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PRIVACY POLICY

 

Last updated on July 30, 2024

 

PRIVACY NOTICE

 

This Privacy Notice describes the personal information that The Merch Collective, Incorporated (“TMC”, “we”, “us”, “our”) collects when you interact with us through all of our websites, including any subdomains, that display or link to this notice, mobile applications, other digital products or offline services (collectively, the “Services”), how we use it, with whom we share it, how long we retain it, and your choices in connection with this.

 

APPLICABILITY OF PRIVACY NOTICE

 

In this notice, when the term “TMC” is used, it refers to any and all of these entities. This privacy notice does not apply to any content posted by bands under their individual online monikers/tags.

 

COLLECTION AND USE OF YOUR PERSONAL INFORMATION

 

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you engage with our Services. Specifically, we collect personal information directly from you, automatically as you engage with our websites or mobile applications, and from third-party sources as described below. 

 

  • Information Collected Directly From You

 

We collect personal information directly from you when you:

 

  • Create an account with us. If you create a customer account with us, we will collect your personal identifiers (e.g., name, email address, telephone number (if provided), and physical address). Once your account is created, we will also store your selected password in hash form. We use this personal information to create and manage your account. If you elect to receive marketing and promotional emails, we will send you emails regarding upcoming events, shows, and new merchandise. You may unsubscribe to these emails at any time by clicking the UNSUBSCRIBE link at the bottom of the email. We will share your email address with our email marketing provider, Mailchimp, in order for them to facilitate our email marketing campaigns. You may learn more about how Mailchimp handles your personal information here.

 

  • Purchase merchandise. If you purchase merchandise from the website, we will collect your personal identifiers (e.g. name, email address, telephone number (if provided), and shipping address) and your financial information (e.g., credit card number and billing address (if different from shipping address). We also give you the option to choose to pay with your PayPal or Shop Pay account if you have one. We use this information to fulfill your purchase order, manage your order, and communicate with your regarding your order. We will share your name, shipping address, and, if provided, phone number, with our order fulfillment provider, ShipHero, so that they can facilitate our provision of your order to you. You may learn more about how ShipHero handles your personal information here. We automatically opt you into receiving marketing and promotional emails, and you can unclick this option before completing your purchase. You can also UNSUBSCRIBE to these emails at any time by clicking the UNSUBSCRIBE link in the email.

 

  • Contact us. When you send us a question or inquiry, fill out our online form, or ask for other support, you will need to provide us with personal identifiers (e.g., name, telephone number, email address), your purchase information (e.g., order number), and a description of the issue. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have with the Services. We will share your information with our customer service provider, Gorgias, so that they may facilitate our responses to your correspondence. You can learn about how Gorgias handles your personal information here.

 

  • Subscribe for promotions, new products, and sales. If you subscribe for promotions, new products, and sales, we will collect your personal identifiers (e.g., email address). We use this personal information to send you updates, news, and special offers as requested. You may unsubscribe at any time by clicking the link at the footer of each email we send you. Our emails include a tracking cookie that tracks whether you open the email and whether you click banners in the email and your subsequent clicks and usage of our website. We use this information to send you additional email communications which may be of interest to you based on your interaction with our emails and/or websites. We will share your personal information with our third-party marketing provider, Mailchimp, so that they can facilitate our email marketing campaigns. You can learn about how Mailchimp handles your personal information here.

 

TMC may also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

  • Information Collected From Third-Party Sources

 

We may receive personal information about you when you:

 

  • Interact with our Third Party Venue Partners. If you attend an event where one of our bands is performing and interact with the Venue by purchasing merchandise, we receive personal information about you from the venue. This personal information includes your personal identifiers (e.g., name and email address) and commercial information (items purchased). We use this personal information in order to improve our services and to provide you with marketing offers that we feel may be of interest to you.

 

(C)  Information Collected Automatically

 

In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Services via “cookies.” This includes the following internet or other electronic network activity information:

 

  • Usage information. We collect information about your visits to and interaction with our Services, such as the pages you visit, how you move around the different sections, how frequently you access them, how much time you spend on each page, what you click on while using our Services, and referring website addresses. We collect this information for analytical purposes to understand how people use our websites so that we can make them more intuitive and to conduct targeted advertising. The use of this information for analytical and advertising purposes may be considered a sale or sharing under the California Consumer Privacy Act as modified by the California Privacy Rights Act. If you are a California resident and wish to opt out, please follow the instructions in the Your information choices section.

 

  • Device information. We collect information about the device that you use to access our Services, such as browser type, browser language, hardware model, operating system and your preferences. We use that information for analytical purposes, to prevent fraudulent use of the Services, to enable our Services to function properly, to provide enhanced functionality, and to diagnose server and software errors, as well as, in cases of abuse, to track and mitigate the abuse. The collection of this information for analytical purposes may be considered a sale or sharing under the California Consumer Privacy Act as modified by the California Privacy Rights Act. If you are a California resident and wish to opt out, please follow the instructions in the Your Information Choices section.

