Chester Bennington Chester Bennington

PRIVACY POLICY
320 Festival, LLC ("320 Festival" or "we/us" etc.) produces the 320 Festival (the "Festival") and owns and operates the website located at 320festival.com (the "Site" or the "Website"). Thank you for your interest in and support of the Festival and the Site. We are firmly committed to the privacy of your personal information, and this policy explains 320 Festivals online information practices and the choices you can make about the way your information is collected and used.

This Privacy Policy applies to all information collected or submitted on the Website. The Site is not directed at children under the age of 13 and children under the age of 13 are not knowingly permitted to submit personal information on the Site. For more information about children under the age of 13 see the policy herein below.

320 Festival reserves the right, at its discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website and, if required by applicable law, notice to you via the 320 Festival service. Please check this policy periodically for changes. Your continued use of the Website and/or any 320 Festival products and services following the posting of changes will mean you accept those changes. Use of information that 320 Festival gathers is subject to the Privacy Policy in effect at the time of use.

If users have questions or concerns regarding this policy, they should contact 320 Festival by sending us an email to [email protected]. If you become aware that personal information 320 Festival maintains about you is inaccurate, or if you would like to update or review your personal information, you may contact 320 Festival by using the contact information below.


1. CATEGORIES OF INFORMATION WE COLLECT

320 Festival collects information when you use and access the Website. The information collected includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively, "Customer Information"). "Personal Information" is information about you that is personally identifiable, like your name, address, email address, passwords, home and business addresses, phone numbers, and information that is not otherwise publicly available. "Contact Data" is contact information you've developed that you may provide to 320 Festival to enhance your use of 320 Festivals products and services. "Message Data" includes the messages sent and received using 320 Festival services, information about those messages, and your account activity, such as log-in times and message storage capacity. "Traffic Data" is anonymous information about the nature of your usage of the Website and products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information. 320 Festival, HOWEVER, CANNOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION ACCESSIBLE ON OR TRANSMITTED VIA THE INTERNET.

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

* The domain name and/or the e-mail address of visitors to our Site.
* The e-mail addresses of users who communicate with us via the Site or via e-mail.
* Aggregate information on what pages on our Site users access or visit.
* Information volunteered by the user, such as through registration on the Site, e-mail update requests and general requests for information.
* Information about your transactions with us and transactions with third parties, such as the bands and venues for which 320 Festival provides ticketing and merchandising services.

2. USE AND DISCLOSURE OF INFORMATION WE COLLECT

When you register on this site, we may sell, share, or rent your personally identifiable information to others, including 320 Festivals members, sponsors, affiliates, and partners (the "320 Festival Affiliated Parties"). However 320 Festival will not provide your personally identifiable information unless you have opted in to receive emails from the 320 Festival Affiliated Parties. 320 Festival restricts access to your nonpublic personal information to those employees who need to know that information to provide information to you. 320 Festival maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.

320 Festival uses Customer Information to enhance your use of the 320 Festival services by processing such information for various purposes, including providing information to you about 320 Festivals products and services, formatting and displaying elements of Contact Data and Message Data to you and to those whom you send messages, delivering advertisements and related links, storing your messages, and other purposes relating to offering you 320 Festival products and services. 320 Festival uses non-identifying and aggregate information to better design the Website and to share with advertisers and Festival-related affiliates and sponsors. 320 Festival also may use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

320 Festival may engage a third party to perform functions on 320 Festivals behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing customer service. 320 Festival requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but 320 Festival will not authorize them to use it for other purposes. For more information on third parties please see Section 7 Onward Transfer to Third Parties or click here.

If 320 Festival desires to use Personal Information for any purposes other than those described in this Privacy Policy, 320 Festival will offer you the opportunity to opt out of such use of your Personal Information for those other purposes. For more information on how to opt out please see Section 6 Choice/Opt Out or click here.

3. SURVEYS AND CONTESTS

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

4. PURCHASES OR ORDERS

When you make purchases or conduct other business on on the Site, you will be directed to other sites where you will be asked to provide information on the purchase order form. When you are directed to a separate site that is 320 Festival owned site, the terms of this Privacy Policy apply. At any third party sites not owned by 320 Festival, we make no representations or warranties as to the privacy or protection of your personal information or the use thereof by such site.

5. COOKIES

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

When you visit the Website, 320 Festival may send cookies to your computer that uniquely identify your browser. 320 Festival uses cookies to improve the quality of 320 Festivals service by storing user preferences and tracking usage information. In addition, once you register on the site the cookie will reveal your name, address, or e-mail address. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you reject or disable cookies, you may not be able to utilize certain 320 Festival products and services or may not be able to access all areas of the site.

