NIOLY, LLC - PRIVACY POLICY

LAST MODIFIED DECEMBER, 2023




1. Introduction; Information Collection & Use.

Nioly, LLC’s, (“Nioly”) Privacy Policy, as contained herein, explains largely (i) what information we collect from you, (ii) with whom its shared, and (iii) how it is used. This policy supplements and complements Nioly’s Terms of Use (“TOU”) The Privacy Policy also explains your rights concerning controlling your information when using Nioly’s site/app and/or services.

Please note that this policy is only applicable to information used, collected, and disclosed by Nioly LLC and its affiliates or any third-party acting with our authorization or otherwise provided to us by a third-party about you, in each instance, with respect to your access to and use of the Services, whether as visitor, user, or Venue, and whether offline or online, through (i) your interaction with our products and services, (ii) our website, (iii) our-cellphone/mobile, tablet, web, desktop and other applications, or (iv) any of the analytics content, services, Nioly’s social media/network services and any other applications, content, information, features, functionality, and services offered by us whether through our App(s), the Sites or otherwise (each of the above individually and collectively referred to herein as the “Services”).

Be advised that in circumstances where you have provided your personal information to third parties, including but not limited to marketing companies, service providers and advertisers and and have provided consent, we may obtain such personal information and combine it with your Information (as defined herein) and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

Note that this Privacy Policy will remain in full force and effect, even if your use and/or participation in the Services terminates, expires, suspended or otherwise deactivated for any reason whatsoever. You agree and understand that the collection and/or use of your information as described in this Privacy Policy is based on your unconditional and voluntary consent or on our contractual obligations to you.

Personal and other information about you is collected when you visit our Sites or use our Services. The information and data we may process (i.e. collect, use and store) depends on your interaction with us. When processing Information we will either rely on our legitimate interest or our need to perform under a contract to process your information or you will be asked affirmatively consent to our collection and use of Information in accordance with the terms and conditions of this Privacy Policy. The key types of Information that we may process include the following:

Registration and Account Information: In order to access and use certain content, features and functionality of the Services, Nioly requires that you create an account and provide and/or make available (e.g., via third party services) to us certain Information such as your email address, your name, and location. we also may request access to your contacts stored within your Device to help you find your friends on the Services. If you do not use your email to register, you may register to use our services via Facebook or another third party platform as indicated. The Information we collect from these thirds parties during registration includes your profile picture, age range, and gender in order to generate your user profile. We collect only the Personal Information necessary to provide the Services and to provide you with a more customized and relevant experience.

Location Information: we ask your permission to collect location-based information from you or your Device, including your IP address, zip code, city, country, time zone, etc. Your location is used to personalize the content you receive and/or see within the Services. We may also collect other information based on your location.

If you agree to allow access to your location, you agree that we and our service providers may collect such location-based information from your Device. We may use and share that location-based information with third parties to market, deliver, and promote the content, products, services, features, and advertising that are available through the Services.

Of course, should you no longer wish to have this location information collected and used by us, you may “opt-out” by disabling the location and Bluetooth features in the operating system of your Device and/or in our App.

Information Obtained via Cookies: The Services and/or third parties may use “cookies” - small data files containing information about you that is stored on your device -, “embedded scripts”, and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Additional Information automatically as you interact with the Services.

3rd Party Platform Information: If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials from third parties like Facebook, and/or integrate your Nioly account with your Third Party Platform account, we may collect information about you from the Third Party Platform, such as your email, username, and other information you provided to the Third Party Platform in connection with your account (email, name, country, date of birth, connections, user posts, profile picture, and event page visits, credit card, and gender). We use this information to further enhance your user profile and experience. If you do not connect or disconnect your account to a Third Party Platform, that may limit our collection of certain Information about you, which may limit your ability to use certain Services on the app/site.

Personal Information You Elect to Provide Relating to Additional Services: Nioly may also collect Personal Information that you elect to provide to us when you choose to participate in optional services and/or features.

3rd Party advertising: Nioly may also use a variety of third parties, including advertising networks, analytics firms, data exchanges, traffic measurement service providers. Such third parties may serve advertisements on the Services, populate user-specific advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such Third Party Advertising Providers may enable us to showcase advertisements based on your use of the Services and other websites, services and platforms you have visited or used. These Third Party Advertising Providers may utilize their own tracking technologies to collect data. Nioly does not control these Third Party Advertising Providers and/or their use of Tracking Technologies, which is instead governed by their respective privacy policies.

