Privacy Policy

We may collect limited personal information directly from you, automatically through your use of our Software, or from other third-party sources.

Personal Information Collected Directly from You. While the personal information we collect varies depending on your use of our Software and our interactions with you, in general, we try to minimize the information we collect from you. We may collect the following personal information directly:

• Unique Identifiers. Such as your account number, including Ethereum wallet address or other similar identifiers, for purposes of facilitating our Software (note—due to the nature of the Ethereum network, this information is publicly available to anyone).
• Communications and Interactions. If you communicate or otherwise interact or engage with us, we may collect and maintain records of your contact details, communications and interactions, and our responses, if applicable. For example, if you contact us using the email address listed in the “Contact Us” section below.

Personal Information Collected Automatically. In addition, we may automatically collect or derive personal information about you related to your use of our Software. The personal information we may automatically collect includes:

• Device and Browsing Information. When you use our Software, we may collect certain device identifiers, log information, and network connectivity information necessary to securely provide our Software or comply with applicable laws. Transaction Data. When you use our Software we may monitor and collect information relating to transactions made in connection with the Software as may be required by applicable law (note – due to the nature of the Ethereum network, this information is publicly available to anyone).
• Activities and Usage. We also may collect activity information related to your use of the Software.

Personal Information Collected from Third Parties. We may also collect and receive certain personal information about you from third party sources throughout the course of our normal business operations. For example, we may receive information about your transactions from the Ethereum network.

Generally, we may collect, use, disclose and otherwise process personal information for the following purposes:

• Support our Operations. To provide and operate our Software, provide troubleshooting, technical support, or for similar support purposes, and to otherwise run our day-to-day operations.
• Geoblocking. Nocturne is not available to users in the US and certain other countries. We use personal information to identify that a user is trying to use the Software from these countries and block the user’s access to our Software.
• Communications. To communicate with you.
• Security, Legal Compliance, and Protection of Rights. To protect the Software and our business operations, our rights and those of others, to comply with applicable laws, to prevent and detect fraud, money laundering, unauthorized activities and access, and other misuse, including where we believe necessary to investigate, prevent or take action regarding suspected illegal activities or violations of our Terms of Service.
• Auditing, Reporting, and Other Internal Operations. To conduct financial, tax and accounting audits, audits, and assessments of our operations, including our privacy, security, and financial controls, as well as for risk and legal or regulatory compliance purposes. We may also use personal information to maintain appropriate business records and enforce our policies and procedures.
• General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

We may disclose the personal information we collect for the purposes described above to securely provide our Software, on your instructions, and with our business partners, vendors, service providers, and other parties as necessary.

We may also disclose your personal information in the following circumstances:

• In Support of Business Transfers. If we are, or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the personal information we have collected from you with or to the other company in accordance with applicable laws. We may also disclose certain personal information as necessary prior to the completion of such a transaction or other corporate transaction such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
• Security and Protection of Rights. Where we believe doing so is necessary to protect the Software, our rights and property, or the rights, property, and safety of others. For example, we may disclose personal information to (i) prevent, detect, investigate, and respond to fraud, unauthorized activities and access, and misuse of the Software, (ii) situations involving potential threats to the health, safety, or legal rights of any person or third party, or (iii) enforce, detect, investigate, and take action in response to violations of our Terms of Service. We may also disclose personal information related to litigation and other legal claims or proceedings.
• Security and Protection of Rights. Other Disclosures. We may disclose personal information in other ways not described above that we notify you of or that we obtain your consent for, or that are otherwise authorized or required by applicable law.

Our website may contain links to third-party websites or certain third-party features. Any access to and use of such linked websites or features is not governed by this Policy, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties, including their collection, use, and disclosure of your personal information. You should review the privacy policies and terms for any third parties before proceeding to those websites or using those features.

We have implemented precautions aimed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no measures can guarantee security.

We only store personal information for as long as is necessary to provide the Software or comply with applicable law.

Nocturne may transfer personal information worldwide, including to countries that may not be regarded as providing an adequate level of protection for personal information by certain countries or regions.

Our Software is not designed for children, and we do not knowingly collect personal information from children under the age of eighteen (18). If we learn that personal information has been collected on the Software from persons under the age of 18, then we will take the appropriate steps to delete this information. If you are a parent or legal guardian and you believe we have collected your child’s information in violation of applicable law, please contact us using the contact information below.

This Policy is current as of the date set forth above. We may change, update, or modify this Policy from time to time, so please be sure to check back periodically. We will post any updates to this Policy here. If we make any changes to this Policy that materially affect our practices regarding our use of the personal information we have previously collected from you, we will endeavor to provide you with notice, such as by posting prominent notice on our Website.

If you have any questions or concerns regarding this Policy or our privacy practices, you may contact us at hello@nocturnelabs.xyz.