Privacy policy.

Effective date: November 14, 2023

Welcome to Night Sky

EH Night Sky LLC., a Delaware limited liability company (“Night Sky”, “we”, “our”, “us”), operates the website located at the URL www.erinwest.co and any other websites or applications branded as Erin West, the “Website”). Night Sky respects your privacy rights and is committed to protecting the information we collect from you online.  This Website is operated in the United States and in accordance with the law of the United States.

Scope of Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal, company, financial and other information that you provide to us on the Website or otherwise, as well as how we care for your privacy and protect such information. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service), or (iii) otherwise provides any personal, company, financial or other information to us.

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH NIGHT SKY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING 

THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Website may contain links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties may have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collected

We may collect the following information:

  • Your name, addresses, telephone numbers (including mobile telephone numbers), email addresses, date of birth, username, password and other personally identifiable information;

  • Certain demographic profile information to be used in the aggregate, such as your age, gender, occupation, hobbies, interests, zip/postal code or country. Demographic information is not considered personal information unless it is linked to personal information about a specific user;

  • Service provider name and the date, time and content of any messages sent from you to us;

  • IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, Internet protocol address, operating system type, browser type and language) and user-specific or aggregate information on what pages you access on the Website). Technical information is not considered personal information unless it is linked to personal information about a specific user;

  • Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;

  • Information provided on any application or authorization, such as your location, your handset type, your UDID (unique handset code) and any other information you or your mobile device provides to us;

  • Information regarding purchase of and uses of our services; and

  • Other information provided to us in any way, shape or form.

Currently we are using Squarespace and Google Analytics to analyze the audience of the Website and improve our content.

How Information is Collected

We may collect information in one or more of the following ways:

  • Through the completion of electronic forms found on the Website, whether via computer or mobile device;

  • Through SMS (Short Message Service) messages sent via cell phone, or through email and other communications;

  • Through telephone calls and/or emails made to us, or vice versa;

  • Through surveys;

  • Through referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others;

  • Through the maintenance and analysis of Website server logs; and

  • Via “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means (for more information, see “Use of Web Technologies” below).

Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.  You may not be able to access certain features of the Website if you choose not to register for an Account.

Use of Information / Data Collected

We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. While we do not currently use third-party services that display customized content and advertising provided by us, we may do so in the future. We may also use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company, to promote our products and services, and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you.  

We do not share, rent, sell or otherwise disclose the personal information we collect from you to third parties for direct marketing purposes.  We may share aggregate or non-personal information for any legally permissible purpose. We do not use your personal information to make automated decisions.  We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services. We may also use the information you provide to market products and services to you. We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications. We may also use information provided by you to manage your Account.

We may store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. We will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

We may add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We currently use geolocation for purposes of tracking your location when you use the Website to better target product and service offerings and other information to you.

We will never sell or share your mobile telephone number to third parties without your written consent. If you opt in to receive SMS messages from us to your mobile telephone number, you will receive, on average, one SMS message each day. These message may be related to products or services you have purchased or in connection with promotion of our products or services. Message and data rates may apply.

We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.

Use of Web Technologies

Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We may link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use the Website but your ability to use some areas of the Website may be limited.

Tracking Pixels

We may employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.

We may also use tracking pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Opting Out” section of this Privacy Policy below.

Log Files

As is true of most websites, we gather information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

Do Not Track

When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Security

We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry-recognized security safeguards such as site monitoring, firewalls and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.  

Please note that the personal information you provide to us will be processed in the United States of America or other countries where laws regarding processing of personally identifiable information may be less stringent than the laws in your country.

No Information Collected from Children

The content and services provided by us or our affiliates, sponsors and advertisers are not intended for children under the age of 13. If you are under the age of 18 or otherwise not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

Communications

Based upon the personally identifiable information that you provide to us, we may send you  welcome emails. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. Except for emails regarding your Account or any orders for products or services, you may unsubscribe to communications from us by clicking the “unsubscribe” link in our emails.

Opting Out

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please click the “unsubscribe “ at the bottom of our emails or send an email to bonjour@erinwest.co, with the word “REMOVE” in the subject line. You may unsubscribe permanently from of any SMS messages you opted into by texting the word “STOP.” You may temporarily pause any SMS messages you opted into by emailing bonjour@erinwest.co, with the words “PAUSE SMS” in the subject line.

Visitors GDPR Rights

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifiersuch as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include: You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company.

As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data. We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you.

We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.

Privacy Policy Updates

We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at bonjour@erinwest.co. By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have agreed to and accepted this Privacy Policy.

Manage Accurate Information

If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by email at the contact information listed below to assist you with changes to your Account. To the extent your Account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

International Users

Night Sky is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. Those who choose to access the Website or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.  By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

Business Transitions

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We may transfer your information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We may also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

Additional Information or Assistance

If you have any questions or suggestions regarding this Privacy Policy, please contact us at email: bonjour@erinwest.co.

The data controller responsible for your personal data is EH Night Sky LLC, reachable at bonjour@erinwest.co.