Privacy Policy

Published: January 23, 2024

This privacy policy applies only to the website owned, operated and maintained by Dave Matthews Band (“DMB”) (collectively referred to as the “Parties”, “we” or “us”) where this privacy policy is posted (collectively, the “Site”). This privacy policy does not pertain to information that is collected offline. BY USING THE SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

A. Information Collected

This privacy policy applies only to information collected on the Site and does not apply to information collected by us through any other means. We collect the information you provide to us actively, and also collect information automatically from the devices that interact with our Site, as explained below.

(1) Information You Actively Provide

We collect account details and personal information, such as your name, address, telephone number, email address, age, gender, or company name, that you actively provide to us when you register, communicate, or transact business with our Site.

We receive and store the information that you enter on our Site or give to us in any other way. The above list provides an example of the personally identifiable information that may be collected on the Site. If you do not want us to collect your personally identifiable information, please do not provide it to us.

(2) Information Collected from or About the Devices that Interact with our Site We receive and store information from and about the devices (such computers, smartphones) that interact with our site, including the Internet protocol (IP) address used to connect your computer to the Internet; your login credentials; and computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform. We use cookies, web beacons, and other technologies to measure and collect session information, including page response times, and to measure and understand visitor behaviors on the site. We may also collect technical information to help us identify your device for reasons of security and site integrity.

B. Use of Information Collected Via the Site

We use the information that you actively provide:

· To deliver services, such as educational programs, information, newsletters or software you request or purchase;

· To alert you to special offers, updated information and other new services from us, or other third parties, or to forward promotional materials;

· To complete a transaction or service requested by you;

· To fulfill the terms of a promotion;

· To ensure the Site are relevant to your needs;

· To help us create and publish content most relevant to you;

· To notify you about a material change to this privacy policy or the Visitor Agreement, if necessary;

· To allow you access to limited-entry areas of the Site; and

· To contact you in response to sign up forms such as Contact Us or Order Inquiry.

C. Sharing and Disclosure of Information

We may share or disclose the information you provide, including name and contact details in the following instances:

(i) To fulfill a service to you. For example, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.

(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions).

We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.

(iv) To complete your purchase. If you choose to make a purchase on the Site, we may collect from you your billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase.

(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from the Site. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your name and contact or payment details to any third parties.

If you wish to access, move, or delete your data contact us at myprivacy@musictoday.com and the team at Musictoday will assist you.

D. Online Tracking / Third Party Advertising

We use cookies, web beacons, and other tracking technologies for analytics and advertising purposes. Visit www.allaboutcookies.org for more information about cookies and web beacons. When you interact with our Site, interest-based advertisements may be displayed to you based upon information such as purchasing or browsing behaviors on our Site.

These tracking technologies enable us to identify the ads you see, whether you click on them, and other actions you take on our Site, so that we can tailor advertising, including for example avoiding repetition of ad content. We do not use personal information, such as name or contact details, to tailor advertising. For example, if you visit this website, your visit may be recorded in a cookie which may result in your seeing a targeted ad when you visit a different website. For more information about interest-based advertising and the ability to opt-out from this practice across multiple companies, please visit http://www.aboutads.info/choices/. Some media buying platforms such as Facebook enable us to use personal information such as email addresses, and we take steps to honor the privacy restrictions imposed by those platforms.

We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Site. Please be advised that such advertising companies may gather information about your visit to the Site or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. These advertisers may read and place cookies on our Site, but they do not have access to personal information such as name or contact details.

Our Site, whether accessed on a computer or a mobile device, is not at this time configured to read or respond to ‘Do Not Track’ settings or signals in your browser headings, which vary by browser provider. In lieu of a browser-based opt-out solution, users can utilize the Digital Advertising Alliance and other approved methods for placement of opt-out cookies. Our site and those of our third-party advertisers or other vendors are configured to read and honor these opt-out cookies, so long as they are present on your computer. Please note, if you delete all cookies, you will need to reset your opt-out cookies. Specific instructions on how to do so follow. However, please be aware that we do not control these opt-out processes.

Cookie Policy We use cookies when you visit our site. There are four main types of cookies – here’s how and why we use them.

