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Privacy Policy

TheaterMania.com, Inc.
Privacy and Cookies Policy

Purpose of this privacy policy

We are committed to protecting your personal information and to being transparent about the information we hold about you. Using personal information allows us to develop a better understanding of our site visitors, and in turn to provide you with theater news, reviews, ticket listings and discounts in the United States. Personal information also helps us to facilitate our clubs service.

The purpose of this policy is to give you a clear explanation about how we collect and process your personal information through your use of our website, including any data you may provide through this website and when you sign up to our newsletter, purchase a ticket or any other service or join our Theater Clubs.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using your personal information.

This policy explains:

  1. Who we are
  2. Contacting us
  3. Your California Privacy Rights
  4. Information we collect about you
  5. How we collect your information
  6. How we use your information
  7. Disclosure of your details to third parties
  8. International transfers
  9. Security of your personal information
  10. Data retention
  11. Your legal rights
  12. Cookies
  13. Third party links
  14. Complaints
  15. Notification of changes to our privacy policy

For our terms and conditions of sale, please click here.

1. Who we are

We are TheaterMania.com, Inc. (a New York corporation with its registered office at 550 7th Ave., 16th Floor, New York, NY 10018), and its divisions including, but not limited to, OvationTix and Gold Club (collectively, “TheaterMania”,“we”, “our”, and “us”).

TheaterMania is the leading source for US theater listings, tickets and editorial nationwide. Founded in 1999 to connect the theater industry with consumers, TheaterMania features comprehensive listings, news, reviews, interviews and videos. TheaterMania widely distributes email newsletters and special offers to its subscribers, and provides online marketing programs and ticketing services to performing arts organizations, museums, concerts, festivals, and events across the United States. In 2017, TheaterMania became part of the AudienceView portfolio of brands.

This Website comprises a listings database of up to 1,400 performances nationwide at any one time, theater news, reviews, photos, interviews, blogs and features. In addition via its commercial partnerships with a variety of ticketing affiliates TheaterMania now offers it readers an independent and impartial booking service aiming to provide the best tickets at the best prices.

2. Contacting us

We are not required to appoint a formal data protection officer under data protection laws. However, we have appointed responsibility for overseeing questions in relation to this privacy policy to a data privacy team. Please get in touch with us at privacy@theatermania.com if you have any questions about any aspect of this privacy policy.

Please also contact us at privacy@theatermania.com if you have any questions about the information we hold about you, or to change your contact preferences with us:

Call: +1 (212) 352-0255.

Write to us:
Data Privacy team
TheaterMania.com, Inc.
550 7th Ave., 16th Floor
New York, NY 10018

Our representative in the European Economic Area (“EEA”) is:

WhatsOnStage Limited
22 Long Acre
London WC2E 9LY

Email: datacontroller@whatsonstage.com
Call: +44(0)20 7317 9100

3. California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. However, TheaterMania’s policy, as disclosed on this Website, does not currently permit TheaterMania to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes. Moreover, even if TheaterMania’s policy permitted the disclosure of Personal Information to third parties for such third parties’ direct marketing purposes, because TheaterMania provides you with an opportunity to opt out of such disclosure, TheaterMania does not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:

TheaterMania.com, Inc.
550 7th Ave., 16th floor
New York, New York 10018
Attn: California Privacy Rights Administrator

californiaprivacy@theatermania.com

4. Information we collect about you

Personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed, i.e. anonymous data.

For example, we collect your personal information if you create an account, or send us an email, and provide us with your name, address, telephone number and/or email address. If you make a purchase on this Website, you may be asked to provide certain financial information, such as credit card information. We may also collect your personal information if you post, display and/or publish content on this Website. Additionally, when you enter any password-protected area of this Website, then this Website will recognize who you are and will collect information that you submit. Any information collected about you from this Website may be associated with other information that TheaterMania has collected about you.

