Last Updated: October 19, 2020
1. Introduction
Your privacy is a serious matter to us. Please take a few minutes to read this Privacy Policy ("Privacy Policy") so that you understand how we treat your information. This Privacy Policy explains what information we collect from you, how we use such information and with whom it may be shared, and your rights and choices with regard to controlling your information when you visit the Sites and/or use the Services (each as hereinafter defined). This Privacy Policy only applies to the information collected, used and disclosed by Bandsintown, LLC and its affiliates ("Bandsintown" "we" "us" or "our") or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, with respect to your access to and use of the Services, whether as a Fan, visitor, user, Venue or Artist, and whether offline or online, through (a) your interaction with our products and services, (b) our website, located at www.bandsintown.com and all corresponding web pages and websites owned or operated by Bandsintown, including www.artists.bandsintown.com, manager.bandsintown.com, corp.bandsintown.com, news.bandsintown.com, promoters.bandsintown.com (the "Sites"), (c) the Bandsintown-branded mobile, web, tablet, desktop and other applications, including applications made available through Facebook, iOS and Android (the "Bandsintown App(s)") or (d) any of the Manager/Analytics Services, Content, Bandsintown's social networking services and any other content, applications, features, functionality, information and services offered by us whether through the Bandsintown Apps, the Sites or otherwise (each of the above individually and collectively referred to herein as the "Services"). Where you have provided your personal information to third parties, including 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. Please review our Terms of Use which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms of Use.
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 or expires or is suspended or deactivated for any reason. The collection and use of your information as described in this Privacy Policy is based on your voluntary consent or on our contractual obligations to you or legitimate interest. If you do not agree with this Privacy Policy, please do not participate in any of the Services. This Privacy Policy applies regardless of the Device you use to access the Services or whether you are accessing the Services as a visitor or a registered Fan or Artist user (i.e., an end user with a User Account).
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 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.
2. Information We Collect About You
We collect personal information or other information about you when you visit our Sites or use our Services. The information and data we may process (i.e. collect, use and store) depends on your interaction with us. When processing Information (as defined below), we will either rely on our legitimate interest or our need to perform under a contract to process your information or you will be asked affirmatively consent to our collection and use of Information in accordance with the terms and conditions of this Privacy Policy. The key types of Information that we may process include the following:
As it is used in this Privacy Policy, the term "Personal Information" means any information that we collect, receive or access on or in connection with the Services that would allow someone to identify you, such as your name, address, e-mail address, physical address, payment card information, telephone number(s), a unique device identifier assigned to your Device ("UDID"), Third Party Platform anonymous identifiers, your Internet protocol (IP) address (if applicable), and location data (if you enable this feature), all as outlined above in this Section 2. 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 that is used in an anonymized and aggregated fashion and detailed in this Section 2 above, such as to improve our Services and determine where our Sites are being used geographically (Personal Information and Additional Information shall be collectively referred to as "Information").
3. How We Use Information
We may process your Information (depending on your interaction with us) for a variety of reasons that are permitted under data protection laws and in accordance with this Privacy Policy, which may include the below purposes. Note that the legal bases outlined below are required to be included under EU data protection laws, but are not required to be included if you do not reside in the EU:
4. Information We Share With Third Parties
It is our ongoing effort to improve the Services and customize the user's experience, whether as a Fan or an Artist. We take your privacy seriously and will not share your Information with others except in the following circumstances:
5. Rights and Choices Regarding Information (e.g. Opting Out; Disabling Certain Features)
At times, you may be presented with the option to "opt-in" to receiving certain push notifications, marketing and promotional communications or other information from us and others that we think will be of interest to you.
Recipients of such communications can unsubscribe or "opt-out" by following the specific instructions included in such communications or by adjusting your Bandsintown App settings in your Device. At any time you may request that we delete your Information and/or your account, or opt you out of receiving marketing and promotional e-mails from us, by emailing us at privacy@bandsintown.com detailing your request. Please note that such requests may not take effect immediately, but will be processed without undue delay and 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 pursuant to our legal obligations or as otherwise required by law. We will communicate the erasure to each recipient to whom Information was disclosed, unless this proves impossible or involves disproportionate efforts.
