VENUES NYC PRIVACY POLICY
Last Updated: Nov 22, 2022
Venues NYC has developed an innovative online platform ("Platform"), available at www.venuesnyc.com ("Website"), that connects property owners, lessees, or their authorized agents ("Venue Providers") who have indoor or outdoor rooms, buildings, sites, or other areas available for event rentals ("Venues"), with third parties seeking to rent Venues ("Event Planners") to host events ("Events"). In this Venues NYC Privacy Policy (the "Policy"), we refer to these services as our "Services."
When this Policy refers to "you" or a "User," it refers to the person who or entity that registered with Venues NYC as a Venue Provider and/or Event Planner. When this Policy refers to "Venues NYC," "we," "us," or "our," it refers to VenuesNYC.com LLC, which is the entity with whom you are contracting. If you want to contact us for any reason, please use the following contact information: info@venuesnyc.com
All terms of our Services Agreement (defined below) are hereby incorporated by reference and made material terms hereof. Without limiting the generality of the foregoing, the provisions of Sections 4.8 (Indemnification), 4.9 (Limitation of Liability) and 5 (the collective, class, and representative action and jury trial waiver, and mandatory and binding agreement to arbitrate) of our Services Agreement are incorporated herein by reference.
PLEASE NOTE that this Privacy Policy only identifies the privacy practices of Venues NYC. You may be subject to different data protection standards depending on certain factors, including your jurisdiction of residence. This Policy contains a section dedicated to California consumers and their privacy rights. This Policy does not identify or govern the privacy practices of any third party, and we are not responsible for third-party privacy practices, even if we provide links to a third party's website in the Policy, on the Website, or elsewhere. Any information you provide to a third party will be governed by that third party's privacy policy and practices, which we encourage you to review.
This Policy can be printed for reference by using the print command in the settings of any browser.
Section 1. Definitions
In this Policy, we may use certain capitalized terms that, if not defined in the context of a specific section of the Policy, may have the definitions attributed to them below.
- Account: Your User account created in accordance with the Services Agreement.
- CCPA: The California Consumer Privacy Act of 2018, as amended, and all regulations promulgated thereunder.
- Cookie: Cookies are Trackers consisting of small sets of data stored in the User's browser.
- Cookies Policy: The Venues NYC Cookies Policy, as it may be amended from time to time. You can find the current version of our Cookies Policy here.
- Services Agreement: The Venues NYC Services Agreement, as it may be amended from time to time. You can find the current version of our Services Agreement here.
- Tracker: Tracker indicates any technology, such as Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting, which enables the tracking of Users or devices, for example by accessing or storing information on the User's device.
- Usage Information: Information collected automatically through our Platform (or third-party services employed in our Platform), which may include the IP addresses or domain names of the computers utilized by Users who use our Platform, URI (Uniform Resource Identifier) addresses, time of the request, method utilized to submit the request to the server, size of the file received in response, numerical code indicating the status of the server's answer (e.g., successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within our Platform) and the details about the path followed within the Service with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
Section 2. Personal Information Policies
2.1 Personal Information We Collect
We may collect or obtain, by ourselves or through third parties, certain information about you that are identified in the table below, as it may be amended ("Personal Information"), including the following:
- Personal Identifiers: Real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, Account name, avatar, signature, and other similar identifiers. We may collect Eligibility Criteria (as defined in the Services Agreement) information such as driver’s license number, passport number, or government-issued identification number.
- Customer Record Information: This includes any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “This does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
- Protected Classification Information: Information concerning: Race, color, religion (includes religious dress and grooming practices), sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), gender identity, gender expression sexual orientation, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, national origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United State is authorized under federal law), ancestry, disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics), genetic information, request for family care leave, request for leave for an employee’s own serious health condition, request for Pregnancy Disability Leave retaliation for reporting patient abuse in tax-supported institutions, and age (over 40).
- Commercial Information:This includes purchase and transaction history or tendencies.
- Internet or other electronic network activity information:Browsing history, search history, and information regarding your interaction with our Website, Platform, or advertisements.
