Privacy Policy
Last Updated: November 10, 2023
Nocturne Labs, Inc., its brands, affiliates, and subsidiaries
(“Nocturne,” “we,” “our,” or “us”) values your privacy. This Privacy
Policy (“Policy”) describes how Nocturne collects, uses, discloses,
and otherwise processes personal information described in this Policy.
Except as otherwise described below, this Policy applies to the
personal information Nocturne collects and processes related to
visitors of our website where this Policy is posted, including
https://app.nocturne.xyz, users of the interface and software we make available via the
website (collectively, the “Software”), and individuals who
communicate or otherwise interact or engage with us. Note that the
execution of transactions on the Ethereum network and the operation of
the Ethereum blockchain are not considered part of the Software that
we control.
By using our Software, you acknowledge that your personal information
will be handled as described in this Policy. Your use of our Software
and any dispute over privacy, is subject to this Policy and our Terms
of Service, available at
https://nocturne.xyz/terms-of-service, including their applicable terms governing limitations on damages
and the resolution of disputes.
Personal Information Collected
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.
Purposes for Collection and Processing
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.
Disclosures of Personal Information
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.
External Links and Features
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.
Security
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.
Data Retention
We only store personal information for as long as is necessary to
provide the Software or comply with applicable law.
International Transfers
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.
Age Requirements
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.
Changes to this Policy
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.
Contact Us
If you have any questions or concerns regarding this Policy or our
privacy practices, you may contact us at hello@nocturnelabs.xyz.