1.1 Welcome to Nightcap. Our websites and mobile applications are owned and operated by Nightcap Ltd (referred to as “we”, “us”, “our”).

1.2 Our websites and our mobile applications (collectively, our “Website”) may use cookies to distinguish you from other users. Some cookies are essential to the operation of our Website. Others are not but help us to provide you with a better experience when you browse our Website and allow us to improve it. Here you will find information on what cookies may be set when you visit our Website and the purposes for which we use those cookies.

1.3 For further information on how we use the personal information we collect about you (including information collected through our use of cookies) please see our privacy policy.

1.4 This Cookie Policy was last updated on the date set out at the end of the policy.

2 COOKIE SETTINGS

2.1 When you first visit our Website, we only set essential cookies on your device unless you consent to all cookies, or select your own cookie preferences. Please see below regarding the ways you can control or delete the cookies we use.

2.2 Certain cookies we use are essential for the Website to work. For example, when you visit our website for the first time, we present you with a pop-up message notifying you about our use of cookies (Cookie Banner). We had to use a cookie to remember that we have presented this notice to you. You can see details of this cookie in the Cookie Table below. Similarly, when you use our mobile applications, you will be asked for your consent to use your location or the send push notifications and your preferences will be stored within the application.

2.3 In relation to all other types of cookies we use, by clicking the relevant button on the Cookie Banner, you are agreeing to our use of non-essential cookies in the manner described in this Cookie Policy. If you do not provide your consent using the Cookie Banner, we will not set these cookies on your device.

2.4 If you provide your consent in respect of any non-essential cookies, you will also be providing your consent for us and the relevant third parties that use those cookies to use your personal information in the ways set out in our Privacy Policy and we will only set or read the relevant cookies for the durations set out in the Cookie Table below.

2.5 You can withdraw your consent at any time by clicking the relevant button located on the Website. The cookie files may remain on your device after you have opted-out of using them. Please see further section 6 below or check your browser’s help pages to find out how to delete these files from your device.

2.6 If you withdraw your consent for us to use optional cookies, the consent you have given us to use any personal information we collect using those cookies will also be withdrawn. Please see our Privacy Policy for further details.

2.7 Please see below regarding the ways you can control or delete the cookies we use.

3 WHAT ARE COOKIES?

3.1 A cookie (and other technologies such as pixels and beacons) is a small data file that is placed on your browser or the hardware of your computer or other device to allow a website to recognise you as a user when you return to the Website, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (a ‘persistent cookie’). Other similar technologies work in the same way and we use the word ‘cookie’ in this Cookie Policy to refer to all technologies that collect information in this way including on our mobile applications.

3.2 Cookies can be “first party” (which are set by us) or “third party” (placed on your device by another company when you use our Website, but from a different domain). Third party cookies may be placed on your device by someone providing a service to us.

4 THE PURPOSES FOR WHICH WE USE COOKIES

4.1 We use cookies for the following purposes:

4.1.1 Essential cookies. These cookies are strictly necessary for the operation of our Website. For example, we have set a cookie to remember your preferences.

4.1.2 Analytics cookies. These cookies assist us with improving how our Website works, for example, by ensuring that users are finding what they are looking for easily. For example, certain Google Analytics cookies gives us information that allows us to recognise and count the number of visitors to our Website and to see how visitors move around our Website when they are using it.

4.1.3 Functionality cookies. These are used to recognise you when you return to our Website and to embed functionality from third party services. They assist with improving the functionality and security of the Website, including by remembering your preferences and managing the performance of the Website.

4.1.4 Targeting cookies. These cookies are set through our Website by our advertising partners and are used to build a profile of your interests and show you relevant adverts on other websites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Our advertising companies use these cookies to keep track of what adverts you’ve seen, or what adverts your browser has been exposed to. This helps advertisers deliver adverts that are relevant to your browsing habits. Solutions providers use cookies to help them control the number of times you see an advert and track the effectiveness of individual campaigns.

5 HOW WE USE YOUR INFORMATION

We use the personal information we obtain through the cookies we use on the Website for the following purposes and by relying on the following legal reasons (i.e. ‘lawful bases’):

Where we are under a LEGAL OBLIGATION in relation to certain essential cookies

5.1 We use your personal information to comply with our legal obligations, including where the law requires us to recognise your cookie preferences (for example, to identify when you have turned off all cookies from your browser).