- Geolocation Information: Information about the location of you or your device(s), including, without limitation, your IP address, Wi-Fi location or connection, or other information that may be available concerning your or your device's location.
2.2 Age Restrictions
Our Platform is only intended for persons twenty-one (21) and older. We do not solicit or knowingly collect any Personal Information from persons under the age of 21. We do not allow persons under 21 to register for our Platform. If we learn that we have obtained Personal Information from a person under the age of 21, we will delete that Personal Information.
2.3 How we Collect Personal Information
In some cases, you may provide Personal Information to us, either directly or indirectly, when you use or interact with our Platform, Services, or your Accounts. For example, you directly provide your Personal Information when you submit requests via any forms on our Platform. This may include Personal Information you provide when you make purchases from us, send or reply to emails or other electronic communications to us, make telephone calls to us, or you create or use Accounts.
You also provide Personal Information indirectly when you navigate our Platform, as Personal Information about you is automatically observed and collected. In these cases, we may collect data through various Cookies and other Trackers. Our Platform uses Cookies and other Trackers. To learn more, please consult our Cookie Policy.
Finally, we may collect your Personal Information from third parties that work with us in connection with our Platform. These include:
- Stripe: We use Stripe as our payment processor. When you pay for services that you purchase on our Platform, you may be asked to provide, in addition to Personal Information, certain “payment information”, which may include your credit or debit card number, card expiration date, CVV code, check payment information, account or routing number, billing and/or payment account address, or biometric information. It may appear that we are collecting your payment information directly, but your payment information is provided to Stripe, which may embed its payment portals or links on our Platform. When you make payments in your Account, Stripe may display your name, type of payment card, last four digits and expiration date of payment card, and/or fingerprint. We may receive only limited Personal Information of yours from Stripe to verify identity or for fraud prevention, such as your billing address and Stripe ID. Please note that we are not responsible for Stripe's collection or processing of Personal Information. We recommend that you review Stripe's privacy policy.
- MongoDB Atlas: We use MongoDB Atlas as our cloud databases for storing information, which may include Personal Information. We are not responsible for MongoDB's collection or processing of Personal Information. We recommend that you review MongoDB's privacy policy.
- Google: We may, with your permission, use Google OAuth. OAuth links your Account with your Google account (such as your Gmail account) for authentication and authorization purposes. OAuth may allow us to access some Personal Information associated with your Google accounts, such as your email address, name and profile photo. We will use OAuth in accordance with the Google API Services User Data Policy, as it may be amended. In addition, we may use Google Analytics. Our use of Google Analytics is discussed in our Cookies Policy. We are not responsible for Google's collection or processing of Personal Information. We recommend that you review Google's privacy policy.
- ImageKit: We use ImageKit for image hosting. We are not responsible for ImageKit's collection or processing of Personal Information. We recommend that you review ImageKit's privacy policy.
- Sentry: We use Sentry for error logging. We are not responsible for Sentry's collection or processing of Personal Information. We recommend that you review Sentry's privacy policy.
Complete details on the types of Personal Information we collect are provided in the dedicated sections of this Policy and may be further explained using specific explanatory texts displayed prior to the Personal Information collection.
2.4 How We Process Personal Information
Personal Information will be processed with computers and/or IT-enabled tools for the specific purposes outlined in this Policy. In some cases, Personal Information may be accessible by external parties, such as third-party technical service providers, mail carriers, hosting providers, IT companies, advisors, consultants, and communications agencies. Some of these third-parties are identified above. You may request an updated list of these parties using the contact information identified above. Your Personal Information may be transferred to a country in which you do not reside. To find out more about the places where Personal Information may be processed, please check the section containing details about the processing of Personal Information or by contacting us.
