Privacy

 

Last updated on October 31, 2023

 

PRIVACY NOTICE

 

This Privacy Notice describes the personal information that The Merch Collective, Incorporated (“TMC”, “we”, “us”, “our”) collects when you interact with us through all of our websites, including any subdomains, that display or link to this notice, mobile applications, other digital products or offline services (collectively, the “Services”), how we use it, with whom we share it, how long we retain it, and your choices in connection with this.

 

APPLICABILITY OF PRIVACY NOTICE

 

In this notice, when the term “TMC” is used, it refers to any and all of these entities. This privacy notice does not apply to any content posted by bands under their individual online monikers/tags.

 

COLLECTION AND USE OF YOUR PERSONAL INFORMATION

 

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you engage with our Services. Specifically, we collect personal information directly from you, automatically as you engage with our websites or mobile applications, and from third-party sources as described below. 

 

 

We collect personal information directly from you when you:

 

 

 

 

 

TMC may also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

 

We may receive personal information about you when you:

 

 

(C)  Information Collected Automatically

 

In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Services via “cookies.” This includes the following internet or other electronic network activity information:

 

 

 

 

To see a list of all cookies we use and to control your cookie preferences, please follow the instructions in the Your Information Choices section. Particular third-party cookies on our Services to note include:

 

 

 

 

HOW WE SHARE YOUR PERSONAL INFORMATION

 

General Sharing

 

TMC may need to make the personal information identified in this Privacy Notice available within TMC’s corporate family, with bands, with service providers, or with other third parties as set forth below. 

 

Within TMC Corporate Family. We may share your personal information with TMC’s subsidiaries and affiliates for legitimate business purposes, general business management, and as permitted by law. We may also share your personal information with TMC’s subsidiaries and affiliates for marketing purposes. If you are a California resident and wish to opt out, please follow the instructions in the Your Information Choices section.

 

With Service Providers.  We may share your personal information with our service providers that assist us in providing the Services. These service providers include our payment processors, fulfillment provider, communications vendors, website providers, marketing providers, shipping providers, and ecommerce platform providers.

 

With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies in order to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.

 

With Bands and Venues. We may share your personal identifiers (e.g., name, email address, zip code) with the Bands for who you purchased merchandise for marketing purpose. If you are a California resident and wish to opt out of this sharing, please follow the instructions in the Your Information Choices section.

 

In the Event of a Corporate Reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.

With Your Consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.

Sharing in the Last Twelve (12) Months

For a Business Purpose. In the preceding twelve (12) months, TMC has disclosed the following categories of personal information for a business purpose to the following categories of third parties:

For a Sale or Sharing.

 

 

 

YOUR INFORMATION CHOICES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CALIFORNIA RESIDENTS

 

The California Consumer Privacy Act (CCPA) entitles California residents to certain rights. To the extent that the CCPA applies to our processing of your personal information, you would be entitled to the following rights:

 

 

 

 

 

To exercise your right to access or delete your personal information, to limit the use of your sensitive personal information, or to opt out of the sale or sharing of your personal information, you may send us an email at legal@themerchcollective.com, subject “California Privacy Request.” To opt out of the sale of your personal information via cookies, please follow the instructions in the Your Information Choices section. To opt out of the sale of your personal information for marketing purposes, please follow the instructions in the Your Information Choices section.

For requests submitted email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. This information includes: name, email address, and zip code. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

You may also opt out of the sale or sharing of your personal information, effective January 1, 2023, by utilizing the universal opt out preference signal to instruct us to not sell or share any of your personal information collected online. The opt out preference signal will apply to the device and browser in which you utilize it. You can utilize the opt out preference signal by visiting the Do Not Sell My Personal Information page.

Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.

 

NEVADA RESIDENTS

 

If you are a consumer in the State of Nevada, you may request to opt out of the current or future sale of certain of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. If you have any questions regarding our data collection practices or would like to opt out of the future sale of your personal information, please contact us by email at legal@themerchcollective.com.

 

EUROPEAN UNION RESIDENTS

 

TMC does not market its Services to residents in the EU, nor does the TMC have employees or operate a business within the EU. However, if you are using our Services and are a resident of the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). If our processing of your personal information is subject to the GDPR, you may be entitled to the following rights:

 

 

 

 

 

 

 

 

To exercise these rights, please contact us at legal@themerchcollective.com.

 

DO NOT TRACK

 

Other than the universal opt out preference signal for California residents (as described above), we do not respond to Do Not Track (DNT) requests. Do Not Track is a preference you can set in your web browser to inform Website and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

INFORMATION SECURITY

 

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

 

CHILDREN’S PRIVACY

 

The Services are not intended for individuals under the age of thirteen (13). If we learn that we have collected or received personal information from individuals under the age of thirteen (13), we will delete the personal information. If you believe we have personal information on individuals under the age of thirteen (13), please contact us at the contact information provided below.

 

CHANGES TO THIS PRIVACY NOTICE

 

This Privacy Notice is subject to change. When we make changes, we will post the new Privacy Notice on this page, and we will indicate the date the changes go into effect. We encourage you to review this page frequently and review the Privacy Notice for any changes. If we make changes that materially affect your privacy rights, we will announce those changes by email notification to you. If you keep using the Services after we notify you, we will take this to mean that you accept the change for any new data we collect. If required by law, we will ask you to consent to these changes. In any event, the changes will not apply to previously collected personal information unless we get an active acknowledgement of your acceptance.

 

CONTACT US

 

If you have any questions or concerns on this Privacy Notice, please contact us by email at legal@themerchcollective.com.