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PRIVACY POLICY

Effective Date; September 1, 2021

As an open ticketing platform, NoCap Live, Inc. ("NoCap," "we," "our," or "us") hosts listings and sells tickets on behalf of companies or individuals. We refer to these individuals or companies who set up events on the NoCap platform as "Sellers". Events are created and administered by Sellers and NoCap hosts these events on our platform. In order to purchase a ticket for a Seller's event, you may need to create a NoCap account (information above referred to collectively as the "Services"). If you have any questions about an event or a Seller's use of your data, please contact the Seller directly.

Any capitalized terms not specifically defined herein have the meaning assigned to such term as defined in our Terms and Conditions.

This privacy policy ("Privacy Policy") has been designed with you ("User," "you," or "your") in mind. How the Privacy Policy applies to you will depend on the way in which you interact with us. For example, if you:

  • Purchase a ticket from us, we will use the information you provide us to fulfill both our and the Seller's obligations to you in delivering that service, and, where permitted, keep you up to date about other events that may be of interest to you; and
  • When you browse our sites, we use cookies to tailor your experience and hopefully provide you with a seamless experience.

In this Privacy Policy, we use the word “Data” to describe all the information we collect that relates to you and your use of our Services. “Data” is broken into different categories, which we may refer to separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy. The word “Data” does not apply to de-identified, anonymized, and aggregated data that may be derived from Data, such as traffic patterns, search activity, and other information that cannot be reasonably connected with any individual (“De-identified Data”). We may use De-identified Data for our own purposes in any manner and without attribution or compensation to any person.

Your choices and rights under each scenario are explained in more detail below.

Lawful Basis for Processing

Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data. We do that in the various sections throughout this Privacy Policy. In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our use of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use the De-Identified Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent us from retaining and processing Data if we have gathered such Data pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, or through an app store, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.

What Data We Have & Where We Get It

Contact and billing information. When you create an account, buy a ticket or have a ticket transferred to you by a friend, we will collect your Data which depending on the service we are providing, may include your contact and billing information.

Information you post. When you use a social media feature within our website or apps, and you post to social media platforms, the social media site will provide us with some Data about you.

Demographic Information. We use suppliers who collate geodemographic data which assists us in better personalizing our services to you. If you'd prefer that we do not do this, see the 'Your Rights & Choices' section below.

Accessibility Information. If you have accessibility requirements, we want to make sure you have the best experience when attending events. To do this, we need to collect details of your accessibility requirements (which may involve you providing Data about your mental or physical health).

Children’s Information. In the few instances where we collect Data from children, we always seek parental consent and will only ever collect such Data for the purposes specified when we collect it. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, and except to the extent allowed or required by law, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at [email protected]

We collect information, that may include Data, from you passively. We use tracking tools like browser cookies and web beacons. To learn more about these tools and to control them, please click here. We also collect information from our apps that may include Data, such as usage and geolocation data.

We get information that may include Data about you from third parties. For example, if you use a social media feature within our websites or apps or post to a social media platform, the social media site will give us some information, that may include Data, about you.

Other Information. When you use our websites or apps, we collect information, that may include Data, such as the browser and device you're using, your IP address, your location, the site you came from, what you did and didn't use our site/app for, or the site you visit when you leave us. For more information on how we collect this information, see our Cookies Policy.

How We Use Your Data & Why

For the performance of our contract with you. When you enter into a contract with us (for example to buy merchandise or a ticket), we use your Data to process your order and provide you with customer support. This includes sending you emails about your account or a ticket purchase. We might also contact you about this Privacy Policy or our website terms.

We use Data to improve our products and services. We might use your Data to customize your experience with us. This could include displaying content based upon your preferences.

We may use your Data to improve our Services. We may combine Data we get from you with information about you we get from third parties to improve our Services. We may also convert this Data into De-Identified Data.

We use Data for security purposes. We use Data to protect our company, our customers, or our websites. This includes to detect or prevent unlawful behavior.

We use Data for marketing purposes. For example, we might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we'll enroll you in our newsletter. To learn about your choices for these communications, read the choices section below. We may also use push notifications on our mobile apps. If you click or view an ad on our Services, then you consent to the likelihood that the third party will assume that you meet the targeting criteria, if any, used to display such ad, and as described above, you will be subject to the advertiser's privacy policy and information collection practices (if any).

