Private Policy & Terms and Conditions
Private Policy & Terms and Conditions
personal data we collect online (e.g., through our websites and mobile apps), and offline
(e.g., through customer support hotlines and in-person promotional activities) (collectively,
may use and share the data, and the privacy choices that you have with respect to our
handling of personal data about you.
How We Collect Information
We may collect personal data from various sources, including:
● Directly from you, at your direction or with your consent
● Information and content you provide
● From companies that organize events or programs at our museums
● From our vendors and other third parties who join with Nocktern band in initiatives
and projects (such as advertisers, fellowship sponsors, etc.)
● Automatically, from devices that you use to connect to our Sites
From time to time, we may use or augment the personal information we have about you with
information obtained from other sources, such as public databases, social media platforms
and other third parties. For example, we may use such third party information to confirm
contact or billing information, to verify professional affiliations or to better understand your
interests by associating demographic information with the information you have provided.
Types of Information We Collect
The types of personal data we may collect may include:
● Contact information, such as name, email address, postal address, and phone
● Demographic information, such as date of birth, gender, and zip code;
● Content you make available through social media accounts (e.g., when you sign in
using social media plug-ins)
● Billing information, such as credit card details, billing address, and proof of
● Membership information, such as your name and any information you submit in
connection with your member profile.
How We Use Your Information
We may use the information we collect to:
● Respond to requests, questions, and comments
● Manage ticket sales and group reservations
● Offer mission-related products and services that we believe may be of interest to you
and the public
● Fulfill, manage, and send you information about your orders
● Offer and administer promotions, events, or other content
● Conduct market research and administer surveys
● Provide you with newsletters, articles, announcements, invitations, and other
information about our work and our future events
● Provide and manage memberships
● Collect and process donations
● Analyze and enhance our communications and strategies (including by identifying
when emails have been received and read)
● Tailor the content we display to Site users in our communications, and in connection
with the use of our Sites
● Generate anonymized data for further data analytics
● Comply with legal requirements, judicial process, and our policies (including to verify
Site users’ identity in connection with access or correction requests); and
● Protect against, identify, investigate, and respond to fraud, illegal activity (such as
incidents of hacking or misuse of our Sites), and claims and other liabilities, including
by enforcing the terms and conditions that govern the use of the Sites
We may also aggregate any personal data that we collect in connection with our Sites, such
that the information is no longer personally identifiable or attributable to you. We may use
such aggregated information for our own legitimate business purposes without restriction.
How We Share Your Information
We may share the information we collect with:
● Other third parties who join with Nocktern’s initiatives and projects
● Other members or donors in limited circumstances
● Other cultural organizations in limited circumstances
● Others within our organization
● Service providers that perform services on our behalf or others with whom we may
- Other third parties with whom we jointly develop or offer programs or events
- Marketing organizations
- Survey and market research providers
- Payment processors
- Analytics organizations
- Technology providers (including technology support, email and web hosting
providers, email and text communications providers, and website and mobile
We may also disclose personal data to comply with a legal or regulatory obligation, protect
and defend Nocktern’s rights or property, protect the safety of our visitors and Site users or
the public, or to protect against legal liability.
Unless prohibited by applicable law, we reserve the right to transfer the information we
maintain in the event we sell or transfer all or a portion of our organization or assets.
If we engage in such a sale or transfer, we will – where required by applicable law – make
reasonable efforts to direct the recipient to use your personal data in a manner that is
recipient with any inquiries concerning the processing of your personal data.
Our Legitimate Interests
We process your information given our legitimate interests in providing the public with
access to our events, programs and membership. We may also process your information
given our legitimate interest in undertaking marketing activities and collecting donations to
promote and fund activities and programs in furtherance of our mission.
Content Submitted by Users
Some features of the Sites may allow you to post content on our websites or mobile apps in
the future, or social media pages, such as product reviews. Content that you provide may be
shared publicly or with other users or third parties.
