Last Updated: October 2015
2. Information We Collect About You
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 provide and/or make available (e.g., via third party services) to us certain Information, including information we may require you to provide when your register, and use the Services, such as when you RSVP to or purchase tickets to a concert. Additionally, when you access the Bandsintown App on your mobile device, the Bandsintown App may scan the music library on that mobile device including access to music services to which you may be subscribed or are otherwise using and collects data about the contents of your music library. Bandsintown also collects information regarding your use of and interaction with the Services, whether or not used, operated, or accessed by or through a Third Party Platform, including Artists and concerts you are currently tracking, the total number of Fans tracking a particular Artist or event, content that you share through such Third Party Platforms or publicly (i.e., events you are attending, profile picture, etc.), total number of RSVPs to a particular event and total number of Fans who have purchased a particular song or album. If you limit our collection of certain Information, you may not be able to use all of the features of the Services.
We may ask your permission to collect location-based information from you or your Device, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based location information, longitude/latitude, etc.). If you agree to allow access to your location, you agree that we and our service providers may collect such location-based information from your Device. We may use and share that location-based information with third parties to deliver, market and promote the content, services, features and products (and/or to verify your rights to receive such content, services, features and/or products) that are available through the Services.
When you use the Services, we automatically collect certain Information, to assist us in authenticating your usage and/or Device, keeping track of your preferences, creating a more tailored user experience. 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.
As part of the Services, we may also use a variety of third parties, including advertising networks, data exchanges, traffic measurement service providers and marketing analytics 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 (“Third Party Advertising Providers”). Such Third Party Advertising Providers may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have used or visited. These Third Party Advertising Providers may use their own Tracking Technologies (as described above) to collect similar Information. Bandsintown does not control these Third Party Advertising Providers and/or their use of Tracking Technologies, which is instead governed by the privacy policies of any such Third Party Service. Please see Section 6 below for more information on how to opt-out of the collection and use of Information collected via certain automatic collection technologies.
We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com.
3. How We Use Information
Except as prohibited by the terms and conditions of any applicable Third Party Platform, we may use your Information for the following purposes:
To provide any services or products that you request or purchase in connection with the Services;
To contact you regarding the administration of any features or functions of the Services;
To market and promote the Services, including promotions and other initiatives and activities and sending marketing and promotional e-mails and correspondence including communications from third parties including Artists and venues;
To respond to your questions, comments, complaints, requests and other communications;
To track your return visits and use of the Services and to save your User Account, registration and profile data or other Information in order to tailor your experience with the Services and otherwise customize what you see when you use the Services and so that you are not required to have to re-enter such data each time you use the Services;
To show your distance to the venues at which shows take place, and deliver features, content, services and products available to you through the Services based on your location;
If you chose to allow it, to find and connect with your friends and tell them about your activities on Bandsintown (such as which concerts you have RSVP’d to).
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 based on your use of the Services and other websites, services and platforms you have used or visited;
Accumulating and reporting aggregate, statistical information in connection with the Services and user activity, or to provide reporting for internal and external clients, business partners, agents, Artists and their managers, etc.;
To detect and prevent fraud or infringement of our or any third party’s rights;
To comply with legal obligations or legal process;
To improve the content and features of the Bandsintown App, develop new products and/or services, or personalize the Bandsintown App; and
For other purposes disclosed at the time you provide us with the Information or which are reasonably necessary to provide the Services or other related products and/or services.
4. Information We Share With Third Parties
With your friends on Bandsintown with whom you want to share your activities on Bandsintown, and according to the preferences set in your account;
With Artists, managers, representatives, agents, advertisers and other third parties in connection with the Manager/Analytics Services and other analytic tools or platforms we may offer;
With certain third parties, including Third Party Platforms as Facebook, Twitter, Tumblr and others, if you allow such sharing through the Services;
With service providers who are working with us in connection with the operation of the Services. These service providers may temporarily store Information on their servers, but may only use your Information in connection with the specific services they are providing. We request that service providers maintain commercially reasonable standards of security and confidentiality and must agree to keep such Information secure and confidential. Please note that we are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties;
We may share aggregated information and non-identifiable information with third parties for industry analysis, demographic profiling and other similar purposes;
When you give us your consent to do so, including if we notify you that Information will be shared in a particular manner and you provide such Information;
When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
To protect the safety and security of the Services and our users and to protect against fraud or for risk management purposes;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Information may be disclosed or transferred as one of our business assets.
5. Opting Out; Disabling Certain Features
At times, you may be presented with the option to opt out of whether to receive, or automatically entered to receive, certain push notifications, marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe or opt out by either following the specific instructions included in such communications. Additionally, at any time you may request that we delete your Information and/or your account, or "opt-out" of receiving marketing and promotional e-mails from us, by emailing us at firstname.lastname@example.org detailing your request. Please note that such 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. We will take steps to delete your Information as soon as is practicable, but some Information may remain in archived/backup copies for our records and as otherwise required by law. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out, unsubscribe or delete your Information 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. Also, please note that in order to keep you informed about the operation of our Services and related services, we may always send you emails and announcements that are needed for the proper functioning and administration of our Services, including for the purposes described in Section 3 above, in connection with your use of such Services. 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 to serve you better.
The Bandsintown App will also present you with the option to disable certain features which allows it to collect and use certain Information from your Device, including location-based information. If you do not wish to have location-based information collected and used by our service providers and us, you may opt out by disabling the location features on your Device. Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features and/or products made available via the Bandsintown App.
6. Opting Out of Use of Certain Information That May be Collected by Tracking Technologies
Set by Third Party Advertising Providers: For more information about Third Party Advertising Providers and similar entities that use tracking technologies, see www.aboutads.info/consumers, and to opt-out of such Third Party Advertising Providers advertising practices, go to www.aboutads.info/choices.
Tracking Technologies Set by Third Party Advertising Providers and Similar Third Parties: Most browsers are initially set to accept cookies (other than Flash cookies) and allow local storage, but you should be able to change your settings to notify you when a cookie is being set or updated, local storage is being used, and/or to block cookies and/or the use of local storage altogether. Please consult the "Help" section of your browser for more information.
Flash Cookies: Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html.
Do-Not-Track Signals: Certain browsers transmit "do-not-track" signals to the websites in which such browsers communicate with; however, this feature, and how it is used and activated, varies from browser to browser. Therefore, it is not clear whether the signals are intentionally transmitted by a user, or whether a user is even aware of this. Despite current efforts, there is still disagreement amongst leading Internet standards organizations, industry groups, technology companies and regulators, concerning what, if anything, websites should do when they receive such signals and no standard has been adopted to date. Bandsintown takes privacy and security very seriously. With respect to “do not track signals”, we currently do not take action in response to these signals, but, if a standard is established and accepted, we may reassess how to respond to these signals.
Please note that by blocking any or all cookies you may not have access to certain features, content and/or other personalization available through the Services.
7. Sweepstakes, Contests and Promotions
From time to time, we may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you opt to enter a Promotion, your Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on list of the winners.
9. Our Policy Regarding Children
If you are under the age of 13, you may not use the Services, including 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.
12. 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 email@example.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.
13. Links to Third Party Platforms and Services
14. International Usage
The Services are controlled by Bandsintown 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. By using the Services, you affirmatively consent to this transfer and to the use of your Information as described herein.
Attention: Legal Department
215 Lexington Avenue
New York, NY 10016