Privacy Policy

Last updated: September 24, 2024

This Privacy Policy explains how Nighted (the “Site”, “we”, “us”, or “our”) collects, uses, and shares your personal information when you visit, use our services, make a purchase from nightedpullover.com (the “Site”), or otherwise get in touch with us about the Site (together, the “Services”).

In this Privacy Policy, “you” and “your” refer to you as a visitor, customer, or any other individual whose personal information we collect in connection with the Services.

Please read this Privacy Policy carefully. By accessing or using any part of the Services, you agree to the collection, use, and disclosure of your information as described here. If you do not agree with this Privacy Policy, please do not use or access the Services.

Changes to This Privacy Policy

We may revise this Privacy Policy from time to time, including to reflect updates to our practices or for operational, legal, or regulatory reasons. When we do, we will post the updated version on the Site, change the “Last updated” date, and take any additional steps required under applicable law.

How We Collect and Use Your Personal Information

To operate the Services, we collect — and have collected during the last 12 months — personal information about you from different sources, as described below. The information we collect and how we use it depends on how you interact with us.

In addition to the uses described below, we may use your information to communicate with you, provide, maintain, improve, and personalize the Services, comply with legal obligations, enforce our terms, and protect the Services, our business, and our users.

What Personal Information We Collect

The personal information we collect depends on how you use our Site and Services. When we refer to “personal information,” we mean information that identifies, relates to, describes, or can reasonably be linked to you.

Information We Collect Directly from You

The information you provide directly through our Services may include:

• Contact details, such as your name, address, phone number, and email address.
• Order details, such as your name, billing address, shipping address, payment confirmation, email address, and phone number.
• Account details, such as your username, password, security questions, and other information used to protect your account.
• Shopping details, such as products you view, place in your cart, save to your account, or purchase, including things like loyalty points, reviews, referrals, or gift cards.
  • Loyalty points, product reviews, referrals, and gift cards saved to your account.
• Customer support information, including anything you choose to share with us when you contact us.

Some features of the Services require you to give us certain personal information directly. You may choose not to provide that information, but doing so may prevent you from using some features or services.

Information We Collect About Your Usage

We may automatically gather certain information about how you interact with the Services (“Usage Data”). We may use cookies, pixels, and similar technologies (“Cookies”) for this purpose. Usage Data may include information about how you access and use our Site and account, including device details, browser details, network information, IP address, and other interaction data.

Information We Obtain from Third Parties

We may also receive information about you from third parties, including vendors and service providers who collect information on our behalf, such as:

• Businesses that help support our Site and Services, including Shopify.
• Payment processors that collect payment information — such as bank account information, credit or debit card details, and billing address — in order to process payments, fulfill your orders, and provide the products or services you request.
• Parties that collect information automatically when you visit our Site, open or click our emails, or interact with our Services or advertisements, including through pixels, web beacons, software development kits, third-party libraries, and cookies.

Any personal information we receive from third parties will be handled in line with this Privacy Policy. Please also review the section below titled “Third Party Websites and Links.”

How We Use Your Personal Information

• Providing Products and Services. We use your personal information to provide the Services and carry out our contract with you, including processing payments, fulfilling orders, sending notifications related to your account, purchases, returns, exchanges, or other transactions, creating and managing your account, arranging shipping, and supporting returns, exchanges, and related account features.

We may also improve your shopping experience by allowing Shopify to connect your account with other Shopify services you choose to use. In those cases, Shopify will process your information according to its own Privacy Policy and Consumer Privacy Policy.

• Marketing and Advertising. We may use your personal information to send marketing and promotional messages by email, text message, or post, and to show you ads for products or services. This can include using your information to better tailor the Services and advertising shown on our Site and elsewhere.
• Security and Fraud Prevention. We use your personal information to detect, investigate, and respond to suspected fraudulent, unlawful, or harmful activity. If you create an account, you are responsible for keeping your login details secure. We strongly recommend that you do not share your username, password, or other credentials with anyone. If you believe your account has been compromised, please contact us immediately.
• Communicating With You and Improving Our Services. We use your personal information to provide customer support and improve the Services. We do this in our legitimate interests so we can respond to you, deliver effective support, and maintain our relationship with you.

Cookies

Like many websites, we use Cookies on our Site. For more information about the Cookies Shopify uses to power stores, please review Shopify’s Cookie Policy. We use Cookies to run and improve our Site and Services, remember your preferences and actions, perform analytics, and better understand how users interact with the Services.

We may also allow third parties and service providers to use Cookies on our Site to better customize services, products, and advertising on our Site and on other websites.

Most browsers accept Cookies automatically, but you can usually adjust your browser settings to remove or reject them. Please note that removing or blocking Cookies may negatively affect your experience and may cause certain parts of the Services to function incorrectly or become unavailable.

Blocking Cookies may also not fully prevent how information is shared with third parties, such as advertising partners.

Our Site also responds to the Global Privacy Control (GPC) signal, which lets you opt out of certain uses or disclosures of your information. If you send us a valid GPC signal, we will treat it as a request to opt out of sharing or targeted advertising for the browser or device that sent the signal and, where possible, for the associated Shopify account as well.

