Privacy Policy

Last updated: June 3rd, 2014

This Privacy Policy (the "Policy") explains how information is collected, used and disclosed by Nixter, Inc. (the “Company” or “we”) with respect to your access and use of the Company's services, whether through our websites located at www.nixter.com or www.nightlifegraph.com (“Nightlifegraph”) or Nixter, Inc.'s mobile application(s) (the “Nixter App”). The Company’s websites and mobile application are together referred to below as "Nixter" or the "Service". By using the Service or allowing someone to use the Service on your behalf, you are consenting to our collection and use of your information in accordance with this Privacy Policy. This Policy describes privacy practices specific to the Nixter services. The main Skout Privacy Policy does not apply with respect to the Nixter services. Your use of the Nixter services is governed by the Nixter Terms of Use.

What Information Do We Collect?

We collect certain information when you connect to or use Nixter in various ways. This information may be information that can identify you as a person or non-personal information and is either collected automatically or as a result of your specific input of the information. All information collected in any way is referred to collectively in this Policy as "Information." All Information is currently processed and stored in the United States on either Nixter servers or within Amazon Web Services.

Website Visits and Transactions

We automatically collect certain Information when you visit our websites. We collect your IP address and browser header (version and type of browser) in a log file. We also collect your Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.

We also collect certain Information when you engage in transactions via our Services. When you RSVP to an event or sign up for bottle service we collect your name, email address and gender; for bottle service we also collect your phone number. In addition, when you purchase a ticket to an event, you will be required to submit payment information which will be treated as described in this Policy.

Cookies and Web Beacons

We may also automatically collect certain Information through the use of "cookies" or web beacons. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with the websites, to monitor aggregate usage by our users and web traffic routing on our websites, and to improve our Service.

Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

We may feature advertisements served by third party advertising companies which deliver cookies to your computer so the advertisements you see can be tracked. These advertisers may use information about your visits to our websites in order to provide advertisements about goods and services of interest to you.

Third party advertising companies may collect information using Web beacons. Web beacons or "gifs", are electronic images that may be used on our websites. Advertisers may use web beacons in connection with our websites in order to collect and use data regarding advertisement performance and your interests for the purpose of delivering relevant advertising to you.

You may click on the following links: http://www.networkadvertising.org/choices/ and http://www.aboutads.info/choices/ http://www.aboutads.info/choices/ for information on how to opt-out of the use of cookies or Web beacons.

Sign Up/Install

When you download the Nixter App for the first time on a specific device we create and store a random string, which acts as a device identifier (the “Device ID”). You may be required to provide the following Information to Nixter when you install the Nixter App: your name, your email address and your picture. We also automatically collect the time you connect ("timestamp") and your geolocation information if you have given us access to that location. You will also be required to create a password. Other users will be able to view your last name, profile picture and history of events attended on the guest list when you RSVP or purchase a ticket to an event. If you do not want other users to view your event history, you can elect to hide this information in the Nixter App settings.

When you sign up for the Nightlifegraph service, in addition to the information required upon sign up for the Nixter App, you may be required to provide the following Information: Information about your venue, such as venue name, address, phone number and cover image, and your banking information (your account number and routing number).

Login

We collect the following Information each time you log in to Nixter: Your geographic location specified by latitude and longitude (if you have given us access to this location), your IP address, the MAC address of the device you are using and the Device ID. If you are logging in on the iOS platform, we also collect the Identifier for Vendor ("IFV") and the Identifier for Advertiser ("IFA"). Also, if you log in through an ad identifier, we collect your device type and a timestamp. We collect all of the above Information automatically as part of the log in process.

Please note that if you delete the Nixter App from a device, the Device ID will stay on the device. If you download the Nixter App again on the same device, it will use the already created Device ID. If you download the Nixter App on a different device, a different Device ID will be created and used.

Sign up via Facebook

We collect the following Information when you sign up for Nixter via your Facebook account: Your name, your email address, your Facebook profile picture, your gender, your birthday, how many Facebook friends you have and their names, your Facebook ID and a timestamp. We collect all of the above information automatically as part of the Facebook sign up process. If you want us to delete the data we receive from Facebook about you, please contact us at hello@nixter.com.