 

  • Location information. We collect information about your location, which may be determined through your IP address for analytical purposes, to provide targeted advertising, to prevent fraudulent use of the Services, to enable our Services to function properly, to provide enhanced functionality, and to diagnose server and software errors, as well as, in cases of abuse, to track and mitigate the abuse. The collection of this information for analytical and advertising purposes may be considered a sale or sharing under the California Consumer Privacy Act as modified by the California Privacy Rights Act. If you are a California resident and wish to opt out, please follow the instructions in the Your Information Choices section.

 

To see a list of all cookies we use and to control your cookie preferences, please follow the instructions in the Your Information Choices section. Particular third-party cookies on our Services to note include:

 

  • Google Analytics. We use Google Analytics to collect information on your use of the websites and mobile applications to improve our websites and mobile applications. In order to collect this information, Google Analytics may set cookies on your browser or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Services and mobile application or to another application which partners with Google is restricted by the Google Analytics Terms of Service and Privacy Notice. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on and/or follow the instructions in the Your Information Choices section.

 

  • Facebook/Meta Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our websites and mobile applications by clicking on the Facebook ad. Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information that third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt out of Facebook ads through the Digital Advertising Alliance. You can also follow the instructions in the Your Information Choices section.

 

 

HOW WE SHARE YOUR PERSONAL INFORMATION

 

General Sharing

 

TMC may need to make the personal information identified in this Privacy Notice available within TMC’s corporate family, with bands, with service providers, or with other third parties as set forth below. 

 

Within TMC Corporate Family. We may share your personal information with TMC’s subsidiaries and affiliates for legitimate business purposes, general business management, and as permitted by law. We may also share your personal information with TMC’s subsidiaries and affiliates for marketing purposes. If you are a California resident and wish to opt out, please follow the instructions in the Your Information Choices section.

 

With Service Providers.  We may share your personal information with our service providers that assist us in providing the Services. These service providers include our payment processors, fulfillment provider, communications vendors, website providers, marketing providers, shipping providers, and ecommerce platform providers.

 

With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies in order to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.

 

With Bands and Venues. We may share your personal identifiers (e.g., name, email address, zip code) with the Bands for who you purchased merchandise for marketing purpose. If you are a California resident and wish to opt out of this sharing, please follow the instructions in the Your Information Choices section.

 

In the Event of a Corporate Reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.

With Your Consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.

Sharing in the Last Twelve (12) Months

For a Business Purpose. In the preceding twelve (12) months, TMC has disclosed the following categories of personal information for a business purpose to the following categories of third parties:

  • We have disclosed your personal identifiers, internet and other network activity information, and customer records information to service providers that perform services on our behalf. These service providers include our payment processor, customer service vendor, shipping vendor, ecommerce platform provider, marketing providers, website hosting provider, and analytics providers.
  • We have disclosed your internet or other electronic network information to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair website errors that impair functionality.
  • We have disclosed your internet or other electronic network information and location information to our IT support and data analytics provider to maintain, improve, and upgrade TMC websites.

For a Sale or Sharing.

  • TMC uses certain analytics and advertising cookies on its websites. These cookies collect your internet and other electronic network activity and share it with the data analytics and advertising partners that provide them. This use of your personal information may be considered a sale under the California Consumer Privacy Act or sharing under the California Privacy Rights Act. If you are a California resident and wish to opt out of these cookies, please follow the instructions in the Your Information Choices section.

 

  • TMC shares your personal identifiers for marketing purposes with certain business partners, bands, and the venues hosting events for which you purchase the tickets. If you are a California resident and wish to opt out of this sharing, please follow the instructions in the Your Information Choices section below.

 

 

YOUR INFORMATION CHOICES

 

 

  • Correct or View Your Information. You may access your TMC account to correct or view certain personal information you have provided to us and which is associated with your account.

 

 

 

  • Opt Out of Online Advertising. Some of the companies that provide advertising services on our Services may participate in industry-developed programs designed to provide consumers with choices about whether to receive tailored ads that are based on your online activities. To learn more and to opt out of such targeted advertising from participating companies, please visit the websites of the Network Advertising Initiative, the Digital Advertising Alliance. To successfully opt out, you must have cookies enabled in your web browser (see your browser's instructions for information on cookies and how to enable them). Your opt out only applies to the web browser you use, so you must opt out of each web browser on each device you use. Once you opt out, if you delete your browser's saved cookies, you will need to opt out again. If you opt out, you will still see ads from NHL, but the ads will be less relevant to you and your interests.

 

 

 

  • Opt Out of Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser.

 

 

 

  • Opt Out of Other All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. When you opt out, an opt out cookie will be placed on your device. The opt out cookie is browser- and device-specific and will only last until cookies are cleared from your browser or device.

 

 

 

  • Opt Out of Email Tracking. You can disable this tracking by blocking automatic loading of images in your email.

 

 

 

  • Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you notifications necessary to the Services, your account, purchases, or any assistance you request.

 

 

 

  • Opt out of Sharing with Affiliates, Partners and Venues. If you are a California resident and wish to opt out of us sharing your personal identifiers with our partners, bands, and participating venues for marketing purposes, please follow send us an email to legal@themerchcollective.com.

