Scope and Updates

This privacy policy (“Policy”) describes the information that Newport Festivals Foundation, Inc. (“Newport Festivals Foundation,” “we,” or “us” or “our”) collects on newportfestivals.org, newportjazz.org, newportfolk.org, or any other authorized websites, mobile applications, other online services, tools or programs where this Policy appears, and in connection with our Programs (defined below) available through such means (collectively, the “Services”), how we use such information, and when we share it with third parties. This Policy applies only to information collected via the Services. We may combine the information we collect through the Services with information that we receive in other contexts, including information you provide or that we obtain over the phone, or via fax, in which case we will treat the combined information in accordance with this Policy.

This Policy is part of the Terms of Use (“Terms”) for the Services. Separate terms may apply instead of or in addition to the Terms in connection with certain/other programs and services offered by Newport Festivals Foundation (“Programs”). By using the Services, you agree to this Policy, the Terms, and/or any applicable Program terms. We may change or modify this Policy from time to time and will post the updated Policy with a “Last Updated” effective date of the revisions. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or use of the Services and/or participation in any of the Programs after this Policy has been changed or modified (see Last Updated date) signifies your acceptance of the updated Policy. As a result, you should frequently review this Policy and the Terms and Program terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Policy Terms and/or Program terms, do not use the Services.

Information We Collect

Newport Festivals Foundation collects both Personal Information (defined below) and Other Information (defined below) regarding users of the Services or relating to the Services, either directly or through the activities of third-party suppliers and service providers (“Suppliers”). For purposes of this Policy, “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person. “Other Information” is any information that is not Personal Information. We may combine Other Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information. The Personal Information that Newport Festivals Foundation collects may include:

• First and last name

• Address

• Email address

• Phone number

• Persistent online identifier (e.g. persistent cookie, IP address, MAC address)

• Social media identifiers

• Certain financial payment details for purchases or donations

• Internet/Network information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement

• Inquiry information, such as your questions/feedback to us or survey responses

For information about Other Information we collect, please see the section below “Sources of Our Collection,” as well as the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections of this Policy.

Sources of Our Collection

Newport Festivals Foundation collects Personal Information and Other Information from various sources that may include, for example, from:

• You Directly. Information you provide directly when you use or otherwise interact with the Services, complete a survey, contact us through our Contact form or otherwise, provide feedback and/or submissions, make a press inquiry, or submit information through the Services, in connection with a Program or otherwise.

• Your Browser or Device. Information collected automatically as a result of your interaction with us, our Suppliers and/or use of the Services, usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our application is used) or through our marketing activities (see the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections below).

• Third Parties. Information we collect about you from third parties in order to supplement our existing information about you. For example, your occupation, general geographic location, media and brand preferences, inferred interests, demographic information, purchase behavior, public online activities, and other information about you or your household.

• Publicly Available Sources. Information that is publicly available, for example information you submit to a blog, chat room or social media network like Facebook or Twitter.

• Otherwise in Accordance with our Agreements with You. Information as described elsewhere in this Policy, the Terms, and/or applicable Program terms, or at the time such information is collected.

We may combine the information we collect about you, and we may combine information we collect about you with information we collect from other sources, for example, our advertisements that you see. See the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections of this Policy.

How We Use the Information We Collect

Newport Festivals Foundation or our Suppliers may use Personal Information and Other Information in a number of ways, including:

• To Better Serve You. To help us better understand and serve our customers and those who donate.

• To Fulfill Your Orders. To fulfill your order either online or in person.

• To Provide You Our Services. To provide Services, Program and services functionality and to administer the Services, including to let you sign up for an account, provide you with Program benefits, verify your participation in a Program, process orders placed, track submissions, to keep records of our interactions, and to ensure your compliance with the applicable Program terms. Note that third-party information you provide may be maintained in connection with any information submission.

• To Contact You. To contact you by email, phone, text, push notice or other method regarding our products and services, including matters related to your account, your order, or other needs.

• To Provide You Information About Our Services. To provide you with, or otherwise respond to your submissions or requests for, information and/or services, including but not limited to providing e-newsletters, webcasts, text messages, push notices, marketing, and other programs; responding to Contact forms and other inquiries.

• To Send You Promotional Offerings. To send you promotional messages regarding new products or services, events that Newport Festivals Foundation sponsor, including but not limited to contests, sweepstakes and surveys, and special offers and marketing programs, which may include information about our affiliated company(ies), and/or other programs with which any of us or them are involved, and/or information about third party products, services, offers or programs.