Adding Friends to Events

If you choose to add friends through Facebook, we only access and collect your friend’s Facebook name and Facebook ID.

Location Information

In addition to the geographic Information collected when you log in, when you use Nightlifegraph we track your IP address to determine if you are accessing Nightlifegraph from the U.S. or from outside the U.S. In addition, when you visit the web view of an event we collect your IP address so we can track the visit. When you use the Nixter App on a mobile device, you can enable or disable location services through your mobile device settings.

Platforms

In the course of providing our Service on third party platforms, such as Apple’s App Store, the platforms may collect Information about you or receive Information from us in order for the platform to provide or analyze their services. Please note that these platforms were developed and administered by people or companies not affiliated with or controlled by Nixter and that Nixter is not responsible for the actions of those people or companies. You should carefully review the terms of service and privacy policies of the platforms that you use to access our Service.

How Do We Use the Information We Collect?

We use Information for the following purposes:

  • to administer our websites and provide our Services or information you request
  • to process and complete any transactions;
  • to promote Nixter in general;
  • to provide you with advertising that may be of interest to you;
  • to identify you to other Nixter users, including your name, profile and event history (unless you choose to hide the event history);
  • to identify your location to other Nixter users, if you choose to enable this feature;
  • to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
  • to provide you with additional points and rewards from watching video advertisements, and to increase the functionality and user friendliness of our services;
  • to monitor and analyze user behavior and trends;
  • to track visitor movement and activity in the aggregate (for example, to give us information about what parts of the websites users are visiting)
  • to personalize and improve Nixter products and features and your experiences when you use Nixter, such as providing content or features that match your profile, location or interests;
  • to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our services;
  • help prevent or identify fraud, misconduct and/or a violation of our terms of use
  • to connect with your friends (when instructed by you); and
  • for any other stated purpose for which the Information was collected.

In addition, we may use your email address to send you emails for both transactional (e.g., confirmation of or issues with Services) and promotional purposes (e.g., newsletters, new product offerings, special discounts, event notifications and third-party offers). Email messages we send to you may contain code that enables our database to track your usage of the emails, including whether the email was opened and what links (if any) were clicked. If you would rather not receive promotional emails from us, please email us at hello@nixter.com.

With Whom Do We Share Your Information?

We may share Information as follows:


  • with in-app advertisers or advertising networks for the purpose of providing advertising of interest to you within Nixter or advertising Nixter in other locations;
  • with analytics providers for the purpose of analyzing user data;
  • with Facebook or other third party services like Facebook (where you can connect your Nixter account)
  • with customers i.e., event planners/organizers using our platform nightlifegraph in order to offer the Service to Nixter users;
  • with other Nixter users using the Nixter App;
  • with service providers who are working with us in connection with the operation of our Service, such as third party payment processors;
  • anonymous or aggregate data with third parties for industry analysis, demographic profiling and other similar purposes;
  • when you give us your consent to do so;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
  • to enforce or apply our privacy policy, our terms of use or our other policies or agreements;
  • to protect the rights, property, or safety of Nixter, our users, or others; and
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

Information we share with third parties, such as advertising networks and event planners, may include your transaction history, your attendance history and your interaction history (such as previous RSVPs, bookings or visits to events through Nixter).

Payment Card Information

To use certain aspects of the Service, such as to buy tickets or other products or services, we may require credit or debit card account information. By submitting your credit or debit card account information through the Service, you expressly consent to the sharing of your information with merchants, third-party payment processors, and other third-party service providers (such as ticket brokers). You also agree to the following terms:


  • When you provide your credit or debit card account information through our Service, your credit or debit card account information is sent directly to our third-party payment service provider, which is currently Stripe. This third party may store your credit or debit card account information so you can use our Services in the future.
  • We will not have your complete credit or debit card account information, however we will receive from Stripe a token that we may use to make charges to your card. In addition, we may also have access to certain information regarding your card, such the card provider, the last four digits of the card number and the name on the card.

Nixter does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information.

While Nixter requires that Stripe use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Nixter or our third-party service providers, such as Stripe. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Nixter account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.

