Effective Date: January 1, 2020
Each time you access, use or browse the Sites or interact with Kapow!, or click on Kapow!'s digital advertisements that may appear on third party sites or apps, you signify your acceptance of the then-current Privacy Statement. If you do not accept this Privacy Statement, please do not provide information to Kapow!, access, use or browse the Sites, interact with Kapow!, or click on Kapow!'s digital advertisements. Should the Privacy Statement be revised, Kapow! will post the changes on the Sites and the new Privacy Statement will be effective 30 days after posting. When required by law, any material changes in the manner that we use or share personally identifiable information will apply only to information collected after posting of the revised Privacy Statement, unless we provide notice, have other communications with you or otherwise obtain your consent in accordance with applicable law.
We may collect personally identifiable information from you including, without limitation, non-public information about you that you give to us in connection with your interactions with Kapow! and the Sites that help Kapow! identify you, such as first and last name, email addresses, employer name, home and business addresses, job role, telephone numbers, information regarding the events that you book, information that you provide relating to guests for any events you book, billing information, credit card information, dates of birth, transaction history, bank account and routing numbers, and other non-public information.
If the Sites provide you with an option to create an account for, or to sign in to a password protected portion of, the Sites using registration information from your existing account with a social media platform, please note that doing so may cause Kapow! to receive certain of your sign in information for such social media platform as well as certain of your profile information. For example, if you create an account on the Sites using your LinkedIn account, Kapow! will obtain your email address, name, photo, headline, contact information, experience, education, summary, and location contained in your LinkedIn profile. Such information will be treated as personally identifiable information so long as the information is maintained in a manner that identifies your name or contact information.
We also may collect non-personally identifiable information, including, without limitation, information that does not personally identify you as the individual to whom the information relates, such as information that is aggregated by Kapow! or a third party, or information that is not linked to contact information or other personally identifiable information about you. This would include information about your use of the Sites such as your IP address(es), usage statistics, browsing and navigational history when visiting the Sites and content you access or view when on the Sites, general geographic location such as the city from which your computer or device is connecting to the Internet, webpages requested and visited, timestamps, sites you visit prior to and after visiting the Sites, type of operating system you use on your computer (e.g., Microsoft Windows or Mac OS) or device (e.g., iOS or Android) to access the site, the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider; and information regarding your Internet location if and when you see Kapow! ads and whether you click on such ad.
In addition, Kapow! may collect information regarding your age, gender, zip code, occupation, interests, purchase preferences, language preferences, event booking information, guest preferences, account IDs and passwords for the Sites, cursor navigation, and content you access, view, click on or search for when on the Sites, the device from which you access such content and the length of time for which you view same, information regarding the number of times your share content on the site through social plugins such as Facebook, Twitter, Pinterest, LinkedIn and Google+ as well as other information regarding your sharing of such content. In the event that such information is maintained in a manner that identifies your name or contact information, it will be treated as personally identifiable information; otherwise, such information will be treated as non-personally identifiable information.
We may collect personally identifiable information about you during your online and offline interactions with Kapow! and the Sites, such as when you:
Except as otherwise specified in this Privacy Statement, Kapow! does not alter the practices detailed herein based upon your selection of the "Do Not Track" setting or other "opt out" setting or feature that may be offered by your browser; however, Kapow! reserves the right to do so in the future without notice to you.
We may use the information we collect:
Kapow! may combine personally identifiable information collected through the Sites with information available from other sources (such as offline records or publicly available information). We will treat the combined information as personally identifiable information. Unless otherwise provided in our contract with you or pursuant to legal requirements, Kapow! stores all information collected until you instruct us in writing to remove personal information from our systems.
Kapow! also may use your non-personally identifiable information to present you with targeted content and advertisements (including on third party sites and apps) based on your past visits to the Sites and non-personally identifiable information collected over time by us and third parties. Such targeted content and advertisements may include marketing for the Sites our services, or the sites, products and services of Kapow!'s business and advertising partners. Your non-personally identifiable information also may be used to analyze and develop advertisements and advertising campaigns, provide you with special offers and promotions and determine the effectiveness of same, optimize and determine the effectiveness of content and advertisements, analyze your interactions with the content and advertisements you are presented with, and how same relates to your visits to the Sites.
Some of Kapow!'s third party partners may participate in the Digital Advertising Alliance's Self-Regulatory Program for Online Behavioral Advertising and allow consumers the ability to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit http://www.aboutads.info/choices/. Please note that even if Kapow!'s third party partners participate in the Digital Advertising Alliance's Self-Regulatory Program for Online Behavioral Advertising and you opt of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties after clicking the link and following the instructions provided therein. You may need to re-click the link and follow the instructions provided therein if you delete cookies or other Collection Technology or use a different computer, device or browser.
You authorize Kapow! to send email to you or telephone you to respond to your communications, and provide information to you about specials, promotions, new developments, special events, other Activities or services. Where required by applicable law, we will seek your prior written consent before doing so. Unsubscribe instructions will be included in each promotional email from Kapow!. Please note that unsubscribe requests may take up to ten (10) days to become effective. Unsubscribing will not stop you from receiving communications regarding your dealings with the Sites, transactions with Kapow! or technical information about the Sites.
