This website is owned and operated by Nitehawk Brooklyn LLC, 136 Metropolitan Avenue, Brooklyn, New York, 11249  (“Nitehawk”).

Nitehawk (individually and collectively, “Nitehawk,” “We,” “Our” or “Us”) is committed to protecting Your privacy and this Privacy Policy sets out our privacy practices. Please take the time to review this Privacy Policy carefully as it tells You how Your personal information will be treated by us.

By using any Nitehawk website (a “Site”) and our services (“Services”), You unconditionally agree to be bound by this Privacy Policy. Nitehawk wants to offer You the best possible Internet experience. Consequently, additional functions, features, products or services are incorporated into the Nitehawk’s Site from time to time.   For convenience, the words “user,” “You” and “Your” as used in this Privacy Policy refer to users of the Site.

For the purposes of this Privacy Policy, “Personal Information” is information that (i) You provide to Nitehawk and (ii) personally identifies You. Personal Information includes Your name, email and postal address, billing, credit card and banking information, telephone numbers and other data that can be used to personally identify or contact You.

This, and our commitment to protecting the privacy of Your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments. Any questions regarding our Privacy Policy should be directed to Nitehawk’s Privacy Policy Manager (see the section “Contacting us” below).

THE INFORMATION WE OBTAIN AND MANAGE

The Personal Information that the Nitehawk may collect from You and/or manage includes, but is not limited to:

• Your name;
• Contact information such as email and postal addresses and telephone numbers;
• Credit card and banking information; and
• Purchasing activities.

Except as otherwise provided in this Privacy Policy, Nitehawk will store all information provided by You in its secure data servers during the time You subscribe to or otherwise use Nitehawk products and/or services, and for a period of at least three (3) years after the end of such term. Nitehawk uses commercially reasonable efforts to ensure that such information is secure and to protect against its loss, misuses, and alteration of the information under Nitehawk’s direct control. Notwithstanding the foregoing, Nitehawk cannot guarantee that its security measures will prevent its computers from illegal or otherwise unauthorized access.

HOW WE OBTAIN THE PERSONAL INFORMATION

Nitehawk may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:

• Information that You provide to Us when You initiate communications with Us,  subscribe to Our newsletter, respond to a survey published by Us, subscribe to or use the Services, or purchase goods and services from Us;
• Your responses to communications from Nitehawk. From time to time, Nitehawk may communicate with You through email, postal mail or other forms of electronic communications regarding Your purchases of goods and services from Us and the Site. If You respond to these communications, Your responses may contain Personal Information; and
• Third parties to whom You have provided Your Personal Information and have consented to those third parties sale, rental or transfer of such Personal Information.

You can decline to provide Your Personal Information to Nitehawk by not engaging in the activities described above. If You decline to submit Personal Information, Nitehawk may not be able to or may choose not to provide to You some or all of the features available on the Site or some of the products or services that it offers.

This, and our commitment to protecting the privacy of Your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments. Any questions regarding our Privacy Policy should be directed to Nitehawk’s Privacy Policy Manager (see the section “Contacting us” below).

WHY DO WE COLLECT AND USE PERSONAL INFORMATION?

In order to:

1. Administer Your accounts and subscriptions with us;
2. Process orders, payments or applications submitted by You;
3. Customize the services we provide to You;
   1. Administrate or otherwise carry out our obligations in relation to any agreement You have with us including Your subscription to our newsletter;
   2. Anticipate and resolve problems with any goods or services supplied to You;
   3. Carry out market research and tracking of sales data;
      1. Send You information about products and services (if You have chosen to receive such information);

We need to collect and process personal information about You.   We may ask You for this information through our Site or when You subscribe to our newsletter when You visit Nitehawk Cinema.  Certain information is collected automatically, as described later in this Privacy Policy.

Although we do not make it compulsory to give us every item of information we ask for, the more information You volunteer (and the more accurate it is), the better we can tailor our services for You.

