer is in no way limited or altered by any other terms or conditions on this website.
(a) Our websites: This refers to any consumer/customer-directed websites operated by Nitro including sites that we operate under our own domains/URLs (including the Nitro Website) and sites that we may run on third party social networks such as Facebook. This Policy will only apply to our sites if it provides a direct link to this page.
(b) Mobile sites/apps: This refers to any consumer/customer-directed mobile sites or applications, if any, operated by Nitro including smartphone apps. This Policy will apply to all Nitro mobile sites/apps, if any, if it provides a direct link to this page.
(c) Offline registration forms: This refers to printed registration and similar forms that we may collect from consumers/customers via postal mail or any offline events. This Policy will only apply to if the registration form indicates that this Policy applies.
(d) Data from other sources: This refers to information we may obtain about you from other sources. For example, we may hire a third party data aggregator to provide us additional information about our existing consumers/customers (this is known as “data appending”). We may also receive information from third party co-sponsors who we may occasionally partner with to run Nitro-branded special contests or other promotions. We may also receive information about consumers/customers when we acquire other companies.
2. What information do we collect?
Depending on how you interact with us (online or offline) we may collect various types of information from you, as described below (collectively “Personal Information”). In some instances (and unless we say otherwise below), we may combine one type of information with another type of information, and store them together in our records. We strive to limit the amount of information we collect and store to that information which is reasonably necessary to provide you the relevant services. We generally store your information for as long as your account is active with us or as needed to provide you the relevant services. We may store your information for a longer period of time to comply with legal or regulatory obligations, resolve disputes, enforce our agreements, or for records management purposes.
(a) Personal contact information: This includes any information that would allow us to personally contact you, such as your name, home or mailing address, phone number (home, cell, etc.), or email address. We typically collect personal contact information in connection with a variety of activities and services, including general website registration, newsletter sign-up, website community features, online purchases, customer service inquiries, contests and other promotions, and consumer/customer surveys.
(b) Demographic information: This includes any information that describes your demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, geographic location (e.g., zip code, city and state, mobile location), favorite products, hobbies and interests, and household or lifestyle information. We typically collect demographic information in connection with a variety of activities, including general website registration, newsletter sign-up, website community registration, contests and other promotions, and consumer/customer surveys.
(c) Technical computer information: This includes any information about the computer system or other technological device that you may be using to access one of our websites or applications. We typically collect this information through automated technologies such as cookies and web beacons. Technical computer information may be linked to your personal contact information.
(d) Website usage information: This includes information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with us. This information is captured using automated technologies such as browser cookies, flash cookies, and web beacons, and may also be collected through the use of third party tracking services that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site). We may also use these technologies, such as web beacons, to capture information about how users respond to certain email campaigns (e.g., time the email is opened, where user links to from the email, etc.). Website usage information may be linked to your personal contact information for web site personalization and marketing purposes.
(e) Consumer/Customer feedback: This includes information that you voluntarily share with us about your experience in using our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products.
(f) Consumer/Customer-generated content: This refers to any content that you create and then share with us (and perhaps others) by uploading it to one of our websites or applications, including one of our sites. Examples may include photos, videos, personal stories, or other similar media or content. We may collect and publish consumer/customer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer/customer engagement, and third party social networking.
(g) Social network information: This refers to any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share
with us. Examples include your basic account information (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with a Nitro web application on a social network such as Facebook or every time you use a social networking feature that is integrated within a Nitro site (such as Facebook Connect). To learn more about how your information from a third party social network may be obtained by Nitro (or other third party application developers), please visit the website of the relevant social network.
3. How do we use your information?
The following paragraphs describe the various purposes and features for which we might collect and use your information, and the different types of information that might be collected for each. Please note that not all of the uses below will be relevant to every consumer/customer.
(a) Customer service: We may collect and use your information to provide you customer service, including responses to your inquiries. This typically requires the collection and use of certain personal contact information (such as your name or email address) and information regarding the reason for your inquiry (e.g., order status, technical issue, product question/complaint, general question, etc.).
