4.5 Other Tracking Technologies.

When you visit the Site, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of the Site and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to the Site. We may use web beacons to operate and improve the Site and email communications.

4.6 Analytics Software Tools.

We use analytics software such as Google Analytics and/or Adobe Analytics on the Site to help us analyze the traffic on the Site. For more information on Google Analytics’ processing of Personal Information, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

5 The Purposes For Which We Use Personal Information.

If you submit or we collect Personal Information through the Site or as otherwise described above, we may use such Personal Information for the following general purposes:

• To comply with our legal and regulatory obligations under Applicable Law;

• To provide, analyze, administer, improve, and personalize the Site;

• To communicate with you in connection with the Site and notifications, events, programs or offerings that you may have registered for (including, without limitation, a Performance for which you have purchased a Ticket from a Box Office);
  

• To send you updates and promotional materials;
  

• To provide personalized advertising to you;
  

• To identify and authenticate your access to the parts of the Site that you are authorized to access;
  

• For recruiting and human resources administration purposes;
  

• For research and development relating to the Site and the products and services we offer and/or provide to you;
  

• For advertising purposes;
  

• For electronic direct marketing in compliance with Applicable Law;
  

• To protect our rights and/or our property and to ensure the technical functionality and security of the Site;
  

• For the performance of our contract with you or to take steps at your request before entering into a contract; and
  

• Where you have given consent.

6 How We Disclose Personal Information.

We do not sell, lease, rent or otherwise disclose the Personal Information collected on or through the Site to third parties unless otherwise stated below or with your consent.

6.1 Our Third-Party Providers.

We transfer Personal Information to our third-party service providers and business partners (including, without limitation, the Production Entities) to perform tasks on our behalf and to assist us in providing the Site, as discussed in Section 4.2. above. We use commercially reasonable efforts to only engage or interact with third-party service providers and business partners that take appropriate measures to protect your Personal Information. Notwithstanding the foregoing, we will comply with Applicable Law regarding Personal Information transfers.

6.2 Business Partners.

From time to time, we may partner with other companies to jointly offer products or services or to improve existing products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, we may share Personal Information collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of Personal Information we collect, nor do we take any responsibility for their privacy practices.

6.3 In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Privacy Policy and any Personal Information to a third-party entity that acquires or is merged with as part of a merger, acquisition, sale, or other change of control.

6.4 Social Media Plugins.

To the extent the Site uses social media plugins (e.g., Facebook, Twitter) to enable you to easily share information with others, the operator of the social plugin can place a cookie on your device when you visit the Site, enabling that operator to recognize individuals who have previously visited the Site. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing the Site, the social media plugins allow that social media website to share information, including Personal Information, about your activities on the Site with other users of their social media website. For example, Facebook Social Plugins would allow Facebook to show your “Likes” and comments on our pages to your Facebook friends and allow you to see your friends’ Facebook activity on the Site. We do not control or take responsibility for any content used by social media plugins. For additional information about social media plugins, please refer to those social media sites’ privacy and data/information sharing statements/policies.

6.5 Other Disclosures.

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in food faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms of Use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect the rights, property, or personal safety of Gershwin Entertainment, any one or more of the other Production Entities, other Site users, and the public.

7 Retention of Personal Information.

We will keep your Personal Information while you have an Account with us or while we are providing our products and/or services to you. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

• To comply with Applicable Law and fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information.”); or
  

• To respond to any questions, complaints, or claims made by our or on your behalf.

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

8 Your Rights

8.1 Rights Relating to Personal Information.

If you have an Account, we provide access to—and the ability to edit or delete—certain categories of Personal Information through your Account on each of our supported domains. We also permit you to:

• Delete all content browsing information and opt-out of further participation in data associated with the current device you use to browse the Site; and
  

• Delete all information related to email/newsletter subscriptions. To exercise this right, please email gershwinmail@gmail.com.
  

• Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g. data portability), object to the processing of Personal Information collected in and through the Site, or withdraw your consent (as applicable), you may submit a request to gershwinmail@gmail.com, write to us at Gershwin Entertainment Corp., Attention: Privacy Officer, 4 Keane Court, Rye NY 10580, or submit a request to whichever of our specific domains you have made use of. Because our internal systems only make use of first party cookies and cannot associate user data between the domains we control, you must submit any such request to whichever domain you have used. We will promptly review all such requests in accordance with Applicable Law. Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us gershwinmail@gmail.com so we have an opportunity to address your concerns directly before you do so.

8.2 Opting Out of Promotional Emails.

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to gershwinmail@gmail.com. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

9 Data Security.

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

10 Transfers of Personal Information from the European Union (EU), the United Kingdom (UK), or Switzerland to the United States.