6. CHOICE/OPT OUT

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by specifically telling us to stop sending them to you. Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by clicking the unsubscribe link in the email or emailing us at [email protected]. In addition, for email communications received from 320 Festival owned sites, you will be able to opt out of further communications by clicking the unsubscribe option at the bottom of the email.

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

7. ONWARD TRANSFER (TRANSFERS TO THIRD PARTIES)

320 Festival may share aggregate information about our users with advertisers, business partners, sponsors and other third parties, though such summary information will not identify any specifics related to you. We may use the personal identifying information you provide to administer Site usage and monitor traffic-levels, and to contact you regarding improvements we can make to our Site and our services, if necessary. 320 Festival may engage a third party to perform functions on 320 Festivals behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing customer service. 320 Festival requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but 320 Festival will not authorize them to use it for other purposes. 320 Festival will apply the Opt-Out policies discussed above in the event we propose to disclose your information to a third party.

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

* 320 Festival has the individual's permission to make the disclosure;
* The disclosure is permitted by law or mandatory professional standards;
* The disclosure is reasonably related to the sale or other disposition of all or part of 320 Festivals business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization;
* The personal information to be disclosed is publicly available;
* The party to whom the disclosure is made controls, is controlled by, or is under common control with 320 Festival;
* The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
* The disclosure is to persons or entities for whom 320 Festival is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained;
* 320 Festival may share with third parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually;
* 320 Festival may share Customer Information when legally required to do so or at the request of governmental authorities conducting an investigation; or
* 320 Festival may share your Customer Information with a third party if you have consented to receive information from that third party through registration from a co-branded version of the 320 Festival service operated with a third party or through a communication or promotional program of a third party that is enabled by the 320 Festival service. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that 320 Festival shall have no liability to you for sharing of such information to such third parties and 320 Festival disclaims any and all liability relating thereto.

8. LINKED SITES

As a convenience to you, 320 Festival may provide links to third-party websites that are not owned or controlled by 320 Festival from within 320 Festivals website or 320 Festivals products or services. 320 Festival is not responsible for the privacy practices or content of these third-party sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site and other 320 Festival owned sites.

9. SECURITY

320 Festival is committed to protecting the privacy of the Website visitors and customers. The Website uses security measures to protect against the loss, misuse, and alteration of the information under 320 Festivals control. 320 Festival stores the information in a database in a secure environment. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, 320 Festival has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information 320 Festival collects online.

320 Festival limits access to Customer Information to 320 Festival personnel who need to come into contact with that information to provide products or services to you or in order to do their jobs. 320 Festival has physical, electronic, and procedural safeguards to protect the loss, misuse, and alteration of the Customer Information under its control. Customer Information that 320 Festival collects is stored in a secure manner that is accessible only by authorized 320 Festival personnel and is only disclosed under the provisions of this Privacy Policy.

It should be noted that e mails and other information you send to us is not encrypted and cannot be considered a secure means of transmitting sensitive information. 320 Festival will never ask you to submit your financial data such as your credit card account numbers, via e-mail. You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission.

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

10. CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA")

In addition to our general guidelines stated in this Privacy Policy, 320 Festival recognizes the need to provide additional privacy protections for children under the age of 13. The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13.

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

If 320 Festival receives actual knowledge that the site is being used by a child under the age of 13 320 Festival will obtain Parental Consent before collecting, using, or disclosing the child's personal information. We obtain parental or guardian consent to collect information from a child under the age of 13 through the following process:

A parent may email us at [email protected] to provide consent provided the email contains a digital signature, or other digital certificate that uses public key technology. Please put "Parental Consent for Child's Personal Information" in the subject line of the email.

The collection and use of personal information collected from children will be disclosed and used in the same ways described above in this Policy.

Our intention is not to disclose your information other than to our own employees and third party contractors who are bound by agreement with us to maintain the confidentiality of such information and who need the information in order for us to use the information as stated in this policy.

Before allowing a child to use a service of on our Site that might result in the public disclosure of the child's information to third parties on the internet, we require a high level of verification to confirm that the parent has given permission for the child's participation in such services. We may require a parent to provide us with credit card information, speak to a trained telephone operator, or return by postal mail or fax a signed consent form. Parents have the option not to consent to the disclosure of their child's contact information to third parties.


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