We do not knowingly collect personal data from children under age 13. If we learn that we
have collected personal data from a child under the age of 13, we will delete that
Your Rights and Choices
Individuals in certain jurisdictions, such as in the European Union, may have certain rights
and choices regarding Nocktern’s processing of their personal data. We reserve the right to
verify your identity in connection with any requests regarding personal data to help ensure
that we provide the information we maintain to the individuals to whom it pertains, and allow
only those individuals or their authorized representatives to exercise rights with respect to
If Nocktern relies on your consent for the processing of your personal data, we will obtain
your consent at the time we collect your personal data. To the extent provided by applicable
law, you may withdraw any consent previously provided to us, or object at any time on
legitimate grounds, to the processing of your personal data. We will apply these preferences
going forward. In some circumstances, withdrawing consent to our use or disclosure of your
personal data will mean that Nocktern may no longer be able to provide you with services or
information about events or initiatives that may be of interest to you.
Access to Personal Data
You may access the data we maintain about you by submitting a request to
firstname.lastname@example.org for inquiries relating to Nocktern, and for inquiries relating to our work.
If we grant your request, we will provide you with a copy of the personal data we maintain
about you in the ordinary course of business, in a commonly used format. You may request
to correct any errors in your personal data. We may reject your request to access or correct
personal data, as permitted by applicable law. If we reject your request, we will notify you of
the reason(s) for the rejection.
Portability of Personal Data
Under certain conditions, you may request that we transfer your personal data to another
entity in the format in which we maintain it in the ordinary course of business. We may reject
your request, as permitted by applicable law. If we reject your request, we will notify you of
the reason(s) for the rejection.
Deletion of Personal Data
You may request that we delete your personal data by sending an email to
email@example.com. We may reject your request, as permitted by applicable law. For
example, Nocktern may be required by legal, tax or other reasons to retain your personal
data in its business or donation records. If we reject your request, we will notify you of the
reason(s) for the rejection.
You may unsubscribe from receiving marketing or other commercial emails from Nocktern by
following the instructions included in the email that we will send to you after you notify us
about your wish. However, even if you opt out of receiving such communications, we retain
the right to send you certain other types of communications (such as information about your
Cookies and Advertising
We, our service providers, and other third parties may also collect certain information about
the use of our Sites by automated means, such as cookies, web beacons and other
We, our service providers and other third parties may collect information about Site users’
online activities over time and across third-party websites and our Sites.
The information that may be collected by automated means includes:
● URLs that refer users to our Sites
● Search terms used to reach our Sites
● Details about the devices that are used to access our Sites (such as IP address,
browser type, and operating system information)
● Details about users’ interaction with our Sites (such as the date, time, frequency, and
length of visits, specific content and pages accessed and buttons clicked during the
visits, and information provided by you, including email addresses)
● Web browsers may offer users of our Sites the ability to disable receiving certain
types of cookies; however, if cookies are disabled, some features or functionality of
our Sites may not function correctly.
To support and enhance the services provided through our Sites, we may display
advertisements, and also allow third parties to display advertisements, through our Sites.
Advertising cookies (or targeting cookies) collect information about the browsing habits
associated with your device and are used to make advertising more relevant to you and your
interests. They are also used by services provided by third parties on our Sites, such as
‘Like’ or ‘Share’ buttons, in addition to providing the requested functionality. Third parties
provide these services in return for recognizing that you (or more accurately your device)
have visited a certain website. These third parties put down advertising cookies both when
you visit our Sites and when you use their services and navigate away from our Sites.
These advertisements are sometimes targeted and served to particular users and may come
from third party companies called “ad networks.” Ad networks include third party ad servers,
ad agencies, ad technology vendors and research firms. We are not responsible for the
privacy practices of these ad networks and other parties. Advertisements served through
the services may be targeted to users who fit a certain general profile category created by
the third party, which may be inferred from information you provide to us, based on your
services usage patterns, or based on your activity on Third Party Services (as defined in this
Some of the third parties that collect information about your activities on our Sites may be
members of organizations or programs that provide you with choices regarding the use of
your browsing behavior for purposes of targeted advertising. Please note that we may also
work with companies that offer their own opt-out mechanisms which will use different types
of opt-out mechanisms.
