This website is owned by The Festival Network, LLC (“The Festival Network”, “we”, “us”). We are committed to safeguarding your privacy. This privacy policy (the “Policy”) describes the information we may collect, how we may collect and use it, with whom we may share it, and certain other privacy issues, including the precautions we take to protect your privacy while you are visiting www.festivalnetwork.com (the “Site”).
Before submitting information to the Site, please read this Policy. Use of any part of the Site, indicates your acceptance of this Policy and agreement to the collection and use of your personal information in accordance with the Policy.
TYPES OF INFORMATION THAT MAY BE COLLECTED
The following are the types of information we may collect:
Information You Provide Us
Personal information you provide us, such as a user ID and password, name, email address, telephone number, mobile phone number, physical address, birth date, gender, zip code, credit card number, credit card billing address, credit card expiration date, or other information may be collected via the Site.
Internet Protocol (“IP”) Addresses and Click Stream Data
This Site’s web servers automatically collect the Internet Protocol addresses and click-stream data, but not the email addresses, of visitors. This information is generally non-personally identifiable.
Cookies
This Site may use a standard technology called a "cookie", or web beacons or other similar technology to collect information about how you use the Site. Cookies reside on your computer and help the Site recognize your computer's browser as a previous visitor. In addition, on occasion our Site may also set a "session cookie" which helps us administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
HOW INFORMATION MAY BE COLLECTED
We may collect information from you in different areas on the Site, including but not limited to those described below:
Registration
You may be asked to complete a registration form and provide personally identifiable information, including a user ID and password, to access certain features on the Site, including, but not limited to, newsletters, contests, forums, ticket purchases, store purchases, or other subscription-based or free services. You may also register for promotions and other notices delivered to you via text messaging and other wireless devices (such as mobile phones) utilizing our opt-in process that we endeavor to make consistent with industry best practices.
Newsletters and Site Emails
We may offer free newsletters to share information with you about the Site, us, our festivals, partners, affiliates and subsidiaries, or our advertisers and sponsors. You may receive a newsletter either by registering for a specific newsletter or in conjunction with a special feature or membership for which you have registered on the Site. You may cancel your free email subscription by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.
Contests or Sweepstakes
We may operate contests and sweepstakes through the Site, which may require registration. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the Site, such as on a winner's page, in the event you win a contest or sweepstakes. We will not post your information without your permission. In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on the Site, and collect your information. In those cases, when we are not the operator or host of the contest or sweepstakes, we have no control over the information collected and accordingly urge you to review the advertiser's or sponsor's privacy policy applicable to the contest or sweepstakes before participating.
Surveys or Voting
From time-to-time we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.
Transaction Information
This Site may offer merchandise and/or ticket purchase services, which may be offered by us or by a firm that operates a store under contract with us. If our Site offers shopping or other commercial services, you will use a customer order form to request merchandise and/or tickets. The order form will ask you to give us personally identifiable information (like name, address and/or email address, telephone number), financial information (like account or credit card numbers), and demographic information (like zip code or age). We will use your mailing address to fulfill orders of merchandise and tickets as well as to send you announcements and notifications that may be of interest to you. We will use the financial information that you provide to bill you for products and services. By giving our Site your credit card and related personal information, you are authorizing us to give that information to the merchant and credit card company in order to confirm and fulfill your order. We may use your email address or telephone number to send you special announcements or notifications of events or services that may be of interest to you and to verify and authorize the use of your credit card for services for which you have registered or requested.
Internet Protocol (“IP”) Addresses and Click-Stream Data
We may collect IP addresses and/or click-stream data for purposes of system administration, to diagnose problems with our server, analyze trends, track users’ webpage movements, and to gather broad demographic information for aggregate use. An IP address is a number automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address. Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. This data helps us understand how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.
Cookies
As with many Websites, the Site uses standard technology called "cookies," which are small data files transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make the Site easier to use by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Site may not provide you with a personalized experience if you disable the use of cookies.
Mobile
You are required to provide consent to receive wireless marketing from us. Promotions will be subject to either “single opt-in” or “double-opt-in” at our discretion. For single opt-in, in order to register, you will be directed to send a specific code via text message to a designated telephone number. Your voluntary submission of the code means that you have granted permission to us to send you text messages. For double opt-in involving site to SMS transmission, you must consent to us sending you wireless messages by submitting a telephone number and clicking the consent statement on the site’s registration page. We will then send a message requesting that you confirm that you have agreed to receive messages from us to your particular telephone number (or wireless domain name when appropriate). In order to register, you must respond with a text message that states “Y”. The “Y” will indicate your acceptance of our wireless marketing service. For double opt-in involving SMS to SMS transmission, you must consent to us sending you wireless messages by submitting a code via text message to a designated telephone number. We will then send a message requesting that you confirm that you have agreed to receive messages from us to your particular telephone number (or wireless domain name when appropriate). In order to register, you must respond with a text message that states “Y”. The “Y” will indicate your acceptance of our wireless marketing service. You may terminate the service by sending an “UNSUBSCRIBE” text message to us. Most wireless transmissions are not secured and there is a greater risk of third party interception. You acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from us. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by you or someone who has access to your wireless device, telephone number, or email address.
HOW WE USE THE COLLECTED INFORMATION
Personally identifiable information will not be sold or otherwise transferred on an individual basis to unaffiliated third parties without the approval of the user at the time of collection. As a user, you will have the opportunity to indicate whether you would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from the Site, us, and/or any third parties.
The Site reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. We do this to offer more targeted products and services to you and to customize and enhance your online experience on the Site. We will not provide individual data but will provide only aggregated data from these analyses to third parties, unless you consent to such use.
