Jazz at Lincoln Center Privacy Policy

Effective Date: September 20, 2023

This Privacy Policy (the “Policy”) describes the privacy practices of Jazz at Lincoln Center, Inc. (collectively “JALC,” “we,” “us,” and “our”) in connection with personal information we collect online (e.g., through our websites and mobile apps), and offline (e.g., at our concerts, programs, and events) (collectively, the “Services”). This Privacy Policy explains the types of personal information we collect, how we may use and share the information, and the privacy choices and rights that you may have with respect to our handling of personal information about you and how you can contact us if you have any questions, requests, or concerns.  PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION.  BY USING THE SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THE PRIVACY POLICY AND THAT WE WILL COLLECT, USE AND SHARE YOUR INFORMATION AS SET FORTH BELOW.

For more information about our privacy practices for the Jazz Live streaming application, please review our Jazz Live Privacy Policy.  Click on the links below to jump to the different sections of our Privacy Policy:

Personal Data We Collect
Types of Information We Collect
How We Collect Information
Information Collected from Other Sources
Information We Collect By Automated Means
Cookies and Similar Technologies
How We Use Your Information
Special Categories of Personal Data
How We Disclose Personal Data  
Children’s Information
Your Rights and Choices 
Marketing
Links to Other Websites and Third Party Content
International Data Transfers
For EEA and EU Residents
How We Protect Information
Retention
Changes to Our Privacy Policy
Contact Us

Personal Data We Collect

In this Policy, “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier.

Types of Information We Collect

The Personal Data we collect about you depends on the particular products and services we provide to you. We may collect and use the following Personal Data:

  • Contact information, such as name, email address, postal address, and phone number.
  • Demographic information, such as date of birth, gender, and zip code.
  • Content you make available through social media accounts, including comments on any of our forums.
  • Transactional and billing information, such as credit card details and billing address, purchase history, delivery address, meal preferences and personal details of any of your guests.  Note that we use third party payment processors to facilitate your payments and do not store your payment card information.
  • Membership information, including any information you submit in connection with your member profile, including an account user name and password.
  • Research and feedback, including comments that you send us through online forms and social media platforms, by email, over the phone, by mail, or in surveys.
  • Information you include on a rental space application or on an application to enroll in one of our programs.
  • Audio and video information (e.g., audio capture of our audiences or security video footage if you visit one of our facilities).

If you submit any Personal Data relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We Collect Information

We may collect Personal Data from various sources, including:

Information Provided by You

You directly provide JALC with some of the Personal Data we collect – in person, by telephone, text, email, or our website. We collect and process Personal Data from the following sources:

  • When you become a member, we collect information such as your name and contact details, demographic information, such as date of birth, gender and zip code, information related to your interests, and other information you submit in connection with your membership profile.
  • Communications. When you contact us via a contact form, email, or other means, you provide us with Personal Data, such as your name and contact details, and the content, date, and time of our communications.
  • Employment. If you apply for a job with us, you may provide us with your resume, name, contact details, and any other relevant information.
  • Support Information. When you request technical support services, we will process your Personal Data such as your name and the contact details you use to contact us, as well as information on the reasons for your support request, and any additional information you may provide in that context.
  • Payment and Billing Information. We collect information necessary to process payments you make through the Services, such as tickets to our events or donations. We do not store payment card data on our systems.
  • Program and Rental Space Applications. We also collect information from you from rental space applications and applications to enroll in JALC programs, such as name, title, and contract details.
  • Comments. We may offer the ability to provide comments or post messages in a forum.  Any posts you make will be publicly available.
  • Other Information. You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

Information Collected from Other Sources

We may also receive your data indirectly from the following sources:

  • Third Party Organizers. We may obtain Personal Data about you from third parties who organize events or programs at our facilities or who we partner with to facilitate such programs and events.
  • Information from Public and Commercial Sources. We may obtain Personal Data about you from third parties such as sweepstakes partners, consumer data resellers, content partners, marketers or analytics providers.
  • Vendors and Sponsors. We may obtain Personal Data about you from vendors, including advertisers, and sponsors of our events.
  • Social Media Companies. If you interact with us through social media services, or log in using social media credentials, depending on your social media settings, we may obtain Personal Data from that social network.

From time to time, we combine the Personal Data we collect about you with information from other sources.

