PRIVACY POLICY
INTRODUCTION
Deaf West Theatre Company, Inc. (“DWT,” “Company,” “we,” “us,” or “our”) is a non-profit theater company that values your privacy. In this Privacy Policy (“Policy”), we describe what
information we collect from you as a user of our Site or Service, why we collect and use it, and how you can manage and delete your data.
Definitions
“Personal Information” refers to (i) any information that identifies, relates to, describes, is reasonably capable of being associated with you, or could reasonably be linked, directly or indirectly, with you, and (ii) any information that is associated with you and thus could potentially be used to identify or reidentify you, including when combined with other information from or about you.
“Site” refers to our website, which includes all pages within the https://www.deafwest.org host directory and subdomains, and all pages hosted on DWT servers regardless of domain. “Service” means our services available through our Site and any mobile applications we may provide.
Data Controller
DWT is the data controller and responsible for your information under this Policy. The following is our contact information:
Deaf West Theatre Company, Inc.
10563 Amberwood Lane
Northridge, CA 91326
By visiting the Site, or using any of our Service, you agree that your Personal Information will be handled as described in this Policy. Before using the Service or submitting any Personal Information to us, please review this Policy carefully and contact us at info@deafwest.org if you have any questions. If you do not agree to this Policy, please do not access the Site or otherwise use the Service. Your use of our Site or Service, and any dispute over privacy, is subject to this Policy and our Terms of Service, including any applicable limitations on damages and provisions for the resolution of disputes.
INFORMATION WE COLLECT
We ask for and collect information about you when you use our Site or Service. We collect this information directly from you, from third parties, and automatically through your use of our Site or Service.
Information we collect directly from you.
We collect Personal Information when you register or access the Site. The Personal Information collected during these interactions may vary based on what you choose to share with us. To register, you must submit your email address to the Site and a password that you create for user authentication purposes. We also ask you to provide a first and last name, mailing address, and phone number. We will only record your email address when you submit it to us as part of the user registration process or our mailing list signup process. We do not collect data about your location, race, ethnicity, religion, sexual orientation, health, trade union membership, or political affiliation information. We do not collect or store your credit card information you may enter as a part of making a purchase or donation because third-party payment processors, such as PayPal and Arts-People, handle these transactions.
Information we collect automatically.
When you visit our Site, we may automatically collect and log the following information about your use of our Site or Service through cookies and other technologies: your domain name; your browser type, device name, and operating system; the URLs you requested to access; the dates, methods, and the status code of requests; your IP address; the time, frequency, and length of time you visit our Site or use our Service; the number of bytes transferred; or the URLs of pages that referred you to the Site.
Web Server Logs
When you visit the Site, our web server may record some automatically collected information, described in Section 1.3, in its server log. We use server log information to help diagnose problems with our server and to administer our Site by identifying which parts or features of our Site are most heavily used. We also use this information to tailor Site content to user needs and to generate aggregate statistical reports. Web server logs are retained on a temporary basis, during which time their contents are accessible to Site administrators, and then deleted completely from our systems. Unless required by legal process, we do not link IP addresses to any Personal Information. This means that user sessions will be tracked by IP address, but a user’s identity will remain anonymous.
Cookies and similar technologies
Cookies. We and our third-party service providers may use cookies, to track information about your use of our Site and Service. Cookies are alphanumeric identifiers that we store on your computer or mobile device. Some cookies allow us to make it easier for you to navigate our Site and Service, while others are used to enable a faster login process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer or device when you close your browser or power off your computer or device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent Cookies. Persistent cookies remain on your computer or device after you have closed your browser or turned off your computer or device. We use persistent cookies to track aggregate and statistical information about user activity.
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Disabling cookies.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Separately, you may opt out of our non-essential cookies. Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Service.
Other websites.
This Site may contain links to and embeds of other websites. The websites to which the Site links may also install cookies on your computer, log your access to their web pages, or collect user-identifying information directly from you, once you proceed to browse those websites. We are not responsible for the privacy policies of other websites to which the Site provides links. Please visit the relevant websites to review their privacy policies. For example, to adjust the cookie settings of Wix.com, our vendor that collects cookies, please visit https://support.wix.com/en/article/cookies-and-your-wix-site.
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“Do Not Track” signals.
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), but such disabling will impair use of the Site and Service.
