1. INFORMATION WE COLLECT
The information we collect from you depends on whether you are merely browsing our website as a general User or whether you choose to register for a Fan and/or Artist account. In the course of your use of the Services, we obtain the following information about you as described below.
a. Signing Up for Services as a Fan and/or Artist
To create a Fan account with LiveOpera, you must provide a working email address and create a password for your Fan account. You may also choose to add a username and avatar to your Profile. We collect this information to perform our commercial contract with you and if you choose to receive marketing communications, on the basis of your consent. This information is not shared with Artists unless you make a purchase.
To make a Fan purchase from an Artist, you must also provide your shipping address and either an email address or mobile phone number in case LiveOpera or your Artist needs to contact you about your purchase. We and your Artist will use this information to perform our respective commercial contracts with you and if you choose to receive marketing communications, on the basis of your consent. LiveOpera will also collect your payment card information to fulfill your purchase. However, payment card information is processed by a third party payments processor. We do not store your payment card information in complete form within our systems and we do not share it with your Artist in any form.
To create an Artist account with LiveOpera, you must provide a working email address (so we can communicate with you about the account), create a password for the account, provide your bank ACH and routing numbers (so we can pay you any amounts due under Section 5 of the Terms of Service) and provide a photograph and/or logo for the account branding. You must also provide a working email address to be included on the public-facing Artist account page so Fans can communicate directly with you. We collect all of this information to perform our commercial contract with you.
b. Use of Services, Website Visits and Support
- IP address;
- browser type and version;
- geographic location;
- the time, date, and length of time you use our Services;
- pages you view, including the time spent on each page and clicks on each page;
- how you got to our Services (i.e., referring URL) and any links you click on to leave our Services;
- when you update your information, communicate with us, or order new Services;
- metadata about your use and your contacts’ use of our Services and your emails you send (including clicks and opens); and
- other interactions with our Services.
You can adjust the permissions within your browser or device operating system. However, if you set your browser to disable certain technologies, such as cookies, some features of the Services may not function properly.
2. HOW WE USE YOUR INFORMATION
We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:
- To provide the requested Services to you, and if you are a Fan, to facilitate the provision of requested services by your Artist;
- To provide you with useful content;
- To ensure the proper functioning of our Services;
- To offer and improve our Services;
- To provide you with requested information or technical support;
- To facilitate your movement through our website or your use of our Services;
- To do a better job of advertising and marketing our Services (our use of your information to do this is performed with your consent where required by applicable law);
- To diagnose problems with our servers or our Services;
- In connection with our security and compliance programs, including to prevent, detect, and take action against fraud or misuse of our Services, to establish, defend or protect our legal rights or interests, and to comply with our financial or legal obligations;
- To administer our websites;
- To communicate with you;
- To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
3. SHARING OF INFORMATION
We may share certain personal information as further described below.
a. Sharing Fan Information with Artists
When a Fan purchases a Package or Subscription from an Artist, we must share your name, shipping address, and preferred contact method (email address or mobile phone number) in order for your Artist to:
- assist you in using our products and services,
- contact you with offers, services or products that may be of interest to you (on the basis of consent, where such is required by applicable law), and
- provide you with their products or services.
Artists are independent controllers of your information. However, they are prohibited by this Policy and our Terms of Service from using Fan contact information for any purpose beyond those set forth above without the Fan’s consent.
b. Sharing with Third Party Service Providers and Vendors
c. Corporate Reorganizations
If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.
d. Legal Process and Protection from Harm
Lastly, if legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, law enforcement authorities and other relevant third parties, (i) to conduct an investigation, (ii) to respond to a third party or law enforcement subpoena or court order, or (iii) to bring legal action, prevent harm to others or pursue other relief, in each aforementioned case when you or a third party are or may be:
- violating our terms and conditions of use;
- causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
- violating federal, state, local, or other applicable law.
e. Non Personal Information
We may share aggregate, anonymized, or deidentified information about Users with other entities for marketing, advertising, research or similar purposes.
The transmission of information via the internet, email or text message is not completely secure. Although we have implemented reasonable precautions to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
We do not collect, use, or disclose your personal information in any ways or for any purposes that are materially different from those set forth herein. If we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such collection, use, or disclosure. You may choose whether you wish to receive marketing/exclusive content communications through SMS messages or emails from your Artist through the LiveOpera platform at the time you purchase a Package or Subscription. You can unsubscribe from these messages at any time by replying “STOP” to the SMS or clicking the unsubscribe link within the email.
6. TRACKING TECHNOLOGIES
a. Disabling Cookies . Most web browsers automatically accept cookies. However, you may edit your browser options to block them in the future. The “Help” function within most browsers will tell you how to prevent your computer from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. Users of the Services who disable cookies will be able to browse certain areas of the website, but some features may not function.
c. Do-Not-Track . Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section below.
d. Third-Party Ad Networks . Advertisers may also use technologies like cookies and web beacons to enable them to recognize your computer each time they send you an advertisement even when you are visiting another site. As a result, the advertiser would have the ability to deliver targeted advertisements that they believe would be of most interest to you. We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers.
Users may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
7. RETENTION OF PERSONAL INFORMATION
We may retain your information in our active systems as long as needed to meet the purposes for which it was collected or to fulfill the other purposes outlined herein. The duration for which we store your personal information depends on the purpose for which the information is being used.
8. YOUR RIGHTS
Certain laws, such as the European Union’s General Data Protection Regulation 2016/679, or GDPR, grant individuals specific rights in relation to their personal information. Such rights may include a right of access, rectification, restriction of, or objection to, processing of your personal data (including processing for direct marketing), withdrawal of consent (where consent was our basis for processing), and portability to another controller and deletion/erasure. Some of these rights are subject to limitations set forth in the applicable law.
Some features of the Services allow you to review, update and delete your personal information from your LiveOpera profile, or to cancel your LiveOpera account. Where this function is not available or you would like assistance with exercising your personal information rights, please contact us at email@example.com.
For Users in the European Economic Area, if you have concerns about our collection and use of your personal information that we cannot solve to your satisfaction, you have the right to file a complaint with the competent Supervisory Authority in your jurisdiction.
9. THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS
Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.
Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 13. If a parent or guardian of a child under the age of 13 becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us and we will delete such information from our files.
11. INTERNATIONAL DATA TRANSFERS
California residents may request certain information regarding our disclosure of personal information about you to third parties for their own direct marketing purposes. However, we do not currently disclose personal information to third parties for their direct marketing purposes.
13. CONTACT US
14. NOTIFICATION OF CHANGES