1. Who We Are. Key Brand Entertainment Inc. (“KBE”), and its affiliated companies, are the premier producer and distributor of live-theater in North America (“Us”, “We”, “Our”). KBE’s key assets include Broadway Across America (www.broadwayacrossamerica.com) and Broadway Across Canada (www.broadwayacrosscanada.ca), Our theatrical touring business, and Broadway.com, Our live-theater information and ticket website.
3. Where this Policy Applies. Transactions that transpire on Our Sites occur, or are deemed to occur, within the United States of America (“USA”). This Policy shall be governed solely by the privacy and other laws and regulations of the USA. KBE makes no representation or warranty that Our Sites or services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as “Nation”). Those who access and use Our Sites from another Nation does so at his or her own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which Our Sites are accessed. Your use of Our Sites is Your acknowledgement that Our Sites and the products and services rendered by Us are subject to the laws and regulations of the USA, and You specifically waive any right to pursue claims that may arise under the laws of Your home Nation or the Nation from which You access Our Site.
We reserve the right to change, modify, add, or remove (“Change”) provisions of this Policy and We will endeavor to notify You of any such Change by posting a notice conspicuously in one of more of the following places: the home page of all of Our websites or the opening screen of any mobile device to which this Policy applies. Any such Change shall be effective immediately. Please check back from time to time to ensure continuing familiarity with the most current version of Our Policy. You can determine whether this Policy has been revised since Your last visit to Our website by referring to the “Last Updated” legend at the bottom of this page.
4. Your Consent. Please read this Policy carefully. Your use of Our Site or Your use of other means of providing Your personal information to Us constitutes Your acceptance of the terms and conditions of this Policy without limitation, qualification or change. Your continued use of Our Sites or Your use of other means of providing Your personal information to Us including Our non-electronic services (e.g. in-person box office sale) is Your consent to be bound by the terms and conditions of this Policy and Your promise to abide by the practices We describe herein, in Our printed materials, and in other places on Our Sites. If You do not agree with this Policy or any other policy on Our Sites, or in Our printed materials, do not use Our services or Sites.
5. What Information We Collect. KBE uses SSL or “Secure Sockets Layer”, an industry standard protocol, for completing online transactions including when We gather information from You. We collect two (2) types of information from You through the use of Our Site: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”).
A. Personally Identifiable Information Includes. PII is information that identifies or can identify You as an individual, such as Your name, residential address, city, state and zip code, birth year, e-mail address and billing information. In some cases, depending upon the technology You employ to gain access to the Internet and ultimately, Our Sites, Your Internet Protocol (“IP”) address may be deemed by some jurisdictions as PII.
B. Non-Personally Identifiable Information. Non-PII is anonymous and does not identify You personally. Non-PII is generally collected through the Site from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that You voluntarily provide (as explained below). When You visit and interact with the Site, We and third parties with whom We have contracted to provide services to Us, may collect Non-PII (for example, a catalog of the Site pages You visit).
i. IP Protocol Addresses and Web Logs. Our Site’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to Your computer by Your Internet Service Provider (ISP). This number is identified and logged automatically in Our server log files whenever You visit Our Sites, along with the time(s) of Your visit(s) and the page(s) that You visited. This information is collected in an aggregate form only and does not contain any PII. We use Your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many sites. In addition to the Non-PII usage of IP Addresses described above We also may link Your IP address to personally identifiable information for fraud prevention purposes.
ii. Pixel Tags. We and Our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted e-mail messages to track Your use of Our Site in order to provide You with more useful information and a more personalized experience the next time You visit. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags do not contain any PII and allow Us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when an e-mail has been opened.
5. How Information We Collect Is Used. We know You want Your PII information You share with Us to be protected from unauthorized use. That’s why We take appropriate security measures to help safeguard this information from unauthorized access and disclosure. For example, only employees integral to providing You with the product(s) or service(s) You request from Us are permitted to access Your PII, and they may do so for limited reasons. We encrypt credit card numbers and other sensitive information before it is sent from Your computer to Ours. We also use firewalls to help prevent unauthorized access to Your PII.