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Legal basis for processing of Personal Information
Where required by applicable law, we rely on certain legal bases for our collection and processing of Personal Information, including your consent, necessity to perform a contract, or our legitimate interest. In the case of Personal Information collected by us in connection with your monetary donations to DWT, or to contact you with information and updates about DWT, we rely on your consent and our legitimate interest.
Children’s Data
Our Site and Service are intended for general audiences and not directed or intended for children under the age of 13. You may not use our Site and Service if you are under the age of 13. If you are under 13, do not use or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. We do not knowingly collect Personal Information from children under 13. If we become aware that a user of our Site or Service is under the age of 16 in the EU or under 13 in the U.S., and has submitted information to the Company without verifiable parental or guardian consent, we will remove that user’s information and deactivate their account. If you have reason to believe that we may have accidentally received Personal Information from a child in your jurisdiction, please contact us immediately at info@deafwest.org.
HOW WE USE INFORMATION WE COLLECT
We use your information for the following purposes:
Provide our service
We use your information to provide our Site and Service, process ticket requests and donations, communicate with you about your use of our Site and Service, to respond to your inquiries, and for other customer service purposes.
Improve and develop our services
We use your information to ensure our Site and Service are working as intended, to analyze how users access and use our Site and Service, both on an aggregated and individualized basis, to maintain and improve the content and functionality of our Service, to develop new Service, and for other internal research and analytical purposes.
Offer promotions
We use your information for marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news, promotions, or to otherwise contact you about information regarding the Service or information we think may interest you. For example, we may email you in order to advertise or promote our upcoming events or programs. When you submit your email address to the Site during registration, we will ask you whether you want to receive periodic announcements from the Site by email. Accepting emailed announcements is entirely optional and not a condition of registration, and you may change your email settings at any time to subscribe or unsubscribe to these mailings.
Fraud prevention and compliance
We use your information to prevent fraud, criminal activity, or misuses of our Site and Service, and to ensure the security of our IT systems, architecture and networks. We also may use your information to comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and that of our affiliates, you, or other third parties.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION
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Sharing with your consent
Where you have provided consent, we share your information, including Personal Information, as described at the time of consent and only for the purpose for which you have provided your information to us. We will not sell, lend, or disclose to third parties any Personal Information collected from users, except as described in this Policy.
Service providers
We may disclose the information we collect from you to third parties, such as service providers, vendors, or agents who perform functions on our behalf, including, but not limited to, providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, and payment processors. Pursuant to our instructions, these parties may access, process or store Personal Information in the course of performing their duties to us. These parties will be prohibited from using or sharing Site user information for any purpose other than performing functions on our behalf.
In response to legal process
We ordinarily do not disclose to third parties Site usage by individual IP addresses, but we may do so without further notice to you in very limited circumstances when complying with the law, a judicial proceeding, court order, or other legal process, working with consultants assisting us with fixing or improving the Site, or monitoring and improving the security of our network.
To protect us and others
We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Policy, of our Terms of Service, or as evidence in litigation in which we are involved.
Aggregate and De-identified information
We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research, or similar purposes. Please note that except as noted above, we will not sell or share your Personal Information with any third party for their direct marketing purposes without your consent.
Assignment
We may choose to assign your Personal Information to our successor or other assignee of our rights and obligations under this Policy without your consent. You may not assign or transfer your rights or obligations under this Policy without our prior written consent.
THIRD-PARTY ANALYTICS
We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and our Service. We also may use other analytic means to evaluate our Service. We use these tools to help us improve our Service, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties. We also do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, please contact us at info@deafwest.org.
THIRD-PARTY LINKS
The Site may contain links to other websites not operated or controlled by us, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Policy. By providing these links we do not imply that we endorse or have reviewed these Third Party Sites and we are not responsible for the information practices of such Third Party Sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.
YOUR RIGHTS
In certain circumstances, providing Personal Information is optional. However, if you choose not to provide Personal Information that is needed to use some features of our Service, you may be unable to use those features.
Rights relating to my Personal Information
You may request access, modification, or deletion of Personal Information that you have submitted to us by contacting us at info@deafwest.org. For example, you may ask us to correct, update, or delete your Personal Information. We will reply to and honor such requests to the extent required by law. We may need to retain some information in order to comply with law, and to defend or exercise our legal claims. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site for a period of time.
