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Privacy policy

This Privacy Policy serves to inform all customers and users of NIGHSHOP – NIGH on everything that affects the use we make of their personal data.

Our purpose is to offer the greatest transparency and security in the collection and processing of personal data of our customers and users, and to this end we apply this privacy policy in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter, “GDPR”) and other applicable law.

We use several ways to interact with our customers and users (web, app, stores), so this information is applicable for the interaction with us through any of the means indicated. You will also find information about each processing of personal data as you interact with us.

DATA CONTROLLER

The owner of this website and the data controller is NIGHSHOP, which acts in the market through the registered trademark NIGHSHOP - NIGH, hereinafter “NIGH”.

Our contact information is as follows:

Mailing address: 1178 A Sanchez Street, San Francisco, California, 94114 US

Phone: +1 (646) 209-7248

E-mail: info@nighshop.com

You can contact us to comment on or inquire about any matter related to the protection of personal data or for any other matter related to them. Below, we explain how and for what purpose we use the information you provide us, as well as other information of interest to you that you should be aware of.

WHAT TYPES OF DATA DO WE PROCESS?

Depending on your requests, inquiries and purchases, we will ask you for the data necessary to comply with our obligations and to provide you with the best service. We do not process any personal data revealing racial or ethnic origin, religious or philosophical convictions or trade union membership, nor we do process genetic data, biometric data intended to uniquely identify a person, data relating to health or data relating to the sex life or sexual orientation of an individual.

The types of personal data we collect for processing are as follows:

DATA TYPE

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Identification and contact information

First name, last name, gender, date of birth, e-mail address, telephone number.

Data to perform a transaction

Shoe size, clothing size, payment information (bank card), shipping address, billing, information about your purchases and returns.

Connectivity and geolocation data

Information from your device or browser including login location (IP address), GPS location (if you intend to share it with us, e.g., via your mobile device), date and time of visit, visited pages and time spent on our website.

Data to send commercial information

E-mail address, gender and date of birth.

Mailing data

History of e-mails, inquiries, requests and customer services.

Data on likes or preferences

Information about purchase history, purchase preferences, browsing behavior, interaction of customers and users with NIGH on social networks such as Facebook, Instagram, Google, etc.

When we ask for your data, it is not mandatory that you provide or fill in all the fields, but only those that are indicated as mandatory as they are necessary to provide you with the requested service. In case you do not provide this information, you may not be able to complete your registration or enjoy the services you have requested.

WHAT IS THE PURPOSE OF THE PROCESSING?

Below we inform you of the purposes of the treatment we make of each category of data:

DATA TYPE

PURPOSE

Identification and contact information

To register as a customer or user of NIGH.To identify you and give you access to the various features of our website and app, as well as our products and services offered through any channel. For reasons of security, crime prevention, protection of the rights and freedoms of others, for the exercise of legal actions or other actions to ensure the purposes indicated.

Data to perform a transaction

For the performance and execution of any purchase contract you enter into with NIGH. To ensure receipt of payment for purchases you have made. To detect payment fraud and avoid illicit purchases or purchases that infringe our legitimate interests as a company and yours as a consumer.In the event that our information analysis systems detect a potential risk of fraud, in which case, NIGH may refuse your order and will not proceed with the charge of the transaction. This analysis of the information you provide us in the purchase process is combined with other information from our suppliers, who provide us with risk and payment fraud detection services. To issue receipts and invoices for the purchases you have made.To manage the delivery of purchased products and possible changes and returns that you request. For the exercise of legal actions or other actions that may arise from the performance and execution of the contracts.

Connectivity and geolocation data

To remember your actions and preferences on our website and app (login, language and other display options), we store this information for authentication and security purposes.To ensure that only authorized customers and users have access to their personal space within our website and app.To analyze browsing data to understand how people interact with our website and app in order to improve the functionality of our services and interaction with all our customers and users, and to improve the design and configuration of our website and app.To show you the nearest store where you can find the product you are interested in or are viewing.To manage product deliveries more accurately and quickly, and allow you to track the delivery of your orders. We share this information, with your prior consent, with our delivery partners in order to better manage your orders.