Third Party Services

The Service may contain third party tracking tools from our service providers, examples of which include Google Analytics, Mixpanel and Flurry. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address.

You can opt-out of Flurry Analytics tracking by clicking  www.flurry.com/user-opt-out.html

You can opt-out of Google Analytics with this browser add-on tool: https://tools.google.com/dlpage/gaoptout

You can opt-out of Mixpanel by accessing this link: https://mixpanel.com/optout/

What Information Can the Other Users See?

You can use Nixter to RSVP for events, buy tickets for events or book bottle service. Your last name, profile picture and history of events attended will be visible on a guest list when you RSVP to an event or purchase a ticket to an event. If you do not want users to view your event history, you can hide your history through the app settings.

How Do We Use Your Information for Advertising and Analytics?

We may allow advertisers and analytics providers to collect your Information within the Service and they may share it with us. Advertisers may collect your Information through the use of tracking technologies such as browser cookies and Web beacons. The Information collected may be used to offer advertisements of particular interest to you and to analyze your activity within the Service to improve your experience.

When we purchase advertising space on the mobile platform, we share a list of device ID Information with the ad networks with which we are interacting. Ad networks use this information to match the list of identifiers with identifiers they can confirm have downloaded or installed our Service through an advertisement. When we sell advertising space on the mobile platform, ad networks may collect the following user Information in order to provide advertising of interest to you: IP address, http: header information, geographic location (to the extent you allow us to access such information), age, gender and unique device IDs. We do not provide to ad networks names, user names, phone numbers, or email addresses.

We also use third parties such as Flurry and MixPanel to collect and analyze your Information. We use Google Analytics to track your visits to our websites. You can opt-out of Flurry Analytics tracking, Mixpanel tracking and Google Analytics tracking as set forth above in this Policy.

Links to Other Sites

Nixter may contain links to other sites and apps, including in advertisements. Any information you provide on those sites is provided directly to the owner of that site and is subject to that party's privacy policy. This Policy does not apply to such sites, and we are not responsible for the content or privacy and security practices and policies of those sites.

What Steps Do We Take To Protect Your Information?

While we take measures to protect your Information in an effort to prevent loss, misuse and unauthorized access, disclosure and alteration, despite our efforts, no security measures are impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

Accessing and Modifying Your Information

If you have a Nixter account, you can access and modify certain Information that you provided to us that is associated with your account by logging in and editing your profile information on Nixter. Note that you may not modify your location Information, which is automatically collected. To request modifications to any Information that you cannot edit via the Service, please contact Nixter user support at hello@nixter.com.

Opting Out

You may "opt out" of receiving marketing or promotional emails and push notifications from us by changing your account preferences or by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us, about your account, our services and other pertinent information related to our Service. These communications are considered part of the Service and your account, which you cannot opt-out from receiving.

Do Not Track

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our Sites.

Children

We do not knowingly collect personal data from children under the age of 13. If you are under the age of 13, please do not submit any personal data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided personal data to us through the Services, please contact us, and we will endeavor to delete that information from our databases.

Deleting Account Information

If you would like your account Information permanently deleted, you may contact Nixter customer support at hello@nixter.com. and request permanent deletion. We will then delete all of your account Information.

International Users

If you are located outside the United States, please note that we may transfer your Information to the United States (or any other country in which we operate) and process it there. By using Nixter, you consent to the collection, transfer, use, storage and disclosure of your Information as described in this Policy.

Your California Privacy Rights

Under California Civil Code Section 1798.83, California residents may request and obtain from Nixter once a year, free of charge, a list of third parties who receive personal information (if any) for their direct marketing purposes and the categories of personal information disclosed to those third parties. To request this information sharing disclosure, please contact Nixter at hello@nixter.com.

Changes to the Policy

Any Information that is collected is subject to the Policy in effect at the time such Information is collected. We may, however, modify the Policy from time to time. If we make any material changes to this Policy, we will notify you of such changes by posting them on Nixter or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use Nixter after those changes become effective, you are agreeing to have your Information collected, used and disclosed as described in the modified Policy.

Questions?

Please  contact us if you have any questions about this Policy.