NightOwlPoker.com Privacy Policy
Last Updated April 30, 2008
Welcome to the Web site of NightOwlPoker.com ("NightOwlPoker.com", "we" or "us") located at www.NightOwlPoker.com (the "Site"). This Site is operated by NightOwlPoker.com has been created to provide information about us and to provide users ("users" or "you") with the opportunity to register for and use certain services offered by us (the "NightOwlPoker.com Services") This Privacy Policy sets forth NightOwlPoker.com's policy with respect to information including personally identifiable data ("Personal Data") that is collected from users who use the Site
What Information Do We Collect?
Personal Data You Provide to the Site: NightOwlPoker.com does not collect Personal Data about individuals except when such individuals specifically provide Personal Data on a voluntary basis. For example, NightOwlPoker.com may collect Personal Data through contest registrations and the registration process for the NightOwlPoker.com Services. Wherever NightOwlPoker.com collects Personal Data, NightOwlPoker.com makes an effort to provide a link to this Privacy Policy. The NightOwlPoker.com Services are only available to Permitted User, as described in our Terms of Use agreement. If you are not a Permitted User, you are not permitted to use the NightOwlPoker.com Services or provide any Personal Data to us through the NightOwlPoker.com Services.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of NightOwlPoker.com and the authorized third parties referred to herein for the purposes described in this Privacy Policy.
Non-Identifiable Data: When you interact with NightOwlPoker.com through the Site, we receive and store certain non-personally identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. NightOwlPoker.com may store such information itself or it may be included in databases owned and maintained by NightOwlPoker.com, its affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
Cookies: Users also should be aware that certain non-personally identifiable information and data may be automatically collected through the standard operation of NightOwlPoker.com's internet servers or through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that NightOwlPoker.com cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for NightOwlPoker.com. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the Site.
How Do We Use your Personal Data and Other Information?
NightOwlPoker.com May Use Personal Data For the Purposes For Which Such Data Was Provided: NightOwlPoker.com uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we may use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the NightOwlPoker.com Services, we will use your Personal Data to provide access to such services.
Subject to Your Right to Opt-Out, NightOwlPoker.com May Use Your Personal Data for Promotional Purposes: At the time Personal Data is collected, each user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from NightOwlPoker.com and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, NightOwlPoker.com reserves the right to contact a user regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.
NightOwlPoker.com May Use Your Personal Data For Research Purposes: In an ongoing effort to better understand and serve the users of the NightOwlPoker.com Services, NightOwlPoker.com often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. NightOwlPoker.com reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. NightOwlPoker.com will provide only aggregated data from these analyses to third parties. Also, users should be aware that NightOwlPoker.com may sometimes permit third parties to offer subscription and/or registration-based services through a NightOwlPoker.com site. NightOwlPoker.com is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.
Third Parties May Have Access to Your Personal Data if You Post it in Public Areas: Users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the Public Areas (as defined below) of the Site, that Personal Data, along with any other information disclosed in the user's posting or communication, can be collected and correlated and used by third parties. This may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of NightOwlPoker.com. Accordingly, users are advised to use caution before posting any Personal Data to the Public Areas.
Additional Uses of Personal Data: NightOwlPoker.com and its subsidiaries and affiliates (the "NightOwlPoker.com Related Companies") may also use your Personal Data and other non-personally identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the NightOwlPoker.com Services. We may also share your Personal Data with certain third parties as described further in the section labeled "Do We Share Your Personal Data?" If NightOwlPoker.com intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
What Are Your Choices?
Upon request, NightOwlPoker.com will allow any user to "opt out" of further promotional contacts at any time. Additionally upon request, NightOwlPoker.com will use reasonable efforts to allow users to update/correct Personal Data previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, NightOwlPoker.com will use commercially reasonable efforts to functionally delete the user and his or her Personal Data from its database; however, it may be impossible to delete all of a user's entry without some residual information because of backups and records of deletions.
Do We Share Your Personal Data?
There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
NightOwlPoker.com Related Companies: We may also share your Personal Data with the NightOwlPoker.com Related Companies for purposes consistent with this Privacy Policy.
Agents, Consultants and Related Third Parties: NightOwlPoker.com, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we endeavor to provide them only with the information that they need to perform their specific function.
Marketing Purposes: Subject to Your right to opt-out, NightOwlPoker.com may disclose your Personal Data to third parties so that such third parties may contact you regarding products, services and offerings that may be of interest to you.
Legal Requirements: NightOwlPoker.com may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of NightOwlPoker.com, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability
Exclusions:
This Privacy Policy shall not apply to any unsolicited information you provide to NightOwlPoker.com through this Site or to through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, "Public Areas") any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All such Unsolicited Information shall be deemed to be non-confidential and NightOwlPoker.com shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Children:
NightOwlPoker.com does not knowingly collect Personal Data from children under the age of 18. If you are under 18 years of age, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provider Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Data to NightOwlPoker.com through this Site, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Web Sites:
This Site may frame or contain references or links to other web sites not operated or controlled by NightOwlPoker.com, including web sites of NightOwlPoker.com and unrelated companies with which NightOwlPoker.com has a business relationship (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply NightOwlPoker.com's review or endorsement of the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Security:
NightOwlPoker.com takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to NightOwlPoker.com via the Internet.
Other Terms and Conditions:
Your access to and use of this Site is subject to the Terms of Use.
Changes to The Privacy Policy:
This Privacy Policy was last updated as of the date indicated above. The Site and our business may change from time to time. As a result, at times it may be necessary for NightOwlPoker.com to make changes to this Privacy Policy. Accordingly, NightOwlPoker.com reserves the right to change this Privacy Policy at any time by notifying users of the existence of a new and/or revised privacy policy. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Access to Information; Contacting NightOwlPoker.com:
To keep your Personal Data accurate, current, and complete, please contact us via email. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site. Please consult for information on how to revise your Personal Data. Please also feel free to contact us if you have any questions about this Privacy Policy or the information practices of this Site. You may contact us via our web site.
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