Data to send commercial information

For commercial and marketing purposes.To manage your subscription to our newsletter and inform you about the option to unsubscribe from this service at any time and free of charge.To send you personalized messages to your email address to inform you about our products, services, promotions, launches, offers, sales and other promotional activities. By retrieving information from your shopping and browsing history, we are able to send you suggestions about the products we think you are most interested in and, if you are registered, we can provide you with the functionality to access your shopping cart.To carry out personalized actions of your interest, so you can participate in events that we organize and in raffles, as well as benefit from discounts and other promotional activities.

Mailing data

To attend and manage your requests, complaints or claims through our customer service channels.To resolve any doubts through the communication channels made available to our customers and users.To attend to the exercise of your rights as a consumer and for the protection of personal data.

Data on likes or preferences

To observe online behavior (web and app) and know which products may interest our customers and users. We analyze different types of data to have more information on how our products are sold in any channel we use, the markets where they have a higher penetration, what are the most popular features of our products, how customers and users respond to or accept the advertising and marketing campaigns we carry out; to have more information about the design of our website and app and, of course, to know the overall experience of our customers and users to reorient and improve our commercial and business strategy. We also need this analysis to understand what are the browsing behaviors on our website and app, and to improve the experience of customers and users in order to keep them buying our products and continue interacting on our website and other applications we use. We use the services of certain social media providers (e.g., Google or Facebook) to better target advertising campaigns and to be able to send messages to our customers and users. This data is shared with these providers in order to improve the information and messages that NIGH sends. We also need to have information on likes and preferences of our customers and users to perform a better analysis of our advertising campaigns, promotions and sales. You can consult and obtain more information about our service providers by accessing our Cookies Policy, from where you can also configure or reject the obtaining and processing of this data from our part.



WHAT IS THE LEGITIMACY FOR THE PROCESSING?

The legal basis for the processing of your personal data is determined, according to each purpose, in accordance with the following specification:

PURPOSE

LEGAL BASIS

To manage the customer and user registration and identification

It is necessary to process your data to manage your customer or user account, otherwise the service can not be provided. We have a legitimate interest in this processing, as well as for security reasons, for the protection of rights and freedoms, for the crime prevention and for the exercise of legal or other actions.Remember that you are the one who decides to register and provide us with your personal data, so the legal basis of the processing is also covered by your voluntary consent.

To perform and execute a purchase and sale contract

We have a legitimate interest in this processing, in addition to the fact that it is necessary for the performance of a contract. Likewise, we have legitimate interest in the processing of data for the exercise of legal or other actions that may arise from the performance and execution of contracts.

To detect payment fraud and illicit purchases

We have a legitimate interest in detecting and preventing potential payment fraud and illicit purchases.

To issue receipts and invoices for purchases you have made

Because of legal obligation, we need to process the data of a transaction (invoices and receipts) and store them for the term established by law, and we must also require the performance of a contract for the issuance of documents that allow us to verify the completion of a transaction with us.

To manage interaction and browsing activity on our website and app

We analyze browsing data based on a legitimate interest to ensure the security and safety of your interaction with us and to improve all our services through the web and the app. Geolocation data and data for managing product deliveries are processed on the basis of your consent.

To be used for commercial and marketing purposes

The legitimate basis for the processing of your data for these purposes is the consent you give us.

To handle requests through customer service channels

The legal basis for data processing in order to attend and manage your requests, complaints or claims through our customer service channels, as well as to address any concerns you may have through the communication channels made available to our customers and users is in the performance of a contract, and it is also necessary to invoke our legitimate interest. When the processing is related to the exercise of rights, the processing is legitimized by the performance of legal obligation.

To analyze online behavior

We have a legitimate interest in analyzing the browsing habits and customer and user satisfaction in order to offer a better service. Moreover, you also give us your consent to this processing, and we inform you that you can configure and reject this type of processing at any time by accessing our Cookies Policy.