(1) Site functionality cookies – these cookies allow you to navigate the site and use our features, such as “Add to Cart”.

(2) Site analytics cookies – these cookies allow us to measure and analyze how our customers use the site, to improve both its functionality and your shopping experience.

(3) Customer preference cookies – when you are browsing or shopping on a Musictoday hosted store, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.

(4) Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies.

Please note that by deleting or disabling future cookies, your user experience may be affected, and you might not be able to take advantage of certain functions of our site, and the complete Musictoday user experience that we pride ourselves on providing customers.

E. Children

The features, programs, promotions and other aspects of this Site requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at myprivacy@musictoday.com. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.

F. International Transfer of Information

If you choose to provide us with personally identifiable information, we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and by providing your personally identifiable information you consent to.

The use of your personally identifiable information for the uses identified above in accordance with this privacy policy; and the transfer of your personally identifiable information to the United States as indicated above.

G. Email Opt-Out

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on this Site or if you do not want us to share your personally identifiable information with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

H. Product Reviews, Forums, Chat Rooms, and Other Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your email address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

I. Third Party Websites

This statement applies solely to information collected on the Site. The Site may contain links to other websites. We are not responsible for the privacy practices or the content of these other web sites.

J. Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.

K. Changes to this Privacy Policy

We reserve the right to change this privacy policy from time to time. When we do, we will also revise the “last update” date of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site.

L. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

M. Contacting Us

If you have any questions about this privacy policy or our privacy practices, please contact us at myprivacy@musictoday.com. All information you provide in any written communication will also be covered by this policy.

L. Notice of Privacy Information for California Residents

This section applies only to “personal information” about California residents, as that term is defined in the California Consumer Privacy Act as amended (“CCPA”). It does not apply to data:

about individuals who are not residents of California;
that we handle in our capacity as a process or “service provider’ under the CCPA; or
that is exempt from the CCPA, such as publicly available information.

Categories of personal information we collect and disclose

During the 12 months leading up to the effective date of this Privacy Notice and on an ongoing basis, We have collected all of the following information from and about California residents:

Identifiers, such as:

Contact details, such as name, email address, address, and phone number; and
Online identifiers, such as IP address and account ID information
Financial data, such as payment information for our products and services;
Certain internet or other network or device activity (such as IP addresses, device identifiers, cookie data, device attributes, device usage information, browsing information);
Account login credentials; and
Other information that identifies or can be reasonably associated with an individual.

We intend to retain this information until we determine retention no longer is necessary for the purposes described further below.

We use personal information as follows:

To provide our products and, services;
For marketing, advertising, and other communications;
To enforce the legal terms that govern our business and online properties; or
Other purposes requested or permitted by you, or as reasonably required to perform our business.

CCPA “sale” and “sharing” of California personal information

We do not sell personal information as the term “sell” is traditionally understood. However, some disclosures of personal information may qualify under the CCPA as a “sale” or “sharing” of personal information. For example, disclosing an advertising or device identifier to a third party to receive their services may be considered a “sale” under the CCPA in some cases.

During the 12 months leading up to the effective date of this Privacy Policy, we have “sold” and “shared” (as those terms are defined under the CCPA) what the CCPA calls “identifiers” (like IP addresses), “internet or other electronic network activity information” and “commercial information” (like the fact that a browser visited a page directed to people who are considering purchasing from us) to third parties that assist us, such as marketing providers and analytics providers. This practice continues today. To our knowledge, we do not “sell” or “share” (as those terms are defined under the CCPA) the personal information of individuals under 16 years of age.

Californians have a right to ask us not to “sell” or “share” certain personal information as that term is defined in under the CCPA. You can make such a request by performing BOTH of the following steps:

1. Send us an email at myprivacy@musictoday.com with that request; AND

2. If you would like your request to include CCPA “sales” and “sharing” that happen through cookies and related technology, please see Online Tracking / Third Party Advertising section of our Privacy Policy below.

Other Disclosures of Personal Information

In the last 12 months, we disclosed California personal information to third parties as follows:

Category of personal information

identifiers (such as name, address, email address and other contact information)