• To Invite You to Participate in Surveys. Survey responses received by Newport Festivals Foundation may not be in an anonymous format and may be associated with your account or other Personal Information.

• To Provide You Location-Based Services. To provide location-based services to you or to engage in analysis, research, product development, and targeted marketing by email, push notification, online or in-app advertising, or otherwise based on your device’s geolocation (which may include specific longitude and latitude), your use of our Services, and Personal Information that we collect from you on the Services. See “Location” below for more information. If you do not want to share your specific longitude and latitude with Newport Festivals Foundation, you may adjust your location preferences on your computer, browser, or mobile device.

• To Enhance Our Services. To enhance our customers’ and Service users’ experiences on the Services or in a Program.

• To Protect Our Online Security and Our/Our Supplier’s Rights, Property and Interests. To monitor and protect the security of our computer systems and networks, and to protect Newport Festivals Foundation and our Supplier’s rights, property and interests.

• For Research Purposes. To conduct research and analysis and to otherwise measure the effectiveness of the Services, Programs and our online and offline marketing efforts, and to develop and implement products, services, and marketing programs. This may include the combination of Personal Information with Other Information as well as with Personal Information or Other Information acquired by us from online and offline sources.

• For Collaboration with Third Parties. To work with third parties to append data to our records or enable other parties to append Other Information to their records.

• For Marketing Purposes. To coordinate Program activities and communications with other communications and marketing programs conducted by us. For purposes of targeted or customized advertising or messaging to you, including as described in the “Third Party Analytics and Targeted Marketing” section below.

• To Prevent Fraud. To prevent, investigate, or provide notice of fraud or unlawful or criminal activity.

• To Comply with Legal Process and Our Legal Obligations. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• For Business Transactions. To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

• As Otherwise Provided in Our Agreements with You. As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.

How We Share Information with Third Parties

We may share your Personal and/or Other Information with third parties as described in this Policy and for our business purposes including:

• To Our Service Providers. To our Suppliers who are performing services for us, including, without limitation, companies that host our Services or information systems, deliver communications on our behalf or otherwise assist us with providing the Services and communications to you.

• To Businesses Providing Features through our Services. The Services may also contain a Facebook “like” button and/or a Twitter “follow” button. If you choose to use these features or other comment or sharing features provided through the Services, such action may disclose your Personal Information not just to third-party websites and services, but also to their users and the public more generally. The Services may also allow you to share portions of your account information with third parties (for example, in connection with your use of an electronic wallet) and will automatically share information about your use of our Services with third parties if you use third party services to interact with the Services (for example in connection with your use of third party voice assist or payment services).  See the “Third-Party Sites” section below.

• To Third-Party Internet Plug-Ins. To third parties that operate plug-ins on the Services (such as the Facebook “like” button and the Twitter “follow” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.

• To Third Parties in the Context of a Corporate Transaction. To third parties in the event of a proposed or actual merger, acquisition, bankruptcy, financing, sale, or other transfer of some or all of our business or assets.

• To Analytics Providers. To Suppliers and other third parties to engage in analysis, research, improvements to our products and services, and product development. These parties may use insights gathered from such information to improve their own products or services.

• To Law Enforcement and in Accordance with our Legal Rights and Obligations. Pursuant to judicial or governmental subpoenas, warrants, or other like orders, to cooperate with other requests from government or law enforcement, and in other ways necessary to comply with applicable law, as well as to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of third-party rights, situations involving potential threats to the physical safety of any person, or any other similar situation, or violations of the Terms and/or Program terms. We may also use and share Personal Information and Other Information to establish, protect, or exercise our legal rights or defend against legal claims. As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.

• To Third Parties at Your Request or Otherwise with Your Consent. To third parties at your direction or with your consent.

To learn about opting out of the sharing of your Personal Information, see the “Your Choices and Changing Your Information” section.

Usage Information

Like most websites, apps and other like services, the Services gather traffic patterns, usage information, and similar data. This usage data may identify you individually and we may associate it with Personal Information that we collect from you on the Services and related to any Program(s) you participate in and as otherwise described in this Policy. (See the “Information We Collect” and “How We Use the Information We Collect” sections of this Policy and any applicable individual Program terms for more details.) We may use this data in aggregated form or share aggregated statistics about visitors to the Services with others outside of Newport Festivals Foundation, and we may allow third parties to collect and aggregate Other Information through the Services and/or Supplier sites accessible from or through the Services.

