Privacy Policy

Last updated: 14 March, 2020

Policy Effective as of January 27, 2020

Collectiv MX LLC, a California limited liability company and its subsidiaries and affiliates (including without limitation Collectiv PBB, LLC) (collectively “us,” “we,”or “Company”) is committed to respecting the privacy rights of its customers, visitors and other users (“you”) of the Company website www.bajabeachfest.com and any of the Company owned and/or controlled, mobile sites, applications and their  subdomains and subpages (collectively, the “Site”). The Site’s privacy policy (“Privacy Policy”) is only applicable to how we collect and use Personal Information (“PI”) on  Site and any services rendered by the Company through the Site, including but not limited to, sale of tickets to our event(s) (“Event(s)”), promotions, including collection of User PI  (the “Services”) in connection therewith. This Privacy Policy does not apply to any other third-party websites or applications that you may be able to access from the Site, each of which may collect PI, conduct PI storage, and use practices and policies that differ materially from this Privacy Policy. By using the Site, Services or expressly clicking [“I Accept”] ; during anytime while on the Site, you agree to the terms of this Privacy Policy. Reference is made to our Terms of Use Agreement (“Agreement”) which includes additional relevant provisions including without limitation our collection and use of Personal Information (defined below). No part of our Site or Services rendered in connection therewith is directed or marketed to attract anyone under 18 years old and we never knowingly collect or maintain information from those known to be under the age of 18 years old.
We recommend that you read this Privacy Policy in its entirety before using our Site.  By creating an online account, using our services, or making a Site purchase for any of our events or brands you, you acknowledge that you have read and agree to this Privacy Policy. If you do not agree to the terms of this Privacy Policy or the Agreement, please do not use the Site or use our Services.

Personal Information Collected
The Company collects a diverse group of PI when you register or use our websites, mobile sites, or applications, we  automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”).. We may use Traffic Data  for marketing purposes and to improve your experience on the Site.

Cookies

Cookies and web beacons are very small text files that are stored on your computer when you visit certain web pages. The Company collects user and use information through cookies and web beacons about your web browsing activities such as the addresses of the web, mobile, or applications pages you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings. We may use cookies and web beacons to: understand traffic patterns and the number of visitors to the Site and other non-Company websites that we may partner with; understand how you use and interact with the Site; improve our Services; optimize your experience on our Site or your use of our Services; properly manage our Site and Services provided in connection therewith. Please note that some cookies may be placed by a third-party service provider who performs some of Site functions for us. We use the Traffic Data collected by our third-party service providers using Cookies to analyze and track data, improve our services, determine the popularity of certain content, and better understand our users’ online activity. Our Service Providers may also show you advertisements for our products and services on other websites and may combine this information with other information the service providers have gathered about your visits to other websites, to enable the advertisements you receive to be of interest to you. Cookies help the Company offer convenient features including storing purchase selections until you are ready to check out, remembering your login and account settings, recognizing your browser when you visit, customizing your current and future visits, and providing you with information about products that interest you. Additionally, Cookies helps with the personalization of your experience in addition to saving time during checkout. Other companies’ use of their cookies is subject to their own privacy policies. If you are concerned about cookies, most browsers permit individuals to decline cookies. A user refusing cookies may limit your ability to take advantage of all of the features and Services we offer on the Site.

Personal Information Collected

In order for you to access our Services that we offer via the Site, we require you to provide us with certain PI that can be used on its own or with other information to identify, contact, or locate you, or to identify you in context. PI includes the following categories of information: (1) contact data (i.e., name, mailing address, phone numbers, and e-mail address) (“Contact Data”); (2) financial data (i.e., bank account or credit card number) (“Financial Data”); (3) demographic data (i.e., your zip code and age) (“Demographic Data”); and (4) product fata (i.e., purchases orders you have made on the Site and notifications the Site and/or the Company has provided to you) (“Product Data”).

Consent
By using or registering with our Site, including forums, or expressly clicking on the [“I Accept”] when accessing the Site or ordering the Event(s) ticket(s), you consent to this Privacy Policy (Consent is not contingent on a purchase). If you do not agree with any provisions of this Privacy Policy, you may not use our Site, Services or platform software. The Site is directed to residents of the United States and citizens of Mexico. We do not represent that the Site meets the privacy or security requirements for the laws of other jurisdictions.  We may limit the availability of the Site or any Services to any person or geographic area at any time. If you choose to access the Site from outside the United States or Mexico, you do so at your own risk. By submitting your Personal Information to Company, you are consenting to be contacted by Company by telephone, email, text, mail, or other methods of electronic communication based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. In the event that you no longer want to receive communications from us, you agree to notify us directly.

THIS SITE IS FOR AND MARKETED TO NON-MINOR RESIDENTS OF THE UNITED STATES (“U.S.”) AND MEXICO.  IF YOU ARE  ACCESSING THE SITE FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION AND YOU ARE A RESIDENT (i.e., “DATA SUBJECT”) OF THAT COUNTRY, , PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE AND, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION PRIVACY AND SECURITY MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

IN COMPLIANCE WITH THE U.S. FEDERAL CHILDREN’S ONLINE PRIVACY PROTECTION ACT 1998 (COPPA, 15 U.S.C. § 6501 et. seq.) THE COMPANY WILL NOT KNOWINGLY SOLICIT OR ACCEPT, PERSONAL INFORMATION FROM USERS KNOWN TO BE THIRTEEN (13) YEARS OF AGE OR YOUNGER; UPON NOTIFICATION OR DETECTION OF PERSONAL INFORMATION ON OUR SITE OF ANY INDIVIDUAL THIRTEEN (13) YEARS OR YOUNGER, IT WILL BE IMMEDIATELY REMOVED.

