WHO WE ARE

Cream Entertainment, LLC (“Company”, “we”, “our”, or “us”) operates the website CreamEntertainment.com and 

(collectively “Site”) and provides the content (including email and electronic communications) and services (collectively “Services”) offered on or through the Site. 

ABOUT THIS DOCUMENT

This Privacy Notice explains how we collect, use, share, and protect information about users of the Platform, and the choices users have about how we collect and use certain information about them. By accessing and using the Platform, you agree to our collection and use of your information in the manner described in this Policy. If you disagree with the terms of this Policy, you should not use the Platform. Please note that this Policy does not apply to employees or employment applicants. The Policy governing privacy for employees and employment applicants varies by jurisdiction, and can be obtained by e-mailing info@creamentertainment.com.

External Websites: This Privacy Notice does not apply to the websites of external parties to which the Platform links. We do not endorse and are not responsible for the content of such websites, their policies or practices, or any product or service that they offer. Any activity you perform on such external websites will be subject to the privacy policies and other terms and conditions expressed therein. We recommend that you review external website terms before providing any personal information to them.

This Policy is split into thirteen sections as follows:

We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as information collected from your browser or device that you use to access the Services.

1. Information You Provide Directly to Us 

You may provide us information directly when you use the Platform, such as:

• Contact information, such as your name, email address, phone number, and mailing address.
• Demographic information, such as date of birth and gender.
• Purchase information, such as event information, number of tickets purchased, transaction amount, venue name, event date, artist, billing address.
• Payment information for purchases made through the Platform, which we transmit securely to our payment processor. After transmission, we store only the last 4 digits of the card used to make the purchase.
• Reservation Notes, such as seating preferences, food and beverage preferences, and allergy information that you provide us, whether you showed up for your reservation, venue, reservation date and time, party size, amount spent.
• Venue Admissions, such as records regarding when a ticket, wristband, VIP bar card, party pass, pre-paid table, or reservation is fulfilled at a particular venue.
• Identity or Audio or Visual Information, including biometric information, scans of government-issued IDs, video footage or audio recordings if you visit one of our venues or call our customer service team.
• Referral source information, if you were referred to us by someone.
• Correspondence between you and us and records of such correspondence, such as the contents of emails you send us.
• Music Preferences, such as musical artists and genres that you have expressed an interest in.
• Rewards Program information, such as what rewards you redeem and preferences regarding our various venues.
• Marketing preferences, such as requests to opt out of marketing phone calls or emails.

1. Information That is Passively and/or Automatically Collected

 (i)         Device/Usage Information and Transactional Data

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Platform, such as (a) IP addresses, unique device identifiers and other information about your computer or mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information.  As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

We also automatically collect data when you engage in a transaction with us, such as a transaction ID, purchase date and time, and transaction amount.

                  (ii)        Location Information

We may automatically collect location information, including general location information (e.g., city, state and zip code) derived from your IP address or other information associated with your device.  If you use the Rewards App through a mobile device, we may also collect your precise geo-location information if you grant us permission to do so.

(iii)  Cookies and Other Electronic Technologies

We may also collect data about your use of the Services through the use of web server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored.  A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand what pages on the Site you have visited; (iv) enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Cookies are placed in your browser cache, while tracking pixels (sometimes referred to as “web beacons” or “clear GIFs”) are electronic tags with a unique identifier embedded in websites, online ads and/or email, and are designed to provide usage information like ad impressions or clicks, measure popularity of the Platform and associated advertising, and access user cookies.  We may also use these automated technologies to collect and analyze other information related to the devices you use to access the Platform, such as IP addresses, browser types, browser language, operating system used, the domain name of your Internet service provider, unique device identifiers, and other information about your devices used to access the Services. These automated technologies may also collect information on the websites you have visited before and after you visit the Services, and the advertisements you have accessed, seen, forwarded, and/or clicked on when using the Services or other websites. We or third-party technologies we use may place or recognize a unique cookie on your browser to enable you to receive customized content, offers, services or advertisements on our websites or other sites. By way of example, we utilize TikTok pixels for marketing purposes, to track users who visit our Site and match them to a TikTok user so that we can measure our marketing conversion rate. As we adopt additional technologies, we may also gather additional information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services. You can change your settings in the Rewards Program by selecting the “Ask App Not to Track” option when it appears on your screen, or by going to the Settings on your device, selecting Privacy & Security, then Tracking, and tapping to turn off or turn on permission to track within the Rewards Program app. You can change your preferences with regard to tracking from pixels in e-mail communications as well; however, the steps to do so varies based on the e-mail program you utilize, as well as the device you use to access your e-mail.

We use third parties to assist us in serving advertisements, tracking site usage statistics, and providing content-sharing services to support the Services.  These third parties may also use cookies and similar technologies to collect similar information about your use of the Services.  We do not control these third-party technologies, and their use of your information is governed by those parties’ privacy policies. For more information about how to opt out of these third parties’ use of your information, please see Section 6 below.