Nioly may use your Information for various reasons per this Privacy policy and/or as permitted by data protection laws. Note that the legal bases outlined below are required to be included under EU data protection laws, but are not required to be included if you do not reside in the EU:

*To fulfill our contractual obligations under an existing and/or anticipated agreement including to provide any services or products that you request or purchase in connection with the Services; to enforce your legal rights under an agreement; and to provide you with cost estimates.

*To meet and fulfill our legitimate business interests, including: to contact you regarding the administration of any features or functions of the Services;to market and promote the Services, including promotions and other initiativesand sending marketing e-mails and correspondence; to respond to your questions, comments, complaints, requests and other communications; to track your return visits and use of the Services and to save your User Account, registration and profile data or other Information in order to tailor your experience with the Services, customize what you see when you use the Services, and save user credentials so you do not to have to re-submit such data each and every time you use the Services; to manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance; to grow our business; to get to know our potential and existing clients, users, and customers; to develop new products and/or services, or personalize the Nioly App; to accumulate and report aggregate, statistical information in connection with the Services and user activity, or to provide reporting for clients,business partners, agents, etc.; and to determine which features and functionality of the Services users prefer or conversely dislike to help us improve services.

*With your consent, including: to display advertising and marketing information based on your use of the Services and other websites, services and platforms you have used/visited; to find & connect with your friends and tell them about your activities on Nioly; to provide information/marketing materials about our other products and services and the services and products of unaffiliated businesses;to provide personalized services offered by us on third-party websites and online services; and deliver products, content, and services available to you through the Services based on your location; and to allow you to connect with others who use our Services. You can withdraw your consent at any time as provided below.

*To comply with our regulatory or legal obligations, to enforce our legal rights or comply with legal processes, including: to detect and prevent fraud or infringement of our or third party’s rights, meet reporting requirements (e.g. tax), to retain documents/data relating to legal action, to enforce the TOU, and to report any data breaches and/or violations.

It is our ongoing effort to improve the Services and customize the user’s experience. We take your privacy very seriously and will not share your Information with others except in the following circumstances:

  • User Requests: If you decide to use certain sharing features available on the Sites or via the Services, we may use your Personal Information to address your request and/or provide access to such 3rd parties (e.g. Facebook).
  • With Your Consent: We will obtain consent from you prior to enabling your use of any location-based services. If you reside in the EU, we will obtain consent from you prior to sharing your Personal Information with third parties for their marketing purposes if we are unable to rely on our legitimate interests in doing so.
  • User Connections & Friends: We may disclose your Personal Information with your connections and friends on Nioly if you inform us you want to share such information and your activities on Nioly, all in accordance with the preferences you set in your account.
  • Related Entities: We may disclose your Information to other group entities that are affiliates and/or subsidiaries or parents of Nioly in order to provide you with tailored products, services and communications or in accordance with our internal policies or administrative or business practices.
  • 3rd Party Service Providers: We may share Information with select service providers who are working with us in connection with the operation of the Services. These service providers may temporarily store Information on their separate servers, but may only use your Information in connection with the specific services they are providing. We request that service providers maintain commercially reasonable standards of confidentiality as well as security and must agree to keep such Information secure and confidential in line with this Privacy Policy. Notwithstanding, Please be advised that we are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
  • Corporate Transactions: We may disclose your Information in connection with, or during negotiations of, any sale of company assets, financing or acquisition, merger, or in any other situation where Information may be disclosed or transferred as one of our business assets.
  • As required by Law, Regulations, and Rules: We may share or disclose your Information when we believe in good faith that we are lawfully authorized and/or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes. Examples of these purposes include: to respond to requests from public, governmental, legal and regulatory authorities, to comply with court orders and subpoenas, to obtain legal remedies or limit our damages, to enforce this Privacy Policy or the Terms of Use, to protect against fraud or for risk management purposes, and to protect the safety, rights, and/or property of you or others.
Opting Out & Disabling Features.

