The phrase “Personal Information” as used in this Notice refers to information about you that is personally identifiable, such as your name, physical mailing address, email address, billing information, and telephone number.
The phrase “Other Information” as used in this Notice refers to information that is not Personal Information and which we do not store in connection with Personal Information.
THE SERVICES STORE, USE, AND TRANSMIT PERSONAL INFORMATION AND OTHER INFORMATION TO AND FROM THE UNITED STATES.
BY USING THE SERVICES YOU CONSENT TO SUCH DATA PROCESSING. IF YOU CANNOT USE THIS SERVICE CONSISTENT WITH THE LAWS IN YOUR JURISDICTION, WE ADVISE THAT YOU DISCONTINUE SUCH USE.
1. The Information We Collect
OTM collects Personal Information and Other Information directly from you and through third parties. For example, OTM collects this information:
- when you contact customer support services via email, text, or through one of the Services, you may be required to provide us with Personal Information;
- when you post content or make a submission of any kind on the Services;
- through sponsors at on-site activations;
- when you download and use our Mobile App, we or third party services may collect Personal Information and Anonymous Information; and
- if you purchase a product or service through the Site or one of the Services, we or a third party services provider may collect payment and/or credit card information on our behalf.
As you use the Services, certain information may also be passively collected. Through technologies like cookies, pixels, beacons and log files, we may collect information about how you use the Services. Please see the sections below on Cookies and Log Data for more information.
We may receive information from third parties. For example, we may receive information about you from social networking websites, subject to their representation that they have a legal right to share such information with us.
When you provide information to third parties, even third parties you discover through the Services, your relationship with those third parties will be governed by their respective privacy policies and terms of service.
2. How We Use Your Information
In general, we use Personal Information to:
- provide you with customer support;
- register you and provide you with access to the Site or Services;
- perform the Services;
- respond to your inquiries or requests;
- send communications and administrative emails about the Site or Services;
- personalize and better tailor the features, performance and support of the Site and Services for your use;
- send you promotional/marketing information, newsletters, offers or other information from us or on behalf of our sponsors or partners;
- comply with third party contracts;
- provide you with opportunities and functionalities that we think would be of particular interest to you;
- improve the quality of the Site and the Services;
- contact you regarding your survey responses, or your promotion, sweepstakes or contest entry as required by law; and
- analyze, benchmark and conduct research on, user data and user interactions with the Services.
We may use Personal Information for any purpose otherwise allowed by applicable law.
3. How We Share and Disclose Information
Without in any way limiting the above, below are some examples of how we share and disclose information:
We may engage third party sponsors to provide goods and/or services at the Festival, including, but not limited to, on-site activations, contests, sweepstakes and giveaways. OTM reserves the right to share your Personal Information with sponsors that have on-site activations, contests, sweepstakes and/or giveaways.
Any information you choose to share on your profile page or in connection with the use of forums or message boards may be shared with OTM, other OTM users and third parties. It is your responsibility to maintain your anonymity and Personal Information, and we encourage you to think carefully about what Personal Information you disclose through these platforms.
We may employ third party companies and individuals and share your Personal Information and other data collected with those third party companies and individuals to facilitate or enhance our Services, to provide the Services on our behalf, to perform tasks (including, without limitation, maintenance services, database management, web analytics and improvement of our Services) or to assist us in analyzing how our Services are used.
Compliance with Laws and Law Enforcement
We will disclose any information about you, without your consent, to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to comply with applicable laws, to protect the property and rights of OTM, you or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to pose a risk of being, or is illegal, unethical or legally actionable.
Within our Company; Changes to our Company
We may share all or some of your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control to be used in a manner consistent with this Notice. Additionally, in the event we go through or undergo due diligence in anticipation of a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Notice, and that any entity that acquires such Personal Information by transfer may continue to process your Personal Information as set forth in this Notice.
Online Surveys/Sweepstakes and Contests. From time to time, we conduct online surveys and offer sweepstakes or contests on the Site (each, a “Promotion”), and we may collect Personal Information in connection with the same. By registering for a Promotion, you agree to allow OTM or third party services to collect your Personal Information and use that Personal Information, and any other data collected, to administer and analyze the Promotion. You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about the use of your Personal Information. To the extent that such rules conflict with this Notice, the Promotion rules will govern that particular Promotion.
Other Information and Ancillary Data Sets
Ancillary Data Sets are data sets derived from Personal Information or Other Information which do not contain any Personal Information. Other Information and Ancillary Data Sets are OTM’s property, without restriction.
4. Forums, Message Boards and Chats
We may make message boards, chat rooms, and other interactive forums available as Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Service, and is no longer private and confidential.
You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums. If you post a video, image or photo for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent.
