Privacy Policy

LAST UPDATED AND EFFECTIVE AS OF: April 20, 2023

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE. This website is provided by Mindplay. By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by us. From time to time, we may change this Privacy Policy. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this website following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless we provide you with specific notice, no changes to our Privacy Policy will apply retroactively.

For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact privacy+mindplaynyc@situationinteractive.com.

If you are a resident of California, Virginia or another U.S. state with a separate consumer privacy law, please see additional disclosures and rights in the “RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES“ section below.

If you are a resident of the European Union, United Kingdom or Switzerland, please see additional disclosures and rights in the “EU VISITORS“ section below.

INFORMATION WE COLLECT AND HOW WE USE IT

  1. Personal Information. Your provision of your Personal Information to us is completely voluntary; it is not a statutory or contractual requirement. “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Using certain features of our website may require that you provide us with your Personal Information. For example our website may include the following features:
    • Contests/Sweepstakes
    • Surveys
    • Newsletter Sign-Up
    • Mobile Alert Sign-Up (SMS)
    • Contact Us (email)
    • Public forums (e.g. message boards)
    • Purchasing tickets (via links to third party providers, such as Ticketmaster)

    When purchasing tickets, your payment card details go directly to a third party provider and are not collected or retained by us.

    To use these features, we may require you to provide your email address, mobile number, name and/or address and certain demographic information (e.g. gender, age, income level, etc.). When you give us Personal Information to use the features above, you expressly consent to our collection, storage, use and disclosure of this information as described in this Privacy Policy. In the past twelve (12) months, we collected the below categories of Personal Information from you when you use the website: 

    • Identifiers (such as your name, email address and physical address); and 
    • Internet or other electronic network activity information (such as cookies and mobile device IDs, and related browsing information)

    In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this Privacy Policy.

    We may use your Personal Information to communicate with you about:

    • Your use of any of the features above;
    • New content on our website;
    • New contests;
    • Prize information;
    • News that we think may interest you about us; and
    • Responses to your questions/comments to us.

    We may use your demographic information for in-house statistics, advertising, and marketing target information.

    The legal basis for our processing of your Personal Information is that it is either processed with your consent, for a legitimate interest or necessary for the performance and fulfillment of the contract between us and to provide you with our services.

    You can always opt-out of receiving future communications from us; see the Choice/Opt-out section below.

  2. Other Information. Even if you don’t use any of the features above, when you visit our website, we may collect certain information about you indirectly or automatically.
    • From your Browser. For example, our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with our server and to administer our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on our website.
    • Cookies. “Cookies” are small text files that are stored on your device and record your preferences when you visit certain online pages. Our website uses cookies to track your use of the site and its features and links. We may also use cookies to monitor traffic, improve our website and make it easier to use or more relevant to you. If you provide us with personal information, cookies may be linked to that information. You may occasionally get cookies from third parties with links (e.g. merchandise retailers and ticket vendors) on our website. We do not control these cookies, and these cookies are not subject to our Privacy Policy. An example of a partner of ours that uses cookies on our side is Facebook. To review their terms, please visit: https://www.facebook.com/about/privacy/. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
    • Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of our website that are programmed to collect non-personal information about your use of our website. Like cookies, tracking tags provide overall usage patterns for our website that we use for analysis and to provide personalized services and advertising content.

INTEREST BASED ADS

We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers OR http://www.networkadvertising.org/managing/opt_out.asp.

INFORMATION COLLECTED BY/SHARED WITH THIRD PARTIES.

Other than as provided in this Privacy Policy, we do not share your Personal Information with third parties.

