The Capitol Theatre Privacy Policy

When you visit the Website, we collect information that can be used to identify you as an individual (personal information), which you provide voluntarily, and information about your usage of our Website (non-personal or usage information), which we collect using cookies and other technologies as you browse the Website.

Registration Information

If you want to join our mailing list, purchase tickets to a show, purchase merchandise from our online store, participate in any of our community programs, or engage in other activities on our Website, you will need to provide certain personal information to us or our ticketing partners. The specific information will vary depending on the activity and may include your name, email address, postal address, phone number, credit card number, birth date and gender. If you are not interested in participating in such activities, you are still free to browse the Website; however, if you want to interact more deeply with what The Cap has to offer, you will need to provide us with the required information.

We also collect non-personally identifiable information that cannot be associated with your personal identity, but gives us or our third-party service providers data about your location, your computer and how you use the Website. This information may include:

• browser and device information, including operating system;
• IP address;
• date and time you access the Website;
• geographic location information;
• information about how you use the Website; and
• the site that referred you to the Website.

Like many websites, The Cap uses cookies to make the Website work as you would expect it to. A cookie is a small string of data sent by the Website that is stored in your computer’s Internet browser and provided back to the Website each time you interact with the Website to uniquely identify your browser. Cookies do not convey Personal Information about you; they provide anonymous information to us regarding how you use the Website. We may use session cookies, which are temporary cookies that disappear after you close your browser and/or persistent cookies, which remain on your hard drive after you close your browser and are reloaded when you open a new browser session.

We also use cookies for other purposes, including providing you with a more personalized web experience. For example, The Cap and some of our service providers, advertisers and other third parties may use a variety of technologies to learn more about how you use our Website. Below is a list of the different types of cookies used on the Website, including an explanation of what they are used for.

Performance Cookies

These cookies collect anonymous information about how you use the Website, such as how many times you visit and which sources/pages you traffic most often to help us and our carefully selected third party partners understand your activity on the Website. For example, we may use data from cookies to understand how many users visited an artist’s event listing, searched for a specific upcoming event, or viewed particular items in our online store. This information can help us and our partners better understand your interests in order to enhance functionality and personalization, such that over time, our Website content reflects your preferences.

In addition, they help us better gauge the relative effectiveness of marketing activities. For example, we may be able to determine which inbound links to a particular webpage drove subsequent interactions with the Website functionality such as contests and promotions.
All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our

Website, and will not be able to monitor its performance.

Functionality Cookies

These cookies are set to make accessing the Website more convenient to the user. They are usually only set in response to actions made by you which amount to a request for services, such as filling in forms.

Social media widgets and media players on the Website may also place and access session and/or persistent cookies in your browser. As a result, third parties may have access to your browser information which can tell them your IP Address, device ID and operating system, as well as the URLs of the webpages you visit or from which you view videos or other content, which may include or enable them to infer your preferences. These third parties may use this information to measure effectiveness of their activities, or otherwise pursue their own business goals. Once a cookie is placed by such third parties, we have no access to or control over it. If you have a concern about a particular third-party’s cookie deployment, please review their privacy policy.

Targeting or Advertising Cookies and Other Technologies

The Website contains social media widgets, video players and other devices that provide functionality from other third parties including: social media services such as Facebook, Instagram and others; content providers such as YouTube; music services such as Spotify and Pandora; and advertisers and advertising service providers such as AuDigent. The placement of cookies, web beacons, pixel tags and other technologies by these widgets and devices help us and our third party partners to better understand your interests and preferences to help pick the right ads or content suggestions to display to you when you are on their sites. For example, pixel tags and web beacons may be used to, among other things, track your actions on the Website for the purpose of serving tailored advertisements to you on third party websites, measure the success of marketing campaigns and compile statistics about the Website’s usage and response rates. They do not store any Personally Information, but are based on uniquely identifying your browser and Internet device. If you do not allow these cookies and other technologies, you will experience less targeted advertising.

We also utilize analytics tools for social media and advertising management and reporting that similarly accesses non-personally identifiable information using these technologies, including Google Analytics and Falcon Social.

If at any point you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Website is accessed that allows you to decline the use of cookies. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Website may not be available to you.

You may also opt-out of having information collected through the use of web beacons, pixel tags and other similar technologies. Our third-party service providers, such as AuDigent, place pixel tags on the device through which you access the Website for purposes of advertising about goods and services that may be of interest to you. If you would like more information about this practice, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info. You may also visit those sites to opt out of these advertising practices in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy.

If you continue to use this Website without taking action to prevent the storage of this information, you are effectively agreeing to this use.

