Terms of Service
Please read the following terms and conditions carefully before accessing or using Die Happy Tonight events, services, application, and website. If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, you are not permitted to our Events or use of the Website or the Service. Please review this Agreement carefully.
Die Happy Tonight reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
1) About Us
Die Happy Tonight is operated by WLVS Hospitality LLC. (“us”, “we”, or “our”). We are full-service event production and promotion company operating out of New York, New York. Please read these Terms of Service (“Terms”) carefully – they set out the basis on which you are allowed to use our website and the additional terms that apply and services you can receive if you become a registered member of the club. If you have any questions regarding these Terms or the use of Die Happy Tonight, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms. You might want to print a copy of the Terms for your own records.
2) Membership of Die Happy Tonight and Use of our Website
Access to and use of the Die Happy Tonight member website, www.letsdht.com, by anyone, is subject to these Terms. By accessing and using the website you agree to be legally bound by these Terms.
If you are accepted as a member of Die Happy Tonight private members club (“Member”) the additional membership related provisions will govern the terms of your membership (“Membership”).
We may update these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. We will endeavour to notify you of any material change that affects you. However, you should regularly check this page to see if any changes have been made.
If you are a fee paying Member, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a fee paying Member, any changes will become effective as soon as we notify you of them or otherwise make them available www.diehappytonight.com
If you continue to use Die Happy Tonight following the effective date of any variation of these Terms, you will be deemed to have accepted such variation. If you do not agree to such variation, you should stop using Die Happy Tonight.
You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through the Website to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as US$60. You agree that you will pay any outstanding balance you have with DieHappyTonight.com within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.
DieHappyTonight.com reserves the right to offer free membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. DieHappyTonight.com also reserves the right to cancel the free trial period at any time, for all or any of its members.
3) Applications for Membership
Die Happy Tonight is an exclusive private club with limited capacity. We reserve the right to accept or reject any and all applications for Membership in our absolute discretion.
When you apply to become a Member of Die Happy Tonight you must be aged 21 years old or over and will be asked to provide proof of your identity. We reserve the right to vet you and your ID documents to verify your identity.
The relevant fees and Membership period for the different levels of Membership will be as set out on the website and registration forms when you apply (the “Membership Fees”).
We reserve the right to update and amend these at any stage at our discretion.
4) Conditions of Membership, – Code of Behaviour, Confidentiality and Content Policy
We operate a strict Code of Behaviour for all Members of Die Happy Tonight. You must read this Code of Behaviour before joining Die Happy Tonight and must comply with it at all times – when using the website, at any Event or otherwise in relation to your interactions with other Members and Die Happy Tonight in general.
In addition any content or materials or information that you post on the site or send to other Members must comply with our Content Policy. See Section 10 below for more information about content on the site.
Privacy, confidentiality and discretion are core values that we require all Members to abide by. Do not discuss or disclose any non-public information about Die Happy Tonight our Events or our Members to anyone else.
You will be responsible for any use of Die Happy Tonight through your account and/or using your login or password. Please ensure any person accessing Die Happy Tonight through your account is authorized by you and is aware of these Terms and that they comply with them.
5) Payments and Auto Renewal
Membership Fees are payable in advance for each type of Membership and Membership period. Your Membership will NOT automatically renew. You may choose to terminate your Membership in accordance with Section 6 below (Cancellation and Termination).
In order to provide continuous service, DieHappyTonight.com provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, DieHappyTonight.com will automatically renew all paid subscriptions for the Services on the date such subscriptions expire. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you had selected the automatic renewal option. If you do not wish your account to renew automatically, or if you want to change or terminated your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.
6) Cancellation and Termination of your Membership
When you subscribe to any level of paid for Membership you agree to receive the services available under that Membership level immediately. Die Happy Tonight maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription. Further, you agree that no refunds will be made on any remaining or unused subscription or credits.
When you deactivate your DieHappyTonight.com account or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your deactivated DieHappyTonight.com account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account deactivation will not be reinstated with your account.
We may terminate your Membership at any time if in our reasonable opinion you have breached any of the terms, conditions, codes or polices set out in these Terms or otherwise relating to your Membership. In such circumstances termination will take effect immediately and you will not be entitled to any refunds.