(b) Consumer/Customer engagement: We may collect and use your information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer/customer-generated content.
(c) Contests and other promotions: We may collect and use your information to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. These events typically require the collection and use of personal contact information (for prize fulfillment), demographic information (for eligibility determination), and, in some instances, consumer/customer-generated content. Some of our promotions may be run on third party social networks such as Facebook (for example, on our Facebook fan pages). To comply with legal requirements, we may publish or share a limited amount of information (such as name and city of residence) about the winners of a particular promotion.
(d) Marketing communications: We may collect and use your information to send you marketing communications. These communications will keep you up-to-date on the latest news, events, special offers, and promotions from Nitro. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information. In some instances (such as for mobile apps and text messaging programs), this could involve the use of your precise geo-location, which may allow us to send you location-based offers and promotions.
You can always opt-out from receiving marketing-related email communications by following the unsubscribe instructions provided in each such communication. Please note that even if you opt out from receiving marketing communications, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, etc.), and other important announcements.
(e) Third party social networking: We may collect and use your information when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications for the purposes of running contests, allowing
you to share content with friends, or other stated purposes. If you use these features, we may have the ability to obtain certain information about you from your social networking profile (see “Social network information” under Section 2 of this Policy). You can learn more about how these features work, and the profile data we may obtain about you, by visiting the website of the relevant third party social network.
(f) Website improvement and personalization: We may collect and use your information to improve and personalize your experience on our websites and applications. This is typically done through automated technologies (such as cookies) that collect and remember certain account login information, technical information, and/or previous website usage information.
(g) Website community features: We may collect and use your information to give you access to website community features, including features that may allow you to upload and share pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal contact information, demographic information, and/or consumer/customer-generated content. Because these features are “communal” in nature, information or content that you post in these areas may be visible to others. For website community features that have social networking integration (such as “Facebook Connect”), see separate paragraph on “Third party social networking.”
(h) Other general purposes (e.g., website security, internal research): We may collect and use your information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies. These activities mostly require the collection and use of certain demographic information, technical computer information, website usage information, and consumer/customer feedback.
4. With whom do we share your information?
We may share your information with the types of companies or in the situations described below. We do not rent or sell your information to third party companies for their own marketing use.
(a) Agents and contractors: These are outside companies, agencies, or contractors that we hire to help us run our business (e.g., fulfill orders, operate our websites, run promotions, provide website development, operate, etc.). The information shared with our agents and contractors could include personal contact information, payment information, demographic information, or other types of information depending on the services being provided, and may require that we transfer your information to locations outside the United States. Agents and contractors are only allowed to access and use your information for the specific tasks they’ve been hired to do and are required to keep your information confidential and secure.
(c) Your California Privacy Rights: If you are a California resident, pursuant to the California Consumer Privacy Act, you have the right to: (i) request that we delete Personal Information about you that we have collected from you, subject to applicable legal exceptions; (ii) request information about our collection of your Personal Information; and (ii) request information about our sale and/or
disclosure of Personal Information about you. You may submit a request to us by email to firstname.lastname@example.org.
In addition, you have the right to opt out of the “sale” of your Personal Information. At this time, we do not sell (i.e., transfer in exchange for payment of money or other valuable compensation), and during the past 12 months have not sold, Personal Information to third parties. However, you have the right to opt out of the sale of Personal Information about you that might occur in the future. For more information about your right to opt out, or to submit an opt-out request to us, please visit our Do Not Sell My Information Request page.
(d) Legal disclosures (when necessary): We may need to share your information for law enforcement or other legal-related purposes. This may be necessary in connection with a lawsuit, claim or investigation, governmental inquiry, court order, enforcement of legal rights (e.g., contract terms, intellectual property rights, etc.), safety issue, or other similar legal or security matter. Sharing your information for these reasons is not a regular event, but could arise from time to time. We strive to limit the types and amount of information we share for legal-related purposes to that which is reasonably necessary.
5. How can you opt out and review your information?
You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication or by emailing email@example.com.
6. How do we protect your information?
We use a variety of standard methods (described below) to keep consumer/customer information confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as our website community features or other social areas.