Information We Collect By Automated Means

  • Social Media. We may collect Personal Data via social media tools, widgets, or plug-ins to connect you to your social media accounts. These features may allow you to sign in through your social media account, share a link, or post directly to your social media account. When you visit a website that contains such tools or plugins, the social media or other service provider may learn of your visit. Your interactions with these tools are governed by the privacy policies of the corresponding social media platforms.
  • Website and Cookies. We may collect Personal Data to analyze how people use our website and to improve our website offerings. We may also collect Personal Data via cookies and similar technologies. For more information on our use of cookies, please see our “Cookie and Similar Technologies” section below.
  • Cookies and Similar Technologies.  We, our service providers, and other third parties  may also collect certain information about the use of our websites by automated means, such as cookies, web beacons and other technologies.

 

A “cookie” is a text file that websites send to a visitor’s computer or other internet- connected device to uniquely identify the visitor’s browser or to store information settings in the browser. A “web beacon,” or pixel tag or clear GIF, is used to transmit information back to a web server.

The information that may be collected by automated means includes:

  • URLs that refer users to our websites
  • Search terms used to reach our websites
  • Details about the devices that are used to access our websites (such as IP address, browser type and language, platform type and device type, advertising and app identifiers, and operating system information)
  • Details about users’ interaction with our websites (such as the date, time, frequency, and length of visits, specific content and pages accessed and buttons clicked during the visits, and information provided by you, including email addresses)
  • Other information, including your viewing activity, location information, your Internet service provider (ISP), referring/exit pages, and related metadata

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. For more information on how to disable cookies, please visit your internet browser’s “help” menu or you can visit http://www.aboutcookies.org/how-to-control-cookies. Please note that not all tracking will stop even if you delete cookies.

Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.

How We Use Your Information

Under certain data protection laws, we can only use certain Personal Data if we have an appropriate reason for doing so. The laws of some jurisdictions, such as the European Union, the United Kingdom, or Brazil, require companies to tell you about the legal basis for using, sharing, or disclosing your information.  We rely on various legal bases to process your Personal Data, including:

  • Consent. You may have consented to the use of your Personal Data, for example to send you electronic marketing communications or for the use of certain cookies. Consent can be withdrawn at any time. This will not affect the lawfulness of the processing before you withdrew your consent.
  • Contract. We need your Personal Data to provide you with our Services under a contract (e.g., the relevant Terms of Service), to complete your requested transactions, and to respond to your inquiries.
  • Legal. We may also process your Personal Data when necessary to protect your or another individual’s vital interests. We may use your Personal Data as reasonably necessary to assess and ensure compliance with applicable laws (for example, anti-bribery and corruption laws, anti-money laundering laws), legal requirements, and company policies; to protect our assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.
  • Legitimate Interest. We or a third party have a legitimate interest in using your Personal Data, such as preventing fraud or promoting our events and programs. Examples of such legitimate interests include improving our Services and developing new ones, recognizing and better understanding our users, conducting compliance and risk-management activities, and providing and managing access to our systems. We only rely on this legal basis when such legitimate interests are not overridden by your interests or your fundamental rights and freedoms.

We use the Personal Data we collect for the following purposes:

  • Providing Services, including to operate, maintain, support, and provide our Services. This may include but is not limited to:
  • Managing ticket sales and group reservations
  • Fulfill, manage and send you information about your orders
  • Offer and administer promotions, sweepstakes, and other contests
  • Provide and manage memberships
  • Collect and process donations
  • Offer educational and public programs
  • Registering for events
  • Provide customer support for you

The legal basis for this processing is our legitimate interest in operating our organization and the performance of a contract with you or to take steps at your request before entering into a contract.