We may also terminate your Membership at any time in our absolute discretion to take effect immediately. In these circumstances you will receive a pro rata refund of Membership Fees for any remaining subscription period.
At the relevant termination date, we will de-activate your account and your access to Die Happy Tonight will cease. We will delete all content stored in your account and your user details (except where we are required by law to retain such details or need to retain any details for legal reasons).
Our events or parties are special events for certain levels of Membership, and are limited by capacity and other restrictions case by case. As a Member you are entitled to apply for tickets to an Event, but acceptance by us of your application and our allocation of tickets is at our absolute discretion. Even with a ticket, entry to and continued attendance at an Event is at our absolute discretion. As such, we may refuse entry or ask for you to leave an Event at our absolute discretion.
Tickets and admission are non-refundable. If you cannot attend, we cannot refund any costs of the ticket or otherwise.
In the event of cancellation by us we will refund your ticket price, but are not liable for any other costs you may have incurred such as hotels or travel.
In any event you must at all times comply with our Events Policy (“Events Policy”).
8) Merchandise and other purchases
Die Happy Tonight may offer you the opportunity to purchase various items of merchandise through the website. All purchases are made through third party retailers and you will be directed to their sites to make the relevant purchase.
Killing Kittens is not involved in any elements of the sale or payment processing and is not responsible for any third party sales.
9) Intellectual Property
The Die Happy Tonight website and any information, text, messages, articles, music, videos, images, photographs, and other content displayed on the website or otherwise used by Die Happy Tonight in providing the services and Events (“Content”) are all protected by certain intellectual property and other rights. These rights include all copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, patents, rights to inventions and all other intellectual property and proprietary rights, in each case whether registered or unregistered. These rights either belong directly to us or are licensed to us from their respective owners or licensors.
You may only use, access and view the Die Happy Tonight website and the Content for your own personal, non-commercial use subject to a limited temporary license form Killing Kittens. You may not use Die Happy Tonight or any Content for any purpose other than those set out above.
You may not at any time modify, store, copy (including for example scraping, using crawlers, browser plugins and add-ons, and any other technology or manual work), extract, reutilise, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or distribute any part, content or data of this website or the Die Happy Tonight service.
10) Your Content / User Content
Die Happy Tonight may enable users to upload content on to the Die Happy Tonight website or to take part in one to one conversations and discussions via our services (“Your Content” or “User Content”).
Your Content must comply with our Content Policy and in any event our Code of Behaviour.
You take full responsibility for any of Your Content that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to Your Content.
You own the intellectual property and other rights in Your Content. However, you give Killing Kittens a limited licence to publish Your Content in relation to the Die Happy Tonight website.
We cannot guarantee the accuracy or quality of any of User Content posted on or sent via Die Happy Tonight. While we endeavour to enforce the rules set out in these Terms, we do not promise to monitor or moderate User Content published on or sent via Die Happy Tonight. Further we are not responsible for the views in or otherwise in any way for any User Content.
If you believe that any User Content published on or made available via Die Happy Tonight fails to comply with these Terms, you can notify us by emailing us at email@example.com. Upon receiving any complaints about User Content, we will review the User Content in question and may then decide to remove or edit it.
11) Availability of Die Happy Tonight website and other services
Die Happy Tonight website and services are available on a temporary basis. We may update Die Happy Tonight and we may change the Content and services at any time. We reserve the right to withdraw or amend Die Happy Tonight website and services without notice. We will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if Die Happy Tonight is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.
You are responsible for making all arrangements necessary to access the Die Happy Tonight website. Please note that use of Die Happy Tonight website may be subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
Whilst we do our best to vet applicants for Membership in terms of doing our best to verify their real identity, we do not do any other background checks in terms of things such as criminal records, nor do we interview or actively vet or select Members.
We will endeavour to provide a safe and respectful environment for Members. However, we cannot control the behaviour of other Members and we urge you at all times to take care and be sensible in your interactions with other Members. You are solely responsible for your interactions with other Members. We are not responsible for the conduct of any Member or their User Content.