DATA RETENTION TIME

We will process the data in accordance with the established purposes:

PURPOSE

RETENTION TIME

Customer and user registration and identification

We will process the data until you unsubscribe.

Purchase and sale contract performance and execution

We will process the data for the time necessary for the management of your purchases and after-sales service (e.g., returns or claims related to the product). Your payment details will be processed until you decide to delete them.

Payment fraud and illicit purchases detection

We will process this information for the time necessary to pursue the detected frauds and the exercise of legal actions.

Receipts and invoices for your purchases

This information must be stored for the time required by law.

Management of interaction and browsing activity on our website and app

We will process the data for the time necessary to manage and analyze the interaction and browsing activities, or until you decide to delete it.

Marketing and commercial activities

We will process your data until you decide to unsubscribe from our newsletter. Data relating to promotions and events will be processed for the time we deem appropriate or until you decide to delete it.

Customer Service

We will process data related to claims, requests, applications or the exercise of rights for the time required by law or, in the case of administrative or legal actions, the time necessary for us to store the data after the proceeding has been completed.

Online behavior analysis

We will process the data for the time necessary to perform this type of analysis or until you decide to delete it.

Administrative and/or legal actions

We will process data relating to these actions for the duration of a proceeding and for the time we are required to store it after the proceeding is completed.



WHO ARE THE RECIPIENTS OF YOUR DATA?

For the purpose of complying with the services and functionalities of our website and app, it will be necessary for some of our suppliers to access some of the personal data collected. For reasons of our internal management and to better serve our customers and users, some of our service providers may be located outside the European Economic Area. Any data transfer will only be made on the basis of appropriate technical and organizational guarantees comparable to the level of protection existing in the European Economic Area and on the basis of requiring "standard contractual clauses" approved by the European Commission. NIGH undertakes to select service providers that offer and guarantee the indicated levels of protection and to maintain the data confidentiality. NIGH will not communicate, sell or allow access to your personal data to unauthorized third parties.

We may also share your personal data with the entities that make up the NIGH group of companies and with our partners and collaborators to comply with the purposes indicated in this policy and, in this way, to be able to offer you all our services, products and the benefits of our club and loyalty programs.

By accepting this privacy policy you authorize NIGH, expressly and unequivocally, to communicate your data to third parties, knowing and accepting that this may also involve an international data transfer to a non-EEA country.

We provide a non-exhaustive list below of entities to which we may transfer some of your information:

  • Financial institutions for the collection management of a transaction.
  • Fraud detection and prevention organizations.
  • Group companies.
  • Partners and collaborators to manage the offer of our services, products and benefits of our club.
  • Technology service providers.
  • Logistics, transportation and product delivery service providers and partners.
  • Marketing, advertising and event management service providers.
  • Customer service providers.
  • Public administrations and agencies when required.
  • The Spanish State Security Forces and Bodies.
  • Mediation and arbitration bodies and the appropriate courts of law.

You are informed that our services include certain social media features and widgets, such as the "Connect with Facebook" or "Sign in with Google" features, the Facebook "Like" button, the "Share" button or other usual social media interactive mini-programs. These Social Networking Features may collect information such as your IP address or what page you are visiting on our website or app and may set a cookie to enable them to function properly. Social networking features are not hosted by a third party or directly on our services. We inform you that your interactions with these third parties are governed by their own policies and not ours, being NIGH exonerated from any responsibility regarding the collection and processing of your data by these third parties. We recommend you consult the Privacy Information of these third parties by clicking on the following links:

WHAT ARE YOUR RIGHTS?

Our commitment is to maintain and guarantee the confidentiality and security of the information and data you have provided to us. Our commitment is also to faithfully comply with the provisions of the GDPR, and for this purpose we provide you with the following email address to which you can address for the exercise of your rights: info@nighshop.com. In order to prove your identity, we may ask you for a copy of your ID card, passport or any other document that can be used to verify your identity. We may withhold your request and even deny it if you do not properly prove your identity, in order to ensure the security and confidentiality of the information. Regardless of the legal basis and the purpose of the processing of your data, you can exercise the rights that are mentioned below:

RIGHTS

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Access

You may ask us what information we hold about you, for what purposes we process it, how long we store it, and whether automated decisions, including profiling, are made. You also have the right to have a copy of the information we hold about you.

