Notice of Privacy Practices
At Afropunk, LLC (“Afropunk,” “we,” “our,” or “us”), we recognize that your privacy is important – both to you and to us. We are committed to the fair and transparent processing of the personal information that is provided to us by our customers, by our clients, by those who visit our websites, and/or by various third parties (“Personal Information”), and we strive to ensure that you have control over your Personal Information.
This Notice of Privacy Practices (“Privacy Notice”) discloses our privacy practices as related to your access and use of Afropunk’s websites, including afropunk.com and afropunkfest.com (“Sites”), Afropunk’s mobile device applications (“Apps”), and other products, services, and/or opportunities that we may offer to you, such as the ability to make purchases from our online store, the ability to purchase tickets to, participate in, or volunteer at one of our events, and/or the ability to use any other product(s) or service(s) that we make available to you (collectively, “Services”). This Privacy Notice is designed to advise you about how we use, protect, and disclose the information we receive or collect about you, to explain your privacy rights, and to describe how you can manage the privacy of your Personal Information. Please read the following information carefully.
Please note that if you do not agree to any part of this Privacy Notice, you should not access or utilize our Sites or Apps. Moreover, if you do not agree to any part of this Privacy Notice, you should not utilize our Services.
1. Information We Collect
We may collect certain information from you when you use our Services, including when you access or use our Sites and/or our Apps.
Personal Information: In order for you to purchase or earn tickets to one of our events, purchase a product through our online store, register for a competition we sponsor, sign up to be a volunteer or vendor at one of our events, sign up to receive our newsletter or other information from us, respond to one of our surveys, enroll in our Loyalist Program, use or access certain functions on our Sites or on our Apps, provide comments or feedback to us, or use certain Services offered by us, we may ask you to provide information about yourself. Such information is known as Personal Information.
Personal Information, also known as Personal Data, is any information that can be used to identify, locate, or contact you. This includes, but is not limited to, your name, address, email address, payment information, and/or social media information. It also includes other information that may be associated with your Personal Information, such as your location, IP address, mobile device properties and settings, mobile device platform, preferences, or interests. When you respond to an Afropunk survey, or enroll in our Loyalist Program, we may collect information which includes but is not limited to your gender, age, marital status, employment status, income, and interests, which constitute Personal Information. When you sign up to be a vendor at one of our events, we may collect information relating to your business which includes but is not limited to your business name, primary contact information, website information and social media information, which also constitutes Personal Information.
We will only collect Personal Information from you when you consent for us to do so, when we must do so in order to fulfill a contractual or legal obligation, or when collection is necessary to fulfill a legitimate interest under the circumstances described below. At times, we may require you to provide certain Personal Information to use certain Services, including our Sites or Apps, or fulfill a request from you – for instance, when you make a purchase from us, we need to gather your name, address and other Personal Information to fulfill your order.
Services, such as those of Afropunk’s ticketing and third party payment providers, may require you to provide certain Personal Information like your payment card information (including expiration date and verification code) as well as your name, address, email address, and other information to complete a purchase.
Non-Identifying Information: Afropunk may collect some information directly from you when you access or use our Sites and/or our Apps. Such information does not reveal the identity of visitors to our Sites and/or our Apps. This includes the number of visitors and frequency of visits there, the specific Sites or Apps visited, the specific pages visited on the Sites, and the Sites or links clicked on, your language preference for accessing our Sites and/or our Apps, your browser or mobile device information and screen resolution, your device’s operating system and settings, your network service provider, and de-identified aggregated data from social media sites, among other information. We gather this information for limited purposes, like determining our Sites, Apps, or customer service needs.
2. How We Collect Your Information
Afropunk collects and obtains information in a few ways. There is information that you choose to give us, information that we obtain through your use of our Services, including our Sites and our Apps, and information that we obtain from third parties. Each of these collection methods is detailed below:
A. Information You Give to Us
We collect certain information, including Personal Information, that you choose to share with us. As noted above, sometimes this is information that we require in order for you to use our Services: for instance, when you purchase a ticket to one of our events, or purchase merchandise through our store, you will be asked for your name, shipping address, email address, and payment information. We may require you to provide other information to use certain Services, including our Sites and our Apps.
