Privacy Policy

This privacy policy ("Policy") describes how we collect, protect and use personally identifiable information ("Personal Information") that you may provide on the noctorial.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). It also describes the choices you have regarding our use of your personal information and how you can access and update it. This Policy is a legally binding agreement between you ("User", "you" or "your") and Galilei Rogers LLC ("Galilei Rogers LLC", "we", "us", "our" or "us"). By accessing and using the Website and Services, you acknowledge that you have read, understand and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies we do not own or control, or to persons we do not employ or manage.

Automatic collection of information

When you open the Website, our servers automatically record information sent by your browser. This data may include information such as your device's IP address, browser type and version, operating system type and version, language preferences or the web page you were visiting before coming to the Website and Services, the pages of the Website and Services you visit, the time spent on those pages, the information you search for on the Website, access times and dates, and other statistics.

Automatically collected information is only used to identify potential abuse and to establish statistical information about the use and traffic of the Web Site and Services. This statistical information is not aggregated in such a way as to identify any particular user of the system.

Collection of personal information

You can access and use the Website and the Services without telling us who you are or revealing any information that would allow us to identify you as a specific, identifiable individual. However, if you wish to use some of the features of the Website, you may be asked to provide certain personal information (e.g., your name and email address). We receive and store any information you knowingly provide to us when you create an account, post content, make a purchase or fill out any online forms on the Website. When necessary, this information may include the following.

Personal data such as name, country of residence, etc.
Contact details such as e-mail address, address, etc.
Account data, such as user name, unique user ID, password, etc.
Proof of identity, such as a photocopy of an official identity document.
Geolocation data, such as latitude and longitude.
Any other material you voluntarily send us, such as articles, pictures, comments, etc.

Some of the information we collect comes directly from you through the Website and Services. However, we may also collect Personal Information about you from other sources, such as public databases and our joint marketing partners. You may choose not to provide us with your Personal Information, but in that case you may not be able to take advantage of some of the Website's features. Users who are unsure what information is required may contact us.

Use and processing of the information collected

In order to make the Website and Services available to you, or to comply with a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information we request, we may not be able to provide you with the requested products or services. Any information we collect from you may be used for the following purposes:

Create and manage user accounts
Fulfill and manage orders
Deliver products or services
Improve products and services
Send administrative information
Send promotional and marketing communications
Respond to inquiries and provide assistance
Request user feedback
Improve user experience
Publish customer testimonials
Send targeted advertising
Manage sweepstakes and contests
Apply conditions and policies
Protection against abuse and malicious users
Respond to legal requests and avoid damages
Manage and operate the website and services.

The processing of your Personal Information depends on how you interact with the Website and the Services, where in the world you are located and whether any of the following circumstances apply: (i) you have given your consent for one or more specific purposes; this, however, does not apply, provided that the processing of Personal Information is subject to the California Consumer Privacy Act or the European Data Protection Act; (ii) the provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereunder; (iii) the processing is necessary for compliance with a legal obligation to which you are subject; (iv) the processing is in connection with a task carried out in the public interest or in the exercise of official authority vested in us; (v) the processing is necessary for the purposes of legitimate interests pursued by us or a third party.

Please note that, under some legislation, we may be permitted to process information until you object to such processing (by opting out), without having to rely on consent or any of the other legal bases set out below. In any event, we will be happy to clarify the specific legal basis that applies to the processing and, in particular, whether the provision of personal information is a legal or contractual requirement, or a necessary requirement to enter into a contract.

Invoicing and payments

We use third party payment processors to assist us in securely processing your payment information. The use of your Personal Data by such processors is governed by their respective privacy policies, which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

Information management

You may delete certain Personal Information we have about you. The Personal Information you may delete may change as the Website and Services change. However, when you delete Personal Information, we may retain a copy of the unrevised Personal Information in our records for as long as necessary to fulfill our obligations to our affiliates and partners, and for the purposes described below.

Disclosure of information

Depending on the Services requested or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties who work with us, any other affiliates and subsidiaries we rely on to assist in the operation of the Website and the Services available to you. We do not share personal information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties receive the Personal Information they need only to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event that we go through a business transition, such as a merger or acquisition by another company, or the sale of all or a portion of its assets, it is likely that your user account and personal information will be among the assets transferred.

Preservation of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes and enforce our agreements, unless a longer retention period is required or permitted by law. We may use any aggregate data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that personally identifies you. Once the retention period expires, the Personal Information will be deleted. Therefore, the right of access, the right of suppression, the right of rectification and the right of data portability will not be enforceable after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve the transfer and storage of your information in a country other than your own. You have the right to know the legal basis for transfers of information to a country outside the European Union or to any international organization under public international law or created by two or more countries, such as the United Nations, as well as the security measures we take to safeguard your information. If such a transfer occurs, you can obtain more information by referring to the relevant sections of this Policy or by contacting us using the information provided in the contact section.

User rights

You may exercise certain rights in relation to the information we process about you. In particular, you have the right to the following (i) you have the right to withdraw your consent where you have previously consented to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to know whether we are processing information, to obtain information about certain aspects of the processing and to obtain a copy of the information being processed; (iv) you have the right to verify the accuracy of your information and to request that it be updated or corrected; (v) you have the right, in certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than to store it; (vi) you have the right, in certain circumstances, to have us delete your personal information; (vii) you have the right to receive your information in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another data controller without hindrance. This provision applies provided that your information is processed by automated means and that the processing is based on your consent, on a contract to which you are a party or on pre-contractual obligations of the contract.

