PAINT NITE® PRIVACY POLICY

This Privacy Policy was last updated on September 21, 2016.

This Privacy Policy (“Policy”) sets forth the privacy policies that apply to your use of HTTP://WWW.PAINTNITE.COM or any of our other websites (collectively, the “Site”) and any other services or products and any related software applications (collectively, the “Service”) offered and/or operated by Paint Nite, LLC (“Paint Nite” or “we” or “our” or “us”). By visiting our Site or otherwise signing up for and/or using our Service, you are subject to these privacy policies. Paint Nite is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. This Policy outlines the type of information that we collect and receive from you while you are using our Site or other Service. Additionally this Policy identifies the ways in which we process, and sometimes share, such information and what controls and choices you have with regard to the collection and use of your personal information. Please review this Policy carefully, especially before providing any personal information through our Site or other Service. Our Site and Service are operated in and controlled from the United States of America. If you have any questions about this Policy or don't see your concerns addressed here, please use the contact information provided at the end of this Policy to contact us.

What this Privacy Policy Covers: The practices described in this Policy only apply to the following:

  • Information collected online on this Site.

What this Privacy Policy Does Not Cover: This Policy does not cover any of the following:

  • Information you give to us offline, for example when you send a letter to our business address or leave a message on our voicemail system.

This Policy will be posted on this Site for your review and from time to time as part of registering or providing information in connection with this Site or other Service, we may provide you with a short notice reminding you to refer to this Policy and other relevant information from us when using our Site or other Service.

PLEASE REVIEW THIS POLICY AND THE TERMS OF USE FOR THIS SITE AND/OR SERVICE CAREFULLY. YOUR USE OF THIS SITE AND/OR SERVICE SIGNIFIES YOUR AGREEMENT TO THIS POLICY AND THE PAINT NITE TERMS OF USE.

  1. WHAT TYPES OF INFORMATION PAINT NITE COLLECTS Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and to improve your experience of using our Site or other Service. In order to do so, we collect the following types of information:

  2. Personally Identifiable Information. Personally identifiable information is any information that identifies a living individual, such as your first and last name, mailing address, phone number, mobile phone number email address, photograph, credit/debit card number and expiration date (or other payment-method information), website cookie, login ID, member name and password and other information about a specific individual that identifies the individual (“Personally Identifiable Information”). When you sign up for or use the Site or other Service, Paint Nite collects some amount of Personally Identifiable Information from you. Unless stated otherwise at the point of collection, we will treat any such Personally Identifiable Information that you submit about other people in accordance with this Policy.

2. HOW PAINT NITE USES INFORMATION

  • Personally Identifiable Information. We will use your Personally Identifiable Information for the purposes for which it was provided. For example, Paint Nite may use your Personally Identifiable Information to notify you of changes to the event for which you registered, to let you know about special opportunities and other events you may be interested in, and to request your participation in surveys or other promotions. All of our newsletters and other general email marketing communications also include an ‘unsubscribe’ opt-out link that you may use to ask that we discontinue such emails to you.

  • Aggregate Information. Paint Nite also combines your usage information for the Site or other Service with that of other users (“Aggregate Information”) to determine which features and areas of the Site or other Service are most popular. By collecting and analyzing this data, Paint Nite can improve the Site or other Service.

  • Interest Based Advertising. Paint Nite will show you ads based on information that we, or agencies that Paint Nite utilizes, have collected or received about your activities and interests based on your online activities. Paint Nite also does not target ads to users based on sensitive health data, including cancer, mental health-related conditions, and sexually-related areas. If you don’t want to receive interest based advertising you can OPT OUT.

    Paint Nite has relationships with several social networks and new tech companies that have specific Interest-Based Ads programs. You can manage your preferences for many of these programs through the links provided below:

  • Cookies, Web Beacons, and Other Similar Technologies.

Our Site uses “cookie,” “web beacon,” and “tag” technology. We use cookies, web beacons and tags to identify your device, provide website user authentication, conduct fraud prevention and management services, distinguish you from other visitors, record your IP address and understand your use of our site, and identify the name of the Web site from which you linked to Paint Nite. This information is used for fulfilling contracts with our business partners, and to help us serve you better by improving our website design, as well as our products, services, and promotions. We do not otherwise track any information about your use of other websites. Information obtained through cookies, web beacons and tags may be shared with or obtained by service providers on our behalf. A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. Web beacons and tags are small strings of code that are used in conjunction with a cookie and that allow us to record activity on the Site.