Personal information we hold is stored on our web servers in secure environments. These servers may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.
All credit/debit card information you provide to us is transmitted via secure technology to the payment processor. Credit card details are not stored by us.
Your personal information is password-protected to prevent unauthorised access to it. You should not divulge your password to anyone.
7. Protecting Childrens’ Privacy
We take the protection of children’s privacy seriously. The online collection of personally identifiable information from children aged 13 and younger is regulated by the Children’s Online Privacy Protection Act
(“COPPA”). We are committed to complying with COPPA, and therefore do not collect personally identifiable information from kids aged 13 and younger without getting parental permission first.
We will not, as provided by applicable law, require or request children under this age to provide more personal information than is reasonably necessary to participate in the applicable activity on the Site. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. Without such consent, though, the child may not be able to participate in certain activities. However, in certain circumstances, we may maintain and use such information (in accordance with the rest of this Policy and applicable law) in order to notify and obtain consent from the parent/guardian and for certain safety, security, liability, and other purposes permitted under applicable law. A parent/guardian can review, remove, change, or refuse further collection or use of their child’s personal information by contacting us as provided above (include child’s name, address, and e-mail address).
What Information Does Nitro Circus Collect From Children and How Is It Used?
(a) Information Provided When Using the Nitro Website and other online platforms: In order for a child to participate in special activities made available on Nitro Circus websites or other online platforms, including but not limited to, activities such as games, quizzes and access to coloring books or other interactive type activities, we might ask children to register. This can often be done anonymously by just providing a first name or user name, and password. When we ask for a child’s first name, we encourage them to use a “screen name” (not their real name) that only they know. Occasionally we will ask your child to make up a special password so that only they can see their customized areas of Nitro Circus websites or other online platforms (if applicable).
We use technology, like cookies, to recognize visitors by their user name when they use or revisit Nitro Circus websites Nitro Circus websites or other online platforms, and to provide us important information that helps us understand features and a user’s areas of most interest. We may also use these technologies to screen for age. We may also use technology for similar purposes in web and/or mobile applications.
(b) Email address of Parent/Legal Guardian or Child: We may sometimes need a child’s email address, the email address of their parent or legal guardian, or both. We may ask a child for their parent’s or legal guardian’s email address, so we can notify them of their child’s interest in services provided by Nitro Circus.
In the limited circumstances where we might collect a child’s email address without getting their parent or legal guardian’s consent first (see more below), if we need more than just a child’s first name (or screen name) and email address for the child to participate in a particular service, we will ask the child for their parent or legal guardian’s email or mailing address so that we can notify them of their child’s request and get their permission. When we ask for such permission, we will tell the parent or legal guardian what we will do with the information that is provided to us by the parent/legal guardian or the child, and how the parent/legal guardian can review a child’s information and ask us to delete the information. With the consent of the parent/legal guardian, we may collect other personal information from a child such as a last name or home address when the information is necessary for a particular activity.
We don’t keep your (or your child’s) email address unless you tell us it is okay. Nitro Circus might collect an email address and first name (or screen name) from your child without your consent, but only in the following special cases:
· If a child sends an email enquiry or request to us, we keep their email address for long enough to respond to them. Nitro Circus will delete this information from our system after we answer their question.
· If a child signs up for an email newsletter or other activity that requires multiple online contacts with the child, we also ask the child for a parent’s or legal guardian’s email address, so we can notify you and give you an opportunity to opt out.
· Occasionally, Nitro Circus has special activities or promotions, like sweepstakes or contests that may be open to children. For such activities or promotions, we will ask your child to give us your email address, so that we can tell you that they have registered in a promotion or for a service. If we need more than an email address and first name (or screen name) to enter your child in the promotion, award a prize, or offer the service, we will notify you, explain what information we need and why, and generally ask that you (not your child) provide it. For example, we might ask you for your mailing address so that we can send to you, for your child, any prizes your child wins, or for your phone number so that we can contact you if your child has won. Any information we receive from you or your child in the above special circumstances will be deleted from our database once the promotion, program or activity is concluded, and after any legally required period for keeping such information is complete.