EU residents may also request to exercise certain additional rights under the General Data Protection Regulation (“GDPR”) to rectify inaccurate information (Art. 16), erase personal data (Art. 17), restrict processing (Art. 18), request data portability (Art. 20), and object to certain processing (Art. 21). We will respond to such requests in the time period and to the extent required by the GDPR. Such requests can be made by contacting us at info@deafwest.org.
You also have the right to lodge a complaint with a supervisory authority, in particular in your EU Member State of residence, if you consider that the processing of your personal data infringes the GDPR.
Non-U.S. Users
If you use the Site or Service outside of the United States of America, you consent to having your Personal Information transferred to and processed in the United States of America, which may have less protections than your jurisdiction of residence.
What choices do I have regarding use of my Personal Information for marketing?
We may send periodic informational or promotional emails to you if you have signed up for such information on the Site. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Service you have requested or received from us.
Data retention
We, generally, retain Personal Information as long as necessary to fulfill the purposes for which the Personal Information was collected, including for as long as you use our Service. We may continue to retain such Personal Information even after you cease to use any particular Service, as reasonably necessary to comply with applicable laws and our legal obligations, resolve disputes, prevent fraud and abuse, enforce our
agreements, and protect our legitimate interests.
SECURITY OF YOUR PERSONAL INFORMATION
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect your Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no system or electronic transmission is ever fully secure, impenetrable, or error free. In particular, e-mail sent to or from us may not be secure. We cannot completely guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Information to us via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
CALIFORNIA PRIVACY NOTICE
Although as a non-profit, DWT is not required to comply with the California Consumer Privacy Act (“CCPA”), we take your privacy as a California resident seriously. We do not sell your personal information as that term is defined in the CCPA. If you are a California resident who has provided personal information to DWT, or a California resident that reasonably believes that DWT collected or stores their personal information, you may make a request to us under Section 6.1.
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CHANGES TO THIS PRIVACY POLICY
This Policy is current as of the Effective Date set forth above. As we periodically review our security measures and Privacy Policy, the Service may change from time to time. As a result, we may change this Policy at any time, so please be sure to check back periodically. We will post any changes to this Policy on the Site, unless another type of notice is required by the applicable law. If we make any changes to this Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes). By continuing to use our Service or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.
CONTACT US
If you have questions or complaints about this Policy or our information practices, please contact us at info@deafwest.org. If you are an EU resident and believe our processing of your Personal Information violates data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged violation.
TERMS OF SERVICE
Version dated January 6, 2021
Deaf West Theatre Company, Inc. (“DWT,” “Company,” “we,” “us,” or “our”) is a non-profit theater company that engages artists and audiences in unparalleled theater experiences inspired by Deaf culture and the expressive power of sign language, weaving ASL with spoken English to create a seamless ballet of movement and voice. These Terms of Service (“Terms”) is a legal agreement between us, Deaf West Theatre Company, Inc., a California non-profit corporation with office at 10563 Amberwood Lane, Northridge, CA 91326 (“we” “us” and “our”), and you, and applies to your use of this website (“Site”) and any services offered on or through the Site, such as donations and ticket purchases (collectively, the “Service”). By using the Site and Service, you agree to be bound by these Terms. If you do not agree to these Terms, you should cease using the Site and Service. If you are using the Site and Service on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.
CHANGES
We may modify the Terms from time to time. The most current version of the Terms will be located at deafwest.org/privacy. You understand and agree that your access to or use of the Site and Service is governed by the Terms effective at the time of your access to or use of the Site and Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, or any other reasonable method. We will also indicate at the top of this page the date that such changes were last made. You understand and agree that your continued access to or use of the Site and Service after the effective date of changes to the Terms represents your acceptance of such changes.
ACCEPTABLE USE
We may establish written policies for your use of the Site, and those policies will be published in this section. You must abide by those policies, and if you fail to do so, we may immediately terminate and remove your account or limit your access to it. We may update those policies from time to time.
You agree not to, and not to allow third parties to use the Site:
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To make comments that are threatening, knowingly false, or unlawful; or to engage in or
promote harassment, hate, violence, discrimination or personal attacks; -
To impersonate any person or entity or create a false identity on the Site;
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To harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Site;
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To disseminate or transmit “spam,” unsolicited messages, chain letters, advertisements, solicitations, or other unsolicited commercial communications, including (but not limited to) communications describing investment opportunities
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To post material that infringes a copyright, trademark or patent right, trade secret, privacy, publicity or other legal right of any person or any corporation, institution, or other
entity; -
To knowingly disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, hoaxes, corrupted files, malware, ransomware, spyware, or other items of a destructive nature or any other malicious code or program;
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To access or use the Site in any manner that could damage or overburden any of our
servers, or any network connected to any of our servers; -
To use the Site or take any action in any manner that would interfere with any other party’s use of or circumvents any aspect of the Site;
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To not implement any measures to circumvent us blocking you from accessing the Site.