You understand and agree that we do not screen our users, nor do we inquire into the backgrounds or attempt to verify the statements of our users, except as provided for herein with respect to children less than thirteen (13) years of age. You agree to take reasonable precautions in all interactions with other users of our Services. You should not provide financial information (for example, your credit card information or bank account information) to other users of our Services.
5. Children’s Information
The Services are not directed to, or intended for, children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age. No one under the age of 13 may provide any Personal Information through our Services. For the avoidance of doubt, if you are under 13 years of age, you should not register or provide Personal Information through our Services. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at email@example.com that we may delete and remove such child’s information from our systems.
We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.
6. Social Media and Online Engagement
7. Other Third Party Links
The Services may link to websites operated by third parties that we do not control, including the Third Party Websites and Applications described above. This includes any websites that you linked to from advertisements that appear on the Site. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of each website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Notice applies solely to information collected by us through our Services and does not apply to these third party websites. The ability to access information of third parties from our Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.
8. Ad Networks and Third Party Cookies
Network Advertising Initiative
Many Ad Networks participate in the Network Advertising Initiative (NAI) and abide by NAI principles, which prohibit members from connecting Personal Information to information they collect through cookies without your explicit consent. If you wish to opt-out of participating in advertising programs conducted by NAI member Ad Networks, please go to the following NAI Opt-Out website and follow the instructions: www.networkadvertising.org/choices. After you opt-out, you will still see advertisements from NAI member Ad Networks, but the advertising will not be tailored to your web preferences and usage patterns. We believe users should be informed about online advertising technologies and have the ability to choose whether they receive ads targeted to their interests. For more information about targeted advertising, please click the following links: www.aboutads.info.
We use Google Analytics, which is a website analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies” to analyze your use of the Services. The information generated by the cookie about your use of the Services is sent to and stored at a Google server in the U.S. Google will use this information to evaluate your use of the Services, to compile reports on your activities for website operators. Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you may be unable to use all features of our Services and the functionality of our Services may be impaired. Further, you can prevent the collection of data generated by cookies and related to the use of this website by downloading and installing the “plug-in” located at the following link: http://tools.google.com/dlpage/gaoptout.
We use Google AdSense, which is a service provided by Google to embed commercial information. Google AdSense uses “cookies” to analyze the use of the Services. Further, Google AdSense also uses web beacons (invisible images). These web beacons help process information, such as visitor traffic, on our Services. The information generated by cookies and web beacons about your activity (including your IP address) is sent to and stored at a Google server in the U.S. Google may also transfer this information to their contractual partners. However, Google will not associate your IP address with any other data stored at Google. By using our Services, you agree to the processing of the collected information by Google, according to the above mentioned purpose.
9. Security and Data Retention
We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information.
To the extent the law of your jurisdiction allows for notification of a breach via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.
10. Your Choices
You have several choices available when it comes to your Personal Information.
When you supply us with Personal Information, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site and Services, and/or our advertisers, sponsors or partners.
In all promotional emails, you will be given the opportunity to opt-out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to ten (10) business days for us to process your opt-out request.
Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important email communications without offering you the opportunity to opt-out of receiving them, such as customer service announcements and administrative notices.
Please note that changing information in wristband registration or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as a sponsor or affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.
11. Your California Privacy Rights
If you are a resident of the State of California, under the California Civil Code, you have the right to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the preceding calendar year. To request such information, send a letter to the below referenced address.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
IF YOU ARE A CALIFORNIA RESIDENT UNDER THE AGE OF 18, DO NOT SHARE ANY PERSONAL INFORMATION ON ANY FORUM OR MESSAGE BOARD. If you do post any Personal Information, you can remove it using Services functionality. This removal may not be complete given the nature of the Internet. Contact us at firstname.lastname@example.org for assistance.
12. Contact Information
If you have any questions about this Notice, please contact us via email at email@example.com or by mailing your question(s) to the following address:
℅ Brainquility Music and Arts Festival
P.O. Box 427
Safety Harbor, Fl. 34695.
13. Privacy Notice Changes or Modifications
We reserve the right to change, modify, add or remove portions of this Notice at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site or Services after this Notice has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Notice, as amended. We encourage you to bookmark this webpage and review this Notice regularly.
14. Disclaimer of Liability
THERE MAY BE THIRD-PARTY LINKS ON OUR SERVICES, WHICH WILL SEND YOU TO WEBSITES THAT ARE NOT OWNED, MANAGED, CONTROLLED, OR OPERATED BY OTM. CLICKING ON A THIRD-PARTY LINK IS DONE AT YOUR OWN RISK, AND BY DOING SO, YOU UNDERSTAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR FROM SUCH ACTION.