We want for You to feel confident when using Our Site. However, You should know that no system is completely secure. Although We use industry accepted and commercially reasonable efforts to secure Your information, there is always a chance that it will not always remain secure. For example, avoid sending personal information through insecure e-mail. We will not ask for You to send Us any financial information via electronic mail.
A. Non-Personally Identifiable Information. We may use Non-PII to measure the number of visits to, and, average time spent on, the Site, the pages viewed as well as to diagnose problems with Our servers and to administer the Site in general. The resulting information may be used to analyze and improve the features and functionality of the Site. We may use non-PII information about You and other Site visitors to sell and deliver advertising, promotions and content that We believe will be of interest to You.
We reserve the right to share such Non-PII, with third parties, for example, advertisers, who are not part of the Broadway.com family on an aggregate or other basis that does not disclose any of Your PII. In some instances, We may combine Your Non-PII with PII (such as embedding e-mail addresses in cookies). If We do combine any Non-PII with PII, the combined information will be treated as PII. This “combined” PII is not shared with third parties, except as described in this Policy.
B. Personally Identifiable Information.
i. Site. The PII You provide may be used to tailor Your Site experience to Your interests, to show You content in which You may be interested and to display the content according to Your preferences. We may also share Your PII within the KBE business family in order to enhance Your experience on other websites that are part of Our business family or otherwise for Our affiliates’ use in accordance with this policy. To the extent We do so, We make sure that Your PII receives the same level of protection as it does on Our Sites. All companies affiliated with Us comply with applicable privacy and security laws applicable to them and, at a minimum, in any commercial e-mail they send to You, will give You the opportunity to choose not to receive such e-mail messages in the future. Please note that such sharing may involve the collection use, storage, or disclosure of PII outside the US. FOR CANADIANS: Please note that such sharing may involve the collection, use, storage or disclosure of PII outside of Canada in the U.S. and therefore Your PII may be subject to access under the laws of that jurisdiction.
ii. Communications. When You complete the ticket purchase, becoming a customer of Us, You will be automatically enrolled to receive future communications from Us including Our newsletter. Unless You opt out, We may use Your PII to send You information about Us, Our services, as well as promotional material on behalf of companies within Our business family and select partners, where and as long as permitted by applicable law.
iii. Administrative Matters. We reserve the right to contact You in the event of a change in the Policy or to notify You of other administrative matters in connection with the Site or Our business (e.g., contacting You to facilitate, complete or confirm a transaction), where permitted by applicable law. Where this information facilitates, completes or confirms a transaction with Us, or where this information may be otherwise important to Your use of the Site, You may not opt-out of receiving such communications, except where applicable law requires.
iv. Fulfillment of Requests. We may use Your PII to fulfill the purpose for which such PII was provided (e.g., to confirm Your registration or fulfill Your purchase). Once You have registered with Our Site, forms may sometimes be pre-populated with Your PII in order to facilitate a transaction between You and Us on subsequent visits.
v. Internal Business Purposes. We may also use Your PII for Our internal business purposes, such as to target advertising, for data analysis, for audits, for fraud prevention and for other internal purposes.
vi. Purchases. From time-to-time We may offer merchandise and/or other products or services for sale from one of Our e-commerce partners. To the extent the merchandise and/or ticket purchase services are offered by one of Our e-commerce partners, such e-commerce partner will be collecting and using the PII You provide. For more information regarding Your transactions with Our e-commerce partners, please refer to Section 4(b) below.