(c) Demographic Information: We may ask for certain information that is not personally identifiable, like city and state, birth month and day, gender, hobbies, etc., to help us understand our visitors and improve our products and services.
(d) Technology Information: We may also use technology and work with third-party technology partners to facilitate the ability to play games, to recognize returning visitors, for research, and for other purposes, including to screen under-age visitors from certain features or areas intended for older visitors, and to get certain automatically collected information automatically. We ask our advertising agency service partners under contract with us to comply with self-regulatory guidelines on targeted advertising.
7. Other important information
This section provides additional information that is important for you to know about this Policy or our practices.
(a) We are not responsible for third party sites/features
Our websites and applications may provide links to, or features from, other third party sites (such as independent e-commerce sites and third party social networks) over which we have no control. If you link to or use such third party sites or features, you do so at your own risk. We do not control and are not responsible or liable for the content or practices of any third party site, application, or feature. We make no representations about the accuracy of information contained on those websites.
(b) Cookies Statement
promote us or our products and services. The content may be our own, or may be the content of others in which we have an interest, such as our banner advertisements.
Cookies may be arranged (“set”) by us or by others under an arrangement with us, such as companies whose business it is to analyse information. We may also access information from cookies set by others (“Third party cookies”).
Why Should You Know About Cookies?
You should know about cookies because they involve the collection of information about you (which may or may not be personal information) in a way which may not be obvious to you.
What is a cookie?
Cookies are small pieces of information captured when your device is used to access online content. Cookies are stored in your device by the person who arranges for the cookie to be set. This person may be the provider of the content being accessed, or it might be a third party. Third party cookies are used to provide information about your device’s access to more than one discrete site or data set.
Why do we Allow Cookies to be Used?
We allow cookies to be used for three reasons.
· First, we allow session cookies to be used when you visit our online content. This enables your device to move from page to page without having to log in repeatedly. These generally improve your browsing experience.
· Second, we allow persistent (permanent) cookies to be used to better inform how the content your device visits may be presented to you. Persistent cookies can store your preferences for a particular site, so they will be remembered when the site is visited again.
· Third, we allow persistent and other kinds of permanent cookies (such as “flash” cookies) to be set and we access information from 3rd party cookies in order to assist in compiling and analysing the types of online content you visit and your interaction with that content. This assists us to assess what promotions to offer to you, and when and how. It also assists us to measure the effectiveness of our promotions.
What Are Your Choices About Cookies?
You can control the extent to which your device allows cookies to be set on it. You can do this by changing the settings on the software your device uses to access the internet (your browser software). For example, depending on which browser your device uses, you may be able to disable third party cookies.
8. Intellectual Property
Unless otherwise indicated, Nitro and its licensors and certain other third parties owns or controls all right, title and interest in the Content and the Nitro Website (including past, present and future versions), which are protected by copyright, trademark, patent or other intellectual property rights and laws to the fullest extent possible. The Content shall be defined to include without limitation all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, URLs, technology, software, interactive features, the compilation, assembly and arrangement of the materials of the Nitro Website and any and all copyrightable material, trademarks, logos, tradenames, service marks and trade identities of various parties, and other forms of intellectual property.
Nitro is the owner of several registered trademarks which appear on this website. Unauthorized use of these trademarks will infringe our intellectual property rights.
You may only access and use the Content for non-commercial or personal use, unless you have express prior written approval from us. You may print out any content on this website for your personal use only. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law). None of the Content or any part of it may be reproduced on any other internet website.
If you seek to reproduce or otherwise use the content in any way it is your responsibility to obtain approval for such use where necessary.
Nitro is in no way responsible to you or anyone else for any loss suffered in connection with the use of this website or any of the content. This includes, but is not limited to, the transmission of any computer virus, worm or any other form of electronic damage now known or hereinafter devised.
Nitro makes no warranties or representations about this website or any of the content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it.
Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under the Competition and Consumer Act 2010 (Cth) (Schedule 2, The Australian Consumer Law, s 64A). We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of this website, including loss of business profits.
10. Contact information