Right to object to processing

Where Personal Data are processed for reasons of public interest, in the exercise of a conferred public authority or for the satisfaction of legitimate interests pursued by us, you may object to such processing by providing a reason related to your particular situation that justifies the objection. You should know that, however, if your Personal Information is processed for direct marketing purposes, you may object to such processing at any time without providing any justification. To find out whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.

Data protection rights under the GDPR

If you reside in the European Economic Area (EEA), you have certain data protection rights and Galilei Rogers LLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information. If you would like us to inform you of what Personal Information we hold about you and if you would like us to remove it from our systems, please contact us. In certain circumstances, you have the following data protection rights:

You have the right to request access to the Personal Information we store and to have the ability to access your Personal Information.
You have the right to request that we correct any Personal Information that you believe to be inaccurate. You also have the right to request that we complete Personal Information that you believe to be incomplete.
You have the right to request deletion of your Personal Information under certain conditions of this Policy.
You have the right to object to our processing of your personal information.
You have the right to request that we restrict the processing of your Personal Data. When you restrict the processing of your Personal Data, we may store it, but we will not process it further.
You have the right to receive a copy of the information we maintain about you in a structured, machine-readable, and commonly used format.
You also have the right to withdraw your consent at any time when Galilei Rogers LLC. relies on your consent to process your personal information.
You have the right to lodge a complaint with a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

California Privacy Rights

In addition to the rights explained in this Policy, California residents who provide Personal Data (as defined by law) to obtain products or services for personal, family or household use have the right to request and obtain, once a year, information from us about the Personal Data we have shared, if any, with other companies for business uses. In your case, this information would include the categories of Personal Information and the names and addresses of the companies with which we shared such Personal Information for the immediately preceding calendar year (e.g., requests made in the current year will receive information about the preceding year). To obtain this information, please contact us.

How to exercise these rights

Any requests to exercise your rights may be directed to Galilei Rogers LLC. via the contact details provided herein. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information to allow us to verify that you are the person you claim to be or that you are the authorized representative of such person. It must include sufficient detail to allow us to properly understand and respond to the request. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such request and confirm that the Personal Information relates to you.

Privacy of minors

Our Services are not directed to children under the age of 18. In addition, we do not knowingly collect any Personal Information from children under the age of 18. If you are under 18, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children's use of the Internet and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 18 has provided us with Personal Data through the Website and Services, please contact us. You must also be at least 16 years old to consent to the processing of your Personal Data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

The Web Site and the Services use "cookies" to help personalize your online experience. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store and track information for statistical purposes for the operation of the Website and Services. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the functionality of the Website and Services. You can view our full Cookie Policy here. You can learn more about cookies and how they work here.

Do Not Track Signs

Some browsers incorporate a Do Not Track feature that tells websites you visit that you do not want your online activity to be tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to the collection of personally identifiable information from consumers who use or visit a website or online service as they move through different websites over time. The way in which browsers communicate the Do Not Track signal is not yet uniform. As a result, the website and services are not yet configured to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.

Announcements

We may allow certain third party companies to help us tailor advertising that we believe may be of interest to users and to collect and use other information about users' activities on the website. These companies may serve advertisements that may place cookies and otherwise track user behavior.

Affiliates

We may engage in affiliate marketing and have affiliate links present on the Website and Services. If you click on an affiliate link, a cookie will be placed in your browser to track sales for commission purposes.

E-mail marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to maintaining the confidentiality of your e-mail address and will not disclose it to third parties, except as permitted in the section on use and treatment of information or for the purpose of using a third-party provider to send such e-mails. We will maintain the information sent by e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all emails sent by us will clearly indicate from whom the email originated and provide clear information on how to contact the sender. You may opt out of receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. You will, however, continue to receive essential transactional emails.

Links to other resources

The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information security

We secure the information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of Personal Information under its control and custody. However, transmission of data over the Internet or a wireless network cannot be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations on the Internet that are beyond our control; (ii) the security, integrity and privacy of all information and data exchanged between you and the Website and the Services cannot be guaranteed; and (iii) such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data Breach

In the event that we become aware that the security of the Website and Services has been compromised or that users' Personal Data has been disclosed to unrelated third parties as a result of outside activity, including but not limited to security attacks or fraud, we reserve the right to take reasonably appropriate action, including but not limited to investigation and reporting, as well as notifying and cooperating with law enforcement authorities.

In the event of a data breach, we will use reasonable efforts to notify affected individuals if we believe there is a reasonable risk of harm to the user as a result of the breach or if notice is required by law. When we do so, we will post a notice on the website or send you an email.

Changes and modifications

We reserve the right to modify this Policy or its terms in connection with the Website and the Services from time to time at our discretion and will notify you of any material changes in the way we treat Personal Information. When we do so, we will revise the updated date at the bottom of this page. We may also notify you in other ways at our discretion, such as through the contact information you have provided to us. Any updated version of this Policy will be effective immediately upon posting of the revised Policy, unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or any other act specified at that time) will constitute your consent to such changes. However, without your consent, we will not use your Personal Data in a manner materially different from that stated at the time your Personal Data was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all of its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

How to contact us

If you wish to contact us for more information about this Policy or wish to contact us on any matter relating to individual rights and your Personal Information, you may do so through the contact form or by sending an e-mail to [email protected].

Document date: December 20, 2022.