We warrant that we will provide the Die Happy Tonight services and website with reasonable skill and care and substantially as described in these Terms.
Other than the express warranty in this section, the Die Happy Tonight website and service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We make no warranty that the Die Happy Tonight website and service will meet your requirements, that Content will be accurate or reliable. Nor do we warrant that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website is free of viruses or anything else which may be harmful or destructive.
Nothing shall have the effect of excluding or limiting either Die Happy Tonight’s liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
13) Your liability to us
You will be responsible for and indemnify us against all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or other default in relation to any codes, policies or your other obligations.
14) Our Liability to you
We will not be liable for any loss or damage caused by Die Happy Tonight or any of its employees or agents in circumstances where there has been no breach of a legal duty of care which is owed by us or any of our employees or agents, and/or the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
In the absence of any negligence or other breach of duty by us, the use by you of the Die Happy Tonight website and membership service is entirely at your risk.
Nothing in these Terms shall affect your statutory rights as a consumer.
15) Linking to Die Happy Tonight
You may link to Die Happy Tonight, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Die Happy Tonight must not be framed on any other site, nor should you establish a link to any part of Die Happy Tonight other than the home page. We reserve the right to withdraw linking permission without notice.
16) Links from Die Happy Tonight
Die Happy Tonight and/or the Content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that Die Happy Tonight is affiliated to or associated with such sites or services.
Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to Die Happy Tonight, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
17) Personal Contract – no Assignment, and Survival of Terms
Membership is strictly non-transferable, assignable or to be used by any other person.
Certain section within this Terms that by their inherent nature should survive termination or expiry will survive termination or expiry and continue to have effect and be binding, including but not limited to sections 4 (Conditions, Codes and Policies), 9 (IP), 12 (Disclaimers, 13 (Your Liability), 14 (Our Liability), 17 (Survival), 18 (Law)
18) Governing Law
These Terms will be interpreted in accordance with and governed by New York State law and shall be subject to the exclusive jurisdiction of the New York State courts.
19) Contact Us
If you have an enquiry or complaint about Die Happy Tonight, you should contact our customer services team at firstname.lastname@example.org and we will try to answer your enquiry or resolve any complaint as soon as possible.
If you have any suggestions for improvements or additions that you would like to see on Die Happy Tonight, please email us.
20) Risk Assumptions & Precautions
DieHappyTonight.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with other Members, including dating or sending money to another Member. You agree to take all necessary precautions when meeting individuals through the Service.
DieHappyTonight.com DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, DieHappyTonight.com reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
You understand that DieHappyTonight.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
21) Membership Services
In exchange for a monthly or annual membership fee, Die Happy Tonight provides access to numerous services and benefits that include, but are not limited to, concierge service, invitation to Die Happy Tonight organized events, mobile application and Die Happy Tonight´s community of users, and privately operated venues exclusive to members (collectively, the “Services”). Die Happy Tonight reserves the right to change, suspend or terminate any of the Services or benefits at any time, including, without limitation, changes to (or imposition of new) fees or other charges for services or benefits. Grandfathered membership fee rates are subject to periodic inflation adjustments and do not include access to new services or benefits that may be offered after the initial date of purchase of membership.
Last Update: March 2018
Code of Behaviour
As a Member or guest of Die Happy Tonight you acknowledge and agree to comply with the following rules of behaviour:
act honestly and respectfully to all Members at all times;
be discrete at all times and respect other Members confidentiality and privacy;
do not harass, abuse or harm another person;
comply at all time with all application laws, regulations, club rules and directions;
do not use an image that is not your likeness for your profile;
do not misrepresent your relationships with a person or entity, past or present;
provide accurate information to us and other Members and keep it updated;
do not use images or terms in your descriptions or profile that is offensive, obscene, pornographic, indecent, malicious, threatening, abusive, defamatory or otherwise unlawful;
do not create a profile for anyone other than yourself;
do not use or attempt to use another Member’s account;
do not collect or store other Members’ personal data without their express permission;
do not interfere or violate a third party’s private life, nor interfere with their private communications, nor breach any duties of confidence or confidentiality;
understand and comply at all times with our Content Policy;
any commercial use such as promotion via messaging is strictly prohibited.
