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Privacy Policy

Last Updated: 12/01/11

PRIVACY POLICY

            Welcome to Bandsintown, which is operated by Bandsintown, Inc. (“BIT”, “we”, “us” or “our”). This is the privacy policy (“Privacy Policy”) for (a) Bandsintown mobile, web, console, desktop and other applications (e.g., Bandsintown Facebook App, Apple iOS Apps, etc.) (collectively and individually, “BIT App”), (b) the website located www.bandsintown.com and all corresponding web pages and websites associated with the foregoing URL (“Site”) and (c) any other content, applications, features, functionality, information and services offered by us though the BIT App and/or the Site, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.) (collectively, "Services"). Please review our Terms of Service Agreement which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning ascribed in the Terms of Service Agreement.

TABLE OF CONTENTS:

1.         INTRODUCTION; GENERAL TERMS

2.         INFORMATION WE COLLECT ABOUT YOU

3.         HOW WE USE INFORMATION  

4.         “OPT-OUT”, USER CHOICE, WITHDRAWAL OF CONSENT AND ACCESS

5.         SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION

6.         SECURITY

7.         YOUR CALIFORNIA PRIVACY RIGHTS

8.         INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS AND SERVICES

9.         PRIVACY POLICY CHANGES

10.       ACCURACY

11.       International USAGE

12.       CONTACT US

13.       SOLE STATEMENT

 

1.         INTRODUCTION; GENERAL TERMS

1.1       Your privacy is a serious matter to us. This Privacy Policy explains what information we collect in connection with your use of the Services, how the information is used, and with whom we may share such information. Please take a few minutes to read this Privacy Policy so that you understand how we treat your information.

1.2       This Privacy Policy will remain in full force and effect, even if your use of or participation in the Services or any other particular service, feature, function or promotional activity offered on or in connection with the Services terminates, expires, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in any Services which require or utilize any of your information. This Privacy Policy applies regardless of the Device you use to access the Services and whether you are accessing the Services as a registered user (i.e., an end user with a User Account) or otherwise.

1.3       This Privacy Policy governs only the information (a) collected by us from you or (b) provided to us by a Third Party Platform (e.g., Apple (iTunes, etc.), Facebook, Twitter, Last.fm, Pandora, etc.) about you, in each instance, on or in connection with your use of the Services, and does not cover any other information collected in any other manner or collected by any other third party, unless specifically stated. Where you have provided your personal information to third parties, including, but not limited to, marketing companies, advertisers and service providers and have provided sufficient consent, we may obtain such personal information and combine it with your Information (as defined herein) and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

1.4       When we use the term “Personal Information” we mean any information that we collect on or in connection with the Services that would allow someone to identify you or contact you, such as your full name, address, e-mail address, physical address, payment card information, telephone number(s), etc. When we use the term “Additional Information”, we mean any information that we collect about you on or in connection with the Services other than Personal Information. (Personal Information and Additional Information shall be collectively referred to as “Information”). By accessing and/or using the Services, you affirmatively consent to our collection and use of Information in accordance with the terms and conditions of this Privacy Policy.

1.5       Attention Kids. If you are under the age of 13 (12 or younger), you may not use the Services, including, but not limited to, registering for or providing any information about yourself to or in connection with the Services, participating in any sweepstakes, contests, social networking features, posting, communications functionality or engaging in other activities that collect and/or permit you to enter information about yourself.

1.6       Note to Parents. BIT will not knowingly collect Personal Information from individuals under the age of 13. If you have any concerns about the Services, wish to find out if your child has become a member of or registered for the Services in violation of our Terms of Service, please contact us at privacy@bandsintown.com.

2.         INFORMATION WE COLLECT ABOUT YOU

2.1       Registration, Features, Functionality and Communications. In order to access and use certain content, features and functionality of the Services, whether as a Fan or an Artist, we may require that you to provide and/or make available (e.g., via Third Party Platform permissions and consents, etc.) to us certain Information, including, but not limited to, in connection registration features, Fan/Artist pages/profiles, communication and networking features, purchases and other functionality. This Information may include, but not be limited to, your email address, legal name, location, music/artist/band preferences, and other account information associated with Third Party Platforms, and, in order to conduct fee-based transactions and other activities, your physical address, applicable payment data (e.g., payment card number and expiration date), etc. Access to certain content, features and functionality of the Services may be subject to Additional Terms, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize and/or allow you to use these Services. In addition, you may be presented with the opportunity to sign up to receive additional newsletters, email communications, or other communications from us in order for us to provide up-to-date information about the Services and preferences in connection therewith, and to publicize and promote certain events, concerts, content, products and services offered by us, our business partners and other third parties. When there is a separate sign-up for newsletters, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We may ask you to confirm your consent to these uses at the time you sign up for these services or communications.          