When you visit the Site, we may use both a session and a persistent cookie. This Paint Nite-placed cookie may contain information (such as a unique user ID) that is used to track your usage of our Site and in some cases, your email address. Your email address is only saved in this Paint Nite-placed cookie if you register with us. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a web site, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the web beacon is placed, and details about any items that were purchased. If you register with us, this Paint Nite-placed cookie allows us to recognize you when you return to our website and provides you with access to your account information. If you save your information with or order from us, we may also use cookies to monitor and maintain information about your use of our Site. If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our Site in a manner that does not identify you. You can disable cookies at any time by using your browser options; however, if you turn off cookies, we will not be able to track your order or enable you to make a purchase from our Site. In addition, we will not be able to recognize you as a registered user to allow you access to your account information. We may use flash cookies (also known as local stored objects) or other similar technologies. A flash cookie is a small data file placed on a computer using Adobe Flash technology that may be built into your computer or downloaded by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our Site visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. We do not use flash cookies for marketing or behavioral targeting purposes. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove flash cookies. If you disable flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

3. DISCLOSURE OF INFORMATION TO THIRD PARTIES

  • Social Media Plug-Ins and Sharing with Other Sites You May Authorize. Social media plug-ins of social networks, which may include, but are not limited to Facebook, Twitter, Tumblr and Pinterest, may be integrated into our Site and other Services. Where our Site or other Service contains a plug-in to a social networking site, these are clearly marked (i.e. with a button). If you choose to click on one of these buttons or links, you browser will connect directly to the servers of the relevant social networking site. The social media network directly transmits the content of the plug-in to your browser. Paint Nite assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from Paint Nite.

4. THIRD PARTY ADVERTISING AND LINKS TO OTHER SITES

  • Internet Advertising Programs. We use third-party service providers to serve advertisements (banners or links) on our behalf across the Internet. These advertising service providers may collect non-identifiable information about your visits to our website, and your interactions with our products and services. Such non-identifiable information does not include your name, address, email address or other personal information. The information is collected through the use of cookies and pixel tags (also known as action tags), which is industry-standard technology used by most major websites.

  • In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from Paint Nite. Currently, we use third party-placed tracking pixels and cookies. In the future we may partner with companies to provide interest-based advertising, both on and off paintnite.com. If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please contact Paint Nite at the address listed below.

  • Third-Party Platform Advertising. We may also use platforms provided by companies such as Facebook and Google to offer you interest-based ads. These platforms allow us to personalize the ads that we display to you. We do not share any of your personal information, including your shopping history, with these platform vendors. Paint Nite may convert your email address into a unique value which can be matched by our partner company with a user on their platform to allow Paint Nite to serve you interest-based advertising. Although we do not provide any personal information to these platform vendors, they may gain insights about individuals who respond to the ads we serve.

    Paint Nite does not control the privacy policies of third parties that have Web sites linked to the Site. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. Paint Nite assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third-party Web sites you link to.

5. GUIDELINES REGARDING CHILDREN (COPPA)

  • Paint Nite is not designed or intended for use by persons under 21. At various places on the Site or other Service, we may ask users for their age. Persons under 21 are expressly prohibited from submitting any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a person under 21, we will take appropriate steps to delete it.

6. HOW WE PROTECT AND SECURE YOUR INFORMATION

  • We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss, which is beyond our control. While we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any Personally Identifiable Information you transmit to us. Any transmission is done at your own risk. Accordingly, Paint Nite assumes no responsibility or liability for disclosure of your information (Personally Identifiable Information or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Paint Nite's reasonable control.

7. APPLICABLE LAW

  • We control and operate the Site and any other Service from the Commonwealth of Massachusetts in the United States. The interpretation and application of this Privacy Policy shall be governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. This Site or other Service is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States and the Commonwealth of Massachusetts. Please note that we do not represent or warrant that the Site or other Service is appropriate for use in any particular jurisdiction. Those who choose to access the Site or other Service do so at their own initiative and are responsible for complying with all local laws, rules and regulations. If you are located in a country outside the United States and submit personal information to us, you are consenting to the transfer, processing, storage and use of that information in the United States as provided in this Policy.

8. YOUR CALIFORNIA PRIVACY RIGHTS (California residents)

  • California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at info@paintnite.com

9. ACCEPTANCE OF THIS PRIVACY POLICY

  • When you use the Site or other Service, you are accepting the terms and conditions of this Policy, and Paint Nite will have the right to use your Personally Identifiable Information or other information about you as described in this Policy. If you do not agree to have your information used in any of the ways described in this Policy, you must not use the Site or other Service and you must follow the opt-out provisions above. If you have questions or concerns about this Policy, please contact Customer Support or write to Paint Nite at the contact address listed below.

10. CHANGES TO THIS PRIVACY POLICY

  • From time to time, we may revise this Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. You can determine when this Policy was last revised by referring to the ‘Last Updated’ legend at the top of this page. Any changes to this Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. By continuing to use the Site or other Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, please do not continue using the Site or other Service. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Policy being deemed illusory or unenforceable.

11. TERMS OF USE

  • Your access to and use of the Site or other Service is also subject to the Terms of Use, and the extent not in conflict with the Terms of Use, this Policy is governed by and in addition to said Terms of Use.

12. CONTACT INFORMATION

Paint Nite LLC, 230 Somerville Ave., Somerville, MA 02143