You understand and agree that The Cap is the owner of the information it collects, including your Personal Information. We may use this information for any purpose relating to our business, subject to the prohibitions contained in this Privacy Policy. In general, we may use information that we collect about you in the following ways:

• to analyze your use of, or interest in, our content;
• to communicate with you by email about upcoming concerts and events, and related products or services that we think may be of interest to you;
• to help us develop and display content and advertising tailored to your interests;
• to enforce our terms and conditions; and
• to generally manage our business.

The Cap may share information about you with its third party partners and advertisers for the limited purposes described herein. In addition, the Company shares corporate ownership with Brooklyn Bowl, Relix Media Group and Lockn’ Festival. Accordingly, the Company may disclose your information to its affiliated companies operating these ventures to enable them to market concerts and other events they think you might be interested in. By submitting your personal information, you agree that we and our affiliates can provide you with this information. If at any point you do not want to continue to receive email messages from the Company or any of its affiliates, please follow the unsubscribe instructions in the relevant email.

We may also disclose your personal information to third party service providers we engage as contractors or agents to perform services for us, such as providing payment processing and email marketing services. We share information with these contractors only to the extent reasonably necessary for them to perform these services on our behalf, and pursuant to confidentiality obligations.

The Cap’s Website provides you with direct access to ticketing partners such as Ticketfly. Our agreements with these companies provide us with ownership rights in certain information, including name, zip code and email address, they collect from you in connection with your ticket purchases.

We may also disclose your personal information if we are legally compelled to do so. In other words, when the law requires it or when we have reason to believe that a disclosure is necessary or appropriate to address potential or actual injury or interference with the rights, property or operations of the Company or others. If we undergo a merger or acquisition, or sell or otherwise transfer substantially all the assets of the Company or its affiliates, or relating to the Company, your personal information may be transferred to our successor or assign.

We may also share aggregated non-personal information with third parties, including advisors, advertisers and investors, for general business analysis purposes. This aggregated data does not contain any personal information.

Please note that if applicable, depending on your Facebook account settings, if you access our Website while logged into your Facebook account, you may be authorizing us to advertise to you on Facebook, although Facebook will not share your information with us. If you do not wish to see advertisements from The Cap on Facebook, you will need to adjust your Facebook account settings.

The Website is not directed to children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not provide any information through the Website or otherwise provide any information about yourself to us. The Cap is not responsible for independently verifying the age of each of its users. Should you, as a user’s parent or legal guardian, become aware that a user who is under the age of 13 has provided The Cap with Personal Information, please notify us immediately by email at privacy@thecapitoltheatre.com or by mail at Capitol Enterprises, Inc., Attn: Privacy Officer, 104 W. 29th St, 11th Floor, New York, NY 10001. The Cap will make reasonable attempts to verify the information provided to us by the parent or guardian is accurate, and if it is determined the user is under the age of 13, any gathered information concerning such user will be deleted from our records.

If at any point you do not want to continue to receive email messages from the Website or any of our affiliates, you may opt-out from receiving further emails by following the unsubscribe instructions provided in the relevant email. Please allow up to ten (10) business days for your opt-out request to be processed.

The Cap takes reasonable administrative and electronic measures designed to safeguard and protect your Personal Information from accidental loss or unauthorized access, disclosure, or use. This may include using technologies such as Secure Sockets Layer (SSL) and may include one or more firewalls designed to block access from outside our network. Information we collect may be stored or processed on computers in any country where we do business. Although The Cap strives to protect your Personal Information and privacy, no security method or firewall can be guaranteed to protect information from hackers or human error, and we therefore expressly disclaim responsibility and/or liability for the loss, theft, destruction or inadvertent disclosure of your Personal Information. In the unfortunate event that your Personal Information is compromised, we may notify you by email at the last email address you have provided to us, in a reasonable time under the circumstances and as required under law. Delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as at the legitimate request of law enforcement should it be determined that such notification would impede a government investigation.

California Residents – Your Privacy Rights

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer“) is entitled to request information about whether the business has disclosed personal information to any unaffiliated third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise the right.

We have opted for this alternative approach. The Cap does not disclose users’ Personal Information to unaffiliated third parties without the users’ consent. Therefore, we are not required to maintain or disclose a list of unaffiliated third parties that received your Personal Information for marketing purposes.

If you have any questions about this Privacy Policy, please contact us by email at privacy@thecapitoltheatre.com or by mail at Capitol Enterprises, Inc., Attn: Privacy Officer, 104 West 29th Street, 11th Floor, New York, NY 10001.