2.5 Purposes of Processing
We may process Personal Information for certain purposes, including:
- Technical: Permitting you to access and interact with interactive features of our Platform, presenting and providing content to you, operating and improving our Platform or Services, providing our Platform and Services and offering, selling, and delivering our products and services to you, identifying you as a User in our system, monitoring and analyzing site traffic, Usage Information, trends, and activities related to our services or the Website, and diagnosing technical problems, administering the Website, or providing or displaying content, traffic optimization and distribution, displaying content from external platforms, interacting with external social networks and platforms, heat mapping and session recording, platform services and hosting, analytics, tag management, advertising, contacting you, accessing third-party accounts, handling payments, remarketing and behavioral targeting, hosting and backend infrastructure, registration and authentication, managing contacts and sending messages, User database management, managing data collection and online surveys, backup saving and management, handling productivity related activity, and commercial affiliation.
- Communications: Communicating with you about surveys, promotions, upcoming events, news about products and services offered by us and our affiliates or partners, and for other marketing purposes; responding to your comments or questions and for our support team to provide related services, and otherwise communicating with you; and sending you information, including, without limitation, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages, and modifications or updates to the Policy, Platform, Services or other terms where applicable, and other messages;
- Legal: Carrying out our obligations to you and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection; complying with our legal obligations, responding to enforcement requests, protecting our rights and interests (or those of our Users or third parties), detecting any malicious or fraudulent activity comply with legal obligations, respond to enforcement requests; and protecting, investigating, and deterring against fraudulent, unauthorized, or illegal activity; and
- Marketing and Business Purposes: Providing you with targeted advertisements, email marketing, or other marketing communications; improving our products, services, Platform, and business operations; and understanding and enhancing your experience using our Platform or Services, services, and products; and linking or combining your information with other information we get from third parties to help understand your needs and provide you with better service.
- Other: For any other purpose that you request, that is permitted by law, or with your consent.
2.6 Limiting the Scope of Processing
You may be able to restrict the scope of certain data provided to us, but doing so may make it impossible for us to provide you with our Platform to function properly.
2.7 Providing Third-Party Personal Information to Us
You may not provide Personal Information of any third party to us without such third-party's consent. You are solely responsible for any third-party Personal Information obtained, published, or shared with us or through our Platform. By using our Platform, you represent, warrant, and confirm that you have properly obtained any third party's consent to provide their Personal Information to us.
2.8 How We Protect Personal Information
We maintain physical, technical, and administrative safeguards to protect your Personal Information from unauthorized access, use, disclosure, alteration or destruction. We regularly update and test our data security technology, restrict access to your Personal Information to our personnel with the need to access such Personal Information in the course and scope of their performance of duties for us. We also train our personnel concerning the privacy and security of your Personal Information.
2.9 How We Retain Personal Information
We retain your Personal Information for the duration of your business or other relationship with us, and for a reasonable period thereafter to allow you to continue to maintain your business relationship with us in the future, to analyze the data for our own operations, and for historical and archiving purposes.
2.10 How We Share and Disclose Personal Information
We may share your Personal Information with third parties in the following situations:
- If Personal Information is "anonymized", meaning it cannot be used to identify you;
- To our subsidiaries, affiliates, agents, contractors, service providers, partners, and other third parties (including, IT, support, technical, marketing order fulfillment, e-commerce, and finance and accounting services, as well as payment processors, advertising networks, and hosting service providers) we use to support our business and our Platform, including for marketing purposes;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, consolidation, asset sale, dissolution, or other substantial corporate transaction or 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 Users is among the assets transferred;
- To comply with any enforceable subpoena, government or regulatory request or demand, investigative demand, court order, law, or legal process;
- To enforce or apply our legal rights, including for billing and collection purposes, and to defend against or prosecute legal claims;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others, including for the purposes of fraud protection and credit risk reduction;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; or
- Otherwise with your prior consent.
2.11 How We Handle "Do Not Track" Requests
Our Platform does not support "Do Not Track" requests. To determine whether any of the third-party services we interact with honor the "Do Not Track" requests, please read their privacy policies.
2.12 Our Push and Email Notifications
We may send push notifications to you for the purposes outlined in this Policy. Push notifications may be based on your geographic location or may be sent for direct marketing purposes, including to market products or services provided by third parties or unrelated to our Platform or Services. You may in most cases opt out of receiving push notifications by changing settings on your device. However, disabling push notifications may negatively affect your ability to use or access our Service.