You may request that we delete your Information and/or your account, or opt you out of receiving marketing and promotional e-mails from us, by emailing us your request, which will be processed without unreasonable delay. Nioly will take steps to delete your Information as soon as is practicable, but some Information may remain in archived/ backup copies pursuant to our legal obligations or as otherwise required by law. The App and the operating system settings in your Device will also present you with the option to disable certain features which allow it to collect and use certain Information from your Device, including location-based information. If you do not wish to have location-based information collected and used by our service providers or us, you may opt out by disabling the location features on your Device. Please note that if you disable such features, you will not be able to access or receive some or all of the services, products, content, and/or features made available via the App.

If you are an EU citizen or reside in the EU, you may have certain additional rights with respect to the Personal Information you provided to us. To the extent permitted by applicable data protection laws, you may:
  • Access or modify your Personal Information;
  • Object, on grounds relating to your particular situation, at any time to the processing of your Personal Information if the legal ground we are relying on is our legitimate interest or in the public interest;
  • Request that your Personal Information be erased if it is no longer necessary to be retained for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such Personal Information and we meet no other legitimate basis for such processing or it has been unlawfully processed;
  • Restrict the processing of your Personal Information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it;
  • Under certain circumstances, have your Personal Information transferred to another company;
  • Withdraw any consents that you have previously provided to allow us to process your Personal Information; or
  • Stop receiving our marketing communications. If you opt out of marketing emails you will continue to receive messages from us about your relationship with us where permitted by law.

If you wish to exercise any of these rights please contact us at niolymanager@yandex.com. Please note that some requests may require you to verify your identity.

When you use our Services, visit our app/site, or visit a third-party website for which we provide online services, we and our business partners may use tracking technologies to recognize you as a return/repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and prevent potential fraud, and promote trust and safety across the Sites and the Services. Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible.

Retention of Personal Information
Nioly accesses, retains, stores and use Personal Information for the least amount of time necessary pursuant to our relationship with you (e.g. to provide you with or access to our services), in accordance with our policies and applicable law. We do not collect more Personal Information than is necessary to fulfill our obligations to you, as required by law or for the purposes stated in this policy.

Security; Children,
We maintain and have implemented security safeguards to protect the Personal Information submitted and collected, stored and used. However, no method of transmission is completely secure – so we cannot guarantee its absolute security. You should take steps to protect your account and Personal Information including by choosing a strong password and keeping such password entirely private, and logging out of your account when you are finished using it ensuring the password and login are not left accessible to others. Nioly is not responsible for protecting any Personal Information that it shares with a third-party based on an account connection that you have authorized. Nioly will not be responsible whatsoever for any damages including but not limited to actual or consequential damages that result from any lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.
Nioly’s Sites and Services are not directed to children under the age of 16. We do not knowingly collect Information from children under the age of 16. If we obtain actual knowledge that we have collected Personal Information from someone under the age of 16, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected information from someone under the age of 16, please contact us at niolymanager@yandex.com

California minors under 18 may request removal of any information that they posted to services by contacting niolymanager@yandex.com which will be promptly removed unless required by law to be retained.

International Transfers of Personal Information
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our subsidiaries and affiliates, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area (“EEA”) and Switzerland. If you download, interact with and/or otherwise use the Services from a location outside the U.S., please be advised that any Information you provide, or that is collected by us from Third Party Platforms, in connection with any such activity may be processed in and/or transferred to the United States and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you download, interact with or otherwise use the Services. If you are an EU citizen or resident in the EU, we will transfer your Personal Information to the United States in accordance with EU data protection law requirements by using model contractual clauses that have been approved by the European Commission or other appropriate means. Please note that such transfers may also be necessary in order to perform our obligations under a contract with you, to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent. If you make transactions with parties outside the EEA or Switzerland or connect our Service with platforms, such as Facebook, outside the EEA or Switzerland, we are required to transfer your Personal Information with those parties in order to provide the requested Service to you. If you wish to gain more information about such transfers, please contact us at niolymanager@yandex.com

Links to Third Party Companies
The Services may be linked to or connected with third party websites, apps, services and platforms operated by other companies, The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices or the content of such third-party services. Any information you provide via those services is subject to the applicable privacy policies of such third-parties.

Privacy Policy Changes
From time to time, we may modify this Privacy Policy and such modifications shall be effective upon posting. Your continued use of the Services after we post a revised Privacy Policy and, where appropriate, notify you of same signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.

California Privacy Rights
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at niolymanager@yandex.com All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. Nioly is not responsible for notices that are not labeled or sent properly, or do not have complete information.