Effective Date: December 16, 2020
- WHO is Responsible for Processing Your Personal Data?
- WHAT Personal Data Do We Collect, When, and From What Sources?
- TOOLS to Manage What Personal Data We Collect
- WHY and HOW Do We Use Your Personal Data?
- SHARING of Your Personal Data
- PROTECTION and MANAGEMENT of Your Personal Data
- COOKIES and Pixel Tags
- USING the Nocta Platform with Third-Party Products and Services
- QUESTIONS and Feedback
WHO is Responsible for Processing Your Personal Data?
WHAT Personal Data Do We Collect, When and From What Sources?
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Platform.
This personal data includes your:
- contact details including name, email, telephone number and shipping and billing address;
- personal details including gender, hometown, date of birth and purchase history;
- payment or credit card information;
- images, photos and videos;
- data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);
- fitness activity data provided by you or generated through our Platform (time, duration, distance, location, calorie count, pace/stride); or
- personal preferences including your wish list as well as marketing preferences.
We collect additional personal data from you to enable particular features within our Platform. For example, we request access to your phone’s location data to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials to post content from our Platform to a social network. This personal data includes your:
- movement data from your device’s accelerometer;
- photos, contacts and calendar information;
- sensor data, including heart rate and (GPS) location data; or
- social network information, including credentials and any information from your public posts about Nocta or your communications with us.
When interacting with our Platforms, certain data is automatically collected from your device or web browser, as further described below in the section titled “Cookies and Pixel Tags.” This data includes:
- Device IDs, call state, network access, storage information and battery information; and
- Cookies, IP addresses, referrer headers, data identifying your web browser and version, web beacons, tags, and interactions with our Platform.
We do not knowingly collect personal information online from children under the age of 13.
TOOLS to Manage What Personal Data We Collect
When using our Platform, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or to send push notifications. We may obtain this consent through the Platform or using the standard permissions available on your device.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
At this time, we do not respond to “do not track” signals sent by web browsers.
WHY and HOW Do We Use Your Personal Data?
We use your personal data in the following ways:
To Provide the Features of the Platform and the Services You Request
When you use our Platform, we will use your personal data to provide the requested product or service. For example, if you make a purchase on Nocta.com, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
In many cases, to use particular features within our Platform you may need to provide Nocta with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our Platform, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
If you are an existing customer of Nocta (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar Nocta products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information.
We may use the information that you provide to us as, well as information from other Nocta products or services such as your use of Nocta’s Platform to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our Platform that are associated with your account across devices.
To Operate, Improve and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform.
To Protect Our or Others' Rights, Property or Safety
For General Research and Analysis Purposes
We use data about how our visitors use our Platform to understand customer behavior or preferences. For example, we may use information about how visitors to Nocta.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
SHARING of Your Personal Data
Nocta may share each of the categories of personal data we collect with the following types of entities for the business purposes described:
- Nocta entities for the purposes and under the conditions outlined above
- Service providers processing personal data (including the personal data noted in the "What Personal Information Do We Collect and When" section) for business purposes on Nocta’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features.
- To any other third party where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
We do not sell your personal data.
When you use certain social features on our Platform, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your Nocta activity. We encourage you to use the tools we provide for managing Nocta’s social sharing to control what information you make available through Nocta’s social features.
PROTECTION and MANAGEMENT of your Personal Data
- Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data.
Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
- Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required or permitted by law.
- Managing your personal data: You may have the right to request: (i) access to your personal data (both the categories of data we collect, which is laid out in this policy, and particular types); (ii) an electronic copy of your personal data; (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances as provided by applicable law. We do not sell your personal data. We will not discriminate against you for the exercise of these rights. If you request to delete your account, you can create a new account on our Platform at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us. Contact details, and a link to the webform for these requests, can be found in the “Question and Feedback” section below. We will verify your request either through a message sent to the email address associated with your account (so you must have access to this email account) or by asking you to provide information matching what we have for you within our systems. You or your authorized agent may request to exercise your rights. Before we can act on a request from your authorized agent, we may require verification of your identity and proof from the authorized agent that they can act on your behalf.
- Managing your content: You can request removal of your posted User Generated Content on the Platform, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal.
- Managing your notifications: You can opt out of receiving Nocta’s marketing communications by following the opt out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.
COOKIES and Pixel Tags
Nocta collects information, which may include personal data, when you use our Platform. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Some advertising and technology partners may also collect personal data when you use our Platform. These partners have committed to act as service providers on Nocta’s behalf and have committed to only use your personal data for Nocta’s purposes as described in this policy.
In some instances our Platforms allows you to log-in with or connect your Nocta account with a third-party social media or partner account. If you do so, your use of their technology within our Platform is subject to their terms and policies.
- Functional: These cookies are required for basic Platform functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
- Performance: These cookies allow us to improve our Platform's functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Platform preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Platform performance.
- Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Platform through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient and some of our services will not function properly. There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.
Similarly, you can adjust your advertising preferences on your mobile device at the device level. For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.
USING the Nocta Platform with Third-Party Products and Services
Our Platform allows you to interact with a wide variety of other digital products and services. For example, our Platform can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your Nocta account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your Nocta activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Platform may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
QUESTIONS and Feedback
You may also contact Customer Service team via email at email@example.com.
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.