Nitehawk Privacy Policy

Nitehawk LLC (“Nitehawk,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through this Privacy Policy (“Policy”).

This Policy describes how we collect, use, store, disclose, and process information when you access or use our websites, software, dashboards, APIs, integrations, analytics, automation tools, AI-powered services, and related products and services (collectively, the “Services”).

By accessing or using the Services, you acknowledge and agree to the practices described in this Policy.

1. Information We Collect

We may collect the following categories of information:

(a) Account & Contact Information

Including:

• name;
• business name;
• DBA name;
• restaurant/store information;
• email address;
• phone number;
• billing information;
• login credentials;
• account preferences.

(b) Operational & Platform Data

Including:

• third-party delivery platform (“DSP”) data;
• storefront status and uptime data;
• order data;
• refund and dispute data;
• payout and recovery data;
• pricing data;
• menu data;
• promotional and advertising data;
• campaign performance data;
• reconciliation data;
• POS and aggregator reporting data;
• API and integration data;
• analytics and reporting metrics.

(c) AI & Automation Data

Including:

• optimization inputs;
• pricing parameters;
• campaign parameters;
• automation rules;
• AI-generated recommendations;
• automated execution data;
• machine-generated analytics and outputs.

(d) Technical & Usage Information

Including:

• browser type;
• device information;
• IP address;
• usage activity;
• access logs;
• cookies and similar technologies;
• interaction metrics.

2. How We Use Information

We may use collected information to:

• provide, maintain, and improve the Services;
• monitor storefront uptime and operational status;
• automate storefront reactivation;
• perform dispute and revenue recovery services;
• provide reconciliation and reporting services;
• optimize pricing, campaigns, and promotions;
• generate AI-assisted recommendations and analytics;
• automate workflows and operational actions;
• process payments and invoices;
• communicate with users;
• maintain security and prevent fraud;
• comply with legal obligations; and
• develop new products, features, and functionality.

3. AI & Automated Processing

Certain Services utilize:

• artificial intelligence;
• machine learning;
• automated decision-making systems;
• automated optimization systems;
• automated campaign execution; and
• automated pricing adjustment tools.

These systems may:

• analyze operational and transactional data;
• generate recommendations;
• automate workflows; and
• automate pricing or promotional changes within customer-approved parameters.

Nitehawk does not guarantee the accuracy, effectiveness, or financial performance of AI-generated outputs or automated actions.

4. How We Share Information

We may share information with:

(a) Service Providers

Third-party vendors, subprocessors, technology providers, hosting providers, analytics providers, automation providers, payment processors, and other service providers engaged to support the Services.

Certain Services may be provided on a fully white-labeled basis.

(b) Platform Integrations

Third-party delivery platforms, POS systems, aggregators, APIs, and integration partners necessary to provide the Services.

(c) Legal & Compliance

Where required:

• by law;
• court order;
• subpoena;
• governmental request;
• regulatory obligation; or
• to protect rights, safety, or property.

(d) Business Transfers

In connection with:

• mergers;
• acquisitions;
• financings;
• asset sales; or
• reorganizations.

5. Aggregated & De-Identified Data

Nitehawk may use aggregated, anonymized, or de-identified data to:

• improve the Services;
• develop new products and features;
• generate analytics and benchmarking; and
• perform operational and industry analysis.

Nitehawk does not use customer-specific confidential data to train public foundation AI models.

6. Payment Processing

Payments may be processed through third-party PCI-compliant payment processors, including Stripe.

Nitehawk does not store full payment card numbers on its own servers.

7. Data Retention

We retain information for as long as reasonably necessary to:

• provide the Services;
• comply with legal obligations;
• resolve disputes;
• enforce agreements; and
• maintain operational records.

Retention periods may vary depending on the type of information and applicable legal requirements.

8. Data Security

Nitehawk uses commercially reasonable administrative, technical, and organizational safeguards designed to protect information from unauthorized access, disclosure, misuse, or destruction.

However, no system or transmission method can be guaranteed to be completely secure.

9. Client Responsibilities

Clients are responsible for:

• ensuring they have authority to provide connected account access;
• obtaining necessary permissions from employees, franchisees, operators, or affiliated entities;
• maintaining security of account credentials; and
• configuring automation parameters appropriately.

10. Your Rights & Choices

Depending on applicable law, users may have rights to:

• access information;
• correct information;
• request deletion;
• object to certain processing; or
• withdraw consent where applicable.

Requests may be submitted to: legal@nitehawk.co

11. Cookies & Analytics

Nitehawk may use cookies, pixels, analytics tools, and similar technologies to:

• authenticate users;
• maintain sessions;
• analyze usage patterns;
• improve functionality; and
• measure platform performance.

Users may manage certain cookie settings through browser controls.

12. International Data Transfers

Information may be processed and stored in the United States or other jurisdictions where Nitehawk or its service providers operate.

By using the Services, you consent to such transfers.

13. Children’s Privacy

The Services are not directed to individuals under 18 years of age, and Nitehawk does not knowingly collect personal information from children.

14. Changes to This Privacy Policy

Nitehawk may update this Policy from time to time.

Updated versions will be posted with a revised “Last Updated” date. Continued use of the Services after updates constitutes acceptance of the revised Policy.

15. Contact Information

For questions regarding this Privacy Policy or privacy practices, contact: legal@nitehawk.co