Nitehawk restricts access to Personal Information to those employees, contractors and agents of Nitehawk who need to access Personal Information for the purposes specified above. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

LOG FILES/IP ADDRESSES

When You visit our Site, we may automatically log Your IP address (the unique address which identifies Your computer on the internet) which is automatically recognized by our web server. We use IP addresses to help us administer the Site and to collect broad demographic information for aggregate use.

NON-PERSONAL INFORMATION

We may automatically collect non-personally identifiable information about You such as the type of Internet browser You use, the location website from which You linked to our Site, Internet Protocol address, browser language, the date and time of Your request, date and time of access and referrer Uniform Resource Locator. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Site. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Site with information relating to the number of users linking to our Site from their sites. You cannot be identified from this information.

INFORMATION PLACED ON YOUR COMPUTER

When You interact with our Site, we try to make that experience simple and meaningful. When You visit our Site, our web server sends a cookie to Your computer.  Cookies are small pieces of information which are issued to Your computer when You visit a Site and which store and sometimes track information about Your use of the Site.  A number of cookies we use last only for the duration of Your web session and expire when You close Your browser. Other cookies are used to remember You when You return to the Site and will last for longer.

For example, cookies ensure that You do not need to re-enter Your details every time You visit our Site.

You can erase or block cookies from Your computer if You want to (Your help screen or manual should tell You how to do this), but certain services on the Site may not work correctly if You set Your browser not to accept cookies.

We use cookies to:

• Remember that You have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
• Collect anonymous statistical information about how You use the Site (including how long You spend on the Site) and from where You have come to the Site so that we can improve the Site and learn which parts of the Site are most popular with visitors;

Some of the cookies used by our Site are set by us, and some are set by third parties who are delivering services on our behalf.

Most web browsers automatically accept cookies but, if You prefer, You can change Your browser to prevent that or to notify You each time a cookie is set.  You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on our Site, You may not be able to take full advantage of our Site.

In addition to cookies, tracking Gifs may be set by us or third parties in respect of Your use of the Site. Tracking Gifs are small image files within the content of the Site or the body of our newsletters so we or third parties can understand which parts of the Site are visited and whether particular content is of interest.

IMPROVING OUR SERVICE

If You have agreed that we can, staff from Nitehawk, or from our agents, may contact You from time to time by e-mail or by telephone in order to get Your views and comments on the service we provide to You.

DISCLOSING YOUR INFORMATION TO OTHERS

Except as otherwise set forth herein, Nitehawk does not share Your Personal Information with third parties without Your consent, except when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce Nitehawk’s Terms of Service. In such circumstances, Your Personal Information may also be disclosed to Nitehawk’s attorneys.

If Nitehawk desires to use Your Personal Information for any purpose other than those described in this Privacy Policy, Nitehawk will request Your consent prior to such use and offer You an effective way to opt out of the use of Personal Information for those other purposes. If You opt out or otherwise decline to submit Personal Information in response to such a request, Nitehawk may not be able to provide to You some or all of the features available on the Site.

KEEPING OUR RECORDS ACCURATE

We aim to keep our information about You as accurate as possible. If You would like to review or change the details You have supplied Us with, You may do so at any time using the Contact Us page on the Site. If You have another query relating to Your information, please contact us as set out below.

THIRD PARTY SITES

We cannot be responsible for the privacy policies and practices of other Sites even if You access them using links from our Site and recommend that You check the policy of each site You visit.

“CONTACT US” INFORMATION

If You communicate with Us using the means described in the “Contact Us” section of the Site, We may ask You for Personal Information such as Your name, email address, or phone number. If You are contacting Us with respect to a customer service issue, we may use the Personal Information that You provide to contact You in order to resolve that customer service issue. If necessary to resolve Your customer service issue, the Personal Information that You provide to Us may be shared with third parties in order to resolve the issue. Please understand that by providing such information in connection with a customer service issue, You are giving Your express consent for Us to use Your Personal Information to contact and communicate with You and, if necessary, third parties, regarding that customer service issue.