  • Communicating with You, including to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions) or to send you marketing communications, including updates on events, programs, and other offerings, and newsletters, articles, announcements, invitations and other information about concerts, programs, classes and events, and other information relating to services or benefits offered by us that may be of interest to you. The legal basis for this processing is our legitimate interest in communications and promoting our organization with our members, patrons, and participants, and the performance of a contract or to take steps at your request before entering into a contract.
  • Personalization, including to customize our website and Services to you and provide you with the most relevant marketing and advertising materials. The legal basis for this processing is our legitimate interest in customizing our Services and promoting our organization with existing and former members, patrons, and participants and the performance of a contract or to take steps at your request before entering into a contract.
  • Processing Applications, including soliciting, collecting, and reviewing applications to assess your qualifications and experience in contemplation of potential employment, participation in our programs, and rental space leasing. Our legal basis for this processing is the performance of a contract or to take steps at your request before entering into a contract and your consent, where applicable.
  • Analytics and Product Development, including to analyze usage trends and preferences in order to improve our Services, our communications and strategies, and to develop new products, services, and features. The legal basis for this processing is our legitimate interest in improving our Services or your consent, where applicable.
  • Relationship Management, including to track emails, phone calls, and other actions you have taken as our member, patron, participant or vendor. The legal basis for this processing is our legitimate interests in maintaining relationships with our members, patrons, and participants and performance of a contract or to take steps at your request before entering into a contract.
  • Administrative and Legal, such as to address administrative issues or to defend our legal rights, collect debts and to comply with our legal obligations and internal policies as permitted by law or to protect your vital interests or the vital interests of another natural person. The legal basis for this processing is our legitimate interest in the protection and assertion of our legal rights and those of a third party and our legal and regulatory obligations.
  • We may process your Personal Data for securing our environment and the Personal Data we process and to protect against, identify, respond to, and prevent fraudulent and illegal activity. The legal basis for this processing is to comply with our legal and regulatory obligations and our legitimate interest in ensuring the security of our environment and in minimizing fraud that could be damaging for you and us.
  • For other purposes where you have given consent.

Special Categories of Personal Data

Certain Personal Data we collect is treated as a special category to which additional protections apply under data protection law:

Where we process special category Personal Data, we will also ensure we are permitted to do so under data protection laws, such as:

  • We have your explicit consent;
  • The processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
  • The processing is necessary to establish, exercise, or defend legal claims.

We may disclose Personal Data about you in the following circumstances:

  • Group Entities and Partners. We may disclose Personal Data about you to our affiliates and subsidiaries and other constituents within Lincoln Center, including for marketing purposes. We may disclose Personal Data to organizations we partner with to co-host events and programs for the purpose of facilitating such events and programs.
  • Public Posts. Any information that you voluntarily choose to post to a publicly accessible area of our Services will be available to anyone who has access to that content. If you comment on a video or participate in a forum, your content will be shared publicly.
  • Service Providers. We work with service providers that perform services on our behalf or others with whom we may collaborate (such as marketing organizations, payment processors, analytics organizations, technology providers, customer management software providers, and other third parties with whom we jointly develop or offer programs or events). These third parties may have access to or process your Personal Data as part of providing those services to us.
  • Legal. We may also disclose Personal Data to comply with a legal or regulatory obligation, such as a search warrant, subpoena, court order or similar request from law enforcement or other government agency or regulatory body, to protect and defend our rights or property, to protect the safety of our visitors and website users or the public, to comply with our legal and regulatory obligations, or to protect against legal liability.
  • Sale or Transfer. Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our organization or assets. If we engage in such a sale or transfer, we will – where required by applicable law – make reasonable efforts to direct the recipient to use your Personal Data in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your Personal Data.
  • Third Parties Approved by You. We may share Personal Data with social media sites you choose to link to your account.
  • Aggregated Information. We may use and disclose aggregated or otherwise anonymized information for any purpose, unless we are prohibited from doing so under applicable law.

We only allow our service providers to handle your Personal Data if we are satisfied they take appropriate measures to protect your Personal Data. We also impose contractual obligations on service providers relating to ensure they can only use your Personal Data to provide services to us and to you. We may also share Personal Data with external auditors, e.g. in relation to security accreditations or audits of our accounts.

Children’s Information

Our Services are not intended for use by children under the age of 18 without consent from a parent or guardian.  If a parent or guardian becomes aware that her or his child has provided JALC with Personal Data, she or he should contact JALC as described below. JALC will take steps to delete such information from our database in accordance with applicable legal requirements.

We do collect Personal Data from children in limited circumstances, such as for our Middle School Jazz Academy and Jazz for Young People. However, when we collect Personal Data of children, we only do so with explicit consent of the child’s parent or guardian.

We reserve the right to verify the parent or guardian’s identity prior to processing the Personal Data of a child.

Marketing

We (or our service providers and advertising partners) may send you direct marketing communications and information about our products and services that we consider may be of interest to you.

You have the right to opt out of receiving promotional communications at any time by:

  • Contacting us at [contact details for marketing opt-out]; and
  • Using the “unsubscribe” link in emails or “STOP” number in texts.

