RF/ Miami Beach Bandshell Management Privacy Policy

1. Introduction
This document details the Privacy Policy to which The Rhythm Foundation Inc. and its affiliates and subsidiaries including Miami Beach Bandshell Mgmt, hereinafter referred to as “MBB”, “we” or “our”, follows in the collection, use, and disclosure of information provided by any party, hereinafter referred to as “Users” or “you”, utilizing MBB online services, websites, widgets, and applications (collectively, our “Services”). Your privacy is important to MBB and we strive to protect the personal and confidential data of our Users.

2. Disclaimer
MBB uses industry standard information security practices to safeguard sensitive information collected from and on behalf of Users. MBB reviews and updates these practices from time-to-time to reflect new and emerging standards to assure appropriate data security. Unfortunately, despite best efforts, the transmission of information via the internet is not completely secure. Accordingly, MBB cannot guarantee the security of your personal information transmitted to our website, widgets or applications. Any transmission of personal information to MBB is at your own risk and MBB is not responsible for circumvention of any privacy settings or security measures associated with our Services.

3. Consent
By using the Services, you consent to the collection, use, processing, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. From time to time, our Privacy Policy may change and shall be effective upon publication of any revised versions on our website (www.miamibeachbandshell.com). MBB encourages Users to periodically review the latest revisions to our privacy practices. By continuing to access or use the Services, Users agree to be bound by the most current revised Privacy Policy.

4. Applicability
You authorize MBB to use your data in, and as a result to transfer it to and store it in, the United States, and any other country where we operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.

5. Types of Data
Data that we collect may include, but not be limited to, contact name, address, phone number, and email address; information about products and Services ordered or provided; payment information, passwords, and information collected through Internet-based and e-commerce activities, images, and other transaction-related data. We distinguish between the following types of data: (i) Personally Identifiable Data and (ii) Non-Personally Identifiable Data (collectively referred to as “Data”). We may collect, store and/or handle one or more of the stated types of data according to the program, product or Service you choose (to access or participate in). We may also share certain aggregated or otherwise de-identified data after we have removed any private Personally Identifiable Data (such as your name or email address). The amount of information you provide is completely voluntary; however, providing less information might limit your ability to access all of the MBB site’s features.

5.1 Personally Identifiable Data
5.1.1 Definition
For the purpose of this Policy, MBB defines Personally Identifiable Data as all information that can be used to identify you, such as your first and last name, your address, your phone number and/or your email address. By using the MBB Site, Users consent to MBB using information in connection with other activities, services, features and resources.

5.1.2 Ownership and License
Your Personally Identifiable Data belongs to you, and you retain, at all times, complete ownership of all Personal Identifiable Data collected during your use of MBB Services. We will retain your Personally Identifiable Data for as long as your account is active or as needed to provide you Services. We will retain and use your Personal Identifiable Information as reasonably necessary to conduct our business, comply with our legal obligations, resolve disputes, and enforce our agreements. As you are the owner of your Personally Identifiable Data, at any time, you may request MBB to deactivate your account by following the process in Section 5.1.3 below, and we will delete your Personally Identifiable Data.

5.1.3 Storage and Protection
We will store your Personally Identifiable Data securely using security methods that are current industry standard for the protection of Personally Identifiable Information. You may update, access, delete inaccuracies, or correct certain Personally Identifiable Data by contacting us at info@rhythmfoundation.com. You should also contact info@rhythmfoundation.com to deactivate your account and request deletion of your Personally Identifiable Data from our servers, although such request may impact our ability to continue performing purchased Services on your behalf. We will respond to your requests within 60 days.

