Introduction

This website (“Website”) is operated by Nightwing Group, LLC and/or its affiliates, subsidiaries, and/or parent companies (collectively, “Nightwing”). Nightwing is pleased to provide this Website, including all information, software, tools, products, and services available from or in connection with this Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting the Website, you acknowledge that you have read and agree to be bound by the following terms and conditions (the “Terms”). The Terms apply to all users of the Website, including without limitations, users who are browsers, vendors, customers, merchants, and/or contributors of information or content.

Limited License

Subject to the Terms set forth herein and all applicable local laws and regulations, Nightwing grants you a non-exclusive, non-transferable, personal, limited right to access, use and display this Website and its contents. This license is not a transfer of title to the Website and materials contained herein, and is subject to the following restrictions: (1) you must retain, on all copies of the Website and its contents, all copyright and other proprietary notices; and (2) you may not modify the Website or its contents in any way or reproduce or publicly display, perform or distribute or otherwise use the Website and its contents for any public or commercial purpose, except as otherwise specifically permitted herein.

Nightwing has three other privacy notices:

For this privacy notice, Nightwing defines personal information as any data that relates to an identified or identifiable person.

What personal information does Nightwing collect?

Information collected through our website analytics in the US only: Nightwing monitors user traffic patterns throughout the website according to a user’s domain name, browser type, date and time of access, and pages viewed. This information is collected in order to measure the number of visitors to our website and to determine which areas users find useful based upon the traffic to particular areas. Nightwing uses this information to enhance visitors’ experience and to better prepare future content based on the interests of visitors. Note that these analytics are only used for visitors from US locations.

Information collected directly from you: A visitor to our website may be asked to provide personal information to receive a response or some other service from Nightwing. The personal information that you may be requested to provide includes your name, email address and any information that you choose to provide. The collection of information will be transparent to you – you will be asked for it and will have the opportunity to decide whether or not to provide it. If you choose not to provide any of the personal information requested, Nightwing may be unable to complete the transaction you have requested.

Your mobile provider may have a conflicting privacy position that captures personal information when you visit our website. Nightwing is not responsible for and does not control how other parties may collect your information when you access our website(s).

How does Nightwing use the personal information it collects?

We may use your personal information for the following purposes, as well as for any other purpose to which you consent or is required by law:

• conduct basic business operations, such as communicate with customers and business planning;
• provide investor services;
• provide the information, item or service you have requested;
• communicate with you about products, services and events relating to Nightwing, to the extent that you have requested such communications and with the opportunity to opt-out;
• improve our products, services and websites;
• verify your identity to ensure security for one of the other purposes listed here;
• respond to a legitimate legal request from law enforcement authorities or other government regulators;
• investigate suspected or actual illegal activity;
• support the sale or transfer of all or a portion of our business or assets (including through bankruptcy); and/or
• conduct investigations to ensure compliance with, and comply with, legal obligations.

Information that individuals submit to express interest in, or be considered for, an employment opportunity with Nightwing is covered by the applicable Job Applicant Privacy Notice (see above for more information).

Your personal information will be used with your consent or to fulfill a legal obligation, and, in locations that permit it, for a legitimate interest.

How can you contact Nightwing?

If you have a question or concern about your Personal Information or want more information about which Nightwing entities are the data controllers for your Personal Information, you should contact your local HR representative or the Ethics Hotline. Here is contact information:

What personal information might Nightwing collect?

The personal information that Nightwing collects is subject to applicable legal requirements. Because this Notice covers a wide variety of situations, there may be data elements listed here that do not apply to your specific situation. Please contact Nightwing as described in the “How to Contact Nightwing” section below if you have any questions