THIRD PARTY INFORMATION

Nitehawk may collect or purchase information from third parties regarding persons who provided information to those third parties. Information provided to Us by the third party may include, but not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided to the third party. Nitehawk uses its reasonable best efforts to ensure that (i) the third party possesses the right to transfer the information to Nitehawk and (ii) Nitehawk has received the right to communicate with the persons who provided the information.

EMAIL SOLICITATIONS

Nitehawk only sends email solicitation to users who have agreed, through this Privacy Policy, on a third party Site or by other means, to receive emails from Nitehawk.

WIRELESS COMMUNICATIONS

If the email address You provide to Nitehawk is a wireless address, You agree to receive messages at such address from Nitehawk. You understand that Your wireless carrier’s standard rates apply to these messages. You represent and warrant that You are the owner or authorized user of the wireless device on which messages will be received, and that You are authorized to approve the applicable charges associated therewith.

AFFILIATES

Nitehawk may share Your Personal Information with companies that are related to or affiliated with Nitehawk (collectively, “Affiliates”).  Affiliates will use Your Personal Information in accordance with the terms of this Privacy Policy.

LINKS

This Privacy Policy only pertains to the Site. Other Site and portals, such as those to which the Site links to or may, in the future, link to the Site, including, without limitation, Facebook  and Twitter may have their own privacy policies. We encourage You to read the privacy policies and terms of use of the Site and portals that You visit through links placed on the Site as well as those for Site that provide links to the Site. You should contact these Sites directly if You have any questions about their use of Your Personal Information. Nitehawk is not responsible for any use of Your Personal Information or any other type of Your information when You use such third party sites and services.

INFORMATION SHARING AND ONWARD TRANSFER

Nitehawk reserves the right to sell, rent or otherwise share some or all of Your Personal Information with other companies or individuals outside of Nitehawk if:

• You have consented to such sale, rental or sharing; and/or
• Nitehawk becomes involved in a merger, acquisition, or any form of sale of all of its assets. In such circumstances, Nitehawk will provide notice before Personal Information is transferred and becomes subject to a different privacy policy.
• Software partner(s) directly supporting our ticketing and business operations

In addition, Nitehawk reserves the right to share non-personally identifiable information relating to users of the Site or the Nitehawk services with our partners and advertisers. The information will not be linked to any personal identifiable information. When You sign up for any third party service, information may be shared with the third party and Your privacy will be maintained in accordance with the third party privacy policy.

RESTRICTED AREAS

Certain areas of the Site may have additional or different terms and conditions than those addressed in this policy. If You access any of these areas, You should consult the privacy policies posted in those areas.

CHANGES TO THIS PRIVACY POLICY

Nitehawk may, at its sole discretion, revise this Privacy Policy at any time in a manner consistent with applicable laws and regulations. When we revise this policy, including changes to Nitehawk’s use of Your Personal Information, we will incorporate the revisions into this policy and will revise the “ast revised” date at the bottom of this web page. We will notify You when any changes to this Privacy Policy are made.  We recommend that You review those changes in order to remain informed about how Nitehawk uses Your Personal Information.

CALIFORNIA USER CONSUMER RIGHTS

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting Your privacy, You may wish to visit: www.ftc.gov.

CHILDREN’S/MINOR’S USE OF THE SITE

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.

USE OF THE SITE

You acknowledge that the personal information You provide to Nitehawk is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information in the United States, regardless of Your country of domicile.

SEVERABILITY

If any provision of this Privacy Policy is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

ACKNOWLEDGEMENT

By completing forms provided by Nitehawk, providing Your Personal Information through the Site and/or to Nitehawk, through any means, and by using the Site and services contained therein, You hereby represent and warrant that:

• You have read, understand and agree to Nitehawk’s Privacy Policy;
  • You are an actual person of at least 18 years of age, You have the right to provide the information that You submit to Nitehawk, and the information You submit is accurate, complete and truthful; and
  • If You do not agree to the terms of this Privacy Policy, then do not provide Your information to Nitehawk through any means. In such case, Nitehawk is relieved of any of its obligations to You as set forth in this Privacy Policy.

If You have any questions regarding this Privacy Policy, please contact us through one of the means set forth in the Contact Us part of the Site.