Privacy

Privacy Policy

Last Revised: September 5, 2018

Introduction

Night Away is firmly committed to protecting the privacy and confidentiality of personal information. Night Away maintains robust physical, electronic and procedural safeguards to protect personal information in its care. Night Away is bound by the Canadian Privacy Act (R.S.C., 1985, c. P-21), as well as other applicable laws and codes. By using the Night Away website(s), you are consenting to Night Away collecting, using and disclosing your personal information. This information is collected from you for the purposes of:

  • providing you with the Night Away Services;
  • identifying you;
  • managing and administering the Night Away Services; and
  • protecting against fraud (or suspected fraud).

The information Night Away may collect may include your name, address, date of birth, email address and such other information that is considered reasonably necessary. Where possible, Night Away will collect the personal information directly from you. In some circumstances, however, Night Away may need to collect this information from a third party. For example, Night Away may collect, from the provider of a payments platform where your transactions are stored, information about the transactions you undertake. Night Away may also collect information from other participants in the payments system and other financial institutions in order resolve disputes or errors. If you do not provide some or all of the information requested, Night Away may be unable to provide you with the requested products and services.

Providing your information to others

Night Away may provide your information:

  • to another member of its group;
  • to any outsourced service providers;
  • to regulatory bodies, government agencies, law enforcement bodies and courts;
  • to other parties as is authorised or required by law; or
  • to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of the prepaid card or third parties using your prepaid card or information stored on your prepaid card.

Digital services

We provide information and services through a range of digital and online services including websites, apps, email, online advertisements, and social media. These services may be operated by us or other group companies to provide you with a personalized use of each of those products and services and provide targeted marketing.

We may use “cookies”. A cookie allows our servers to identify and interact more effectively with you and your device(s). The cookie assists us in maintaining the continuity of your browsing session (e.g. to maintain a shopping cart) and remembering your details and preferences when you return.

Our systems record a variety of information relating to interactions with our website. This information may include the software versions used, device identifiers (e.g. IP addresses), location data (where available and not disabled by the user), dates, times, file metadata, referring website, data entered and user activity ,such as links clicked.

In some cases third parties may use cookies and other technologies such as those described above. These technologies may be used in connection with activities like surveys, online behavioral advertising, website analytics and email campaign management. The services we may use from time to time include Google Analytics, Google Display Network, DoubleClick, Yahoo, Adobe, Campaign Manager and Microsoft. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct. You may need to opt-out separately from each service.

The website youronlinechoices.com.au also allows you to opt-out of some online behavioral advertising and provides further information about how online behavioral advertising works. You can contact us to request further details of the services we use. Many of these services operate without collecting or using any personal information.

Our online services may contain links to other sites. We are not responsible for the privacy practices or policies of those sites and recommend that you review their privacy policies.

Accessing your personal information

Subject to the provisions of the Privacy Act 1985, you may access any of your personal information at any time by calling Night Away. Night Away may charge you a reasonable fee for access. If you can show that information about you is not accurate, complete and up to date, Night Away will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.

There may be circumstances when Night Away may be unable to provide you with access or to correct your information, in which case Night Away will provide you with a written reason.

You may contact Night Away via its website at nightaway.ca.

Complaints

If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached the Privacy Act) you may do so by contacting us in writing, by mail or email to the address or email address set out at the end of this Privacy Statement. If a complaint is made, please include contact details such as email address, name, address and telephone number and clearly describe the complaint. We will investigate the complaint and respond promptly. If you consider that we have failed to resolve the complaint satisfactorily, you can contact the Office of the Canadian Information Commissioner.

For access and correction enquiries and complaints, please contact us using the contact details provided below.

Anonymity

Where it is lawful and practicable, we will provide you with the option to deal with us and use our services without identifying yourself.

Further information

For further information about our privacy policies or practices please visit our website at https://nightaway.ca or contact us by email.

Changes to this privacy statement

From time to time it may be necessary for Night Away to review and revise this privacy statement. Night Away reserves the right to change this privacy statement at any time, should this occur the amendment would be posted on the Night Away website.