1. Information Collected from Third-Party Parties

 When you use a third party for our Services or otherwise make a purchase from us (e.g., purchasing tickets through TIXR, or making a reservation through OpenTable), we collect information about your transaction and, consistent with your privacy settings on those platforms, about you. When you interact with our social media pages, such as by “liking” our page or posting comments or replies to our content, we may collect certain information about you, consistent with your privacy settings on that platform. If you do not wish for us to collect information from these third parties, please do not interact with us via third-party platforms. For a description on how these third parties handle and disclose your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. We may combine information that we collect from or about you with information about you that we obtain from such social media and other content platforms. We may also receive information about you from our hotel partners when you visit our venues in a partner hotel.

We may use the information we collect for the following purposes:

• To provide and operate the Platform;
• To fulfill your reservations, orders and purchases;
• To send you information about your relationship or transactions with us;
• To respond to your inquiries and send information that we believe is of interest to you, including via email, and (with your consent) phone and text message;
• To market the Services to you, including, but not limited to, discounts, events, shows, news about our Services, other services, and/or special offers;
• To administer sweepstakes and contests;
• To personalize your experience on the Platform (including by sorting information in the Rewards App by your location, where you have enabled location sharing) and at our venues and events;
• For internal research and reporting and data analytics;
• To improve the content and features of the Services and/or develop new Services;
• To allow us and our advertising partners to personalize the content and advertising that you see on the Platform and on third-party platforms;
• To comply with applicable laws, including laws pertaining age restrictions at our venues;
• To protect the safety of others and maintain security at our venues and with respect to our Services;
• To enforce the legal or contractual terms that govern your use of the Platform or defend our legal rights; and
• To administer and troubleshoot the Platform.

We may disclose your information to parties outside of Cream Entertainment under the following circumstances:

• If you consent, we may disclose your information to third parties in order to provide services or products that you have requested and/or services that we believe will interest you.
• Service Providers. We may provide access to your information to vendors and others who perform services on our behalf. These parties provide a variety of services to us, including, without limitation, ticket processing, billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, and legal services.
• Other Third Parties. Except as provided herein, we may disclose your information to third parties so that they advertise products, services, or other content that you may find valuable. We may also disclose your information to third party advertising networks or others in order to tailor and serve advertisements that are relevant to you. We may also allow third-party advertising technologies (e.g., ad networks and ad servers) to use cookies and similar technologies on the Platform to deliver relevant and targeted content and advertising to you on the Platform and other websites you visit and applications you use, as explained further in “Personalized Content and Advertising” below.
• Protection of Cream Entertainment and Others. We may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with applicable laws and regulations or legal process; (b) enforce our Terms of Service, this Policy, or other contracts with you; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Cream Entertainment, its agents and affiliates, its users and/or the public. We may also disclose information to law enforcement agencies in emergency circumstances where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.
• Business Transfers. We may disclose and/or transfer your information, including your contact information, in connection with a proposed or actual merger, acquisition, transfer of control, distribution or sale of all, or components, of our business.

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your “personal data” as such term is defined under applicable law. To the extent that those laws apply, our legal grounds are as follows:

• To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our customers, or to take steps at customers’ requests in anticipation of entering into a contract with them. For example, we handle personal data on this basis to provide you with tickets that you have purchased to our events.
• Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent. For example, we process personal data to send marketing communications or communications regarding purchases or reservations you have made, or to customize content that we or our service providers display.
• Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as to fulfill customer service requests, market our services to you, protect our users, personnel and property, detection and prevention of fraud and other security incidents, auditing customer interactions on our Platform, bug detection and error reporting, improve our existing services and develop new services and analyze and improve the Platform.
• Legal compliance: We use and disclose personal data in certain ways to comply with our legal obligations. For example, maintaining legally required records regarding customer transactions and fraud prevention.

The Platform is operated in the United States and are governed by United States law. Our use of personal data for residents of the United Kingdom or European Union is also governed by UK or EU data protection law, as applicable. If you are a resident of the European Union or other location outside the United States, please be advised that any information you provide will be transferred to our Cream Entertainment affiliates in the United States or other designated locations outside of the United States for certain processing/hosting operations.  We have taken steps to ensure that your personal information is appropriately protected and is processed only in accordance with this Policy.

1. Online Analytics 

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Information We Collect” section to help us analyze how users use the Services including by noting the third-party website from which you arrive. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

1. Tailored Advertising

We may personalize the content and advertising that you see when using the Services through the use of third-party advertising technologies that allow for the delivery of relevant content and advertising on the Platform, as well as other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and may be tailored to your interests.Also, third parties whose products or services are accessible or advertised via the Services may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (i) inform, optimize, and serve ads based on past visits to our websites and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites and use of our Services. We also may disclose a hashed version of your email address with third-party advertising partners for purposes of delivering tailored advertising. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below.  If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. You may also use the links available in advertisements that appear in the Services and learn more about our advertising practices through the “About Our Ads” link available through the Services.Please note that you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored.When using the Rewards Program App, you may also receive tailored in-application advertisements. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating system.