As a Member of Die Happy Tonight you acknowledge and agree to comply with the following content rules:
any information or content you post or share must comply with all applicable laws, including, without limitation, privacy laws, obscene publications, intellectual property laws, anti-spam laws, and regulatory requirements;
Do not upload pornographic or indecent images to the site. Such images will not be verified and be published to the site.
do not act in an unlawful, libellous, abusive, obscene, discriminatory, racist, sexist, fraudulent or otherwise objectionable manner;
do not use any content in any manner that may infringe any of our rights or the rights of a third party including intellectual property rights such as relating to copyright, trade marks or databases;
do not post or share otherwise publish or link to content which contains videos, stills, photographs, audio or images of another person without their permission;
do not share or disclose information that you do not have the right to share or disclose (such as confidential information of others);
do not post, link to or otherwise publish any content about illegal activities such as making or buying drugs or illegal weapons;
do not send spam or other unwelcome communications to others;
do not use the site for any commercial use under any circumstances.
The admission of Members to any Event is strictly subject to this Events Policy.
By attending an Event, the Member agrees to be bound by this Events Policy.
Die Happy Tonight reserves the right to refuse access to or order the immediate removal without any entitlement to a refund of any person who fails to act in accordance with this Events Policy.
Admission is not refundable.
Tickets are personal to the Member purchasing such tickets. Members may not resell or trade any tickets.
Members will be asked to verify there identify on entry to an Event.
No cameras, video or recording devices, live-streaming or otherwise – whether on a mobile phone or other device, may be used at an Event. We reserve the right to take possession of and confiscate any mobile phone, camera, video or recording device and any photos, videos or other recorded images used or taken at an Event.
PRESS / SOCIAL MEDIA
Die Happy Tonight operates a strict no press and no social media policy. You must not discuss or disclose to any press nor post on social media any information about our Events or our Members. Events are confidential and private occasions. Members are reminded of their obligations under the Membership Terms.
DRUGS AND SMOKING
Members may not bring alcohol or illegal substances onto the premises. Licensing laws shall be strictly enforced. Anyone who is or appears to be intoxicated shall be removed from the Event immediately without any entitlement to a refund. Events will in general be non-smoking and non-vaping events. Please follow directions at Events to find designated smoking areas.
We will endeavour to provide a safe and respectful environment for Members. However, we cannot control the behaviour of other Members and we urge you at all times to take care and be sensible in your interactions with other Members. You are solely responsible for your interactions with other Members. We are not responsible for the conduct of any Member or their User Content.
Die Happy Tonight accept no responsibility for the loss, theft, damage or alteration to any personal items brought onto the premises by its Members.
Members shall not exhibit behaviour which is considered antisocial or disruptive or contradicts the Die Happy Tonight Code of Behaviour. Such behaviour will result in immediate removal from the Event without any entitlement to a refund.
Die Happy Tonight reserves the right to report any Member deemed to be exhibiting illegal, antisocial or disruptive behaviour to the police for further investigation.
MEMBERS HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Die Happy Tonight, its management, employees, and agents (hereinafter referred to as “release’s”) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the release’s or otherwise while the undersigned is in, upon, or about the premises, or participating in any event affiliated with Die Happy Tonight, without respect to location.
MEMBERS HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the release’s and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about a Die Happy Tonight event or participating in any program affiliated with Die Happy Tonight whether caused by the negligence of the release’s or otherwise.
MEMBER ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of release’s or otherwise while in, about, or upon the premises of a Die Happy Tonight event or participating in any program affiliated with Die Happy Tonight.
Personal information you provide to us will only be used by DieHappyTonight.com, and will never be sold or given to third parties for any purpose without your consent. We are strongly committed to protecting your privacy online and have taken steps to protect information you share with us. For example, we use SSL encryption to safeguard your credit card data when used in E-commerce transactions.
Die Happy Tonight complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Eve Communications, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Eve Communications, Inc.’s certification, please visit http://www.export.gov/safeharbor/.
