Privacy policy
Last Updated: December 1, 2022
1. INTRODUCTION
AGREEMENT AND PARTIES. Moodswings LLC (“Company,” “Moodswings,” “us,” or “we”) respects the privacy of the visitors to, and users of the services through, our various websites providing information relating to our Worlds® and Change Worlds® shows (“website” or “site”). This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between Company and you, as the user of the website and web services (“you”). This agreement tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this Policy, and the steps we take to ensure that your personal information is protected.
2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE
AGREEMENT TO TERMS. All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site that require the information. If you do not agree with the terms of this Policy or other terms of use on this website (such as our general terms and conditions for purchase of tickets at checkout), you may leave the website and, moreover, please do not provide us with personal information. The terms of use of this site are expressly incorporated herein by reference and made a part of this Policy. By using a Worlds® or Change Worlds® website, you signify that you agree to the terms of this Privacy Policy as well as to our terms of use.
3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY
EFFECTIVE DATES. This Privacy Policy is effective as of December 1, 2022, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this Policy periodically, as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.
4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
DISCLAIMERS. This Privacy Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond Moodswings’ control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through this site. This Privacy Policy does not apply to any information we may collect from you in any place other than this website.
5. PERSONAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, email address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of our website or features of the site, particularly in connection with completing transactions. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.
6. GENERAL INFORMATION WE MAY COLLECT
TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any other personal information.
A set of website features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you access this website through a mobile device, then we may collect information about your mobile device whether or not you provide us with any other personal information.
6.1. Your rights under the California Consumer Privacy Act of 2018, and as amended effective starting January 1, 2023 (CCPA):
You (“Consumer” under the CCPA) have the right to know what categories and/or specific pieces of personal information are collected about you from a “business” subject to CCPA and what information is sold or disclosed to third parties. Subject to statutory exemptions and exceptions, you also have the right to request that we delete the personal information that we have collected about you. By posting these rights we do not concede to being deemed a “business” under the CCPA. Nonetheless, you may submit a verifiable consumer request via the methods below. The Company does not knowingly “sell” personal information as defined by the CCPA and will treat information we collect from you as subject to a do not sell request. We only use information collected for business operational purposes (e.g., fulfilling transactions, advertising Worlds® shows, data analytics) and generally do not disclose information to third parties except to assist us in business operations. For more on disclosure to third parties, please see Section 10.
You may submit a verifiable consumer request in connection with the foregoing rights (i.e., what personal information has been collected, what information has been disclosed, deletion request) via the following methods: (1) send an email with subject matter “Privacy Rights Request” and specifying which right(s) you are requesting; or (2) write Attn: Privacy Compliance Officer, using the contact information at the end of this Agreement. Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. We may reply with a form or similar request for information in order to verify your identification and residency among other things.
We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected personal information. We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome. If you exercise your rights under the CCPA, you have the right to not be discriminated against.
6.2. Click Stream Data
When you visit our website, we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.
6.3. Cookies
We may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in Section 11.
6.4. How We Respond to “Do Not Track” Disclosures
We are strongly committed to not sharing personal information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser’s “do not track” signal.
6.5. Use of Social Media Tools
This website may allow you to use your social media accounts to pre-populate certain fields. If you choose to use this feature, you are allowing us to access your personal information. We encourage you to review the privacy policy and any terms and conditions for the social media platform you select.
7. USE OF COLLECTED INFORMATION ABOUT YOU
We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following:
A. To administer ticket sales and order updates and to otherwise provide you with the relevant products or services.
B. To send you information or materials via email about our shows, offers, and news we think might interest you. From time to time we may send information or material related to our venue affiliates. If you no longer wish to receive any emails from us, you may select unsubscribe. However, if you are unable to find an unsubscribe option, or if you want to modify your personal data or want your personal data to be deleted from our database, you may notify us as set forth in Section 6.1.
C. To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features, and promotions that you are most interested in.
8. PROTECTION OF YOUR INFORMATION
8.1. Security Measures
In order to protect both the personal information and the general information that we receive from you through our website, we have implemented various security measures, including data loss prevention, secure storage, backups, authentication & authorization and limited employee access.
8.2. Risk of Interception
Please keep in mind, however, that whenever you give out personal information online, there is a risk that third parties may intercept and use that information. While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.
9. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED
9.1 Registration Declined
The Company intends only persons who are 16 years or older to use this website. Personal registration information submitted by a person under the age of 16 will not be accepted. Any general information provided by a person under the age of 16 and gathered (for example, through the use of cookies) during their visit may be used as indicated in this policy (see Section 6). We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online. Under California’s “Eraser Button” law, California residents under age 18 who have registered to use the website may request removal of content they have posted. To make a request, please see Section 6.1
9.2. Notice Concerning Children
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user’s account.
10. THIRD PARTIES
10.1. Sharing Information With Persons or Entities Who Manage This Website
Company’s global and local websites and the personal information and general information collected are managed and controlled by Robert Blakeney (the “website manager”) located in the UK. The servers that make Company’s global and local websites available are located in the US, & Germany. If you are located outside the US or Germany, please note that the information you provide will be transferred to the website manager, and by submitting the information you authorize this transfer. Website Manager has entered into an agreement with the hosting company in Germany to provide safeguards for the protection of your data that are consistent with this policy.
10.2. Disclosing Information to Third Parties
WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the companies belonging to (or directly partnering with) Moodswings for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (ticketing and/or updating orders), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. Our direct partners abide by this privacy agreement. We will encourage our other service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. Please also see Paragraph 6.4 on how we will respond to “do not track” signals.
10.2.1. Categories of Personal Information Collected
We identify the categories of personal information that we may have collected about our users in the last 12 months, using the categories provided in the CCPA, as follows: Identifiers; Customer Records Information; Internet Usage Information; Geolocation Data; Inferences (e.g., your preferences, likelihood of interest in certain of our services). We generally do not disclose information to third parties; However, there is a possibility that we have disclosed, and reserve the right to disclose, the foregoing categories of information to our service partners as set forth above.
10.3. Security
RELEASE OF INFORMATION. The Company will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information on receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement, to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
10.4. Links to Third Parties
PURPOSE OF LINKS. For your convenience and to improve usage of the website, we may insert links to third parties on this site. This Privacy Policy does not apply to such third party websites. These links take you outside our service and off the Company’s site and are beyond our control. This includes links from service partners (e.g., venue affiliates and ticketing platforms) that may use Company’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policies and, although we seek to protect the integrity of our site, Company is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.
11. AUTOMATIC COLLECTION
COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your username and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options, you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
13. QUESTIONS OR COMMENTS
CONTACT INFORMATION. If you have any questions or comments relating to our website or this Privacy Policy, send an email with subject line “Attn: Privacy Compliance Officer” to privacy@mesmerica.com. We encourage you to email any questions, but if you are unable to do so you may mail your inquiry to;
Compliance Officer MOODSWINGS LLC PO BOX 6492 Altadena CA 91003 United States of America
WORLDS® and Change Worlds® are trademarks of Moodswings LLC, registration pending