Newport Festivals Foundation and/or our third-party Suppliers may use cookies, pixels and/or web beacons (described below), device identifiers such as IDFA for iOS or Advertising ID for Android, device location features or beacons, or other monitoring technology (“Tracking Technologies”), to enhance the browsing and usage experience on the Services and enable certain functionality related to our Services. The information captured about your activities on the Services will also make it possible for us, among other things: (i) to speed navigation and provide you with customized content; (ii) to remember information you gave to us so you do not have to re-enter it each time you access the Services; (iii) to target advertising as described in the “Third Party Analytics and Targeted Marketing” section below and monitor the effectiveness of certain of our marketing campaigns; (iv) to monitor total number of visitors, pages/websites viewed/attempted, the web address you came from, and type of browser you are using; and (v) to enforce limitations on downloads described for online coupons and other similar offers. For example, the Services may use Google Analytics and/or other third party services to help collect and analyze certain information for the purposes described in this Policy.

• “Cookies” are small files or records that are stored on your computer’s hard drive when you visit a website. To block cookies used on the Services, you can clear your browser(s) of all existing cookies and set your browser(s) to refuse cookies. The “help” functionality of your browser(s) will explain how to do this. If you refuse cookies, your experience on the Services, some Programs, and some of our online advertising may be affected — for example you may not be able to utilize all of the features on the Services.

• “Pixels” or “web beacons” are lines of code used by a website or third-party ad server to cause a cookie to track a user’s activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage or viewed a particular email, and to collect other information about that user on that site, including the IP address of the computer (and therefore infer information, such as geolocation (which may include specific longitude and latitude)), web pages being viewed, date/time viewed, and user activity on a particular page.

Third-Party Analytics and Targeted Marketing

Analytics

We partner with third-party Suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on Personal Information or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, your device’s geolocation (which may include specific longitude and latitude), and your activity on unaffiliated third-party sites, mobile apps, or other online services. Our Suppliers may use web logs or pixels, and/or they may set and access cookies or other Tracking Technologies on your computer or other device. For example, we may use Facebook, Google Analytics, Google Analytics Advertising Features and/or other third party services to help collect and analyze certain information for the purposes described in this Policy, including to evaluate our targeted marketing activities. Also see the “Targeted Marketing” section below. We may use this data in individual form, in a format that that does not, by itself, identify you individually and/or aggregated form, we may share information that does not, by itself, identify you individually and/or aggregated information and/or statistics with others outside of Newport Festivals Foundation, Newport Folk Festival and Newport Jazz Festival, and we may allow third parties to collect and aggregate Other Information in connection with the use of Tracking Technologies. Your Personal Information may also be used for analytics related to tracking your activities on the Services, for example, whether you participated in a Program, and which links within our Service you clicked on. You may opt out of the use of cookies by Google Analytics on websites as described at https://tools.google.com/dlpage/gaoptout.

Targeted Marketing

We and our Suppliers may implement and evaluate our marketing activities and programs, including to engage in targeted and personalized online advertising on the Services, on third-party websites, mobile apps, TV, or other online or offline services operated by third parties. This marketing may be targeted to you based on Personal Information or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, your device’s geolocation (which may include specific longitude and latitude), your activity on unaffiliated third-party sites, mobile apps, or other online services, other marketing activities and Programs, and/or from third parties with whom we work. We and our Suppliers, including Facebook, may use Tracking Technologies (as described under “Usage Information” above) to collect information for such marketing and evaluation purposes. We and our Suppliers may also identify whether our marketing activities and programs resulted in you engaging in other activities on our Services, our advertising and/or marketing, making purchases from us, making donations, or otherwise engaging with us.

Cross-Device Technologies

We and our Suppliers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and TVs) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation (which may include specific longitude and latitude)) may be combined with information collected from your other browsers or devices. For example, our Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.

Location

We and/or our Suppliers may collect the geolocation (which may include specific longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, using satellite, cell phone tower, WiFi signals, beacons, Bluetooth and/or near field communication protocols. We may use for marketing purposes by email, push notification, online or in-app advertising, or by other means, as described in “Targeted Marketing” above and/or as otherwise described in this Privacy Policy. See “Opt-Out Choices” below for information on how to opt-out of location collection. If you choose to opt-out of location collection, certain functionality of our Services may not be available to you.

Opt-Out Choices

You may opt out of certain of our or our Suppliers’ targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. Note that some Suppliers may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about Newport Festivals Foundation, Newport Folk Festival and Newport Jazz Festival.