Kapow! may disclose the information it collects to others (i) that are merchants or vendors being engaged for the purpose of effectuating an event you booked or have inquired about; (ii) for purposes of outsourcing one or more of Kapow!'s functions to service providers who work on behalf of or with Kapow!, including agents, vendors, merchants, advertisers, consultants and affiliates; (iii) to confirm or update information provided by you; (iv) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Kapow!'s business or operations (including without limitation in connection with bankruptcy or any similar proceedings); (v) that are its business partners, Activities sponsors or partners for our internal purposes; or (vi) as otherwise authorized by you.
Kapow! also may share the information it collects with Kapow!'s business partners, merchants and vendors or other third parties for their direct marketing purposes.
Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners to analyze the Sites' usage or demographics, or improve our products or services, improve our user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
The Sites may provide an option to create an account or to sign in using an email address and password that you have already registered with a social media platform, and/or may contain social plugins for other websites, such as Facebook, Twitter, Pinterest, LinkedIn and Google+. Prior to creating an account or signing in using such method and/or clicking on such plugins, we recommend reviewing the privacy polices for each of these websites/social media platforms.
Kapow! will not use the email addresses of any Kapow! client event invitees for remarketing purposes. Additionally, Kapow! will not sell or otherwise provide said invitee email addresses to any third party.
The Sites use Braintree, a division of PayPal, Inc., which is a vendor's service, to process payments made through the Sites. The information you provide in the course of making payment(s) through the Sites is collected and stored by Braintree and may be used by Braintree for the following purposes: (i) providing and improving the Braintree's services; (ii) Braintree's internal usage, including but not limited to, data analytics and metrics so long as such information has been anonymized and aggregated with other customer data; (iii) complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and (iv) any other purpose for which you have provided consent.
The Sites are not directed toward children under 13 years of age nor does Kapow! knowingly collect information from children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to Kapow!. If you are under 18 years of age, you may browse the Sites but you may not register an account on the Sites or provide information to Kapow!, unless specifically stated otherwise.
You may have the opportunity to follow links on the Sites to other sites that may be of interest to you. Kapow! endeavors to only link to reputable organizations. Because other sites may not be hosted or controlled by Kapow!, we are not responsible for the privacy practices of those sites or the content provided thereon. Therefore, the privacy policies with respect to other sites may differ from those applicable to the Sites. We encourage you to review the privacy policies of each other site. This Privacy Statement only applies to information collected and maintained by Kapow!.
Kapow! uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of your information. No transmission of data over the internet is guaranteed to be completely secure. While we strive to protect personally identifiable information, neither Kapow! nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk. Kapow! may process personally identifiable information on a server located outside the country where you live.
You are responsible for keeping your information current and up-to-date. You may update your information by modifying your account user profile and/or contacting us at 1.855.689.7757. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Kapow!'s internal reporting, processing and retention policies and all applicable legal obligations. You also have the right, where provided under applicable law, to ask us not to process your personal data by contacting us at 1.855.689.7757. Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort and provided same is allowed under applicable law.
Kapow! has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes if you request that we do not do so ("Opt-Out Policy"). You may make such a request by sending us an email at firstname.lastname@example.org. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personally identifiable information or for processing this request.
If you are a California resident and have provided personal information to a business without an Opt-Out Policy, you may be entitled by law to request certain information regarding disclosures of personally-identifiable information made by such business to third parties for the third parties' direct marketing purposes during the immediately preceding calendar year ("Disclosure Request"). Such business is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated by the business for such purposes. However, please note that due to Kapow!'s Opt-Out Policy described in the preceding paragraph, we are not obligated by law to adhere to your Disclosure Request or to provide you with the requested information.
If you are still interested in making a Disclosure Request, please contact us at email@example.com. In the Disclosure Request, specify that you seek your "California Customer Choice Privacy Notice." Please allow thirty (30) days for a response, but note that Kapow! is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Opt-Out Policy (which is cost free to you).
If you are a California resident, California law also provides you with specific rights regarding your personal information, including the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, the right to request that we delete any of your personal information that we have collected from you, subject to certain exceptions, and the right to opt-out of the sale of your personal information.
Attn: Legal Department
Kapow! Events Management, LLC
3840 Vineland Road, Suite 200
Orlando, FL 32811
Please note that we are only required to respond to two such requests per customer each year.
You also have the right not to be discriminated against if you exercise any of your rights under California privacy law. You may designate in writing an agent to exercise these rights on your behalf. Kapow! may require you to verify your identity and provide documentation of your agent’s authorization before we respond to your request.
We may have collected the following categories of personal information of California residents in the past 12 months:
QUESTIONS? If you have any questions or concerns regarding this Privacy Statement, please contact us at firstname.lastname@example.org. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the Sites or Kapow!.