We at Boulevard Arts, Inc. (“Boulevard,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Boulevard in connection with our online services, which are made available to you through a variety of platforms, including, but not limited to, http://blvrd.com (the “Website”) and our app, which is accessible through a variety of connected devices (the “App”). The Website and the App are collectively referred to as the “Platform.”
Description of Users and Acceptance of Terms
This Privacy Policy applies to visitors to the Website, who view only publicly-available content (“Visitors”) and end users (“Users”) who have signed up to use our services (the “Services”) via the Platform.
By visiting our Platform, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. By signing up, accessing, and/or using the Platform each User is agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.
Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use.
The Information We Collect and/or Receive
In the course of operating the Platform and/or interacting with you, Boulevard will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
1. Personal Information
When you sign up to become a User, you will be required to provide us with personal information about yourself, such as your name and e-mail address. Users may elect to use Facebook Connect or similar logins to automatically populate certain information on our registration page. If you use such third-party logins, you are authorizing Boulevard to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc. (“Facebook”) or such other third parties could provide to us through their application programming interface (“API”). Such information may include, without limitation, your first and last name, Facebook username, Facebook profile picture, unique Facebook identifier and access token, and e-mail address.
All information we collect and/or receive under this section is collectively called “Personal Information.”
In connection with some Services, we may receive from organizations certain Personal Information about Visitors and Users, such as the names and e-mail addresses of an organization’s members.
We do not collect any Personal Information from Visitors when they use the Website, unless they provide such information voluntarily, such as by registering or sending us an e-mail or signing up for a newsletter. In addition, if you engage in any of our virtual experiences via our Platform while on-site at a location that offers our experiences (“On-Site Locations”), you may be asked at such On-Site Location if you would like to voluntarily provide certain Personal Information, such as your name and email address (for example, you may be able to sign up for our newsletter at one of our On-Site Locations). We do not collect any Personal Information from you when you visit an On-Site Location unless you provide such information voluntarily.
2. Billing Information.
In order to process any transactions (e.g., purchase a module or make a donation) through the Platform (each, a “Transaction”), Users may be required to provide certain billing information, such as information related to their PayPal account, debit card number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, the “Billing Information”). Such Billing Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information in connection with such Transactions.
3. Transaction Information.
When Users wish to make any Transaction, they must provide us with certain information about the Transaction they are seeking to execute. Such information is collectively called the “Transaction information.”
4. Geolocational Information
Certain features and functionalities of the Platform are based on a User’s location. In order to provide these features and functionalities while a User is using a mobile device, we may, with the User’s consent, automatically collect geolocational information from that User’s mobile device or wireless carrier and/or certain third-party service providers. In addition, if you visit one of our On-Site Locations, we may collect geolocational information from you if you voluntarily provide any Personal Information to such On-Site Locations. The information described in this Section is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the Services are running on a User’s mobile device. Users may decline to allow us to collect such Geolocational Information, in which case Boulevard will not be able to provide certain features or functionalities to that User.
5. Other Information.
In addition to the Personal Information, the Billing Information, the Transaction Information, and the Geolocational Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include:
From Your Activity. In an ongoing effort to improve the Services, we automatically collect certain information when Visitors visit the Website and when Users use the Platform. Such information includes, without limitation:
· IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Platform Visitors visit; and similar data;
· Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data; and
· Activity and usage information occurring via the Services, including exhibitions and galleries that a User visits; items, exhibits, and content that a User views and the duration and sequence of such viewing; in-Service purchases and donations; survey responses; preferences; session lengths; and similar data.
From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.
From You. Additional information that Visitors and Users voluntarily provide to us, such as their hobbies, personal interests, household income range, number of children, gender, country, product and service preferences, and other information that does not identify them personally. You may provide this information while using our Platform or by visiting one of our On-Site Locations.
Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.
From Other Sources. Information that we collect or receive from third parties, such as participating organizations, Facebook, other third-party social media sites, and third-party distribution platforms.
The Information Collected by or Through Third-Party Advertising Companies
You authorize us to share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.
Accessing and Modifying Information and Communication Preferences
Anyone who has signed up to use the Platform may access, remove, review, and/or make changes to the same by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Boulevard marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Users cannot opt out of receiving transactional e-mails related to their account with Boulevard.
How We Use and Share the Information
You authorize us to use the Personal Information, the Transaction Information, the Geolocational Information, and the Other Information (collectively, the “Information”) to provide and improve our Platform and Services; to process Transactions; to administer our contests, sweepstakes, rewards, and other promotional programs; to solicit your feedback; to inform you about our products and services and those of our promotional partners and participating organizations; and to bring you customized newsletters based on your activity on the Platform.
You also authorize us to use and/or share Information as described below.
· We may share Information about our Users with participating organizations, On-Site Locations, and third-party distribution platforms, so they can offer our Users special products, services, discounts, tickets, and other items. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing. Likewise, we may receive information from such third parties to offer our Users special items or services.
· We may, from time to time, share and/or license Information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
· We will access, use, and share the Information as required to fulfill our contractual obligations to you or subsequent requests for Services and/or support by you.
· We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, marketing assistance, and administration of our rewards and promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
· In an ongoing effort to better understand our Visitors, Users, Platform, and the products and services of Boulevard, our promotional partners, third-party distribution platforms, On-Site Locations, and participating organizations, we may analyze certain Geolocational Information, Transaction Information, and Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Platform and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, participating organizations, On-Site Locations, third-party distribution platforms, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
· In order to provide our Services and administer our contests, sweepstakes, rewards, and other promotional programs, we may share your Information with our third-party promotional and marketing partners, including, without limitation, On-Site Locations and other businesses participating in our various programs.
· With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
· We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
· As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
· To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Boulevard or others.
How We Protect the Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notices to Non-U.S. Residents
The Platform and its servers are operated in the United States and elsewhere. Please be aware that your Information, including your Personal Information and Billing Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
External Websites
The Platform may contain links to third-party websites. Boulevard has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
Children
We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.
California Residents
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Boulevard may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to privacy@blvrd.com with “Privacy Policy” in the subject line or write to us at:
Boulevard Arts, Inc.
c/o Lowenstein Sandler LLP
1251 Avenue of the Americas
New York, New York 10020
Attention: David L. Goret, Esq.
In addition, Boulevard does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Changes to This Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. By accessing the Platform and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
How to Contact Us
If you have questions about this Privacy Policy, please contact Boulevard via e-mail at hello@blvrd.com with “Privacy Policy” in the subject line.