5.2 Non-Personally Identifiable Data
5.2.1 Definition
For the purpose of this Policy, MBB defines Non-Personally Identifiable Data as information that enables MBB to track site, service and application usage such as access date and time, the specific application service used, frequency and duration of access, and other users contacted or collaborated with via MBB, as well as troubleshoot and improve the MBB site functionality. This information will be used to recognize repeat information, estimate usage patterns, analyze bounce rate, pages per visit, search engine referrals, etc. We may link this automatically collected data to other information we collect about you. The technology used to collect this information will include but not be limited to Google Analytics, Facebook Pixel, and HTTP cookies. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online Services (behavioral tracking). See the Do Not Track Disclosure, Section 5.2.6, for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

5.2.2 Collection
We collect Non-Personally Identifiable Data from all Users.

5.2.3 Storage and Protection
MBB will store your Non-Personally Identifiable Data in the United States, or in any other country outside of the United States, using security methods that are current industry standards for the protection of Non-Personally Identifiable Information and in compliance with the proper laws of governance within the United States.

5.2.4 California Privacy Rights
Under California law, Users who are California residents may request certain information regarding the types of information shared by MBB with third parties for marketing purposes and the identities of those third parties. If you are a California resident, you may make such a request by sending an email to info@miamibeachbandshell.com with “California Privacy Information Request” on the subject line and in the body of your message.

5.2.5 Non-U.S. Users
If you are User located outside of the United States, your information may be transferred to, processed and maintained on servers or databases located in the United States or elsewhere outside of the country where from which you access the Services online. Your use of the Services and/or providing of user identifiable information via the Services represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not access or use the Services. The European Commission and/or other geopolitical regions have determined the United States may not subscribe the same legislative standards for data protection that may be applicable in your country, province, territory or geopolitical region. Your use of the Services and/or providing of user identifiable information via the Services represents your consent and agreement to our use of your information in accordance with our privacy practices, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

5.2.6 Do Not Track Disclosure
We support the Do Not Track browser setting. Do Not Track (DNT) is a preference you can set in your browser to let the website you visit know that you do not want them collecting certain Data about you.

6. Data stored on local devices
By using our Services, some or all of your Personally Identifiable Data may be stored on your local device, depending on the device you are using (for example your smartphone, tablet or computer), and/or uploaded to our cloud servers. As you handle the data on your local device, we urge you to take measures to protect your Personally Identifiable Data. One possibility might be to save the Personally Identifiable Data via application password. We also recommend additional protection such as local data encryption, optionally chosen by the user (offered on both Google® Android(™) and Apple® iOS(™) devices). Alternatively, you can also delete your locally stored Personally Identifiable Data.

7. Situations requiring the disclosure of data to third parties
As a general policy, we use personal information and message data for internal purposes only. We do not sell or rent information about you. We will not disclose personal information or message data to third parties without your consent, except as explained in this Privacy Policy. MBB may disclose Data to business partners, as appropriate, in connection with a legitimate business need in the United States, or other countries. In addition, MBB discloses Data to service providers as needed for such service providers to perform services on behalf of MBB. Service providers may not use Data for other purposes. We share your payment information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards. Special situations may require the Data to be disclosed to: (1) conform to existing law or comply with legal process served on MBB, (2) protect and defend the rights or property of MBB, or (3) in urgent circumstances, to protect the personal safety of users of MBB, MBB Services or the public.

8. Ethical aspect
RF will act in a socially responsible manner when collecting, storing, processing, transferring, disclosing and/or using any Data from you.

9. Product information
Subject to conformity with applicable law, we may send you product or service-related information, and/or invitations to participate in surveys, research programs, etc. We recommend reading any notice belonging to such communication before you consent to participate.

10. Maintenance related Announcements
We will send you maintenance related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

11. Our Policy Towards Underage Persons
Our Services are not directed to persons under 18. We do not knowingly collect personal information from persons under 21. If we become aware that a person under 18 has provided us with data, we take steps to remove such information and terminate that person’s account. MBB encourages minors to seek the consent of their parents before providing any information about themselves or their households to anyone on the Internet and encourages parents to take an active role to protect the privacy and security of their children.

12. Links to Other Sites
If you click on a link to a third party site, you will leave the MBB website and be redirected to the third party site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your Data by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as MBB. We encourage you to review the privacy policies of any other service provider from whom you request services or view.

13. Contact
If you have any thoughts or questions about this Privacy Policy, please contact us at: info@miamibeachbandshell.com.
Updated January 2024