• Web Browser Opt-Out. To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers, and the Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices.

• Mobile Application Opt-Out. To opt out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device. For example, to adjust your advertising preferences in iOS, visit the limit ad tracking settings within the Settings functionality of your mobile device; to adjust your advertising preferences in Android, visit the opt-out of interest-based ads settings within the Settings functionality of your mobile device. You can also use the settings within your device to opt out of or turn off push notifications.

• Location Opt-Out. If you do not want Newport Festivals Foundation to use your specific longitude and latitude information, you may adjust your location preferences on your computer, browser, or mobile device. You can also stop our collection of location information by uninstalling our mobile application from your device.

• Limiting the Sharing of Information. If you would like to request that Newport Festivals Foundation limit the use or sharing of your Personal Information for other targeted marketing purposes, please contact us by accessing our Contact form at https://newportfestivals.org/contact-us.

Children’s Privacy

The Services are not directed toward children under the age of 13, and we do not knowingly collect any Personal Information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use the Services with the permission of a parent or guardian. If a child under 13 has provided us with Personal Information, we ask that a parent or guardian contact us by accessing our Contact form at https://newportfestivals.org/contact-us, call us at 978-768-7664 or by writing Newport Festivals Foundation, P.O. Box 3865, Newport, RI 02840, so that we may promptly delete the child’s information from our records.

Security and Cross-Border Transfer of Your Information

Newport Festivals Foundation maintains reasonable physical, electronic, and procedural safeguards to protect your Personal Information. Unfortunately, we can’t guarantee that any safeguards or security measures will be sufficient to prevent a security problem. If you believe your account(s) have been compromised please immediately contact us by accessing our Contact form at https://newportfestivals.org/contact-us. Email submissions over the Internet may not be secure, so please do not include any sensitive or confidential information in your message to us.

Personal Information and Other Information may be transferred to and stored on computers and servers located in the United States and other countries located outside your country of residence. The laws of these countries may not offer a level of privacy protection for Personal Information as great as that offered in your country of residence. Further, Personal Information might be disclosed to governments or law enforcement agencies in these countries where required by law. By agreeing to this Policy, using the Services, and/or sharing your Personal Information with Newport Festivals Foundation, you consent to such transfer.

Your Choices and Changing Your Information

We provide you with the ability to review or change certain elements of your Personal Information and make certain choices about how we use or share Personal or Other Information. You may review, change, or exercise choice regarding certain of your Personal Information or Other Information as follows:

• To update, verify, or delete certain of your Personal Information, please contact us by accessing our Contact form at https://newportfestivals.org/contact-us.

• To opt out of certain analytics tracking, online advertising and third-party tracking, see the “Usage Information” and the “Analytics” and “Opt-Out Choices” subsections of the “Third Party Analytics and Targeted Marketing” section above.

• To stop sharing your specific longitude and latitude information with us, you may adjust your location preferences on your computer, browser, or mobile device.

• To request that Newport Festivals Foundation does not share your Personal Information with third parties for their own marketing purposes on a going-forward basis, please contact us by accessing our Contact form at https://newportfestivals.org/contact-us.

• To unsubscribe from marketing emails, click the “unsubscribe” link found in our marketing email messages.

In some cases this information may not be immediately updated, subject to retention for Program administration, dispute resolution, troubleshooting, and other legal or business reasons. Your historical usage information may remain in our records. Also see the “Usage Information” and “Analytics” and “Opt-Out Choices” sub section of the “Third Party Analytics and Targeted Marketing” section above for other limitations.

Third-Party Sites/Services

The Services may access or provide links to web sites or online services not operated by Newport Festivals Foundation, including our Supplier(s) related to certain Programs or services offered through the Services (such as interaction with voice assist services or other third party assisted ordering processes (e.g., Google, Facebook, Instagram)). We may also provide you with access to third-party functionality that allows you to post certain content from the Services to your social media account(s). Any information that you provide that interacts with the Third Party service or that you post to a third-party site or service is governed by the applicable third party’s terms and privacy policy. Newport Festivals Foundation assumes no responsibility for third-party services or websites, including but not limited to, the privacy practices of these third-party sites. We encourage you to be aware of this when you leave the Services and/or share information with third parties or the public, and we recommend that you review the privacy policies of such third-party sites.

For More Information

If you have any questions regarding this Policy, please contact us by calling 978-768-7664, by using our Contact form or by writing Newport Festivals Foundation, P.O. Box 3865, Newport, RI 02840.