We may collect the following different kinds of personal information about you:

  • Identity Data includes first name, last name, and date of birth.
  • Contact Data includes billing address, email address and telephone number.
  • Financial Data includes bank account and payment card details if you are a Theater Club member. We collect this data for processing by our third party payment processor. This financial data is not retained after your transaction has been completed.
  • Transaction Data If you are a Theater Club member, this includes details about payments for memberships, tickets, and gift purchases.
  • Technical Data this consists of technical data related to your interactions with this Website, and so includes internet protocol (IP) address, the domain and host from which you access the Internet, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, the referring website address and other technology on the devices you use to access our website.
  • Profile Data includes your username and password, purchases or orders made by Club members, your interests, preferences, feedback and survey responses. This is anonymized.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences. This also includes us making a note of conversations we have had with you in person and/or communications you sent to TheaterMania. This helps us to manage our relationship with you and ensures you only receive communications from us that are relevant and timely.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal data under data protection laws as this data does not directly or indirectly reveal your identity. For example, we may aggregate and anonymize your Profile Data, for statistical analysis, trend analysis, and to improve our products, services and marketing activities. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any “sensitive” data or Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal information

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with a ticket). In this case, we may have to cancel a purchase you have made with us but we will notify you if this is the case at the time.

Children

You must be 18 years of age to use this Website. We do not knowingly collect personal information from children under the age of 16. If you are under the age of 16, please do not submit any personal information through this Website.

Readers must declare that they are aged 16 and over before signing up to receive marketing communications from TheaterMania.

REMEMBER to exercise discretion and caution when posting personal information to this Website – it may be publicly viewable. With respect to all communications you make to or through this Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and TheaterMania shall have no obligation to protect your communications from disclosure; (ii) TheaterMania shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation, in any way now known or hereafter devised; and (iii) TheaterMania shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without any compensation to you.

5. How we collect your Information

We collect different information about you in a number of ways:

Information you give us

We will store the personal information you give to us (such as your name, email address, postal address, telephone number and payment card details) when you:

  • purchase any ticket or other product or service on this Website;
  • join any of our Theater Clubs or sign up to our newsletter;
  • provide feedback, or make any enquiry or complaint.

Payment card details, however, are stored with our third party payment service provider, currently Recurly, Inc. We will also keep a record of your purchases and donations.

Automated technologies

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. For further details on cookies, see here below.

Information to and from third parties

We may receive personal data about you from various third parties and public sources, including:

  • analytics providers such as Google
  • advertising networks such as Facebook and Google AdWords
  • from social media, public websites, news agencies and reporters.

6. How we use your information

We will only use your personal information in accordance with applicable data protection laws. Most commonly, we will use your personal information in the following circumstances:

  • When you purchase a ticket or other product or service on this Website and we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • Where we have your consent to using your personal information. Generally, we do not rely on consent as a legal basis for processing your personal information. However, where we do rely on consent you have the right to withdraw your consent at any time and free of charge by contacting us as set out above. This will not affect the lawfulness of processing based on consent before its withdrawal.

Purposes for which we will use your personal information

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new subscriber
  • Identity
  • Contact
Performance of a contract with you
To process and deliver your ticket purchase including managing payments, fees and charges
  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing and Communications
Performance of a contract with you

To enforce our terms and conditions entered into with you i.e. collect and recover money owed to us.

To protect against or identify possible fraudulent transactions, and otherwise as may be reasonably needed to manage our business in connection with your transaction.

  • Identity
  • Contact
  • Financial
  • Transaction
Necessary for our legitimate interest to protect our business and enforce our terms and conditions of sale. We consider this use to be proportionate for our legitimate interests.
To publish any feedback, questions, comments and suggestions which you post on our website
  • Identity
  • Contact
  • Profile
Necessary for our legitimate interest to promote our services. We consider this use to be proportionate for our legitimate interests.
To send you our newsletters and other marketing communications
  • Identity
  • Contact
  • Profile
  • Marketing and Communications

Necessary for our legitimate interests to market our services. We consider this use to be proportionate and will not be prejudicial or detrimental to you.

For direct marketing sent by email to individuals with whom we have not previously engaged, we need your consent to send you unsolicited direct marketing.

To send you information regarding changes to our terms or privacy policy and notifying you about changes to our terms or privacy policy and other administrative information
  • Identity
  • Contact
  • Profile
  • Marketing and Communications

Necessary to comply with a legal obligation

Necessary for our legitimate interests to ensure that any changes to our terms and policies are communicated to you. We consider this use to be proportionate for our legitimate interests and will not be prejudicial to you.

