PRIVACY POLICY

Updated November 13, 2015

Shaky Festivals Holdings, LLC (“Shaky”) produces the Shaky Beats Festival (the “Festival”) and owns and operates the website located at http://www.shakybeatsfestival.com (the “Site”). Thank you for your interest in and support of the Festival and the Site. Your privacy is very important to Shaky. Shaky has created this Privacy + Security Policy (the “Privacy Policy”) in order to demonstrate our firm commitment to the privacy of your personal information and explain Shaky’s online information practices and the choices you can make about the way your information is collected and used. In collecting information, Shaky’s primary goal is to provide and improve its products and services.

This Privacy Policy describes how Shaky treats information that it collects and receives related to your use of the Site. This Privacy Policy applies to all information collected or submitted on the Site. This Site is not directed at children under the age of 13 and children under the age of 13 are not knowingly permitted to submit personal information on the Site. For more information about children under the age of 13 see Section 12.

This Policy describes, amongst other things, the following:

  1. What personally identifiable information Shaky collects.
  2. What personally identifiable information third parties receive from or collect through the Site.
  3. How Shaky and its business partners use the information.
  4. What choices are available to users regarding collection, use and distribution of the information.
  5. With whom Shaky may share user information.
  6. What types of security procedures are in place to protect the loss, misuse or alteration of information under Shaky’s control.
  7. How users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should contact Shaky by sending us an email to info@shakybeatsfestival.com.

1.CATEGORIES OF INFORMATION WE COLLECT

Shaky collects information when you use and access the Site. The information collected includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively, “Customer Information”). “Personal Information” is information about you that is personally identifiable, like your name, address, email address, passwords, home and business addresses, phone numbers, and information that is not otherwise publicly available. “Contact Data” is contact information you’ve developed that you may provide to Shaky to enhance your use of Shaky’s products and services. “Message Data” includes the messages sent and received using Shaky services, information about those messages, and your account activity, such as log-in times and message storage capacity. “Traffic Data” is anonymous information about the nature of your usage of the Site’s products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information. SHAKY, HOWEVER, CANNOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION ACCESSIBLE ON OR TRANSMITTED VIA THE INTERNET.

In connection with your use of our Site, we may collect the following information:

  • The domain name and/or the e-mail address of visitors to our Site.
  • The e-mail addresses of users who communicate with us via the Site or via e-mail.
  • Aggregate information on what pages on our Site users access or visit.
  • Information volunteered by the user, such as through registration on the Site, e-mail update requests and general requests for information.
  • Information about your transactions with us and transactions with third parties, such as the bands and venues for which Shaky provides ticketing and merchandising services.

2. USE AND DISCLOSURE OF INFORMATION WE COLLECT

When you register on this site, we may sell, share, or rent your personally identifiable information to others, including Shaky’s members, sponsors, affiliates, and partners (the “Shaky Affiliated Parties”). However Shaky will not provide your personally identifiable information unless you have opted in to receive emails from the Shaky Affiliated Parties. Shaky restricts access to your nonpublic personal information to those employees who need to know that information to provide information to you. Shaky maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.

Shaky uses Customer Information to enhance your use of the Shaky services by processing such information for various purposes, including providing information to you about Shaky’s products and services, formatting and displaying elements of Contact Data and Message Data to you and to those whom you send messages, delivering advertisements and related links, storing your messages, and other purposes relating to offering you Shaky products and services. Shaky uses non-identifying and aggregate information to better design the Site and to share with advertisers and Festival-related affiliates and sponsors. Shaky also may use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Shaky may engage a third party to perform functions on Shaky’s behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing customer service. Shaky requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but Shaky will not authorize them to use it for other purposes. For more information on third parties please see Section 7 Onward Transfer to Third Parties.

If Shaky desires to use Personal Information for any purposes other than those described in this Privacy Policy, Shaky will offer you the opportunity to opt out of such use of your Personal Information for those other purposes. For more information on how to opt out please see Section 6 Choice/Opt Out.

3. PURCHASE ORDER FORM

When you make purchases on the Site, you will be directed to other Shaky owned sites where you will be asked to provide information on the purchase order form, which is powered by the Shaky owned sites. When you are directed to a Shaky owned site, the terms of this Privacy Policy apply.

In addition, when you purchase a ticket to the Festival or an after-show you will be directed to www.frontgatetickets.com. You will be asked to provide information on the purchase order form, which is powered through Front Gate Solutions, Inc., a Texas corporation (“Front Gate Solutions”) and together with Front Gate Tickets (d/b/a for Front Gate Solutions) and its parents, subsidiaries, affiliated entities, and required service providers (collectively referred to as “Front Gate”), the owner and operator of the Sites located at www.frontgatetickets.com and online stores created for clients of Front Gate Solutions (collectively, the “Sites”). A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. Please click here www.frontgatetickets.com to review Front Gate’s privacy and security policies.

4. SURVEYS AND CONTESTS

From time-to-time our Site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and therefore the user has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information may be shared with the contest or survey sponsors and may be used to notify the winners and award prizes. The terms of a contest may provide, among other things that the identities of the contest winners may be made public. Survey information may also be used for purposes of monitoring or improving the use and satisfaction of the Site. We may use an intermediary to conduct these surveys or contests and they may use personally identifiable information for a secondary purpose.

5. COOKIES

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Site uses to track the pages you’ve visited.