2.2       Automatic Information Collection. When you access and/or use the Services, we automatically collect certain Information, such as a unique device identifier assigned to your Device (“UDID”), Third Party Platform anonymous identifiers, your Internet protocol (IP) address (if applicable), location data, and other Information regarding your use of the Services to assist us in authenticating your usage and/or Device, keeping track of your preferences, creating a more tailored user experience, better serving your particular interests and needs, etc. In addition, the Services and/or third parties may use “cookies” (which are small data files containing information about you that is stored on your device), “embedded scripts”, and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Additional Information automatically as you interact with the Services. Tracking Technologies enable us, among other things, to track your interaction with the Services, and target your interests to enhance your experience with the Services. We may also use Tracking Technologies to collect “clickstream” data, such as your Device type, operating system and platform, the average time spent using the Services, content viewed, searched for, access times and other relevant statistics, and may assign unique identifiers to the Device or other credentials you use to access and use the Services for the same purposes. We may associate the information obtained through these Tracking Technologies and your UDID, Third Party Platform anonymous identifiers and other identifiers and data, with your Personal Information so we can better customize your experience using the Services and provide tailored recommendations, advertisements, promotions and other content related to your specific interests, activities or profile (e.g., band recommendations, etc.). By using the Services, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Services as described in this Privacy Policy.

2.3       Advertising Service Providers. This Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such services may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and/or to conduct research regarding the usefulness of certain advertisements to you.

2.4       Privacy, Account and Activity Settings. You may have the ability to set certain privacy, permission and account options on the Services that limit (a) the provision of certain Information to us, such as location data and/or (b) our ability to take certain actions that may disclose your Information (e.g., RSVP’ing to events and posting status messages, notes, photos, etc. to Third Party Platforms on your behalf). These privacy, permission and account options may be controlled by changing your account or Service settings, whether by (i) by responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant Information, (ii) by navigating to the settings, account or privacy section (as the case may be) of your Device, the applicable Third Party Platform and/or the applicable Service and limiting certain Service functionality (e.g., location services, etc.) and (iii) by using other available methods of controlling your options and settings. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.

3.         HOW WE USE INFORMATION

3.1       Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use your Personal Information for the following purposes:

·         Providing any services or products that you request or purchase in connection with the Services;

·         Contacting you regarding the administration of any features or functions of the Services;

·         Sending you marketing and promotional e-mails and correspondence;

·         Allowing you to participate in the support and other features of the Services;

·         Responding to your questions or other requests;

·         Tailoring your experience with the Services and/or otherwise customizing what you see when you use the Services;

·         Saving your User Account, registration and profile data or other Personal Information (so you are not required to have to re-enter it each time you use the Services);

·         Providing you with Services and related products and services of enhanced value to you;

·         Marketing and promoting the Services, including promotions and other initiatives and activities;

·         Where you order goods or services, performing credit checking where relevant. Please note that when a credit reference agency receives a search from us they will place a footprint on your credit file that may be seen by other organizations;

·         For the prevention and detection of fraud or infringement of our or any third party’s rights;

·         Tracking your return visits to and use of the Services;

·         To comply with legal obligations or legal process; and

·         For other purposes disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Service or other related product and/or service requested.

3.2       In addition, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use the Additional Information for the following purposes:

·         For research purposes, for marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, Artists, etc.;

·         Accumulating and reporting aggregate, statistical information in connection with the Services and user activity, including providing certain aggregate information to Artists;

·         Determining which features, functionality and services of the Services users like best to help us operate the Services, enhance and improve the Services and display advertising and marketing information;

·         Saving certain Additional Information for your ongoing use of the Services;

·         For the uses described for “Personal Information” above; and

·         For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the service requested.

 

4.         “OPT-OUT”, USER CHOICE, WITHDRAWAL OF CONSENT AND ACCESS

 

4.1       Preferences. By downloading, launching, accessing, interacting with or otherwise using the Services and providing us with your contact information, (a) you expressly choose to receive certain communications from us and, unless you otherwise indicate, certain third parties as described in this Privacy Policy, and (b) you expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at privacy@bandsintown.com detailing your privacy request. Other privacy preferences (e.g., limiting location services) may be made by modifying your account privacy, permission and/or account options on the Services or your Device. If you ask us to stop using your Personal Information, we will honor that request while retaining a record of any Personal Information as necessary to comply with applicable federal, state or local law, and/or to conduct legitimate business activities. However, you may be unable to continue to use the Services (in whole or in part), if you require us to stop using your Personal Information. You always have the right to review and correct the Personal Information you have provided to us and generally you may update or delete certain Personal Information by contacting us as described in Article 12.