To enable you to partake in a prize draw or complete a survey or leave a review
  • Identity
  • Contact
  • Profile
  • Marketing and Communications
Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business. We consider this use to be proportionate for our legitimate interests and will not be prejudicial to you.
For compliance with TheaterMania’s legal and regulatory obligations
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
Necessary for compliance with our legal and regulatory obligations.
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Identity
  • Contact
  • Technical
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
To deliver relevant website content and advertisements (including emails) to you and measure or understand the effectiveness of the advertising we serve to you
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing and communications with you, customer relationships and experiences
  • Technical
  • Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

Legitimate interests

Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests. If you want further information on the balancing test we have carried out, you can request this from us using the contact details set out above.

Marketing communications

We may use your Identity Data, Contact Data, Usage Data, Profile Data, Marketing and Communications Data to send you newsletters that you have requested, and for marketing purposes. We aim to communicate with you in ways that you find relevant, timely, respectful, and never excessive. To do this, we use data that we have stored about you, such as which events you have booked for in the past, as well as any contact preferences you may have told us about.

We will provide you with an option to unsubscribe in every newsletter and marketing communication that we send to you. Alternatively, you can use the contact details as provided at Contacting Us above to update your contact preferences in your online account with us.

As part of our service to you, we may contact you by email or telephone to provide essential information related to your purchase and visit.

7. Disclosure of your details to third parties

We may disclose your personal information to our service providers who process data on our behalf and on our instructions. For example:

  • your Financial Data is provided to the Theater Club’s payment processor, currently Recurly, Inc.,
  • your personal information may be provided to others who assist us with certain other functions such as online queue management systems, transaction processing, website support and maintenance, promotional and marketing services, business and sales analysis.

We require all third-party service providers to respect the privacy of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

We may also share your personal information with the following parties:

  • With our business partners such as the entities who operate venues and sponsor events.
  • With our business partners that we work with to offer additional products and services to you. For example, when you purchase a ticket and elect to purchase refund protection your Identity Data, Contact Data and Financial Data is provided to Booking Protect Limited which provides the refund protection (see https://bookingprotect.com);
  • With our professional advisors, such as accountants, lawyers and other consultants.
  • With any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
  • Where we are under a duty to disclose your personal information in order to comply with any legal obligation (for example to government bodies and law enforcement agencies).
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
  • In the event all or substantially all of our assets and our Website are acquired by a third party, in which case personal information held by us about you will be one of the transferred assets.
  • To enforce or apply our terms and conditions of sale or to establish, exercise or defend the rights of TheaterMania, our staff, members or others.

We do not sell to or share personal details with third parties for any other purpose, except as specified in this privacy policy.

8. International Transfers

The personal information we receive may be transferred to, and stored, at locations outside of the EEA for the purposes of processing by us and by third party service providers that work for TheaterMania. This includes North America (USA and Canada).

Where personal information is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for personal information, we take steps to provide appropriate safeguards to protect your personal information, including:

  • entering into standard contractual clauses approved by the European Commission, obliging recipients to protect your personal information as permitted under Article 46(2)(c) GDPR;
  • under the EU-U.S. Privacy Shield Framework (where we transfer personal information to the U.S.), which enables U.S. businesses to self-certify as a means of complying with EU data protection laws.

In the absence of an adequacy decision or of appropriate safeguards as referenced above, we will only transfer personal data to a location outside of the EEA where one of the following applies (as permitted under Article 49 GDPR)):

  • the transfer is necessary for the performance of our contractual engagement with you;
  • the transfer is necessary for the establishment, exercise or defense of legal claims; or
  • you have provided explicit consent to the transfer.

If you want further information on the specific mechanism used by us when transferring your personal information out of the EEA, please contact us using the details set out above.

This Website is controlled and operated by TheaterMania from its offices in the state of New York, United States of America. TheaterMania makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access this Website from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.

9. Security of your personal information

Your debit and credit card information

If you use your credit or debit card to purchase from us or to make a donation, we will ensure that this is carried out securely and in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). You can find more information about this by clicking here.

(https://www.pcisecuritystandards.org/pci_security/).

For TheaterMania Theater Club memberships our payment service provider will store your card details safely for use in future transactions. This is carried out in compliance with PCI-DSS and in a way where none of our staff members can see your full card number. We never store your 3 or 4-digit security code.

Security of your personal information

We have put in place appropriate safeguards (both in terms of our procedures and the technology we use) to keep your personal information as secure as possible. We will ensure that any third parties we use for processing your personal information do the same and that they will only process your personal information on our instructions. The third parties will also be subject to a duty of confidentiality.