Because there is not yet a consensus on how companies should respond to web
browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based
DNT signals at this time. Please note that not all tracking will stop even if you delete
Links to Other Websites and Third Party Content
We may provide links to other websites, services, and applications that are not operated or
Party Services. While we attempt to facilitate access only to those Third Party Services that
share our respect for your privacy, we cannot take responsibility for the content, privacy
policies, or practices of those Third Party Services. We encourage you to review and
understand the privacy practices of any Third Party Services before providing any
information to or through them. Your interactions with these features are governed by the
International Data Transfers
We may transfer your personal data for processing in countries other than the country in
For example, if you are located outside of the European Union, we typically transfer and
process all personal data in the European Union, where Nocktern are based.The countries
to which we transfer personal data may not guarantee the same level of protection for
personal data as the one in which you reside. By using the Site, you consent to the transfer
of your information to Europe.
How We Protect Information
Nocktern maintains reasonable administrative, technical and physical safeguards designed
to protect the personal data we maintain against accidental, unlawful or unauthorized
destruction, loss, alteration, access, disclosure or use.
Despite these efforts, however, no organization, including Nocktern, can fully eliminate risks
or guarantee the security of personal data. Unauthorized entry or use, hardware or software
failure, and other factors may compromise the security of information about you at any time,
and we bear no liability for uses or disclosures of personal data or other data arising in
connection with theft of the information or other malicious actions.
We retain personal data for as long as is necessary for the processing purpose(s) for which
the data was collected, and any other permissible, related purpose. When we no longer
need the personal information we collect, we either anonymize the information or securely
destroy the information.
visiting this page. We will also notify you of any material changes either through a pop-up
notice, email or through other reasonable means.
contact us at firstname.lastname@example.org.
Collection, or using the following information:
Nocktern / Glitch Lab
1505, Oborishte, 29 G. Benkovski str.
Nocktern 2021 ℗ All rights reserved.
Terms and Conditions
Nocktern provides the www.nocktern.net website, as well as various microsites and
subdomains, and related services, including mobile website in order to share more of the
band’s musical works, art works, story, events and everything connected to Nocktern’s
projects to the public. We encourage you to use the Site as a research and information tool,
subject to the specific terms and conditions of use (the “Terms and Conditions of Use”) set
Acceptance of Terms and Conditions
By accessing the site, you accept without limitation or qualification these terms and
conditions of use. Nocktern may revise these terms and conditions of use at any time, which
revisions shall be binding upon you should you continue to use the site. If you do not wish to
be bound by these terms and conditions of use, please exit the site now and refrain from
Nocktern has created and compiled the Site with careful regard for accuracy and integrity.
We believe that the context in which we present material is important to understanding it,
and we will improve, modify, enhance, and expand the Site on a continuous basis. Thus,
while we recognize that the Site may allow you to access subsets of this material, we urge
you to consider the complete context for maximum appreciation and accuracy.
Protection of Privacy
Nocktern and all of the band’s partners are committed to protecting the privacy of its website
visitors in accordance with applicable laws and regulations. All information gathered from
note that the Site is not specifically dedicated to children and that Nocktern does not actively
solicit information from children. Children under the age of 13 must obtain permission from
an adult before submitting information to the Site.
Many of the names, titles, building images, trademarks, service marks, and logos that
appear on the Site are marks of Nocktern. The trademarks of third parties may also appear
on the Site from time to time. Nothing contained on the Site should be construed as granting,
expressly or implicitly, by estoppel or otherwise, any right or license to use Nocktern
Trademarks or any other trademarks displayed on the Site without the express written
permission of Nocktern or the applicable third party trademark owner.
Copyrights and Authorized Uses
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and
documentation, which appear on the Site, are either proprietary to Nocktern or used in
accordance with applicable law or third-party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate
derivative works of, or otherwise use the Content or the Compilation without the prior written
permission of Nocktern:
Nocktern provides dedicated pages on the Site for members of the press. Except where
noted otherwise, photographs, images, press releases, and articles (the “Press Materials”)
that appear on these pages may be downloaded, reproduced, and published (and in the
case of text-based materials, translated) by members of the press for the sole purpose of
creating or supporting timely news stories related to Nocktern and its work and events. Use
of the Press Materials for any other purpose requires the additional, prior written permission
of Nocktern and may also require the additional, prior permission of third-party rights
holders, which permissions are the press user’s sole responsibility to obtain. Press Materials
may not be downloaded, reproduced, or published by commercial stock houses or archives
under any circumstances.
