Privacy Statement

Effective Date: January 1, 2020

This Privacy Statement describes how Kapow! Events, Inc. and its affiliates (collectively, "Kapow!") treats information that Kapow! collects or receives from you through this website and other Kapow! websites, online locations, social media and mobile apps (collectively, the "Sites"), as well as through offline interactions and from third parties. This Privacy Statement together with the Terms of Use govern your use of the Sites.

1. Acceptance of Privacy Statement
2. Types of Information Collected
3. ​How We Collect Information
4. How We Respond to "Do Not Track" Signals
5. ​How We Use Your Information
6. Communications with You
7. Information Sharing with Third Parties
8. Children
9. Links
10. Protection of Personally Identifiable Information
11. Updating Your Information
12. Your California Privacy Rights

1. Acceptance of Privacy Statement

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.

2. Types of Information Collected

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.

3. How We Collect Information

We may collect personally identifiable information about you during your online and offline interactions with Kapow! and the Sites, such as when you:

• Book an event;
• Provide information regarding event guests;
• Create, change or use an account or user profile;
• Sign up to receive emails, promotions, alerts, announcements or newsletters;
• Apply for jobs via the Sites or email;
• Participate in any events, promotions, sweepstakes, surveys, questionnaires, or other activities (collectively, "Activities");
• Communicate with Kapow! via the Sites or email or fax; and
• Interact with Kapow! personnel, whether in person, on the telephone or via email.
  Kapow! automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Sites. If you are logged in to your Kapow! account we also may collect additional personally identifiable information such as content you access, view, click on or search for when on the Sites, the devices from which you access such content and the length of time for which you view same.
  We also may collect information using cookies, web beacons, pixels, gifs, tags, browser web storage, application data caches or similar technologies (collectively, "Collection Technology") or through third parties using cookies or other Collection Technology. A cookie is a piece of data stored on your computer or device. When you visit the Sites, your web browser may store cookies on your computer or device, or your computer or device may be exposed to other Collection Technology which work independently or in conjunction with cookies. Cookies or other Collection Technology will better enable you to navigate the Sites upon an initial visit or return visit, and will collect certain information about you. You may use the Sites even if you choose to reject or delete the cookies. Cookies also may be used by some of the other site for which a link is placed on the Sites.
  Now or in the future, the Sites may use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies and other Collection Technology to collect and store anonymous information about you, which may include non-personally identifiable information. You can read Google Analytics' privacy policy at http://www.google.com/analytics/learn/privacy.html and Google Analytics Terms of Use at http://www.google.com/analytics/tos.html. The Sites may use certain features of Google Analytics based on Display Advertising, such as:
  
• "Demographics and Interest Reporting" to analyze information regarding the interests and demographics of users of the Sites. We use such non-personally identifiable information in the same manner as we use other non-personally identifiable information as described below.
• "Remarketing with Google Analytics" to place ads on other sites directed to people who have visited the Websites.
• "Google Display Network Impression Reporting" to report how people's interactions with our ads relate to their visits to the Sites.
  
  You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at:https://www.google.com/settings/ads?hl=en&sig=ACi0TCh4HAtjShL0Fdg63jzwho_phMSA0-0hzzH5ELDtoQ4xvNARM3etqnH1cOQWE6jmaavbHAbbDNQ0VerqrM5EhrZPUq-63xzTlHosNHcmK0aXN4mlgTrjMz0kkR9jDjb517T55jzNvxLzRysnxsAR_ppR2CwKxxB9HGFk7nx48LTrKMNPSF2b4FHwjiQFue_I4bivF.
  You also can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at: http://tools.google.com/dlpage/gaoptout?hl=en.
  
  Kapow! also may acquire personally identifiable and non-personally identifiable information from other sources (such as offline records or publicly available information), from third parties such as our business partners, Activities partners and sponsors, vendors, merchants and other third parties; and the owners or operators of sites or applications where our advertisements appear, some of which partner with Kapow! or with an advertisement network used by Kapow!. Non-personally identifiable information also may be obtained by these other sources from inferences based upon the sites you visit; third party data; information you share on other sites, social media platforms and applications; or demographics derived from profiles or accounts that you create, to the extent permitted in their privacy policies.
• Similar to Google Analytics, we may use Pardot, a Salesforce's marketing automation solution. You may opt out by emailing us at privacy@kapow!.com.

4. How We Respond to "Do Not Track"

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.

5. How We Use Your Information

We may use the information we collect:

• For the purposes for which you provided the information;
• To process and respond to your event bookings, requests and inquiries and provide services to you;
• To alert you to new developments, promotions, specials, special events, products or services or other Activities and to administer same;
• To send you announcements, promotions, and newsletters, and to personalize same;
• To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems of the Sites;
• To carry out internal operations and to analyze our users' demographics and interests;
• To administer and process payments;
• For administration and improvement of the Sites and to enhance the user experience and Kapow!'s services;
• To develop, deliver, and improve our services, content, and advertising;
• To send important notices, such as communications about event bookings and other transactions on the Sites and changes to our terms, conditions, and policies;
• For fraud prevention, internal operations, legal compliance, and other public and security related purposes; and
• To enforce the Terms of Use and any supplemental terms and/or policies of Kapow!.

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.

6. Communications with You

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.

7. Information Sharing with Third Parties

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.

We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Use or supplemental terms and/or policies of Kapow!, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Kapow!, or others, or as otherwise permitted or required by law.

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.

8. Children

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.

9. Links

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!.

10. Protection of Personally Identifiable Information

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.

11. Updating Your Information

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.

12. Your California Privacy Rights

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 privacy@kapow.com. 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 privacy@kapow.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.

To make such a request click here to submit an online request, call us at 1-855-KAPOW-US, or send a letter to:

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:

• Identifiers such as a real name, postal address, Internet Protocol address, email address, or other similar identifiers.
• Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80.
• Characteristics of protected classifications under California or federal law.
• Commercial information.
• Internet or other electronic network activity information.
• Audio, electronic, or similar information.
• Professional or employment-related information.
• Inferences drawn from any of the information identified above.

This information is collected and used for the purposes disclosed in this Privacy Policy. Kapow! may have disclosed any of the above categories of personal information pursuant to an individual’s consent or under a written contract with a service provider for a business purpose in the past 12 months.

QUESTIONS? If you have any questions or concerns regarding this Privacy Statement, please contact us at privacy@kapow.com. 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!.