To contact us – please email:  support@nightaway.ca

 

 

Disclaimer

By using the Night Away services, you accept the following conditions:

  1. Night Away accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through any Night Away website and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the maximum extent permitted by law or statute, Night Away excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through any Night Away website whether or not caused by any negligence on the part of Night Away or its customers or agents.
  2. Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through any Night Away website either as a result of hacking or material placed on linked websites. Night Away makes no representations as to the suitability of the information accessible for viewing by minors or any other person.
  3. To the maximum extent permitted by law or statute you assume all risks associated with use of any Night Away website including, without limitation:
    1. the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via any Night Away website or your access to it; or
    2. the risk that the content of any Night Away website and linked websites complies with the laws of any country outside Canada.
  4. your use of any Night Away website may be logged for the purpose of security and usage monitoring.
  5. Unauthorised use of any Night Away website could result in criminal prosecution.
  6. All of the Night Away sites are hosted on web servers in Canada. These terms are governed by the law in the force in Canada and any dispute about these terms or the contents of any Night Away website are subject to the exclusive jurisdiction of the courts of the Canadian Government and the courts of appeal from them. By your accessing the Night Away website you agree to submit to those Courts – the exact location is at Night Away’s discretion – to hear and determine any issue arising out of or touching on these terms and conditions.

 

Acceptable Usage

These usage guidelines describe the proper kinds of conduct and prohibited uses of Night Away services (“Night Away Services”) provided by Night Away. These usage guidelines are not exhaustive and Night Away reserves the right to modify them at any time, effective upon posting of the modified usage guidelines to https://www.nightaway.ca. By registering for and using the Night Away Services, and thereby accepting the Night Away Terms and Conditions, you also agree to abide by these usage guidelines as modified from time to time. Any violation of these usage guidelines may result in the termination of your account in the manner described in the Night Away terms and conditions.

  1. YOUR GENERAL RESPONSIBILITIES

The Night Away Services enable you to advertise escort services, obtain web design services for escorts and search for information. Generally, Night Away will not actively monitor, censor, or directly control any use that is made of the Night Away website, however, Night Away provides the Night Away Services with the goals of

1.1. ensuring security, reliability and privacy of the Night Away Services and the users of the Night Away Services; 1.2. maintaining an image and reputation of Night Away as a responsible provider of escort services; and 1.3. encouraging the responsible use of the Night Away Services and discouraging any degrading, libelous or illegal uses.

Consequently, Night Away expects you, and all other users of the Night Away Services, to use them with courtesy and responsibility. Violation of these usage guidelines is strictly prohibited and may result in the immediate termination of the Night Away Services you receive from Night Away. You remain solely liable and responsible for your use of the Night Away Services and any and all content that you display, upload, download or transmit through the use of the Night Away Services. Indirect or attempted violations of these usage guidelines, and actual or attempted violations by a third party on your behalf, are deemed to be violations of the usage guidelines by you.

  1. ILLEGAL OR HARMFUL USE

You may use the Night Away Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited. Night Away reserves the right, at its sole discretion, to restrict or prohibit any and all uses of the Night Away Services or content in your advertisements and to remove any materials from its servers as it considers at its sole discretion to be harmful to its servers, systems, network, reputation, good will, other Night Away customers, or any third party. Examples of such material include, without limitation, any material that falls within the following categories:

Infringement

Material which is an infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, rights to keep information confidential, or other intellectual property rights used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials

Material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Harmful Content

Material which constitutes the dissemination or hosting of harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct

Material which offers or disseminates fraudulent goods, services, schemes, or promotions (for example and without limitation, make money fast schemes, chain letters, pyramid schemes), or the furnishing of false data on any signup forms, contracts or online applications or registrations, or the fraudulent use of any information obtained through the use of the Night Away Services, including, without limitation, the use of credit card numbers.

  1. SYSTEM AND NETWORK SECURITY AND INTEGRITY

Violations of Night Away’s or any third party’s server, system or network security through the use of the Night Away Services are prohibited, and may result in criminal and civil liability. Night Away may, at its sole discretion, investigate incidents involving such violations. Night Away may involve and cooperate with any law enforcement agency if a criminal violation is reasonably suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking

Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception

Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference

Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also includes, without limitation, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user s terminal session, via any means, locally or by the Internet.

Falsification of Origin

Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers.

Avoiding System Restrictions

Using manual or electronic means to avoid any use limitations placed on the Night Away Services such as timing out.

Failure to Safeguard Accounts

Failing to prevent unauthorized access to accounts, including any account passwords.

  1. E-MAIL

You may not distribute, publish, or send any of the following types of e-mail:

4.1. Unsolicited promotions, advertising or solicitations (commonly referred to as spam), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. 4.2. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. 4.3 Harassing e-mail, whether through language, frequency, or size of messages. 4.4. Chain letters. 4.5. Malicious e-mail, including without limitation mailbombing (flooding a user or Web site with very large or numerous pieces of mail) or trolling (posting outrageous messages to generate numerous responses). 4.6. E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use Night Away’s mail server or another website’s mail server to relay mail without the express permission of the account holder or the website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

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