To the extent you choose to use subsets of information from the Press Materials, you agree
that your use will not compromise their original context, accuracy, and integrity. Photographs
and other images must be reproduced in their entirety; you may not crop or otherwise alter
Citations and Crediting
All of the above permitted uses are subject to the following terms:
● You must cite the author and source of the Content as you would material from any
● You must cite the applicable Site URL as the source of the Content, but not in any
way that implies endorsement of you or your use of the Content.
● You must include any copyright, trademark, and other proprietary notices, including,
without limitation, artwork attribution information, captions and credit lines (e.g.,
artist’s name, title and date of the artwork, medium, owner of the work, the work’s
designated accession number and the name of the image photographer), which are
placed in or near, or otherwise identify, the Content.
● You must comply with all terms or restrictions other than copyright (such as
trademark, publicity and privacy rights, or contractual restrictions) as may be
specified in the metadata or as may otherwise apply to the Content.
● All Other Uses of Nocktern Trademarks and Content
● If you desire to use Nocktern Trademarks or Content other than as permitted herein,
you must obtain Nockter’s prior written permission. Nocktern maintains an active
licensing program for commercial use of its intellectual property assets, including use
of the Nocktern Trademarks, building images, images of select artworks, and other
proprietary content that may appear or be referenced on the Site. For more
information on our Licensing Program, or to request permission related to your
product, service, or promotion thereof, send us an email at email@example.com.
Nocktern does not entertain requests for permission to reproduce or otherwise use text,
design, audio, and video components from the Site;
You may also be required to clear third party rights in Content you use, the sole responsibility
for which will be your own (see Use of Third-Party Trademarks and Images below).
Use of Third-Party Trademarks and Images
If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear
on the Site but do not belong to Nocktern, you should contact the third parties who are
referenced as the rights holders. Nocktern assumes no responsibility for ascertaining
whether such rights are valid, whether all of the rights holders are specified alongside
Content described or for securing such rights on your behalf.
Reservation of Rights
All rights not expressly granted by Nocktern herein are specifically and completely reserved.
Nothing on the Site or in these Terms and Conditions, expressly or implicitly, by estoppel or
otherwise, any right or license to use any content or property of any third party, or may be
construed to mean that Nocktern has authority to grant any right or license on behalf of any
Links to the Site
Nocktern appreciates the interest of others in linking to the Site. If you arrive at the Site from
a third-party link, please note that a link to the Site does not imply a relationship with, or
endorsement of, the third-party site or its content, purpose, policies or business practices.
Any communication or material you post, transmit, or distribute to the Site by electronic mail,
through forums or interactive features of the Site, or otherwise, including any images, data,
concepts, techniques, know-how, or other content, questions, comments, suggestions, or the
like (collectively, “Your Content”), is and will be treated by Nocktern as non-confidential and
nonproprietary. Your Content may be used by Nocktern and its affiliates for any purpose,
including but not limited to, for any reproduction, display, performance, transmission,
publication, or broadcast purpose, as well as be modified by Nocktern, disclosed to law
enforcement entities or others, or used for developing, manufacturing, and marketing
products in any medium, throughout the world. Any of Your Content posted to discussion
forums on the Site may also be freely used, copied, and distributed by others, without your
permission, in any medium throughout the world. By participating in or contributing to any
forum or other interactive feature of the Site, you agree to be bound by any rules posted by
Nocktern in connection with the forum or other feature.
