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Privacy Policy

Last Updated: March 11th, 2019

 

EST Entertainment LLC, DBA FestFriends (“EST Entertainment”, “FestFriends” or “we”, “us”, or “our” ) is strongly committed to protecting the privacy of your personal information collected at or in connection with our website or mobile applications (referred to as the “site” or “apps”). The purpose of this Privacy Policy (the “Policy”) is to to inform you of our policies and procedures regarding the collection, use, and disclosure of personal information.

Scope

This privacy notice applies to the FestFriends website, application, service, or tool (collectively "Services") where this privacy notice is referenced, regardless of how you access or use them, including through mobile devices.

This privacy notice also applies to the provision of FestFriends' services through any FestFriends partner's website, application, service, or tool where it is referenced and/or where your postings/offers and their content may be published or advertised in accordance with the terms of this privacy notice.

We may amend this privacy notice at any time by posting the amended version on this site including the effective date of the amended version. We will announce any material changes to this privacy notice through the Service or via email.

Personal Information We Collect

We collect personal information from you and any devices (including mobile devices) you use when you: use our Services, create account with us or create an account with one of our partners where we provide ticketing services directly or through third party processors/providers, provide us information on a web form, or in the context of promotions (including prize draws), update or add information to your account, participate in a community board discussion chat, or when you otherwise correspond with us.

Some of this personal information, such as a way to identify you, to enable your use of the Services or to process a transaction, is necessary to enter into our “Terms & Conditions” (defined as the Terms & Conditions of Use associated with the Services a user is accessing). The provision of other personal information is voluntary, but may be necessary in order to use our Services;

We may also collect personal information from other sources, as described below.

Personal Information You Provide Us

  • Identifying information such as: your name, addresses, telephone numbers, email addresses business seller information, or tax identification number when you create an account with us

  • Information you provide us when creating a FestFriends profile, which may include a profile picture and access to your camera and/or photo library (if you choose to enable this service on your computer or device); music festivals or other events you will be attending or have attended based on your purchases on FestFriends (“Purchase History”); your favorite artists, festivals, genres, venues, or any other event-related interests based on your elected preferences (if you choose to provide these pieces of information) and anything you identify as a favorite on FestFriends (collectively, your “Favorites”); your FestFriends viewing history of festivals, products, artists, genres, etc., and your friend list on any linked social media accounts;

  • Buying, or selling information you provide during a transaction, or other transaction-based content that you generate or that is connected to your account as a result of a transaction you are involved in

  • Other content that you generate, or that is connected to your account (such as viewing products or attempting checkout)

  • Financial information (such as credit card, debit card, or PayPal or bank account information) in connection with a transaction

  • Postage, shipping, billing and other information used to purchase or send an item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates)

  • In some instances, when you use our Services, you may provide age, gender, interests and favorites

  • You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, chats, dispute resolution, or referral services, or when you otherwise communicate with us

  • Recordings of telephone communications, provided that consent has been obtained for recording in accordance with applicable laws

  • Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected

Personal Information We Collect Automatically

  • We collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from devices (including mobile devices) you use when you access our Services. This information could include the following: Device ID or unique identifier, device type, ID for advertising, and unique device token.

  • Location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings menu.

  • Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information.

Personal information We Collect Using Cookies and Similar Technologies

  • We use cookies, web beacons, unique identifiers, and similar technologies to collect information about the pages you view, the links you click, and other actions you take when using our Services, within our advertising or email content.

  • For more information about our use of these technologies, and how to control them, see Cookies, Web Beacons and Similar Technologies (alternatively referred to as Cookie Policy).

 Personal Information Collected from Other Sources

  • We supplement the personal information we collect directly with information collected from third parties and add it to your account information. For example, we collect and use demographic and other information that is publicly available in an applicable jurisdiction, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws;

  • We allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we can share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw authorization or connection to the social media site. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to the personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we can collect, use and retain the information provided by these social media sites in accordance with this privacy notice. We may also use plug-ins or other technologies from various social media sites. If you click on a link provided via a social media plug in, you are voluntarily establishing a connection with that respective social media site.

  • If you give us personal information about someone else, you must do so only with that person’s authorization. You agree to inform them how we collect, use, disclose, and retain their personal information according to our privacy notice.

How We Use Your Personal Information

We use your personal information to provide and improve our Services, provide you with a personalized experience on our sites, contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.

We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.

We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligations, protect your vital interests, or as may be required for the public good. This includes:

  • To provide payment processing and account management, operate, measure and improve our Services, keep our Services safe, secure and operational, and customize site content that includes items and services that you may like in response to actions that you take.

  • To contact you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service.

    • When contacting you for such purposes as outlined above, we may contact you via email, telephone, SMS/text messages, postal mail, and via mobile push notifications.

    • When contacting you via telephone, to ensure efficiency, we may use autodialed or pre-recorded calls and text messages as described in our Terms & Conditions and as authorized by applicable law. Message and data rates may apply.

  • To provide other services requested by you as described when we collect the information.

  • We use general location information to provide you with location based services (such as advertising, search results, and other personalized content).

  • To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and/or otherwise comply with regulatory requirements.