To learn more about Global Privacy Control, please visit globalprivacycontrol.org. Apart from GPC, we do not respond to other “Do Not Track” signals that may be sent from your browser or device.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contractual purposes, legitimate business purposes, and other reasons consistent with this Privacy Policy. These situations may include:

• With vendors and service providers that perform services for us, such as IT management, payment processing, analytics, customer support, cloud storage, fulfillment, and shipping.
• With business and marketing partners to provide services and advertise to you. Those partners will use your information according to their own privacy notices.
• When you ask us to, direct us to, or otherwise consent to sharing certain information with third parties, such as to ship products to you or through your use of social media widgets or login tools.
• With our affiliates or within our corporate group where necessary for legitimate business operations.
• In connection with a business transaction, such as a merger or bankruptcy, or where needed to comply with legal obligations, respond to legal requests, enforce terms, or protect the Services, our rights, and the rights of others.

During the last 12 months, we have disclosed the following categories of personal information and sensitive personal information for the purposes described above under “How We Collect and Use Your Personal Information” and “How We Disclose Personal Information”:

Category	Categories of Recipients
Identifiers, such as basic contact details and certain order and account information	Vendors and third parties who provide services on our behalf; business and marketing partners; affiliates
Personal information categories listed in the California Customer Records statute, such as basic contact details and certain order and account information	Vendors and third parties who provide services on our behalf; business and marketing partners; affiliates
Commercial information, such as order details, shopping information, and customer support information	Vendors and third parties who provide services on our behalf; business and marketing partners; affiliates
Internet or other similar network activity, such as Usage Data	Vendors and third parties who provide services on our behalf; business and marketing partners; affiliates
Geolocation data, such as location derived from an IP address or other technical methods	Vendors and third parties who provide services on our behalf; business and marketing partners; affiliates

We do not use or disclose sensitive personal information without your consent or for the purpose of inferring characteristics about you.

Over the past 12 months, we have “sold” and “shared” personal information, as those terms are defined under applicable law, for advertising and marketing purposes as follows:

Category of Personal Information	Categories of Recipients
Identifiers, such as name, email address, and phone number	Business and marketing partners
Commercial information, such as records of products or services purchased	Business and marketing partners
Usage Data	Business and marketing partners

Third Party Websites and Links

Our Site may contain links to third-party websites or online platforms that we do not own or control. If you follow any of those links, you should review the relevant privacy policies, security practices, and terms of use. We are not responsible for the privacy, security, accuracy, completeness, or reliability of third-party websites or platforms.

Information you share in public or semi-public spaces, including on third-party social media platforms, may also be visible to other users of the Services and/or those platforms, and may be used by us or others without restriction. Including those links on our Site does not mean we endorse those third parties unless expressly stated.

Children’s Data

The Services are not intended for children, and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us using the details below so we can request deletion where appropriate.

As of the effective date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” personal information of individuals under 16 years of age, as those terms are defined by applicable law.

Security and Retention of Your Information

Please understand that no security system is completely secure, and we cannot guarantee absolute security. In addition, any information you transmit to us may not be secure while in transit. We recommend that you do not use unsecured channels to send sensitive or confidential information.

How long we keep your personal information depends on a range of factors, such as whether the information is needed to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce applicable agreements and policies.

Your Rights

Depending on where you live, you may have some or all of the following rights in relation to your personal information. These rights are not absolute, may apply only in specific circumstances, and in some cases we may decline a request where permitted by law.

• Right to Access / Know: You may have the right to request access to the personal information we hold about you, including information about how we use and share it.
• Right to Delete: You may have the right to ask us to delete personal information we maintain about you.
• Right to Correct: You may have the right to request correction of inaccurate personal information we hold about you.
• Right of Portability: In certain cases and subject to exceptions, you may have the right to receive a copy of your personal information and ask that it be transferred to a third party.
• Restriction of Processing: You may have the right to ask us to limit or stop certain processing of your personal information.
• Withdrawal of Consent: Where we rely on your consent to process personal information, you may have the right to withdraw that consent.
• Appeal: If we deny your request, you may have the right to appeal that decision by replying directly to our denial.
• Managing Communication Preferences: We may send you promotional emails, and you can opt out at any time by using the unsubscribe link included in those emails. Even if you opt out of marketing messages, we may still send you non-promotional emails about your account or orders.

You may exercise any applicable rights where indicated on our Site or by contacting us using the contact information below.

We will not discriminate against you for exercising any of these rights. Before responding, we may need to verify your identity using information such as your email address or account details. Where allowed by law, you may authorize an agent to submit requests on your behalf. Before accepting such a request, we may require proof of authorization and may also ask you to verify your identity directly.

We will respond to your request within the timeframe required by applicable law.

Complaints

If you have concerns about how we process your personal information, please contact us using the details below. If you are not satisfied with our response, depending on where you live, you may have the right to appeal our decision or file a complaint with your local data protection authority.

International Users

Please note that we may transfer, store, and process your personal information outside the country where you live. Your personal information may also be handled by staff, service providers, and partners located in other countries.

If we transfer your personal information outside Europe, we will rely on recognized transfer mechanisms such as the European Commission’s Standard Contractual Clauses, or equivalent UK-approved safeguards where applicable, unless the transfer is to a country considered to provide an adequate level of protection.

Contact

If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of your available rights, please contact us at nightedpullover@gmail.com.