To the extent that We are offering the purchase services, when You make a purchase through the Site, We will collect Your credit card number or other payment account number (for example, Your PayPal account number), billing address (including zip code) and other information related to such purchase (collectively, “Payment Information”) from You. We will use the Payment Information for billing and fulfillment purposes. We may also use Your Payment Information to allow Us to confirm Your purchase, deliver tickets and/or receipts to You, respond to customer service requests, review and enforce limits on the number of tickets purchased per event and to help prevent credit card fraud. By providing Your Payment Information, You are authorizing Us to share such information with certain third parties for these purposes (e.g., to process Your credit card or payment account number and to send You products You have ordered).
vii. Online Surveys and Sweepstakes. On occasion, We may conduct online surveys and/or offer sweepstakes on the Site (each referred to as a “Promotion”), and We may collect PII when doing so. We may use Your PII to contact You regarding Your Promotion entry, or to contact You if You win a Promotion (if applicable), where permitted by applicable law. You should carefully review the Promotions rules (if applicable) in which You participate through the Site, as they may contain additional important information about Broadway.com’s use of Your PII. To the extent such rules conflict with this Policy, such rules will govern that particular Promotion.
6. How Personally Identifiable Information We Collect Is Disclosed
A. Affiliate Communications and Third Party Communications. Unless You opt out, We may share Your PII with Our affiliates, including venues, promoters or sponsors of events, artist representatives and fan clubs, teams, leagues and others who are involved in or bring You events. When You buy or sell tickets or bid in an auction on Our Site (or try to do these things), You consent to allow Us to provide Your PII to these event providers and their contractors. We share this information so these event providers may send You announcements and notifications of events, products or services that might be of interest to You, where permitted under applicable law. For further information, please see the “Opt-Out Policy” section below.
B. Service Providers. We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing and other services of an administrative nature. We want for You to know that We reserve the right to share Your PII with such third parties for the purpose of enabling these third parties to provide such services to Us so that We may provide Our services and/or merchandise. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how We do so.
C. Online Surveys/Sweepstakes. We may share PII collected in connection with Promotions conducted through Our Sites with the third-party sponsor(s) and/or the prize provider(s) of any such Promotions (irrespective of whether such Promotions are hosted by Us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which You participate through the Site, as they may contain additional important information about a sponsor’s or other third parties’ use of Your PII. To the extent such rules conflict with this Policy, the rules of the particular Promotion shall apply.
D. Other Purposes. We also may disclose Your information:
i. In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or another government agency; to establish or exercise Our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, We may raise or waive any legal objection or right available to Us.
ii. When We believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Our company, Our users, Our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce Our Site terms and conditions or other agreements or policies.
iii. In connection with a substantial corporate transaction, such as the reorganization or sale of Our business, a divestiture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy.
7. Collection of Information by Affiliates
C. Third Party Advertising. The ads appearing on this Site are delivered to You by Our third party advertising partners. In the course of serving advertisements to this Site, Our third-party advertiser may place or recognize a unique cookie on Your browser. Non-PII about Your visits to this Site, such as number of times You have viewed an ad, is used to serve ads to You. Some of these third parties may be advertising networks that are members of the Network Advertising Initiative, which offers a Site to opt out of ad targeting from several advertising companies (www.networkadvertising.org).
8. Opt-Out Policy
A. Communications. When You supply Us with PII, from time-to-time, in Our discretion, You may be asked to indicate whether You are interested in receiving information from Us, about special offers in connection with the Site, from KBE affiliates and/or Our advertisers and partners. Unless You opt out to receive such communications, We may, from time to time, send You such marketing communications. FOR CANADIAN RESIDENTS: Notwithstanding the foregoing, We will not send you such marketing communications by electronic message unless You have expressly consented to receive them and have not withdrawn Your consent in accordance with the following.
If You no longer desire to receive the commercial e-mails We send, 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 e-mail that says “unsubscribe,” “opt out”, or “To update your email preferences or to be removed from our lists”. It may take up to 10 days for Us to process an opt-out request. Even if You have unsubscribed from receiving third party promotional e-mails from Us, We may send You other types of important e-mail communications without offering You the opportunity to opt out of receiving them, where permitted by law. These may include customer service announcements, administrative notices and surveys. Please note that opting out of receiving promotional e-mail communications will affect only future communications from Us. If We already provided Your information to a third party before You changed Your preferences or updated Your information, You may have to change Your preferences directly with that third party as well.