 

CALIFORNIA RESIDENTS

 

The California Consumer Privacy Act (CCPA) entitles California residents to certain rights. To the extent that the CCPA applies to our processing of your personal information, you would be entitled to the following rights:

  • Right to Know. You have the right to request confirmation and specific pieces of personal information we have collected, used, disclosed, shared, and/or sold about you. We will only fulfill this for access or knowledge twice within a twelve-month (12-month) period.

 

  • Right to Delete. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. Once we receive your request to delete and confirm your identity, we will delete your personal information, unless an exception applies under applicable law. We will only fulfill this request for deletion twice within a twelve-month (12-month) period.

 

  • Right to Opt Out of Sale/Sharing. You have the right to opt out of the sale or sharing of your personal information to third parties. TMC does not have actual knowledge that it sells personal information of minors under the age of sixteen (16) years. To exercise your right to opt-out of the sale or sharing of your personal information through cookies or other trackers, please visit our Cookie Management Platform Osano. To opt out of the sale or sharing of your personal information more generally, visit our Do No Sell My Personal Information page.

 

  • Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, opt out, correct, or limit use of sensitive personal information under the CCPA and CPRA. 

 

  • Right to correct. You have the right to correct inaccurate personal information that we collect or maintain. After we have received your request to correct, verified your identity, and confirmed that the contested information is more likely than not inaccurate based on the totality of the circumstances, we will correct the personal information at issue on our systems.

 

  • Right to Limit the Use of Your Sensitive Personal Information. You have the right to limit how we collect, use, and disclose your sensitive personal information to only what is necessary to perform the services or provide the goods reasonably expected by an average consumer, with some narrow exceptions. Sensitive information includes Social Security number, driver’s license number, biometric information, precise geolocation, and racial and ethnic origin.  

To exercise your right to access or delete your personal information, to limit the use of your sensitive personal information, or to opt out of the sale or sharing of your personal information, you may send us an email at legal@themerchcollective.com, subject “California Privacy Request.” To opt out of the sale of your personal information via cookies, please follow the instructions in the Your Information Choices section. To opt out of the sale of your personal information for marketing purposes, please follow the instructions in the Your Information Choices section.

For requests submitted email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. This information includes: name, email address, and zip code. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

You may also opt out of the sale or sharing of your personal information, effective January 1, 2023, by utilizing the universal opt out preference signal to instruct us to not sell or share any of your personal information collected online. The opt out preference signal will apply to the device and browser in which you utilize it. You can utilize the opt out preference signal by visiting the Do Not Sell My Personal Information page.

Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.

 

NEVADA RESIDENTS

 

If you are a consumer in the State of Nevada, you may request to opt out of the current or future sale of certain of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. If you have any questions regarding our data collection practices or would like to opt out of the future sale of your personal information, please contact us by email at legal@themerchcollective.com.

 

EUROPEAN UNION RESIDENTS

 

TMC does not market its Services to residents in the EU, nor does the TMC have employees or operate a business within the EU. However, if you are using our Services and are a resident of the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). If our processing of your personal information is subject to the GDPR, you may be entitled to the following rights:

 

  • Right to access: You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the personal information we process.

 

  • Right to rectification: You have the right to ask us to rectify personal information you think is inaccurate or incomplete.

 

  • Right to erasure: You have the right to ask us to erase your personal information in certain circumstances.

 

  • Right to restrict processing: You have the right to ask us to restrict the processing of your personal information in certain circumstances.

 

  • Right to object to processing: You have the right to object at any time, for reasons arising from your particular situation, to processing of your personal information, which is carried out on the basis of our legitimate interests.

 

  • Right to data portability: You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you. Please note this only applies to personal information you have given us.

 

  • Right to lodge a complaint: You have the right to lodge a complaint with the relevant Supervisory Authority.

 

To exercise these rights, please contact us at legal@themerchcollective.com.

 

DO NOT TRACK

 

Other than the universal opt out preference signal for California residents (as described above), we do not respond to Do Not Track (DNT) requests. Do Not Track is a preference you can set in your web browser to inform Website and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

INFORMATION SECURITY

 

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

 

CHILDREN’S PRIVACY

 

The Services are not intended for individuals under the age of thirteen (13). If we learn that we have collected or received personal information from individuals under the age of thirteen (13), we will delete the personal information. If you believe we have personal information on individuals under the age of thirteen (13), please contact us at the contact information provided below.

 

CHANGES TO THIS PRIVACY NOTICE

 

This Privacy Notice is subject to change. When we make changes, we will post the new Privacy Notice on this page, and we will indicate the date the changes go into effect. We encourage you to review this page frequently and review the Privacy Notice for any changes. If we make changes that materially affect your privacy rights, we will announce those changes by email notification to you. If you keep using the Services after we notify you, we will take this to mean that you accept the change for any new data we collect. If required by law, we will ask you to consent to these changes. In any event, the changes will not apply to previously collected personal information unless we get an active acknowledgement of your acceptance.

 

CONTACT US

 

If you have any questions or concerns on this Privacy Notice, please contact us by email at legal@themerchcollective.com.

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