We are committed to protecting the privacy of our users. We want to provide a safe and secure user experience. We will use our best efforts to ensure that the information submitted to us remain private, and is used only for the purposes set forth herein.
When you register as a member of DieHappyTonight.com, you are asked for a number of personal information, including your name, email address, zip code, phone numbers, occupation, and preferences. Our website also automatically receives and records information on our server logs from your browser, including your IP address, browser type and DieHappyTonight.com cookie information. DieHappyTonight.com uses this information to personalize the content you see, to fulfill your service requests, to inform you of updates to our services, and to alert you to products and services we believe may be of interest to you.
We employ other companies and individuals to perform functions on our behalf. Examples may include hosting our web servers, analyzing data, providing marketing services, processing credit card payments, and other services. These companies may have access to your personal information as necessary to perform their functions, but they may not share that information with any third party.
1. What Information Do We Collect?
(a) Information You Provide To Us
Personal Information. We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and mobile number (“Personal Information”). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. The current required data fields are:
Mobile Phone Number
Credit Card Number, expiration date & security code and or information regarding your PayPal, Google Wallet or other digital payment accounts
If you choose to upload a photo when registering for our Services, the photo may be viewable by us and all users to verify your identity. You may remove or update the photo at any time by logging into your account.
(b) Information We Collect As You Access And Use Our Services
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purpose , including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):
Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, count users of the Services, monitor how users navigate the Services, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ personal information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
(c) Information Third Parties Provide About You
(d) Information You Provide About A Third Party
If you choose to use our referral service to tell a friend about our Services or a job position, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address may be included in the communication sent to your friend.
(e) Information Collected by Mobile Applications
Our Services are primarily provided through an application on your mobile, tablet computer or similar device (“Mobile Application”). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.
When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation:
Your preferred language and country site (if applicable)
Your phone number or other unique device identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number
The IP address of your mobile device
The manufacturer and model of your mobile device
Your mobile operating system
The type of mobile Internet browsers you are using
Information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application
Information to allow us to personalize the services and content available through the Mobile Application
We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways:
To operate and improve our Mobile Applications, other Services, our company’s services, and tools;
To create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses;
To customize the content or services on the Mobile Application for you, or the communications sent to you through the Mobile Application.
We may associate your unique mobile Device Identifier or Mobile Application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information.
(f) Information Collected from Member Applicants
If you wish to apply as a member on our web site(s), we will collect Personal Information such as your name, email address, phone number and may collect additional information such as resume, gender, and your ethnicity. We use the information collected within this area of the web site(s) to determine your qualifications for membership.
2. How Do We Use The Information Collected?
Our primary goal in collecting your Personal information or Usage Information is to provide you with an enhanced experience when using the Services.
Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes.
We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. The credit card information you provide in your personal profile at sign-up is not stored by us, but is stored and used by our third party credit card processors in order for them to process payment that you owe third parties for transportation services received by you.
We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.
3. How and When Do We Disclose Information to Third Parties?
(a) When You Agree To Receive Information From Third Parties.
(b) Third Parties Providing Services on Our Behalf.
We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as drivers and companies they work for to provide the Services, and other third-parties to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geo-location information to our members, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services‘ features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose.
While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(c) Co-branded Services.
Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
(d) Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(e) Administrative and Legal Reasons.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; an /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
(f) Business Transfer.
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
4. What is Online Behavioral Advertising and How Can I Opt-Out?
Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual's web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our web site(s). For example, if you have shown a preference for nursing while visiting our web site(s), you may be served an advertisement for nursing-related programs when you visit a site other than our web site(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.
In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser's security settings to validate whether scripting is active or disabled.
Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
5. What About Information I Disclose Publicly?
(a) User Generated Content and Public Information.
6. Does Third Party Content And Links To Third Party Services Appear on the Services?
The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties.
7. What About Social Media Features and Widgets?
8. How Do I Change My Information and What If I Cancel My Account?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through support@DieHappyTonight.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
9. What About Security?
The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information - such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geo-location information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.
11. Your California Privacy Rights
California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out).
We have opted for this alternative approach, and we do not share personal information of customers information to third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such customer information.
12. What About Consent To Transfer Information To The United States?
If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.