In order to communicate with you or provide our services, the information that we collect from you may be transferred to, stored, used, and processed by Gershwin Entertainment in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union. By submitting information, you agree to the collection, transfer, storage, use, and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or business partners, you consent to the processing of your information in the United States as the Site is offered from the United States. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners.

You acknowledge that the laws of the United States treat your information in a manner that may be substantially different from, and less protective than, the treatment required under the laws of other countries and jurisdictions. If you do not want your information transferred to the United States, you should not share your information with us, or make use of the Site.

To the extent allowed by the law of the country in which you are located, you expressly waive any right you may have to require us to treat your identifying information in accordance with the laws of any country or jurisdiction other than the United States. However, the foregoing waiver may not be legally binding in some countries, such as the member states of the European Union. To the extent it is not legally binding in the country in which you are located, this foregoing waiver does not apply to you.

11 How We Respond To Do Not Track Signals.

As explained above in Section 4.4, the technologies used on the Site may be used to track Site users’ activity on the Site. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed. For this reason, the Site may not respond to Do Not Track signals at this time.

12 Notice to California Residents.

California Residents: Pursuant to the California Consumer Privacy Act of 2019 (as may be amended from time to time, the “CCPA”) and the California Privacy Rights Act of 2020 (each as may be amended from time to time, the “CCPA” and “CPRA,” respectively, and together, the “California Privacy Laws”), you have certain rights with respect to your Personal Information. For the purposes of this Section, Personal Information is used as defined in the CCPA. Gershwin Entertainment reserves the right to verify all requests made pursuant to the California Privacy Laws.

12.1 Requests to Know.

You have the right to request that we disclose:

• The categories of Personal Information we have collected about you;
  

• The categories of sources from which we have collected Personal Information about you;
  

• Our use of the Personal Information we have collected about you;
  

• The categories of Personal Information about you we have sold or disclosed for a business purpose;
  

• The business or commercial purposes for selling or collecting Personal Information about you;
  

• The categories of Personal Information sold or shared about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
  

• The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

12.2 Requests to Delete.

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  

• Debug products to identify and repair errors that impair existing intended functionality.
  

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by Applicable Law.
  

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.), as may be amended from time to time.
  

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  

• Comply with an obligation under Applicable Law.
  

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

12.3 Right to Opt Out of the Sale of Personal Information.

You have a right to opt out of the sale of Personal Information. You may, at any time, direct us to not sell Personal Information about you to third parties. If you exercise your right to opt out of the sale of Personal Information about you, we will not sell Personal Information about you. Any Personal Information collected in connection with your request to opt-out of the sale of Personal Information about you will be used only to facilitate that request. You may submit opt-out requests by emailing us at gershwinmail@gmail.com.

12.4 Requests to Correct Inaccurate Personal Information.

You have the right to request that we correct inaccurate Personal Information that we maintain, or which pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

12.5 Authorized Agents.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to California Probate Code Sections 4000-4465, as may be amended from time to time, may submit a request on your behalf. You may also make a verifiable consumer request on behalf of your minor child.

12.6 Methods for Submitting Consumer Requests and Our Response to Requests.

To make a request pursuant to your California Privacy Laws rights, you may send an email to gershwinmail@gmail.com or write to us at Gershwin Entertainment Corp., Attention: Privacy Officer, 4 Keane Court, Rye NY 10580.

Upon receipt of a request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. In order to protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

12.7 Categories of Personal Information We Have Sold in the Last Twelve (12) Months.

We have sold the following categories of Personal Information during the last twelve (12) months:

• Identifiers;
  

• Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  

• Internet or other electronic network activity information, a consumer’s interaction with an Internet website or advertisement;
  

• Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
  

• Sensitive Personal Information.

For information on how to opt out of the sale of your Personal Information, see Section 12.3 above.

12.8 Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months.

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months:

• Identifiers;
  

• Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  

• Internet or other electronic network activity information, a consumer’s interaction with an Internet website or advertisement;
  

• Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
  

• Sensitive Personal Information.

12.9 The Right to Non-Discrimination.

You have the right not to be discriminated against for the exercise of your California Privacy Laws rights described above. Unless permitted by the California Privacy Laws, we will not:

• Deny you goods or services.
  

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  

• Provide you a different level or quality of goods or services.
  

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

12.10 Shine the Light Law.

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

Personal Information submitted will only be used for marketing and promotional purposes; and whenever you agree to allow us to collect Personal Information, we provide you with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to gershwinmail@gmail.com.

Because we include a comprehensive Privacy Policy and provide you with details on how you may opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

13 Contact Us.

If you have any questions about this Privacy Policy, please contact Gershwin Entertainment by email at gershwinmail@gmail.com.

© 2023 Gershwin Entertainment Corp. All rights reserved.

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