In addition, the Site reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters that relate to the underlying service and/or the information collected, regardless of whether the user has opted out of promotional activities on the Site.
WITH WHOM THE INFORMATION MAY BE SHARED
At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:
Agents
We employ other businesses, certain services and individuals to perform functions on our behalf. Examples include ticket and merchandise order fulfillment, e-mail deployment, removing repetitive information from customer lists, Site and data analysis, marketing assistance, credit card payments, and customer service. These entities only access the personally identifiable information to perform their functions, but may not use the information for other purposes.
Promotional Offers
We may email you offers on behalf of other partners. When we do this, we do not give that partner your name and address. If you do not want to receive such offers, you may opt out in response to the email.
Aggregate Information
We may share aggregate information such as demographics and Site usage statistics with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
Opt-in and Opt-out Programs
Throughout the Site you may be presented with opportunities to receive special offers from third parties. An opt-in/opt-out message will ask you if you would like your information to be shared. If you do choose to have your information shared, all third parties who have access to personally identifiable information must abide by the current Site privacy Policy. However, we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such websites prior to providing your personally identifiable information.
Partners Subsidiaries and Affiliates
We may share your information (including, without limitation, personally identifiable information) with partners, subsidiaries and affiliates of The Festival Network, LLC.
Business Transfers
The Site or The Festival Network, LLC may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets transferred.
Legal Process
In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
Chat Rooms, Forums, and Message Boards
The Site may make chat rooms, forums and message boards available to its users. While you are required to register with the Site for access to these areas, you are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. The Festival Network, LLC cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Links to Other Web Sites
This Policy applies only to this Site. When you are on the Site you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, you may be taken to a different website. This includes links from advertisers, sponsors and others that may use the Site's logo as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that site's privacy policy before providing any personal information.
SECURITY
This Site incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration, such as Secure Sockets Layer or "SSL" and firewalls, to ensure that your information is secure and confidential. Certain personally identifiable information, such as credit card information, is transferred to our computers utilizing encryption software. Only those employees who need access to your information to carry out business functions are allowed access. Our security policies are reviewed periodically and revised as required. Many areas on the Site require a password. We recommend that you do not share your password with anyone.
It is important to recognize that whatever you transmit or disclose online could be collected and used by others or unlawfully intercepted by third parties. No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your information, we cannot warrant the security of any information you transmit to us.
A Special Note for Parents Concerning Privacy
We do not encourage children to participate in providing us with any personally identifiable information. We ask that children (13 years of age and under) do not submit any personal information to us. If you are a minor under the age of 13 years, please use our services only under the approval and supervision of your parents or legal guardian(s).
We support the guidelines and regulatory requirements provided in the Children's Online Privacy Protection Act (COPPA) http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html
Limitation of Liability
By providing us with any personal information you expressly and unconditionally release and hold harmless The Festival Network, LLC, and its partners, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information. In addition, while The Festival Network, LLC takes efforts to ensure the proper and appropriate use of The Festival Network, LLC data provided by The Festival Network, LLC to third party companies, promotional partners or vendors, The Festival Network, LLC is not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information by The Festival Network, LLC or the above-mentioned non-The Festival Network, LLC entities.
Legal Construction of this Privacy Policy
This Policy shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or The Festival Network, LLC brings to enforce this Policy, or in connection with any matters related to this Site and/or the Policy, shall be brought only in either the state or Federal courts located in New York City in the State of New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Policy. You agree to file any cause of action with respect to this Policy within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Policy, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Policy shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Policy shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Policy comprises the entire agreement between you and The Festival Network, LLC with respect to the use of this Site and shall not be modified except in writing, signed by an authorized representative of The Festival Network, LLC.
NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE POLICY
By using this Site, you agree to the terms of this Policy. All modifications or updates will be posted on the Site. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by email or some other means. Your continued use of the Site constitutes your acceptance of such revised privacy Policy. If you do not agree to this privacy Policy, please do not use our Site.
CORRECTION/UPDATING PERSONAL INFORMATION
If your personally identifiable information (such as your address) changes, or if you no longer desire to access our Site, you may correct, update or remove the personal data you have provided to us by making changes to your profile, by using an opt out message in an email, or by emailing the Site at webmaster@festivalnetwork.com with your request. If you have any questions about this privacy Policy or the privacy practices of this Site, you can contact us at webmaster@festivalnetwork.com or at:
The Festival Network, LLC
30 Irving Place, 6th Floor
New York, New York 10003
CALIFORNIA PRIVACY RIGHTS
The California Civil Code permits California residents who are customers of The Festival Network to request certain information regarding disclosure of personal information to third parties for direct marketing purposes. California residents making such a request should contact us at webmaster@festivalnetwork.com or at:
The Festival Network, LLC
30 Irving Place, 6th Floor
New York, New York 10003
Alternatively, if a company has a privacy policy that gives either an opt-out or opt-in choice for third-party use of personal information for marketing purposes, the company may provide you with information on how to exercise your disclosure choice options.
The Festival Network Policy is comprehensive and provides you with details on how you may either opt-out or opt-in to third-party use of your personal information. Therefore, The Festival Network is not required to maintain a list of third parties that have received your personal information for marketing purposes.
If you are a California resident requesting disclosure choice options, send your request to webmaster@festivalnetwork.com or to:
The Festival Network, LLC
30 Irving Place, 6th Floor
New York, New York 10003
All requests sent via regular mail must be labeled “California Privacy Rights" on the envelope and on the actual request. For all requests, please include your name and either a street or e-mail address. Requests by telephone or fax will not be accepted. The Festival Network is not responsible for incomplete and/or incorrectly labeled notices. |