  • To enforce our Terms & Conditions of Use, this privacy notice, or other policies.

We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:

  • Personalize, measure, improve our Services and develop new Services.

  • Personalize, measure, and improve our content and advertising based on your advertising customization preferences.

  • Contact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services, as authorized by applicable law.

  • Contact you about public policy matters, or other current events, related to your ability to use our Services. This could include an invitation to join a petition, letter writing, call or other sort of public policy related campaigns.

  • Deliver targeted marketing, service updates, and promotional offers based on your communication preferences.

  • Measure the performance of our email marketing campaigns (e.g. by analyzing open and click rates).

  • Measure a sellers' performance

  • Monitor and improve the information security of our site and mobile applications.

With your consent, we may use your personal information to:

  • Provide you with marketing, notifications or price alerts based on your preferences via telephone calls, email, SMS or text.

  • Provide you with marketing from any of our corporate family members.

  • Provide you with marketing from third parties.

  • Customize third party advertising you might see on third party websites.

  • Use your precise geo-location to provide location based services.

  • Use your sensitive personal information to facilitate transactions in certain categories.

You have the right to withdraw your consent at any time.

We may use technologies considered automated decision-making or profiling. We will not make automated-decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.

Your Choices About How We Use Your Personal Information

You have choices about how we use your personal information to communicate with you, send you marketing information, provide you with customized and relevant advertising and content, and whether you want to stay signed in to your account.

Notification Preferences

You can control your email and push notification preferences within your profile.

Marketing

If you do not wish to receive marketing communications from us, you can unsubscribe via the link at the bottom of the email you received, change your email notification preferences within your profile, indicate your communication preferences using the method described within the direct communication from us or contact us as described in the Contact Us section below. Keep in mind, we do not sell, rent, or otherwise disclose your personal information to third parties for their marketing purposes.

Advertising

If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement, or through the programs described in Cookies, Web Beacons and Similar Technologies. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of personal information as otherwise described in this privacy notice. We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes, without your consent.

Staying Signed in

When you sign in to your account on our Services, we give you the option to stay signed in to your account for a certain amount of time. If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorization. The specific actions and account activities that you or any other user of this computer/browser may take include:

  • View festival events and/or products

  • Place bids and/or asks, or elect to buy or sell now

  • Add favorite festivals or products

  • View the account/profile page

  • View or edit bid/ask details or other transaction details

  • Conduct any after sale/purchase activities

If you attempt to change your password, User ID, update any other account information or attempt other account activity beyond those listed above, you may be required to enter your password.

You can typically end your signed in session by either signing out and/or clearing your cookies. If you have certain browser privacy settings enabled, simply closing your browser may also end your signed-in session. If you are using a public or shared computer, you should sign out and/or clear your cookies when you are done using our Services to protect your account and your personal information.

How You Can Access, Control, and Update Your Personal Information

We respect your right to access, correct, request deletion or request restriction of our usage of your personal information, as required by applicable law. We also take steps to ensure that the personal information we collect is accurate and up-to-date.

  • You have the right to know what personal information we maintain about you.

  • We will provide you with a copy of your personal information in a structured, commonly used and machine-readable format upon request, and we can provide it to other companies as well.

  • If your personal information is incorrect or incomplete, you have the right to ask us to update it.

  • You have the right to object to our processing of your personal information.

  • You can also ask us to delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to some of our Services.

Access, Correction, and Deletion of Your Personal Information

You can see, review, and change most of your personal information by signing in to your account. Please update your personal information immediately if it changes or is inaccurate. Keep in mind, once you make a public posting, you may not be able to change or remove it.

We will honor any statutory right you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us following the instructions in the Contact Us section below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.

If you request that we stop processing some or all of your personal information or you withdraw (where applicable) your consent for our use or disclosure of your personal information for purposes set out in this privacy notice, we might not be able to provide you all of the Services and customer support offered to our users and authorized under this privacy notice and our User Agreement.

Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

How We Share Your Personal Information

We may disclose your personal information to other members of the EST Entertainment LLC corporate family or to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We attempt to minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not sell, rent, or otherwise disclose your personal information to third parties for their marketing and advertising purposes without your consent.

We may disclose your personal information to the following parties for the following purposes:

EST Entertainment LLC corporate family members, who may use it to:

  • Provide joint content and services (like registration, transactions, and customer support)

  • Help detect, investigate, mitigate and prevent potentially fraudulent and illegal acts, violations of our Terms & Conditions, and data security breaches

  • Provide you personalized advertising

  • Improve products, sites, applications, services, tools, and marketing communications

  • Members of our EST Entertainment, LLC corporate family may use your personal information to send you marketing communications only if you have consented to receive such communications from them or if otherwise permitted by the law.

FestFriends Business Partners

  • We may share certain identification data, and other personal information about your transaction that may include personal data, with business partners when such disclosure is deemed necessary in order for FestFriends to offer you or for you to be able to use the Services. For example, we may share this kind of information with event and venue operators, owners, managers, operators, or other third parties involved in the event for which you sell or buy a ticket.

  • With your consent, we may share your personal data with business partners that request it in order to provide you with a better experience when using our Services or the services of the business partner (including their independent marketing purposes subject to their privacy policies).

