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1. Acceptance of Privacy Policy

Welcome to Overnght Plus, LLC (“Overnght”, “we” or “us”) and our Privacy Policy (“Privacy Policy”). This Privacy Policy is important and affects your legal rights, so please read carefully.

By accessing or using www.overnght.com and various related websites and services (collectively, the “Site”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using the Site and/or submitting or collecting any personal data via the Site, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of personal information (referring to any information that relates to an identified or identifiable individual) and non-personal information (referring to information that does not identify you as a specific individual) provided by you in the manner described in this Privacy Policy. If you do not consent and agree with the terms of this Privacy Policy, you cannot, and we do not authorize you to, access, browse, or use the Site.

Our processing of personal information, such as your name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the California Consumer Privacy Act (“CCPA”), the General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”). The purpose of this Privacy Policy is to provide to users and potential users of our Site information about the nature, scope, and purpose of the personal information we collect, use and process and to advise data subjects of their rights. Whether we serve as the data controller or processor, we have implemented numerous technical and organizational measures to ensure the protection of personal information processed through the Site. However, Internet-based data transmissions may in principle have security gaps, so please understand that absolute protection is not assured.

Accountability with respect to your personal information is important to us. In the event that you have any questions (including how your personal information is managed), complaints or concerns about this Privacy Policy, or if you have reason to believe that we may have failed to adhere to it, please contact us anytime at support@overnght.com.

2. Information We Collect

Some portions of the Site require us to learn more about you so that we can best meet your needs.

2.1 Personal Information We Collect Directly From You

We receive personal information directly from you when you voluntarily provide us with such personal information, including, without limitation, the following:

• Personal information (such as your e-mail address and phone number);
• Demographic data (such as your gender, your date of birth and your zip code);
• Other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords, and personal information in messages that you send to us.

We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent. You may still access and use some portions of the Site if you choose not to provide us with any personal information, but features of the Site that require your personal information will not be accessible to you.

2.2 Information From Third Party Sources

Some third parties, such as our business partners and service providers, provide us with personal information about you, such as the following:

• Account information for third party services: If you interact with a third party service when using our Site, such as if you use a third party service to log-in to our Site (e.g., Facebook or Google), or if you share content from our Site through a third party social media service, the third party service will send us certain information about you if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service. You understand the information transmitted to us is covered by this Privacy Policy; for example, the basic information we receive from Facebook about you.

2.3 Information we automatically collect when you use our Site

In order to access and use certain areas or features of the Site, you consent to our collection and use of certain information about your use of the Site through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Site, search engines used, the internet protocol (IP) address used, the length of time spent on the Site, the pages you looked at on the Site, other webpages you visited before and after visiting the Site, the type of internet browser you have, the frequency of your visits to the Site, and other relevant statistics, including the following:

• Traffic Data: We also may automatically collect certain data when you use the Site, such as: (1) IP address; (2) domain server; (3) type of device(s) used to access the Site; (4) web browser(s) used to access the Site; (5) referring webpage or other source through which you accessed the Site; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Site (collectively, “Traffic Data”). Depending on applicable law, some Traffic Data may be personal information.

3. How We Collect Information

We collect information (including personal information and Traffic Data) when you use and interact with the Site, and in some cases from third party sources. Such means of collection include:

• When you use the Site’s interactive tools and services;
• When you voluntarily provide information in free-form text boxes through the Site or through responses to surveys, questionnaires and the like;
• If you use a location-enabled browser, we may receive information about your location and mobile device, as applicable;
• Through cookies, web beacons, analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
• When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.

4. Tracking Tools, Behavioral Advertising, and Opt Out Options

4.1. Tracking Tools

We may use tools outlined below in order to provide our Site to, advertise to, and to better understand users.

• Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Site. We use cookies to improve or tailor the Site, customize advertisements by tracking navigation habits, measuring performance, and storing authentication status so re-entering credentials is not required, customize user experiences with the Site, and for analytics and fraud prevention. For more information on cookies, including how to control your cookie settings and preferences, visit http://www.allaboutcookies.org.

• Some cookies are placed by a third party on your device and provide information to us and third parties about your browsing habits (such as your visits to our Site, the pages you have visited, and the links and advertisements you have clicked). These cookies can be used to determine whether certain third party services are being used, to identify your interests, and to serve advertisements relevant to you. We do not control third party cookies.

4.2. Behavioral Advertising

We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools, such as cookies, pixel tags, and web beacons, to collect information about a user’s online activities to display Overnght ads to the user based on the user’s interests (“Behavioral Advertising”). Such partners may include third-party service providers, advertisers, advertising networks or platforms, traffic measurement service providers, marketing analytics service providers, and other third party service providers (collectively, “Advertising Service Providers”). Other Tracking Tools used by our partners may collect information when you use the Site, such as IP address, mobile device ID, operating system, browser, web page interactions, geographic location and demographic information, such as gender and age range. These Tracking Tools help Overnght learn more about our users’ demographics and internet behaviors.

4.3. Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers allow you to reject cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Overnght’s cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Site.

• You may opt out of receiving certain cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile computing device. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer, tablet or mobile computing device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete cookies on your computer, tablet or mobile computing device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.

• Even after opting out of Behavioral Advertising, you may still see Overnght advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Overnght is no longer using Tracking Tools — Overnght still may collect information about your use of the Site even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the Site based on information it collects via the Site.

This Privacy Policy does not cover the use of cookies and other Tracking Tools by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that some cookies placed by third parties can continue to track your activities online even after you have left our Site.

4.4. How Overnght Responds to Browser “Do Not Track” (DNT) Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have his/her online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including Overnght, do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

5. How We Use Your Information

We may use information (including information that has been de-identified and/or aggregated) to better understand who uses the Site and how we can deliver a better user experience.

We use information, including personal information, to provide the Site and to help improve the Site, to develop new services, and to advertise (for example, to display Overnght ads on other web services). Specifically, such use may include:

• Providing you with the products, services and information you request;
• Responding to correspondence that we receive from you;
• Contacting you when necessary or requested, including to remind you of an upcoming appointment;
• Providing, maintaining, administering or expanding the Site, performing business analyses, or for other internal purposes to support, improve or enhance our business, the Site, and other products and services we offer;
• Customizing or tailoring your experience of the Site, which may include sending customized messages or information;
• Notifying you about certain resources or services we think you may be interested in learning more about;
• Sending you information about Overnght or our products or the Site;
• Sending emails and other communications that display content that we think will interest you and according to your preferences;
• Combining information received from third parties with information that we have from or about you and using the combined information for any of the purposes described in this Privacy Policy;
• Showing you advertisements, including interest-based or online behavioral advertising;
• Using statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
• Fulfilling our legally required obligations, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities;
• Resolving disputes;
• Protecting against or deterring fraudulent, illegal, or harmful actions;
• Enforcing Terms and Conditions and logins using geolocation; and
• Enforcing our Privacy Policy of Use and other agreements.