  1. Advertising. We partner with advertising companies who may use information from cookies and the tracking tags they place on our website to provide you with targeted advertisements about goods and services that may be of interest to you based on your use of our website and to track the effectiveness of ads served to you. These advertising company partners may track your Internet usage across other websites in their networks beyond our website. Any information that these advertising companies collect via cookies and tracking tags is generally not personally identifiable (unless, for example, you provide personal information to them through an ad or email message). If you wish at any time to opt-out of the collection of information by these advertising companies, please see the Interest Based Ads section above, the the “RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES“ section below and the “EU VISITORS” section below.
  2. Third Parties Doing Work for Us. We may employ other companies or individuals to perform functions on our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your Personal Information only as needed to perform their functions.
  3. Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third party sites may collect information, including Personal Information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third-party sites.
  4. Social Networking Services. Our website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
  5. When necessary. We may also release Personal Information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of ourselves, our clients, our users, or others. Of course, we may disclose any Personal Information about you to law enforcement, other government officials, or other third parties, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability.

In the past twelve (12) months, we shared for a business purpose the following categories of Personal Information with the following categories of third parties: 

  • Identifiers: Ad networks and backend service providers
  • Internet or other electronic network activity information: Ad networks and backend service providers

MOBILE MESSAGE SIGN-UP

If you subscribe to receive messages and alerts from us on your mobile device, by providing us with you mobile number, you acknowledge and agree:

  • We are authorized to send you text messages which may include news, promotions and offers at the number you provide for such purposes until you opt-out as provided in the Choice/Opt-Out section
  • You are the owner or authorized user of the wireless device number you provide to us
  • You are at least 18 years of age
  • You reside in the U.S.
  • Your wireless carrier’s standard messaging rates apply
  • Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies
  • We do not guarantee the privacy or security of your wireless network or the messages you receive
  • We may access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints
  • We are authorized to use the information we obtain in connection with providing mobile messages to you as described in this Privacy Policy

PUBLIC FORUMS

At times, this website may contain message boards, and/or news groups available to its users. We request users to give us contact information, such as name, email, address, occupation, and interests to be a registered bulletin board user. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings; see the Choice/Opt-out section below. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose Personal Information.

DIRECTED AT ADULT MARKET

This website’s products and services are directed at an adult market, and therefore this website is intended for use by adults only. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the dangers of providing information about themselves over the Internet. Children of any age should always ask a parent for permission before sending personal information to anyone online. No information should be submitted to or posted on this website by users under 13 years of age without the consent of their parent or guardian.

Users that this website knows to be under the age of 13 are hereby required to provide the email address of their parent or guardian to the Administrator (privacy+mindplaynyc@situationinteractive.com) so that this website may alert the parent or guardian of their child’s use of this website. The parent or guardian must consent to this website’s collection of their child’s personal information. A known child user will be restricted from providing Personal Information until such consent is received. No information collected from users known to be under age 16 will be used for any marketing or promotional purposes outside this website. If this website collects personal information from children, it will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (U.S.C. 6501 et seq.) and other applicable laws.

RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES

The California Consumer Privacy Act of 2018 and its successor legislation (“CCPA”) and similar laws in other states provide certain residents with specific rights regarding their Personal Information.

This section describes the rights that California residents and residents of other states, as applicable, have with respect to their Personal Information and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA and applicable state laws. Please refer to the section entitled “What Information Do We Collect” above for more detail about the types of information collected, the purposes for which and sources from where we collect Personal Information, and the third parties with whom we share Personal Information.

State Specific Rights, Choices, and Opt-Outs: The CCPA and applicable state laws provide California residents and residents of other states, respectively, with specific rights regarding their Personal Information. The subsections that follow describe the rights that you have under the CCPA if you are a California resident, or under similar laws in your state of residency, and explain how you can exercise those rights.