TheaterMania staff are not allowed to put personal data on memory sticks or other such storage devices to protect against accidental loss.

Any TheaterMania staff member that has access to personal data on their mobile phones must ensure that their phone is password protected and that in the event of loss, that data can be deleted remotely.

All TheaterMania laptops are encrypted so that personal data cannot be accessed by third parties in the event of theft or loss.

TheaterMania has a full “Leavers Policy” in place to ensure that once an employee leaves the company, they no longer have access to personal data via any means including electronic.

10. Data retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Financial Data will not be retained after your transaction has been completed.

11. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal information, as follows:

  • Request access to your personal information

    You have a right to request a copy of the personal information that we hold about you. We may refuse to comply with a subject access request if the request is manifestly unfounded or excessive or repetitive in nature.

  • Request correction of your personal information

    You have the right to request that we correct the personal information we hold about you, although we may need to verify the accuracy of the new information you provide to us. We may refuse to comply with a request for rectification if the request is manifestly unfounded or excessive or repetitive in nature.

  • Request erasure of your personal information

    You have the right to request that we delete or remove personal information where there is no good reason for us continuing to process it. Please note that we may not always be able to comply with your request for erasure if there are specific legal reasons. For example, where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defense of legal claims.

  • Request restriction of processing your personal information

    You have the right to request that we suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. We may refuse to comply with a request for restriction if the request is manifestly unfounded or excessive or repetitive in nature.

  • Request transfer of your personal information

    You have the right to request that the personal information we hold about you is transferred to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Object to processing of your personal information

You have the right to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Please contact privacy@theatermania.com to exercise any of the rights listed above.

Please also note the following:

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests without undue delay and in any event within one month of receipt of the request. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12. Cookies

This Website makes use of “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit. They contain information allowing us to recognize when you are visiting this Website and to keep track of your preferences. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by this Website.

This Website uses two kinds of cookies:

  1. so-called “session” cookies, which are deleted from your computer when you leave this Website and are used purely to help you to navigate around this Website; and
  2. “persistent” cookies, which remain on your computer so that this Website can recognize you when you return.

We also use third-party advertising companies to target and show you advertisements when you visit this Website. These third-party advertisers may send “cookies” to your computer or other device to gather information about your preferences to provide you with advertising that is more likely to relate to your interests.

TheaterMania uses two third-party advertising services. We use Google’s DoubleClick to display ads on the TheaterMania.com website, and Centro to serve ads on websites outside of TheaterMania.com. For example, if someone visits a particular show page on TheaterMania.com, we may display an ad for that show on a subsequently visited external website.

Consumers have the ability to stop being personally tracked by either service. Bear in mind when opting out of tracking, one may still see ads based on factors such as the general location derived from your IP address, your browser type, and the page on TheaterMania.com where the ad is served from.

To opt-out of tracking from Google’s advertising services, go to: https://www.google.com/ads/preferences/

To opt-out of tracking from Centro’s advertising services, go to: https://www.centro.net/privacy-policy/

If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of this Website's interactive functionality.

Google Analytics

This website uses Google Analytics, a web analytics tool provided by Google, Inc. (“Google”) that helps website owners understand how visitors engage with their website. We can view a variety of reports about how visitors interact with our Website so we can improve it. Google Analytics collects information anonymously. Google uses cookies, and IP addresses, and it reports website trends without identifying individual visitors. For more information related to Google Analytics, click here: http://www.google.com/analytics/learn/privacy.html You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en

Additionally, we use Google Analytics’ doubleclick cookie for tracking aggregate and non-personally identifiable demographics and interests data. This website describes how it works and how the user can opt-out: https://support.google.com/adsense/answer/1348695

14. Complaints

We hope that we can resolve any query or concern you raise about our use of your information. If you have questions or concerns about our use of your personal information, please send an email with the details of your question or concern to privacy@theatermania.com.

We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding your information that we cannot resolve with you directly.

If UK or European Union (EU) data protection law applies to the processing of your information, you also have the right to complain to a supervisory authority in the UK or European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.

15. Notification of changes to our privacy policy

This privacy policy may change from time to time. Any changes will be posted on this page with an updated revision date. We will always communicate any changes to our patrons and supporters where we have accurate contact details and where they would expect to receive communications from TheaterMania.

This privacy policy was last updated on May 25, 2018.