4.2       Marketing and Promotional Communications. [At times, you may be presented with the option of whether to receive, or automatically entered to receive, certain marketing and promotional communications from us and others that we think will be of interest to you. You can unsubscribe to such communications by either following the specific instructions included in such communications or you may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your privacy, permission and account options on the Services or sending an email to us at privacy@bandsintown.com detailing your privacy request.  Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable  law, and you cannot retroactively opt out or unsubscribe with respect to such third parties.  Further, also please note that in order to keep you informed about the operation of the Services, we may always send you emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, without limitation, for the purposes described in Article 3 above, in connection with your use thereof. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes, and to help us and our service providers serve you better.

5.         SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION

5.1       General Disclosure. Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we reserve the right to share, use and/or sell any anonymous aggregated data we collect in connection with your access to and/or use of the Services, including, but not limited to, for the purposes described in Article 3 above. Any of our affiliated companies, including all of their respective business units may obtain from us and be able to use your Information in accordance with this Privacy Policy.  You can choose to opt-out of certain such uses as described in Article 4 above. Further, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

 

5.2       Co-Branded Services and Features. The Services may offer co-branded services and features, such as events and promotions provided by us and/or our affiliated companies or other third party partners, including Artists, and that may be hosted on the Services and/or our co-branded partner's platform, website or service. We may share your Personal Information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you hereby opt-in and give your affirmative consent to us and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes in accordance with our respective privacy policies. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner's privacy policy. If you wish to opt-out of a co-branded partner's future use of your Personal Information for marketing or other purposes, you will need to contact the co-branded partner directly.  Please note that the use of such information by co-branded partner is subject to co-branded partner's privacy policy.

 

5.3       Service Providers. We also have the right to disclose your Personal Information and any other information to third parties and affiliates for the purpose of administering and maintaining the Services. We will refer to these parties in this context as "BIT Service Providers”.  We use BIT Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to BIT Service Providers for the purpose of providing services to us and our affiliates. These BIT Service Providers may temporarily store certain Information on their servers, but may only use your Personal Information to provide us with a specific service and not for any other purpose and agree to keep such Personal Information secure and confidential.

 

5.4       Additional Disclosures. There may be instances when we may access or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend our legal rights or property, or that of our affiliated companies, their employees, agents and contractors (including enforcement of our agreements); (b) to protect the safety and security of the Services and our users; (c) protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Service Agreement, this Privacy Policy or any Additional Terms; or (e) to comply with law or legal process. In addition, if we sell all or part of our business or make a sale or transfer of all or a material part of our assets or are otherwise involved in a merger or transfer of all or a material part of our business or any other similar transaction, we may transfer your Personal Information and Additional Information to the party or parties involved in the transaction as part of that transaction who may use that Information for the purposes set forth in this Privacy Policy.

 

6.         SECURITY

 

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. We request that our third party contractors and BIT service providers follow similar standards of security and confidentiality. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.

 

7.         YOUR CALIFORNIA PRIVACY RIGHTS

 

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.  If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at privacy@bandsintown.com. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

 

8.         INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS AND SERVICES

 

The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third Party Services and Third Party Platforms. The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave the Services via such a link, access a third party application, interface, service, or platform or click on or navigate to an advertisement, you should check the applicable privacy policy to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

 

9.         PRIVACY POLICY CHANGES

 

From time to time we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, our Information collection, use and disclosure practices, the features and functionality of the Services, or technology, and such modifications shall be effective upon posting. Your continued use of the Services after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy.  It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.  If we materially change our practices regarding collection, use or disclosure of your Personal Information, your Personal Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

 

10.       ACCURACY

 

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

 

11.       International USAGE

 

The Services are controlled by BIT from its offices in the U.S. If you download, interact with and/or otherwise use the Services from a location outside the U.S., please be advised that any Information you provide, or that is collected by us from Third Party Platforms, in connection with any such activity may be processed in and/or transferred to the United States and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you download, interact with or otherwise use the Services.  However, we will only process your Information in accordance with this Privacy Policy. By using this Services, you affirmatively consent to this transfer and to the use of your Information as described herein.

12.         CONTACT US

If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us follows:

Email: privacy@bandsintown.com

 

OR

 

Mail:     Bandsintown, Inc.

            c/o Cellfish Media LLC

            Attention: Legal Department
            215 Lexington Avenue, 18th Floor       

            New York, NY 10016

13.       SOLE STATEMENT

 

This document is the sole statement of the Privacy Policy for the Services and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

 

This Privacy Policy was last modified on the date indicated above and is effective immediately.

Copyright © 2011 Bandsintown, Inc.