B. Affiliate and Third Party Communications. From time-to-time, You may be provided with the opportunity to opt-in to receive offers directly from third parties. Once You have opted in to such opportunities, unless You opt out to accept any such offer(s), any PII provided to Us for such purposes may be shared with third-party partner(s), to allow such third parties to provide You with valuable information You may enjoy. If You would prefer that We no longer share Your PII with Our affiliates and/or with third parties for their marketing purposes, You may opt-out of such future sharing at any time by following the procedure above, provided however, You may not be able to opt out of certain third party offers that are displayed on Our Site except where applicable law requires.
9. Use of This Site by Children Under the Age of 13 Prohibited. KBE is a family oriented business. We adhere to the principles set forth in the Children’s Online Privacy and Protection Act (“COPPA”), as amended, and ask You, if a parent or guardian of minor children, to familiarize yourself with the prescribes of COPPA. Our Sites are not developed with the intention of that they will be used by minors and specifically, they are not directed to children age thirteen (13) or younger. We request that any such person under the age of thirteen (13) years old not use Our Sites. If a parent or guardian believes that his or her child may have provided Us with PII, for example, by misrepresenting his or her age, that parent or guardian should contact Us at email@example.com with the particulars of the information We are alleged to have collected. If We determine that Your child under the age of thirteen (13) years old has provided Us PII We will immediately delete all such information. For additional information regarding the use of the Internet by minors visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online http://www.onguardonline.gov/topics/kids-privacy.aspx
10. Accessing, Updating or Deleting Information Collected About You. You control the PII that You have provided to Us by way of the Sites. For example, on broadwayacrossamerica.com You may do so by linking to the Log In To Your Account page, or herein and following the instructions to modify Your user information. To the extent that such information is stored in Our databases, We will respond to Your changes as soon as reasonably possible. Please note that although this information will not be available on Our Sites after You delete it, the information may remain stored indefinitely in Our backup and archival records for legal and accounting purposes.
11. Security of Your PII. We employ reasonable security measures consistent with standard industry practice, for PII collected through Our Sites, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While We take reasonable and appropriate steps to safeguard PII under Our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be one hundred percent secure. As such, We cannot guarantee that PII supplied by You will not be accessed on Our servers, or intercepted while being transmitted to Us over the Internet. We assume no liability for any damages You may suffer as a result of interception, alteration or misuse of information during such transfers. If You have reason to believe that there has been any breach of the security of the Site, please contact Us at firstname.lastname@example.org.
12. Limitation of Liability. KBE will not under any circumstances be liable to You for any consequential, incidental or special damages (including but not limited to lost profits) arising out of Your use of Our Sites, even if apprised of the likelihood of such damages occurring. Notwithstanding the foregoing, KBE’s liability is limited to the actual cost of any product or service purchased by You through Our Sites.
13. Contacting Us Regarding Our Sites. If You have any questions concerning this Policy, Our privacy practices or Your PII, You may send them by e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your e-mail correspondence with Us. You must send any official correspondence to:
Key Brand Entertainment Inc.
1619 Broadway, 9th Floor
New York, New York 10012
Attention: General Counsel
14. Your California Privacy Rights. If You are a California resident, You have the right to request information about how We share certain categories of personal information with third parties. California law gives You the right to send Us a request at a designated address to receive the following information:
A. the categories of information We disclosed to third parties for their direct marketing purposes during the preceding calendar year;
B. the names and addresses of the third parties that received that information; and
C. if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
If You have any questions, please click here for information on how to contact Us.
Any question You may have regarding Your privacy on Our Sites should be made in writing and sent to, firstname.lastname@example.org.
For information regarding protecting Your data online, refer to the Federal Trade Commission’s website located at www.ftc.gov.
Last Updated: June 24, 2014
© 2014 Key Brand Entertainment Inc. All Rights Reserved.