When you visit the Site, Shaky may send cookies to your computer that uniquely identifies your operating system and browser. Shaky uses cookies to improve the quality of Shaky’s service by storing user preferences and tracking usage information. In addition, once you register on the site the cookie will reveal your name, address, or e-mail address. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you reject or disable cookies, you may not be able to utilize certain Shaky products and services or may not be able to access all areas of the site.

6. CHOICE/OPT OUT

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by specifically telling us to stop sending them to you. Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by clicking the unsubscribe link in the email or emailing us at info@shakybeatsfestival.com. In addition, for email communications received from Shaky owned sites, you will be able to opt out of further communications by clicking the unsubscribe option at the bottom of the email.

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

7. ONWARD TRANSFER (TRANSFERS TO THIRD PARTIES)

Shaky may share aggregate information about our users with advertisers, business partners, sponsors and other third parties, though such summary information will not identify any specifics related to you. We may use the personal identifying information you provide to administer Site usage and monitor traffic-levels, and to contact you regarding improvements we can make to our Site and our services, if necessary. Shaky may engage a third party to perform functions on Shaky’s behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing customer service. Shaky requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but Shaky will not authorize them to use it for other purposes. Shaky will apply the Opt-Out policies discussed above in the event we propose to disclose your information to a third party.

Shaky does not disclose personal information to third parties, except when one or more of the following conditions is true:

  1. Shaky has the individual’s permission to make the disclosure;
  2. The disclosure is permitted by law or mandatory professional standards;
  3. The disclosure is reasonably related to the sale or other disposition of all or part of Shaky’s business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization;
  4. The personal information to be disclosed is publicly available;
  5. The party to whom the disclosure is made controls, is controlled by, or is under common control with Shaky;
  6. The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
  7. The disclosure is to persons or entities for whom Shaky is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained;
  8. Shaky may share with third parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually;
  9. Shaky may share Customer Information when legally required to do so or at the request of governmental authorities conducting an investigation; or
  10. Shaky may share your Customer Information with a third party if you have consented to receive information from that third party through registration from a co-branded version of the Shaky service operated with a third party or through a communication or promotional program of a third party that is enabled by the Shaky service. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. YOU ACKNOWLEDGE THAT SHAKY SHALL HAVE NO LIABILITY TO YOU FOR SHARING OF SUCH INFORMATION TO SUCH THIRD PARTIES AND SHAKY DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.

8. SECURITY

Shaky is committed to protecting the privacy of the Site visitors and customers. The Site uses security measures to protect against the loss, misuse, and alteration of the information under Shaky’s control. Shaky stores the information in a database in a secure environment. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Shaky has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information Shaky collects online.

Shaky limits access to Customer Information to Shaky personnel who need to come into contact with such information to provide products or services to you or to the extent necessary to fulfill their jobs. Shaky has physical, electronic, and procedural safeguards to protect the loss, misuse, and alteration of the Customer Information under its control. Customer Information that Shaky collects is stored in a secure manner that is accessible only by authorized Shaky personnel and is only disclosed under the provisions of this Privacy Policy.

It should be noted that e mails and other information you send to us is not encrypted and cannot be considered a secure means of transmitting sensitive information. Shaky will never ask you to submit your financial data such as your credit card account numbers, via e-mail. You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission.

Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot ensure or warrant the ultimate security of any information you transmit. If you have any questions about security on the Site, you can send us an email at info@shakybeatsfestival.com.

9. LINKED SITES

As a convenience to you, Shaky may provide links to third-party websites that are not owned or controlled by Shaky from within Shaky’s website or Shaky’s products or services. Shaky is not responsible for the privacy practices or content of these third-party sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site and other Shaky owned sites.

10. NOTIFICATION OF CHANGES

Shaky reserves the right, at its discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site and, if required by applicable law, notice to you via the Shaky service. Please check this policy periodically for changes. Your continued use of the Site and/or any Shaky products and services following the posting of changes will mean you accept those changes. Use of information that Shaky gathers is subject to the Privacy Policy in effect at the time of use.

11. BUSINESS TRANSITIONS

In the event Shaky goes through a business transition, such as a merger, acquisition, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.

12. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”)

OUR SITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13 AND DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. CHILDREN UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE SERVICES ON OUR SITE THAT REQUIRE SUBMISSION OF PERSONAL INFORMATION AND SHOULD NOT SUBMIT ANY PERSONAL INFORMATION TO US. A CHILD UNDER THE AGE OF 13 MAY USE THESE SERVICES ONLY IF WE RECEIVE CONSENT FROM A PARENT OR GUARDIAN.

If you are a parent or legal guardian, the Children’s Online Privacy Protection Act (“COPPA”) provides information on how you can protect your child’s privacy online. For more information on COPPA please click here. In addition to our general guidelines stated in this Privacy Policy, Shaky recognizes the need to provide additional privacy protections for children under the age of 13. Therefore, if you are a parent or guardian and think your child under the age of 13 has submitted personal information, you should promptly notify Shaky by sending us an email at info@shakybeatsfestival.com. Please put “Parental Request COPPA” in the subject line of the email.

13. QUESTIONS AND CONTACT INFORMATION

If you become aware that personal information Shaky maintains about you is inaccurate, or if you would like to update or review your personal information, you may contact Shaky by using the contact information below. If you have any questions or comments regarding this Privacy Policy or Shaky’s information collection practices, please contact us by sending an email to info@shakybeatsfestival.com.