To the extent you do not own the rights to Your Content, Nocktern requires you to obtain any
necessary permissions from the third-party owners before posting, distributing or otherwise
making available Your Content on the Site. You acknowledge and agree that you will not
upload, distribute, or otherwise post or link to any information, materials, or modifications to
the Site that: (a) is libelous, defamatory, threatening, abusive, obscene, unlawful, or that
encourages a criminal offense; (b) contains any viruses or other code, file, or program that is
designed to interrupt, destroy, or limit the functionality of any computer software, hardware,
or telecommunications equipment; (c) attempts to circumvent, disable, or override any
encryption features or other protections of the Site; (d) infringes the copyright or other
proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (e)
forges headers or otherwise manipulates identifiers in order to disguise the origin of any
content posted; (f) intentionally interferes with or destructs the Site or servers or networks
connected to the Site; or (g) or contains any advertising, promotional, or solicitation material.
You acknowledge that any submission you make to the Site (including without limitation
comments, blog entries, forum messages, audio, video, or photographs) may be edited,
removed, modified, altered or changed, including in a manner not agreeable to you.
Nocktern specifically reserves the right to delete, move, or edit submissions that, in its sole
discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as
submissions that Nocktern believes may violate copyright laws or trademark laws or are
otherwise unacceptable. You acknowledge that Nockterm cannot and does not review every
submission to the Site and is not responsible for the content of such messages.
Digital Millennium Copyright Act; Communications Decency Act
Nocktern is required by law to expeditiously remove from its servers, or disable access to,
any of Your Content which Nocktern learns or becomes aware is infringing of a third party
copyright. It is Nocktern’s policy to terminate a user’s access to the Site when that individual
or institution repeatedly infringes another’s copyright. Consistent with applicable law,
Nocktern reserves the right to expeditiously remove any of Your Content from its servers that
allegedly infringes a third party’s copyright or the other provisions of these Terms and
Conditions, and to terminate access to the Site by an individual or institution that is a repeat
infringer. Nocktern will in no way be held liable for terminating access to Your Content or the
Site or for failure to notify the terminated user in advance of disability access to such content
or the Site.
User Warranty and Indemnification
By using this Site in any manner, you represent and warrant that your use will be consistent
with the Terms and Conditions of Use. You agree to indemnify, defend, and hold harmless
the Guggenheim from all claims, causes, costs, expenses, fees (including reasonable
attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your
Content or your use of the Site.
Disclaimer of Warranties
Nocktern provides the site on an “as is” basis. Your use of the site, content, and compilation
is at your own risk. Nocktern disclaims all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness for a particular
purpose, copyright ownership and/or non-infringement of copyrights or other third-party
proprietary rights. Nocktern does not warrant that the site will provide continuous, prompt,
secure, or error-free service. Nocktern makes reasonable, ongoing efforts to revise and
update the site but assumes no liability for any errors or omissions, including the inaccuracy
of content, or for any damages or losses that you or any third party may incur as a result of
the unavailability of the site. Nocktern assumes no responsibility, and shall not be liable for
any damage to your computer equipment, data, or other property arising from your use of
the site, whether due to a computer virus or otherwise.
Limitation of Liability
Neither Nocktern, its sponsors, or collaborators, shall have any liability for any damages,
including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or
consequential damages (even if we have been advised of the possibility of such damages)
arising from or related to your use of the site, content, your content, and/or compilation,
notwithstanding the failure of essential purpose of any remedy.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions is held to be
invalid, unlawful, or unenforceable, then that provision shall be deemed severed and deleted
from these Terms and Conditions and shall not in any way affect the validity, legality, and/or
enforceability of the remaining provisions. Nocktern’s failure to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver of such right or
provision unless agreed to in writing by Nocktern.
Applicable Law and Jurisdiction
These Terms and Conditions and any amendments thereto shall be governed by and
construed in accordance with the laws of the whole world, without regard to principles of
conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in
connection with, or related to these Terms and Conditions shall be decided according to the
Bulgarian current legislation, and the parties hereby waive any objection that they may have
to personal jurisdiction in Bulgarian court.
These Terms and Conditions incorporate by reference any notices on the Site and, together
and supersede all prior agreements and understandings between the parties hereto with
respect to the subject hereof. Nocktern may at any time revise these Terms and Conditions
of Use by updating this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the then-current Terms and Conditions of Use.
Nocktern 2021 ℗ All rights reserved.