Where there is a LEGITIMATE INTEREST in relation to our use of other essential cookies

5.2 We use your personal information to pursue our legitimate interest, namely ensuring the proper operation of the Website, including:

• to ensure that the formatting of the Website is appropriate dependent upon the device you are using;

• for content management purposes; and

• for security purposes such as preventing or detecting fraudulent activity.

Where you have provided CONSENT in relation to any non-essential cookies

5.3 We may use and process your personal information where you have provided consent for the following purposes:

5.3.1 for analysis and insight conducted to inform our targeting strategies, and to enhance your visitor experience;

5.3.2 to analyse, evaluate and improve our products and services so that your visit and use of the Website are more useful and enjoyable;

5.3.3 to evaluate use of the Website so that we can provide you with enhanced services;

5.3.4 for quality control, website performance and system administration;

5.3.5 tracking your browser across other websites and building up a profile of your interests in order to re-engage and convert customers based on behaviour across websites; and

5.4 For the purposes of data protection laws, we are the controller of the personal information listed above, which means we decide why and how your personal information is processed. Please see our Privacy Policy for details regarding our handling of this information, including to whom and to which locations we disclose it, how long we retain it and your data protection rights.

6 HOW TO CONTROL AND DELETE COOKIES

6.1 You can change your cookie preferences at any time by clicking the Cookie Button located the Website. You may need to refresh your page for your settings to take effect.

6.2 Most web browsers are set by default to accept all cookies. However, you may have the option to configure your web browser settings in such a way that the cookie information is displayed before storage, or to categorically reject them. You can find details on the various available settings for cookies and related changes for the most common web browsers by clicking on the relevant link below:

6.2.1 Google Chrome: https://support.google.com/accounts/answer/61416?hl=en

6.2.2 Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

6.2.3 Microsoft Edge: https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy

6.2.4 Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

6.2.5 Opera: http://www.opera.com/help/tutorials/security/privacy/

6.2.6 Safari: https://support.apple.com/kb/PH19214?locale=cs_CZ&viewlocale=en_US

6.3 Please note that any change to your web browser settings will only apply to the particular web browser for which you have adjusted your settings. If you use more than one web browser on a device, you must change the settings separately for each browser and, depending on the browser, for each device. Additional information regarding cookies may be available within the “help” feature of the browser or operating system or the operating manual for your device.

6.4 Alternatively, you may wish to visit http://www.allaboutcookies.org/ which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your device, as well as more general information about cookies. Please note that, as these websites are not owned or operated by us, we are not responsible for any of the content on them.

6.5 After you withdraw your consent for non-essential cookies, our Website will no longer access or read these cookies. Depending on the cookies, this means that files, scripts, codes and other cookie-related information may remain stored on your device. You can delete these cookies by clearing your cookies and your browsing cache using your web browser settings. Please consult the “help” feature in your browser for detailed instructions on how to delete cookies.

6.6 To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout.

6.7 If you would like to find out more about privacy, cookies and their use on the internet, you may find the following links useful: Information Commissioner’s Office ico.org.uk

6.8 If you refuse or withdraw consent to the use of any non-essential cookies or associated personal information, then the corresponding functionality or features of this Website may not work properly, or at all. Your use of the core functions and features of this Website will not be affected.

6.9 If you disable essential cookies (or all cookies) using your web browser settings, one or more core functions and features of this Website, including those intended to ensure your visit is safe and secure, will not work properly, or at all.

7 MAIN COOKIES USED BY US ON OUR WEBSITE

7.1 A list of the main cookies used by us on this Website together with details about what each is used for can be found in the Cookie Table below.

8 EMAIL TRACKING

8.1 Some of the emails we send to you may contain a ‘web beacon pixel’ (clear GIFs) or tracked links which allows us to identify when you have opened the email and to verify which links contained in the email you have accessed. We use this information to determine which parts of our emails are of most interest to you.

8.2 You can delete the pixel by deleting the email. If you do not wish to download the pixel to your computer or other device, you can unsubscribe from our mailing list by using the unsubscribe option in the email you have received.

9 CHANGES

9.1 We may make changes to this Cookie Policy at any time by sending you an e-mail with the modified Terms or by posting a copy of them on the Website. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Website, whichever is the earlier.

10 CONTACT US

10.1 If you have any questions or concerns about our use of cookies or your privacy when using this Website, please contact by email at digital@nightcapgroup.com.

COOKIE TABLE

COOKIES USED ON Nightcap websites.

1. Essential

2. Analytics

3. Targeting

COOKIES AND SIMILAR TECHNOLOGIES USED ON OUR MOBILE APPLICATIONS

1. Essential

2. Analytics

3. Functionality

4. Targeting