Rectification

You may request the rectification of the data we already hold about you. Remember that in the registration process you provide us with your data and guarantee that all the information you provide is truthful and accurate, so we are not responsible for any errors that we may make in relation to inaccurate data provided by you. In any case, you can request the rectification of inaccurate data and if you are a customer or registered user, you can modify and update your data through your own account.

Deletion

It is the right to be forgotten (RTBF). NIGH has no reason to hold the data once it is no longer needed for the purpose for which it was collected. We will delete all your data after the expiration of the period that no longer complies with the purposes for which it was processed. In the event that the processing is legally based on your consent, you have the right to revoke it and to request the deletion of the data at any time.

Restriction of processing

In certain cases (e.g., contesting the accuracy of your data, illegitimacy of the processing, for example), you may ask us to restrict the processing of your data, which means that we will temporarily suspend the data processing or hold it for the purpose of establishment, exercise or defense of legal claims.

Portability

Where the legal basis for our legitimacy is your consent or the execution of a contract, you may request the portability of your personal data, which means the right to receive the data you have provided to us in a structured, commonly used, machine-readable format and to transmit it to another controller, where technically possible.

Objection

You have the right to opt-out of data processing when the data processing is based on NIGH's legitimate interest. Including the right to object to profiling. At your request, we will no longer process your data, unless we can demonstrate compelling legitimate grounds for the processing (e.g., compliance with a legal obligation) which override your interests, rights and freedoms, or are necessary for the establishment, exercise or defense of legal claims.



In order to ensure that the exercise of your rights is as effective as possible, please remember to specify in your request which right you are exercising.

We inform you that you have the right to file a claim with the control authority, the Spanish Data Protection Agency (AEPD, Spanish: Agencia Española de Protección de Datos) where you can find more information about how to file a claim and your rights on its website. www.aepd.es.

PROCESSING OF THIRD PARTY DATA

NIGH may process third party data provided by the customer or user. In this case, customers and users guarantee that they have informed and obtained the consent of such third parties for the processing of their personal data by NIGH. You also guarantee that we have informed these third parties of their rights regarding data protection, and that they may contact NIGH to exercise their rights, attaching a document proving the identity of this third party.

In those cases in which personal data are provided by persons with parental authority or legal representatives of incapacitated persons, they will be the ones who authorize the collection of data and its use and processing by NIGH for the purposes described in this Privacy Policy.

INFORMATION SECURITY

NIGH guarantees to implement the appropriate technical and organizational security measures for ensuring an appropriate level of security according to the risk that may arise from the processing, in order to ensure the security and integrity of the information and personal data processed and thus prevent its alteration, loss, unauthorized access or processing, in view of the state of technology, the application costs, the nature of the data stored, the processing scope, the risks to which they are exposed and the impact that this could have on the rights and freedoms of natural persons, whether arising from human action or from the physical or natural environment, thus complying with the requirements of current regulations. Nevertheless, you are aware and accept that Internet security measures are not absolutely infallible and impregnable.

CHANGES IN THE PRIVACY AND COOKIE POLICY

We reserve the right to modify the Privacy Policy and Cookies Policy at any time. In the event of a change, we will inform you in different ways through the web and the app (e.g., through a banner or a pop-up) and/or email you when it has a special impact on your privacy so that you can review the changes and, if necessary, unsubscribe from any service or functionality. We recommend that you regularly review our Privacy Policy and Cookie Policy for any minor changes or technical improvements, as this information will be permanently available on our website and app.

INFORMATION ABOUT COOKIES

We use our own and third party cookies to improve our services and functionalities, produce statistical data and analyze browsing habits. Please see detailed information about Cookies Policy of NIGH by clicking on the following link.