Service Providers and Financial Institutions Partners:

  • Third party service providers who help us to provide our Services, payment processing services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our Terms & Conditions, fraud and/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operations.

  • Third party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.

  • Third party shipping providers (e.g., UPS, FedEx, DHL, USPS, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communications.

  • Third party providers of websites, applications, services and tools that we cooperate with so that they can publish or advertise your listings and their content on their websites or in their applications, services and tools. If we transfer personal information along with the content of your listings to third party providers, this will be solely on the basis of an agreement limiting use by the third party provider of such personal information to processing necessary to fulfill their contract with us and obligating the third party provider to take security measures with regard to such data. Third party providers are not permitted to sell, lease or in any other way transfer the personal information included in your listings to third parties.

Law Enforcement, Legal Proceedings, and as Authorized by Law

  • To comply with our legal requirements, enforce our Terms & Conditions, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.

  • To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and listing and sales and purchase history.

  • To credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file).

  • To third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

  • To third parties in response to a legitimate and verified legal complaint.

Other FestFriends Users as Authorized by You or Your Use of Our Services

  • When necessary, sellers may receive information about you necessary to complete the transaction, to provide box office services or to ensure you access to the venue, such as your name, email address, contact details, shipping and billing address, or other information. Buyers may see information about the seller in certain cases, e.g. where included as a return address on the ticket shipment.

  • The other user receiving your information may only use it for purposes related to the transaction. Unless you have consented to receive marketing from them, they should not contact you for marketing purposes.

  • Contacting users with unwanted or threatening messages is a violation of our Terms & Conditions.

We may disclose your personal information to Stripe, Inc. and its corporate family

  • To prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your FestFriends or Stripe accounts

  • To provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes)

  • To facilitate the processing of payment cards when you pay within our Services with a payment card and we use Stripe to process your payment

  • To facilitate shipping and related services for purchases you made using Stripe

Change of Ownership

If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes.

How Long We Store Your Personal Information

We retain your personal information for as long as necessary to provide the Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.

Our specific retention times for personal information are documented. How long we retain personal information can vary significantly based on context of the Services we provide and on our legal obligations.

The following factors typically influence retention periods:

  • How long is the personal information needed to provide our Services? This includes such things as maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most of our data retention periods.

  • Is the personal information sensitive? If so, a shortened retention time is generally appropriate.

  • Have you provided consent for a longer retention period? If so, we will retain data in accordance with your consent.

  • Are we subject to a legal, contractual, or similar obligation to retain your personal information? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or personal information retained for the purposes of litigation.

After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.

Cookies & Similar Technologies

When you visit or interact with our sites, services, applications, tools or messaging, we or our authorized service providers may use cookies and other similar technologies to help provide you with a better, faster, and safer experience, and for advertising and marketing purposes.

How We Protect Your Personal Information

We protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. For more information about staying safe while buying and selling online, or to report an issue with your account please visit our Security Center.

Other Important Privacy Information

This section describes some additional privacy information related to your use of our Services that you may find important.

What Happens When You Share Your Personal Information on Our Sites or Applications?

Other users may have access to the information you share on FestFriends as necessary and appropriate to complete a transaction as described above in How We Might Share Your Personal Information.

Your Responsibilities Over Transactional Information You Receive Through FestFriends:

For certain transactions, we may provide you with the personal information of the other user (such as their name, email address, contact details and transaction data) to complete the transaction or enable entry to a venue. Independent from us, you are the controller of such data and we encourage you to inform the other user about your privacy practices and respect their privacy. In all cases, you must comply with the applicable privacy laws, and must give the other user a chance to remove them from your database and them a chance to review what information you have collected about them.

You may use the personal information that you have access to only for FestFriends transaction-related purposes, or for other services offered through FestFriends, and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our Terms & Conditions.

Unwanted or Threatening Emails

We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list (email or postal), call, or send text messages for commercial purposes, even if this user purchased something from you, unless the user has given his/her explicit consent. Sending unwanted or threatening email and text messages is against our Terms & Conditions. To report FestFriends-related spam or spoof emails please forward the email to support@festfriends.app

Communication Tools

We may scan messages automatically and check for spam, viruses, phishing and other malicious activity, illegal or prohibited content or violations of our Terms & Conditions, this privacy notice or our other policies.

Children's Privacy

Our websites are general audience websites and not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws.

Third Party Privacy Practices

This privacy notice addresses only our use and handling of personal information we collect from you in connection with providing you our Services. If you disclose your information to a third party, or visit a third party website via a link from our Services, their privacy notices and practices will apply to any personal information you provide to them or they collect from you.

We cannot guarantee the privacy or security of your personal information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your personal information. This is true even where the third parties to whom you disclose personal information are bidders, buyers or sellers on our site.


Contact Us

 

If you have a question or a complaint about this privacy notice, our privacy standards, or our information handling practices, you can reach our Legal department, in writing at:

FestFriends, EST Entertainment LLC

Attn: Legal Department

200 Spectrum Center Drive, Irvine, CA 92618

Your right to file complaints with a data protection supervisory authority remains unaffected.