REGISTRATION & TERMINATION OF ACCESS
Certain areas of the Site may require registration or may otherwise ask you to provide information in order to participate. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain features of the Site. When you register, you must provide information to DWT that is accurate, current and complete. You must keep that information up to date. You must immediately notify DWT of any unauthorized use of your password or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your password or account login information.
We reserve the right to terminate any registration and otherwise deny Site access to any person for any reason. We have the right to refer any suspected fraudulent, abusive or illegal activity that may be grounds for suspension or termination of your account and/or use of the Site, to appropriate law enforcement authorities. You agree that we may terminate your account at any time for any reason or no reason. If we do so other than for breach of these terms, we will refund to you a pro-rated portion of fees you have already paid to us, if any, for the remaining term pertaining to those fees.
To make a donation, you do not need to register on our Site. To purchase tickets through our Site, you do need to register on our Site. Our Site’s donation and ticket purchasing features are provided by third parties, as described in the Third Party Sites section of these Terms.
EVENTS & PERFORMANCES
If you purchase a ticket to an event or performance you agree to abide by all terms of the ticket and our policies for attendees. Please note that we are not responsible if an event or performance is postponed, cancelled or delayed due to circumstances beyond our control. No refunds will be issued for purchase tickets unless specifically agreed to by us.
PRIVACY
Any personal data you provide in connection with your registration and use of the Site and Service will be governed by these Terms and DWT’s Privacy Policy, which is incorporated by reference into these Terms. We encourage you to review our Privacy Policy at deafwest.org/privacy so you are aware of how we collect and use your personal information.
THIRD PARTY SITES & SERVICES
The Service may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any third party content that appears on a Third Party Site. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Site.
Some of the services made available through the Service, such as making donations or purchasing tickets, are provided by third party providers. Such services may be subject to additional third party terms of service, privacy policies, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms. We are not responsible for the services of such third party providers.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
Your use of the Site and Service is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
You agree that we will not be liable to you for any indirect loss or damages, including without limitation consequential or incidental damages, arising out of or relating to these Terms, or your use or inability to use the Site or Service whether based in contract, tort, or other law.
INDEMNIFICATION
You will indemnify and defend us, our affiliates, employees, contractors and agents (collectively, the “Indemnified Parties”), and hold the Indemnified Parties harmless, from and against any claim, and all related loss, damage, damage, or expense, including without limitation reasonable attorneys’ fees, incurred by Indemnified Parties, in connection with (1) use of the Site and Service; (2) breach of these Terms or any representation or warranty made by you; or (3) violation of applicable law, by you or by any person whom you authorize to use your DWT account.
The Indemnified Parties shall have the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
GENERAL
These Terms constitute the entire agreement between you and us with respect to your use of the Site and Service, superseding any prior agreements. DWT reserves the right to these Terms and to modify DWT’s features at any time by posting changes to these Terms at deafwest.org/privacy and sending all registered users email notification that changes have been made. DWT will use reasonable efforts to post such changes at least 30 days before their effective date, but non-material changes or changes that are necessary to avoid liability by DWT may take effect more quickly.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The provisions of these Terms will survive any termination of services to you.
These Terms will be governed by the laws of the State of California without regard to its conflicts of laws provisions. In the case of any dispute arising out of or relating to these Terms or your use of the Site, the state and federal courts located within the County of Los Angeles, State of California will have exclusive jurisdiction, and both we and you agree to submit to the personal jurisdiction of such courts.
Any failure to enforce any term or condition of these Terms will not constitute a waiver of rights. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, it will be interpreted to have the broadest validity consistent with law, and the other provisions of these Terms shall remain in effect.
These Terms are personal to you and non-assignable, except with our prior written permission. DWT may assign or transfer these Terms. These Terms will be binding on, and inure to the benefit of permitted successors and assigns.
Any notice that we provide to you may be provided to the email address on file for your account. You must inform us of any change in that email address.
QUESTIONS & COMMENTS
If you have any questions about these Terms of Service,
please contact us at info@deafwest.org.