You have the right to opt out of receiving future marketing, promotional, or emails from us by following the instructions set forth in any such emails, including by clicking "Unsubscribe" or similar buttons or hyperlinks. Even if you opt out of such communications, we may nevertheless transmit non-promotional communications to you, such as communications concerning ongoing representations or business relationships. We may not accommodate a request to change information if we believe that the requested change would violate any law or legal requirement or cause the information to be incorrect.
Section 3. California Residents
3.1 Your California Privacy Rights
California Civil Code section 1798.83 allows you to request information about our disclosure of your Personal Information to third parties for those third parties' direct marketing purposes. You can make such requests of us using the contact information set forth at the top of this Policy.
Within thirty (30) days after receiving an express written request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.
If you are a resident of California and do not want us to disclose your Personal Information to third parties for the third parties' direct marketing purposes, please notify us of such using the contact information provided above, and clearly state your request, name, mailing address, email address, and phone number. Upon receipt of your express written request, we will remove your name from lists we share with other companies as soon as reasonably practicable.
Additionally, if you are a California resident under the age of eighteen (18), and have registered to use our Platform, California Business and Professions Code section 22581 permits you to request and obtain removal of content or information you have publicly posted. You can do so by contacting us using the contact information set forth at the top of this Policy. If you make such a request, please identify where the content or information is posted on our Platform so that we can attempt to remove the post from public view or anonymize the content or information such that you cannot be identified. This removal process cannot ensure complete removal, for example, if content or information remains visible because a third party has copied the posting or reposted the content or information posted by the minor.
3.2 California Consumer Privacy Act
The provisions contained in this section apply to consumers residing in the state of California, according to the CCPA. California consumers may be referred to in this section as "you", "consumers", or "Users". For such consumers, in the event of a conflict between the provisions in this section and in other sections of the Policy, the provisions of this Section shall control.
For the purposes of this Section 3 only:
- "Business purposes" means those purposes for which we process your Personal Information as set forth in Section 2.5 of this Policy.
- "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. "Personal Information" does not include publicly available information, aggregate or deidentified consumer information, or other information not within the scope of CCPA.
- "Sale" means any selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's Personal Information by the business to another business or a third party, for monetary or other valuable consideration.
3.3 Categories of Personal Information We Collect or Obtain
In the past 12 months, we have collected and may continue to collect or obtain the following categories of Personal Information: identifiers, California Consumer Records Statute information, commercial information, internet information, geolocation data, inferred information. We will not collect additional categories of Personal Information without first notifying you.
3.4 Collection of Personal Information
Our processes for collecting and obtaining Personal Information are identified in Section 2 of this Policy.
3.5 Sharing and Disclosing Personal Information for a Business Purpose
We may disclose Personal Information we collect about you to third parties for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the Personal Information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement. We may also disclose your Personal Information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Platform or Services. To find out more about our sharing and disclosure of Personal Information and categories of third parties to whom information was disclosed, please refer to the relevant section of this Policy. The categories of persons to whom we may disclose data are set forth in the section of this Policy entitled "Sharing and Disclosure of Personal Information".
We do not knowingly sell Personal Information of persons under age 16.
3.6 Sale of Personal Information
The term "sale" is defined in Section 3.2 of this Policy. The term is broadly defined and can apply, for example, whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.
We do not sell Personal Information.
3.7 Right to Opt-Out of Sale of Personal Information
You have the right to opt out of the sale of your Personal Information. Such requests can be made freely, at any time, without submitting any verifiable request, by contacting us using the contact information at the top of this Policy.
3.8 Purposes of Processing Personal Information
Your Personal Information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes. We may also process your Personal Information for other reasons such as for commercial purposes (as indicated within Section 2.5 of this Policy), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.
We will not use your Personal Information for different, unrelated, or incompatible purposes without notifying you.