Additionally, we collect information that you voluntarily provide through your use of the Sites, Apps, or other Services, such as when you sign up to receive our newsletter, become part of our Loyalist Program, complete one of our surveys, or contact us via email or direct message with questions, feedback, or comments about our Sites, Apps, or Services. We may also collect information that you place on publicly-available bulletin boards, comment sections, or other forums on our Sites or on our Apps.
B. Information We Obtain When You Use Our Services
We also collect certain Personal Information, and de-identified, aggregated information, from you through your use of our Services, including our Sites and our Apps. For example, we may automatically collect your IP address and location data when you visit our Sites.
Device Information: As noted above, we may collect certain information related to the device that you use to access and use the Sites, Apps, or other Services. This includes, for example, your device settings and operating system. If you do not want your device to provide us with location information, you may be able to disable the GPS or other location-tracking functions on your device. Please see your device manufacturer’s instructions for further details.
Aggregate Information: We may collect other aggregate information in relation to how our Sites, Apps, or Services are used, as well as comments, or other posts relating to Afropunk on social media. This information is in aggregated form, and cannot be used to identify users on an individual basis. Some of this information may be automatically recorded by our servers when you access the Sites.
In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without any reference to your Personal Information. For example, we use information we collect about all website users to optimize our Sites and to understand website traffic patterns. We may aggregate and/or de-identify the data about visitors to our Sites and use it for development of our Services and to improve the quality of our Services. If we do associate the information we collect using cookies and other technology with your Personal Information, then it will become “Personal Information” and will be protected as described in this Privacy Notice.
C. Information We Obtain From Third Parties
We may collect information from various third parties about you, such as any third-party service providers who we use to provide our Services to you including, but not limited to, our ticketing partners, such as Eventbrite, Live Nation, and Howler. From time to time, we may also use or augment the Personal Information we have about you with information obtained from other sources, such as public databases, social media platforms, and other third parties. For example, we may use third party information to confirm contact or financial information or to better understand your interests by associating demographic information with the information you have provided.
We may allow you to access or use certain features of the Sites and/or Apps, or share your access to or use of the Sites and/or Apps with others using accounts you created with third party services, like Facebook (“Third Party Service Accounts”). If you choose to login to the Sites and/or Apps using this method, the Third Party Service Account may ask for your permission to share certain information with us. Such information is collected by the Third Party Service Account provider and shared with us according to the Third Party Service Account provider’s privacy policies.
3. How We Use Your Information
We primarily use your information to provide you with access to, and to facilitate your use of our Sites, Apps, and Services and to allow you to communicate with us. For instance, we use your information to personalize your experience when you use our Sites, Apps, and Services, such as by customizing the content we provide to you and by fulfilling purchases you make.
We also use certain types of your information to enhance the operations of our Sites, Apps, and Services, improve and troubleshoot the performance of our Sites, Apps, and Services, statistically analyze the use of our Sites, Apps, and Services, improve our marketing and promotional efforts, and customize the content, layout, and performance of our Sites and Apps, among other things. We may also use your information to assist us in delivering information to you and contacting you when needed (for example, to provide information about changes in our Services, Sites, Apps, or this Privacy Notice). Importantly, we may additionally use your information to resolve disputes, troubleshoot problems, and/or enforce our relevant agreements with you, including this Privacy Notice.
Consent. We may ask for your consent to process your Personal Information for a specific purpose that we communicate to you, for instance, to receive our newsletters and other information you may be interested in, or to enroll in our Loyalist Program. When you consent to our collecting and/or processing your Personal Information for a specified purpose, you may withdraw your consent at any time and we will stop collecting and/or processing your information for that specified purpose.
Contractual Obligations. We may process your Personal Information in order to fulfill a contractual obligation that we have with you. This includes the processing of your information related to your online orders via our Sites and/or your purchase of tickets to attend our events.