Notices to California Residents
If you are a California resident, California Law applies in the event of any breach of PI by the Company or Service Providers operating on our behalf.  The following explains the rights of California residents that are users of the Company Sites: California Law requires a business to notify any California resident whose unencrypted PI is obtained or reasonably believed to have been acquired by an unauthorized person.  In the event of a single security breach involving more than 500 California residents, our Company is required to submit a sample copy of the security breach notification to the California Attorney General (California Civil Code s. 1798.29(a).

Notices to Citizens of Mexico
The Mexico Federal Law Protection of Personal Data Held by Private Parties (2012) gives fundamental privacy rights for Personal Information rights to all Mexican citizens.  As a citizen of Mexico, under the Mexican Federal law you are entitled access your Personal Information used by U.S. companies in the course of regular business. You may also request that we make changes or suppress your Personal Information that is not essential to execute business functions. To inquire on your privacy rights and how to execute them regarding your Personal Information contact our Privacy Office at 1049 Hermes Ave, Encinitas CA 92023 or we can be reached via email at o support@bajabeachfest.com.

Privacy Procedures

Uses of Personal Information Collected

Internal Usage:
We use Contact Data obtained from your PI to send you communications about our Company or our Services, items you’ve requested, and to contact you when necessary. We use your Financial Data to bill you for our Services. We may use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences or may be relevant to the Services being offered to you.

Service Providers:
To complete usual and routine business transactions, we share certain categories of PI we collect from you in the ways described in this Privacy Policy. We may share Demographic Data and Product Data with advertisers, insurance providers, and other third-parties only on an aggregate (i.e., non-personally-identifiable) basis. We also may share Contact Data and Product Data, and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site.

Law Enforcement and Data Security
We may be obligated to share your PI in other, limited circumstances. For example, we may be required to disclose certain information in response to a subpoena or similar judicial process, to comply with state, federal or local laws, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies.

Unanticpated Uses:

Periodically, we may use PI for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change at some time in the future we will use data collected from the time of the policy change moving forward for these new purposes. Additionally, we reserve the right to transfer PI to a successor in interest that acquires rights to the information as a result of the sale of the Company, a division of the Company, or some or all of the assets of the Company. Please note that we will not provide you with notice prior to disclosure in such cases. However, this Privacy Policy will be updated to reflect changes in use of PI.

User Choice Regarding Collection, Use, and Distribution of Personal Information.

If you do not want us to share your PI with any third parties or to request that we remove your PI from our database please send us an email at support@bajabeachfest.com, but please allow a reasonable time for us to process this request and understand that such a request will likely limit your ability to take advantage of all of the features and Services we offer on the Site.

Please understand that your election to opt-out is only effective with respect to the future delivery of communications sent directly from the Company. You may still receive solicitations from third parties who have already received your PI. If you wish to stop receiving communications from any such source, you will need to contact each third party to unsubscribe from their individual mailing and contact lists, as each third party maintains its own separate databases. If, in the future, we decide to use PI for uses not previously disclosed in our Privacy Policy, you may prevent the PI from being used for purposes other than those for which it was originally collected by sending us an email or writing to us at the address listed at the end of this Privacy Policy.

Opting out of Marketing Communications

To no longer receive marketing communications from us, you can unsubscribe by following instructions contained in the emails you receive from us, by changing your marketing preferences through your account settings, or by contacting us through the ‘Contact Us page on our Site.

How We Respond to “Do Not Track” Signals.

The Company does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to web browser’s Do Not Track (“DNT”) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.  You may set the DNT signal on your browser so that third parties (including advertisers) know you do not want to be tracked.

Third Party Links to Other Sites:

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Changing or Deleting Information:

We may provide Site users with access to, and the ability to update and/or correct, certain information that we maintain about them, such as Contact Data (e.g., name, address, phone number) or user preferences, that is contained in their user profile, by logging into their account and accessing the Site, sending us an email, or writing to us at the address listed below.

Security:

We have taken reasonable precautions to maintain the security and accuracy of the Personal Information we collect including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. The Internet is not 100% secure.  We cannot guarantee the security of any information you disclose online to third-parties.

Lost or Stolen Information:

You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records.

Other Privacy Issues:

In addition to the uses described above, we may also share, transfer, or license your user and use information to third parties to store and analyze the data, provide search results and associated advertising, provide hosting services and customer support services. We reserve the right to discontinue your access to the Site and Services provided in connection therewith at any time.

Modification to this Privacy Policy:

We reserve the right at our discretion to make changes to this Privacy Policy at any time, and all such changes shall be immediately effective. When we make changes, the “Effective Date” of this Privacy Policy will be revised. Your continued use of our Site and Services following the posting of changes to this Privacy Policy will mean you accept those changes. We encourage you to review the Privacy Policy each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to this Privacy Policy, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and our Services.

CONTACT US

Contact Us:If you have any questions about this Privacy Policy or our Site in general, please contact us at the address or email address listed below.Our postal address is: 1049 Hermes Ave, Encinitas CA 92023 or we can be reached via email at support@bajabeachfest.com.