However, if you opt out of receiving such communications, we retain the right to send you non- marketing communications (such as information about your purchase or changes to our Privacy Policy). We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or Services in the future, or if there are changes in the law, regulation, or the structure of our business.

We will always treat your Personal Data with the utmost respect and never sell your Personal Data.

Your Rights and Privacy Choices

Depending on where you live, you may have certain rights with respect to your Personal Data.  You have the right not to be discriminated against (as provided for in applicable law) for exercising your rights under some local laws such as in California.  For example, under certain local laws, including in the European Union, and subject to any limitations in such law, you have the following rights:

  • Access. You may ask us to provide you with a copy of the Personal Data we maintain about you, including a machine-readable copy of the Personal Data that you have directly provided to us, and request certain information about its processing.
  • Rectification. You may ask us to update and correct inaccuracies in your Personal Data. You also may ask us to complete information you believe is incomplete.
  • Erasure. You may ask to have your Personal Data anonymized or deleted, under certain conditions.
  • Restrict Processing. You may request that JALC restrict the processing of your Personal Data, under certain conditions.
  • Object to Processing. You may object to JALC’s processing of your Personal Data, under certain conditions.
  • Data Portability. You may request that JALC transfer the data that we have collected to another organization, or directly to you, under certain conditions.
  • Consent Withdrawal. You may withdraw any consent you previously provided to us regarding the processing of your Personal Data at any time and free of charge. We will apply your preferences going forward. This will not affect the lawfulness of the processing before you withdrew your consent.
  • Right Not to Be Subject to Automated Individual Decision-Making. You have the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

If you would like to exercise any of these rights, please contact us at privacy@jazz.org or using the contact details at the end of this Policy.  We will respond within the time period prescribed by applicable law.  Please note that many of the above rights are subject to exceptions and limitations.  Your actual rights and our responsibilities and responses will vary based on your state or country of residence.  Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request.  In such a case, your request may not be fulfilled.  If you have any unresolved concerns, you may have the right to complain to your data protection authority.

Some of the Services can only be provided if we have certain of your Personal Data; therefore deletion of such Personal Data will result in termination of the Services.

Please provide enough information to identify yourself, including your full name and address and any additional identity information we may reasonably request from you and let us know what right you want to exercise and the information to which your request relates. We reserve the right to take steps to verify your identity in connection with any requests regarding Personal Data, including authenticating you through the email address, and we may require further documentation such as a password and user ID before granting access to your Personal Data.  This helps to ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information.

Please note that we often need to retain certain data for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or reservation, or enter a promotion, you may not be able to change or delete the Personal Data provided until after the completion of such purchase, event, or promotion). There may also be residual data that will remain within our databases and other records, which will not be removed. In addition, there may be certain data that we may need to retain and/or not allow you to review for legal, security or other reasons.

Privacy Choices:  Do Not Sell or Share or Process My Personal Data for Targeted Advertising (California, Colorado, Connecticut, Utah and Virginia Residents only)

California, Colorado, Connecticut, Utah and Virginia residents may opt out of the “sale” of their Personal Data.  Such residents may also opt out of the sharing or processing of their Personal Data for targeted advertising.  We provide third parties such as advertisers and advertising networks (including social media networks) information including identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; hashed identifiers [contact information], geolocation information, such as city and/or state; and inference data in order to enable marketing to you and delivery of targeted advertising on our websites.  Advertising, including targeted advertising, enables us to provide you certain content for free and provide relevant offers to you.  The disclosure of such Personal Data listed above to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law and is sharing Personal Data and the processing of Personal Data for targeted advertising purposes.  If you or (in certain states where required by law) your authorized agent would like to opt out of our use or disclosure of your information for such purposes (to the extent it may be considered a sale, share or targeted advertising), you may do so on our websites.  You may still receive advertising, including personalized ads based on Personal Data on the Services.  Please note that if you use different browsers, devices or services you will need to make your elections separately.  In some cases, you may also be presented with form fields to complete – in those cases we ask for your email address or other information so that we may add it to an appropriate suppression list.  In other cases, you will be directed to this page where we provide additional information and options for you to learn more about your choices and how to opt-out from interest-based advertising more broadly.

Please note that if we do not detect that you are in California, Colorado, Connecticut, Utah or Virginia, the opt-out of sale or sharing/processing for targeted advertising data choices may not apply even if you take the actions described above.