Legal Obligation. We may process your Personal Information in order to comply with a legal or statutory requirement or obligation. This may include responding to a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation we have to a third party, or reporting unlawful activity to law enforcement.
Legitimate Interest. We may process your Personal Information in order to fulfill another legitimate interest, when not overridden by your interests or, where applicable, your fundamental rights and freedoms which require the protection of Personal Information.
4. How We Disclose or Share Your Information
Afropunk does not sell, trade, or rent your Personal Information to others. We may share, with third parties, or on our Sites, de-identified aggregated data relating to the kinds of users who are engaging with our content, and the kinds of content most relevant to our users. We may release or disclose your information to third-party service providers or agents who perform functions on our behalf or who facilitate the provision of our Services to you. Please be aware that any third-party’s use of your information is governed by their respective privacy policies, not this Privacy Notice. The privacy practices of third parties are not subject to our control, and Afropunk is not responsible for the policies and practices of third parties.
We may share your information in relation to a merger, sale, financing, acquisition or other transaction involving all or a part of Afropunk with another company. We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation. In such instances, we will disclose your Personal Information upon receipt of a court order, subpoena, or other lawful and enforceable process, or where otherwise required by law. We will also disclose your Personal Information if such disclosure is necessary to respond to claims asserted against us.
We reserve the right to report to law enforcement any information – including Personal Information – related to the use of our Services used to further any unlawful activity or activity we in good faith believe to be unlawful.
We may share certain Aggregate Information with advertisers (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers’ goods and services will appeal to you. When you respond to an advertisement, however, please note that if you decide to give the advertiser any of your Personal Information, then the advertiser may be able to identify you.
We may also share any additional information that you have consented for us to share. Finally, we may disclose your information if it is publicly posted by you on our Sites or is publicly accessible.
5. International Transfers of Your Information
If you are visiting our Sites or utilizing our Apps or Services from a country other than the United States, the various communications you send and receive will necessarily result in the transfer of information across international boundaries. If you are located in the European Union, you should be aware that information you provide, or which is otherwise collected on our Sites or through our Apps or Services may be transferred to countries (specifically, the United States) which do not have data protection laws deemed as adequate as those in the EU.
In cases where Afropunk transfers Personal Information outside the European Union, we shall ensure that adequate safeguards, as required under applicable data protection legislation, will be implemented (including, as applicable, the European Commission’s Standard Contractual Clauses, as appropriate).
6. How Long Do We Keep Your Information?
We keep your Personal Information to enable your continued use of our Sites, Apps, and Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by applicable law, as necessary to protect our rights and interests, or as otherwise communicated to you. For example, we may retain your transaction history, and Personal Information associated with that history, to improve the relevancy of content we recommend to you through our Sites and/or our Apps. We may also retain your history of attendance at our events for these same reasons.
7. Your Privacy Rights
Your Rights: Afropunk will ensure that you can exercise your rights pertaining to your Personal Information, including rights as provided by data protection laws that are applicable to you. Where applicable under relevant law, you are entitled:
- to have access to the Personal Information we have collected about you upon simple request – that is, you may receive a copy of such data (if requested), including the categories and specific pieces of information we have collected, the categories of sources from which the information was collected, and the purpose for which we collected the information;
- to have access upon simple request, and free of charge, to the categories and names of addresses of third parties with which we have shared, or that have received Personal Information for direct marketing purposes;
- to obtain a rectification of your Personal Information should it be inaccurate, incomplete or obsolete;
- to obtain the deletion of your Personal Information in the situations set forth by applicable data protection law (the “right to be forgotten”).
- to withdraw your consent to processing of your Personal Information, where your Personal Information has been collected and processed on the basis of your consent;
- to object to the processing of your Personal Information (where it has been collected and processed on the basis of legitimate interests of Afropunk) – in which case we may ask you to justify your request by explaining to us your particular situation;
- to request a limitation of the data processing in the situations set forth by applicable law;
- to have your Personal Information directly transferred by Afropunk to a third-party processor of your choice (where technically feasible and when processing is based on your consent); and
- to non-discrimination, as defined under relevant law, in the Services or quality of Services you receive from us for exercising your rights.