We may use push notifications and your location Data in our apps to send you alerts regarding local events.

We keep your Data only as long as it is necessary or relevant for our business. We also keep Data for other legal purposes, including to resolve disputes, enforce our agreements and otherwise required by law.

Who We Share Your Data With & Why

If you request us to make your Data available to a third party, and such request furthers the purposes of our Services or is pursuant to a proper request for portability, we will do so.

We will share Data within the NoCap family of companies to either provide you with or improve the Services.

We will share Data with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our IT infrastructure or who fulfill your purchases. Some vendors may be located outside of the United States.

We will share Data with our business partners. This includes a third party who provides an event such as the artist, promoter or team, or sponsors an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those policies to learn how they treat your information.

We will share Data with third parties who sell products or services to you. We will disclose your Data to a ticket buyer or seller for order fulfillment purposes if you buy or sell tickets via our resale platform, or with a third party who provides you with ticket insurance or merchandise.

We may share Data if we think we have to in order to comply with the law or to protect ourselves. For example, we will share Data to respond to a court order or subpoena. We may also share Data if a government agency or investigatory body requests it. Or, we might also share Data when we are investigating potential fraud.

We may share Data with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent.

Further, we do not sell your Data for any purpose.

Your Choices & Rights

Under applicable data protection, privacy and other laws, you have certain rights related to your access and control of your Data. Such rights may include the following:

  • The right to access, correct, update, or request deletion of your Data. If you have an account with us, you can also do this by logging in and updating your information.
  • The right to object to processing or restrict the processing of your Data. Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services.
  • The right to request portability of your Data.
  • The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
  • The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making. We don't typically carry out automated decision making but, if we do, we will make it clear where such decisions are being made.
  • The right to submit a complaint to any applicable regulatory authority about our processing activities.
  • The right to opt-out of us sharing (as defined in the California Privacy Rights Act) your Data, including for direct marketing purposes, subject to certain legal exceptions.

We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods in this Privacy Policy.

Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.

We will try to comply with your request(s) as soon as reasonably practicable. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.

To opt-out of the use of cookies and tracking tools, please see our Cookies Policy.

To opt out of location tracking and push notifications, you can change the settings on your device or keep your location off. To stop web push notifications, you will need to change your browser settings.

To object to personalization you can change your preferences within your account. If this option is not available you can contact us and we will do it for you.

To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at [email protected] or at (800) 683-6895.

A. Privacy for EU/UK Residents

The Regulation (EU) 2016/679 (General Data Protection Regulation) made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data we collect and how we use that data. This Privacy Policy does that and if you have any questions for us regarding our data collection, please contact us at [email protected]

Pursuant to the GDPR, residents of Europe have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. Please contact us if you have any questions.

Further, if you are a resident of the United Kingdom ("UK"), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR") is different than the GDPR, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.

B. Privacy for California Residents

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), portions of which take effect January 1, 2022. We comply with the requirements of the CCPA, CPRA, and all other applicable California laws to the extent they apply to us.

If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.

For more information, please direct your questions to us at [email protected] or you can call our toll-free number at (800) 683-6895. We will respond to your request within 45 days if possible and as required under the law.

Security

We have security measures in place to protect your Data. The security measures we use will depend on the type of Data collected.

We only keep your information for as long as required to provide you with the Services, for the purposes outlined in this Privacy Policy and for any legal purposes for which we are obliged to keep the Data. We will securely delete your information when it is no longer required for these purposes, in line with our company policies.

As a part of a global group of companies, we rely on shared services, some of which are located outside of Europe. At the same time, when world-class acts are touring, in order to provide you a seamless experience, your Data may be transferred internationally.

When transferring Data in this way, there are strict rules in place to ensure your Data is still protected to a high standard. Where we do this, we will ensure that appropriate safeguards are put in place. Where your information is transferred outside of the European Economic Area, we will use one of the mechanisms listed below.

  • Standard Contractual Clauses approved by the European Commission
  • Binding Corporate Rules
  • Binding Corporate Processor Rules

THIRD-PARTY POLICIES

You may be able to access third-party websites and other tools and services or products via a link, or via our other tools. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any offering, site, or other products and Services used in connection with the Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date located at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

CONTACT US

If you have any questions about this policy or other privacy concerns, you can email us at [email protected] Please do not include your credit card number or other sensitive information in your email.