Incentive Programs (California Residents Only)

The Services may offer opportunities to receive certain services or benefits such as discounts or free or extended services, which may require the provision of Personal Data.  Such opportunities could be considered a financial incentive under applicable law (each, an “Incentive Program”).  When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation depending on the Incentive Program (e.g., by opting out of e-mails or terminating a streaming service).  To the extent we can determine the value of your information, we consider the value of providing you with a more personalized experience as well as the expenses we incur in providing Incentive Programs that are reasonably related to the costs associated with offering the Incentives.

Third Parties List – Shine the Light (California Residents Only)

California residents can also request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes.  California residents may contact us at 3 Columbus Circle, 12th Floor, New York, NY 10019, Attention:  Legal Department.  In the body of your request, you must include:  “California Shine the Light Request”, your name, a current California address including street address, city, state and zip code, as well as sufficient information for us to determine if the law applies to you.  You will need to attest to the fact that you are a California resident.  We will not accept requests by telephone, email, or fax, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Nevada Residents

JALC does not engage in the following activity, however Nevada law requires us to post the following:  certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information.  “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.  If you are a Nevada resident who has purchased goods or services from JALC, you may submit a request to opt out of any potential future sales under Nevada law by contacting us in accordance with the law.  We will maintain your request in the event our practices change.

Links to Other Websites and Third Party Content

We may provide links to other websites, services, and applications that are not operated or controlled by us (the “Third Party Services”). This Privacy Policy does not apply to the Third Party Services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third Party Services. We encourage you to review and understand the privacy practices of any Third Party Services before providing any information to or through them. Your interactions with these features are governed by the privacy policy of the Third Party Service that provides the feature.

International Data Transfers

We may transfer your Personal Data for processing in countries other than the country in which you initially provided the information for the purposes described in this Privacy Policy. For example, if you are located outside of the United States, we typically transfer and process all Personal Data in the United States, where JALC is headquartered. The countries to which we transfer Personal Data may not guarantee the same level of protection for Personal Data as the one in which you reside. By using the Services, you consent to the transfer of your information to the United States.

For EEA and EU Residents:

To provide the Services, we may transfer your Personal Data outside of the country in which it was collected and where the level of protection of Personal Data may be different than in your country. Personal Data may be transferred to United States of America, [other countries if applicable], and countries in the European Economic Area (“EEA”). If we do so, we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision, on contractual protections for the transfer of your Personal Data, or on another approved derogation for a specific situation, such as your explicit consent. For more information about how we transfer Personal Data internationally, or to obtain a copy of the safeguards we use for such transfers, please contact us as specified below.

How We Protect Information

We maintain reasonable administrative, technical and physical safeguards designed to protect the Personal Data we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We limit access to your Personal Data to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Despite these efforts, however, no organization, including JALC, can fully eliminate risks or guarantee the security of Personal Data. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time, and we bear no liability for uses or disclosures of Personal Data or other data arising in connection with theft of the information or other malicious actions.

Retention

We will keep your Personal Data while we are providing the Services to you. Thereafter, we will keep your Personal Data for as long as it necessary to respond to any questions, complaints or claims made by you or on your behalf, to show that we treated you fairly, or to keep records required by law.

We take measures to delete or anonymize your Personal Data when it is no longer necessary for the purposes for which we process it, unless we are required by law to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods, and applicable statutes of limitations. Once the retention period has expired, we will delete or anonymize your Personal Data. We may retain aggregated or de-identified information indefinitely.

Changes to Our Privacy Policy

We may at any time in our sole discretion revise or update this Privacy Policy. We will post any changes on this page and indicate at the top of this page the date this Privacy Policy was last revised. You may read a current, effective copy of this Privacy Policy at any time by visiting this page. We will follow applicable laws and regulations regarding notification of such changes.

How to Contact the Appropriate Authority

We hope that we can resolve any query or concern you raise about our use of your Personal Data. If you are an EEA or EU resident and wish to report a complaint or if you feel that JALC has not addressed your concern in a satisfactory manner, you have the right under the GDPR to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where you believe an incident took place.

The EU Commission has a list of supervisory authorities here:  http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Contact Us

JALC is based in New York, New York and is the data controller responsible for your Personal Data.

If you have any questions, requests or complaints regarding this Privacy Policy or if you would like to exercise your rights with respect to your Personal Data, please contact us at privacy@jazz.org or 3 Columbus Circle, 12th Floor, New York, New York 10019.

In addition, you may contact our Data Protection Officer at legal@jazz.org.