Under certain laws, you may also have the right to “opt-out” of having your Personal Information sold to a third party. However, Afropunk does not sell your Personal Information to any other party. Only in the case of a merger, sale, financing, acquisition, or other transaction involving all or part of Afropunk may your information be involved in a transaction.
When we receive deletion/”right to be forgotten” requests, we will undertake a good faith effort to accommodate requests for access to, or deletion of, personal information. However, these requests may be subject to the evaluation of additional factors, including disproportionate burden or expense, or the risk to the rights, including the privacy rights, of others.
We will strive and work to resolve any inquiry you may have regarding our privacy practices. EU residents may also file a complaint before a competent data protection authority regarding the processing of your Personal Information. While we suggest that you contact us beforehand, if you wish to exercise this right, you should contact the competent data protection authority directly.
If you have any questions, would like to exercise any of these rights, or if you need any assistance with privacy related matters, please contact us as described in the “Contact Us” section below. We will take the necessary steps to respond to you as soon as possible.
Your Choices: Afropunk offers individuals the opportunity to choose or “opt-in” to receive emails or other communications from us and/or our partners regarding offers, products, and services we feel may interest you. We will ask you if you want to receive such emails before we begin sending them to you. If have opted in to receive such communications from us but later decide you do not want to receive solicitations from us or our partners related to our provision of Services to you, you always can “opt-out” by following the “unsubscribe” directions attached to such emails.
You also have the ability to change your browser’s and your device’s cookie settings, as described above. Please note that some of the functionality of our Sites and/or Apps may be impacted depending upon the preferences that you choose.
Updating and Correcting Your Information: If you need to access, update, or delete Personal Information that you have provided to Afropunk, please contact us at the address below. Note that we may limit additional requests to modify your Personal Information, such as if your request impacts other individuals’ privacy, concerns information that Afropunk does not possess or control, is repetitive, is unlawful, or requires technical means disproportionate to the request.
8. How We Protect Your Information
Afropunk takes reasonable and appropriate security measures to protect your information from loss, misuse, and unauthorized access, alteration, disclosure, and destruction.
While we strive to make your information as secure as possible, no transmission system or data network can be guaranteed to be 100% secure. As a result, you acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Afropunk cannot be guaranteed.
9. Intended Audience for Services, Sites, and Apps
All of Afropunk’s Services – including our Sites and Apps – are intended for adult audiences, and are not intended for, or directed to, anyone under 18 years of age. We therefore do not knowingly collect Personal Information from anyone under 18 years of age. If you are under 18 years of age, do not provide us any Personal Information about yourself.
10. Changes to Our Privacy Notice
The most current version of our Privacy Notice is accessible on our Sites at all times. We reserve the right to make changes to our Privacy Notice at any time, at our sole discretion, and as permitted by applicable law. We encourage you to review the Privacy Notice from time to time to ensure that you are familiar with our practices, and aware of any changes. In addition, we will notify you via email or alert on our Sites if we make material changes to the Privacy Notice.
11. Your Privacy When You Access Third Party Websites / Resources
12. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents who have supplied Personal Information, as defined in the statute, to us to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of Personal Information shared and the names and addresses of all third parties that received Personal Information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide a current California address for our response. You may make this request in writing to us at the below address. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
How to Contact Us
If you have any questions regarding this Privacy Notice or our privacy practices, you can contact us at:
Afropunk Worldwide, LLC
1000 Dean Street, #444
Brooklyn, New York 11238
Or by email at: firstname.lastname@example.org
Please note that Afropunk is not responsible for the content or practices of third party websites or services to which Afropunk may link through our Sites. Your interaction with all third parties’ websites is governed by the applicable third party privacy policies. We encourage you to review the privacy policies of such third parties before using their sites or services.
Effective: April 1, 2019