If you continue to use the Services, we may send you emails and announcements that are necessary for the proper functioning and administration of our Services, including for the purposes described in Section 3 of this Privacy Policy in order to keep you informed about the operation of our 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 and the operating system settings in your Device will also present you with the option to disable certain features which allow 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.
If you are an EU citizen or reside in the EU, you may have certain additional rights with respect to the Personal Information you provided
to us. To the extent permitted by applicable data protection laws, you may:
6. Opting Out of Use of Certain Information That May be Collected by Tracking Technologies
When you visit our Sites, use our Services, or visit a third-party website for which we provide online services, we and our business partners and vendors may use Tracking Technologies to recognize you as a repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and to mitigate risk, prevent potential fraud, and promote trust and safety across the Sites and the Services. Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible. Please review our Cookie Policy here to learn more about how we use and how you may adjust and disable Tracking Technologies.
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. Retaining Your Personal Information
We access, retain, store and use Personal Information for the least amount of time necessary pursuant to our relationship with you (e.g. to provide you with or access to our products and services), in accordance with our data retention policies and applicable law. We do not collect more Personal Information than is necessary to fulfill our obligations to you or at law or for the purposes stated in this Privacy Policy.
8. Security
We maintain and have implemented security safeguards to protect the Personal Information submitted to and collected, used and stored by us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security. You should take certain steps to protect your account and Personal Information as well, such as by choosing a strong password and keeping such password private, and logging out of your account when you are finished using it.
We are not responsible for protecting any Personal Information that we share with a third-party based on an account connection that you have authorized. Bandsintown will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.
9. Our Policy Regarding Children
Our Sites and Services are not directed to children under the age of 16. We do not knowingly collect Information from children under the age of 16. If you are under the age of 16, 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. If we obtain actual knowledge that we have collected Personal Information from someone under the age of 16, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected information from someone under the age of 16, please contact us at privacy@bandsintown.com. For users in the United States, please also visit https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online for information from the Federal Trade Commission about protecting children's privacy online.
10. International Transfers of Personal Information
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our subsidiaries and affiliates, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area ("EEA") and Switzerland. 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. If you are an EU citizen or resident in the EU, we will transfer your Personal Information to the United States in accordance with EU data protection law requirements by using model contractual clauses that have been approved by the European Commission or other appropriate means.
Please note that such transfers may also be necessary in order to perform our obligations under a contract with you, to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent. If you make transactions with parties outside the EEA or Switzerland or connect our Service with platforms, such as Facebook, outside the EEA or Switzerland, we are required to transfer your Personal Information with those parties in order to provide the requested Service to you. If you wish to gain more information about such transfers, please contact us at privacy@bandsintown.com.
11. 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, technology, our information collection and use practices or the features and functionality of the Services, and such modifications shall be effective upon posting. If we materially change our Privacy Policy, we will notify you of such changes by posting them on Bandsintown or by sending you an email or other notification. Your continued use of the Services after we post a revised Privacy Policy (and, where appropriate, notify you of same) 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. We may continue to process your Information based on our legitimate interests or in order to fulfill our obligations under a contract and/or may also seek your affirmative consent to the terms of the updated Privacy Policy. For example, we may ask for your consent before implementing new uses of the Personal Information that we have already collected from you based on such consent, if such new use was not addressed by the privacy policy under which such information was collected or if our legal basis for processing such information changes.
12. 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 you fail to update such Information. We may reject or delete any Information or entry for any reason, including if we believe in good faith that the Information is false, fraudulent or inconsistent with this Privacy Policy or our Terms of Use.
13. 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.
14. Links to 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 Advertising Providers and Third Party Platforms. The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices or the content of such third-party services. Any information you provide via those services is subject to the applicable privacy policies of such third-party services and is not covered by this Privacy Policy.
15. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below)
with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent: Dan Nemo
Name and Address of Designated Agent:
Bandsintown, LLC
Attention: Legal Department, DMCA Copyright Agent
348 West 57th street, Suite 107
New York, NY, 10019
Email Address of Designated Agent: legal@bandsintown.com
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Bandsintown by sending an email to legal@bandsintown.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
16. Contact
If you have any questions, concerns, criticisms or feedback about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us via the below means. Although we urge you to contact us to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority.
Email: privacy@bandsintown.com
OR
Mail:
Bandsintown, LLC
Attention: Legal Department
348 West 57th street, Suite 107
New York, NY, 10019