  1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Right to Know or Delete), and subject to certain limitations described below or set forth in the CCPA, we will disclose such information to you. You have the right to request any or all of the following:
    • The categories of Personal Information we collected about you.
    • The categories of sources from which the Personal Information is collected.
    • Our business or commercial purpose for collecting or selling that Personal Information.
    • The categories of Personal Information about you that we have sold or disclosed for business purposes.
    • The categories of third parties to whom the information is sold or disclosed for a business purpose.
    • The specific pieces of Personal Information we collected about you.
  2. Right to Correction: You have the right to correct inaccurate Personal Information that we have collected and maintain about you.
  3. Right to Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you in the past 12 months.
  4. Deletion Request Rights. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Right to Know or Delete), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. However, we may retain Personal Information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA or applicable state laws, such as detecting security incidents and protecting against fraudulent or illegal activity.
  5. Exercising Your Rights Under Applicable State Laws. To exercise your rights under applicable state laws and as described in this section, please submit a request to us by either:

    Only you, or a person or business entity that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the Personal Information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.

  6. Response Timing and Format. In order to protect the security of your Personal Information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the Personal Information that we already have or otherwise providing proof, such as a utility bill which properly identifies the individual and their residency. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
  7. Personal Information Sales Opt-Out and Opt-In Rights. We do not “sell” Personal Information, as that term is defined in the CCPA and other applicable state laws.
  8. Non-Discrimination. We will not discriminate against you for exercising any of your rights under the CCPA or applicable state laws. 

CALIFORNIA RESIDENTS - California Civil Code section 1798.83 permits California residents to request information about whether we have disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact us at the following email address:privacy+mindplaynyc@situationinteractive.com.

Nevada Users – If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at privacy+mindplaynyc@situationinteractive.com

EU VISITORS

If you are located within the European Union, United Kingdom or Switzerland, you should be aware that your Personal Information will be stored and processed in the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States, and Personal Information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. We transfer Personal Information from the European Economic Area, United Kingdom and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation and similar country laws (“GDPR”).

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RIGHTS OF EU DATA SUBJECTS

If you are a resident of the European Union, United Kingdom or Switzerland, under the GDPR and similar country laws, residents, as data subjects, have the following rights:

  • Right to access – This right allows individuals to obtain confirmation as to whether or not Personal Information concerning him or her is being process and provide access to such Personal Information. It also allows individuals to request details of the processing of his or her Personal Information, including, without limitation, categories of recipients to whom the Personal Information have been or will be disclosed and purposes of processing.
  • Right to rectify – This right allows individuals to rectify any inaccurate Personal Information about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
  • Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have Personal Information erased or to prevent processing in specific circumstances.
  • Right of data portability – This right allows individuals to move, copy or transfer Personal Information from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

To exercise your rights under this section, please contact us at privacy+mindplaynyc@situationinteractive.com. If you have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.

SECURITY

This website has commercially reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Personal Information collected by our website is stored in secure operating environments that are not available to the public. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

RETENTION

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

CHOICE/OPT-OUT

This website provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor or email us at privacy+mindplaynyc@situationinteractive.com.

This website gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

  1. Users can send email to: privacy+mindplaynyc@situationinteractive.com
  2. Users can send mail to the following postal address:
    PO Box 1093 Midtown Station
    New York, NY 10018
  3. Users can call the following telephone number: 212.982.3192
  4. Users can opt-out of receiving future newsletter emails from us by selecting the “unsubscribe” link at the bottom of our newsletter
  5. Mobile message subscribers can respond to a text from us with the message “unsubscribe” to stop receiving text messages from us

However, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.

You have the right to withdraw your consent for our processing for your Personal Information by contacting us at privacy+mindplaynyc@situationinteractive.com.

CORRECT/UPDATE

This website gives users the following options for changing and modifying information previously provided.

  1. Users can send email to: privacy+mindplaynyc@situationinteractive.com
  2. Users can send mail to the following postal address:
    PO Box 1093 Midtown Station
    New York, NY 10018
  3. Users can call the following telephone number: 212.982.3192

SUCCESSORS

In the event that we are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to our obligations with respect to the Personal Information that you have provided to us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such Personal Information by an entity assuming control of our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.

CONTACTING THE WEBSITE

If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to privacy+mindplaynyc@situationinteractive.com.