3.9 Right to Know about Personal Information Collected, Disclosed, or Sold
You have the right to request that we disclose to you certain kinds of information that we have collected about you during the twelve (12) months prior to your verifiable request. If we receive a verifiable request from you, we will provide you with:
- The categories and specific pieces of your Personal Information we have collected;
- The categories of sources from which the Personal Information is collected;
- The business or commercial purpose for collecting or selling Personal Information;
- The categories of third parties with whom we share Personal Information;
- The specific pieces of Personal Information we have collected about you;
- The categories of Personal Information that we sold about you and the categories of third parties to whom the Personal Information was sold, by category or categories of Personal Information for each category of third parties to whom the Personal Information was sold; and
- The categories of Personal Information that we disclosed about you for a business purpose. We will also disclose to you whether we have or have not sold or disclosed your Personal Information to a third party for a business purpose.
We do not sell your Personal Information to any third parties, though we may disclose your Personal Information to third parties for the reasons set forth in Section 2.5 of this Policy.
3.10 Right to Portability
If we deliver information to you, we may do so by mail or electronically. If provided electronically, the information will be in a portable and, if technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance.
3.11 Right to Deletion
You have the right to request that we, and any of our service providers, delete any Personal Information of yours which has been collected from you, upon the making of a verified request. However, we and our service providers may not be required to comply with a request for deletion if it is necessary for us or our service provider to:
- Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise that consumer's right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act set forth in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the business' deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you provide informed consent;
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with a legal obligation; or
- Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.
We may respond to a request to delete by permanently and completely erasing the Personal Information from our existing systems (except for archived or backup systems), deidentifying the Personal Information, or aggregating Personal Information. For Personal Information stored on an archived or backup system, we may delay compliance until the archived or backup system is restored to an active system or next accessed or used for a sale, disclosure, or commercial purpose.
3.12 Right to Non-Discrimination
We will not discriminate against you if you exercise any of your rights under the CCPA. This means that we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including by using discounts or other benefits or by imposing penalties;
- Provide you with a different level of quality of goods or services; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Notwithstanding the foregoing, we may offer financial incentives, including payments to you as compensation, for our collection of Personal Information or deletion of Personal Information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data. We will provide you with notification prior to offering you such financial incentives and your participation in such a financial incentive program will only occur with your prior consent.
3.13 How to Make a Request
If you would like to make a request to know or delete, please contact us using the contact information at the top of this Policy. You may use an authorized agent to submit requests on your behalf, but if you do so, we may require you to provide the authorized agent with written, signed permission to do so, verify your own identity directly with us, and confirm to us that you provided the authorized agent with permission to submit the request.
3.14 Timing and Manner of Responses
We will confirm our receipt of a verifiable request to know or delete within ten (10) business days after receiving a request. We will provide general information about how we will process the request and when you should expect a response, unless we are able to process the request fully within the 10-business day period. If you maintain an account with us, we will deliver a written response to the email associated with your account. If you do not maintain an account with us, we will provide a written response to you via email, or if you request, by mail.
If we receive a request to know but cannot verify the requestor's identity, we will not disclose any Personal Information to the requesting party or delete any Personal Information. If we cannot verify a requestor's identity, we may ask for more information about the requestor, and will only use such information to verify the requestor's identity.
We will provide information for the twelve (12) months preceding any such request. We strive to respond to your verifiable requests within forty-five (45) days after we receive them. If we require additional time to respond to a verifiable request, we will inform you of the reason and extension period in writing.
We will not provide a consumer's Social Security number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers, or unique biometric data generated from measurements or technical analysis of human characteristics.
Section 4. Changes to this Policy
We reserve the right to make changes to this Policy at any time by notifying Users on this Policy and possibly within our Platform, your Account and/or - as far as technically and legally feasible - by sending a notice to Users via any contact information available to us. We strongly recommend that you to check this Policy often, referring to the effective date identified at the top.
Should the changes affect processing activities performed based on your consent or for purposes that are materially different from those disclosed in this Policy, we will collect new consent from you to the extent required by law prior to implementing such changes.