PRIVACY POLICY
1. THIS PRIVACY POLICY
The Web Site located at www.MoBayFunFest.com (the “Web Site”) is operated by CASON TRAVEL AND TOUR, LLC (hereinafter referred to as “MOBAY FUNFEST”). This privacy policy describes MOBAY FUNFEST’s current policies and practices with regard to personal data collected by MOBAY FUNFEST through the Web Site. This privacy policy is independent from MOBAY FUNFEST’s offline personal data collection practices. This privacy policy forms part of the MOBAY FUNFEST Terms and Conditions
2. NOTIFICATION OF CHANGES TO THIS POLICY
MOBAY FUNFEST is continually improving and adding new functionality and features to its Web Site and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, MOBAY FUNFEST’s data practices will change from time to time. If and when our data practices change, MOBAY FUNFEST will post the changes on the Web Site to notify you of the changes. We encourage you to check this page frequently. This policy was last updated on December 31, 2021.
3. PERSONAL DATA COLLECTED
MOBAY FUNFEST collects information and data when you use the Web Site. Such information includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively “Customer Information”). “Personal Information” includes your name, address, email address, passwords, home and business address, phone number(s), and other information that may not be publicly available. “Contact Data” includes information developed by you that may be provided to MOBAY FUNFEST to enhance your use of MOBAY FUNFEST products and services. “Message Data” includes any messages sent or received through the Web Site, information and data about those messages, your account activity, and your log-in, log-out times. “Traffic Data” includes data about the nature of your usage of the Web Site and products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information.
In connection with your use of the Web Site, MOBAY FUNFEST may collect: the domain name and/or email address of Web Site visitors; the email address of users who communicate with MOBAY FUNFEST via the Web Site or via email; information as to what pages within the Web Site users access, and for how long the users access or visit such page; information volunteered by the user, such as through registration on the Web Site, purchases made through the Web Site, email update requests, and general requests for information; and information about transactions with MOBAY FUNFEST, and third-parties with whom MOBAY FUNFEST affiliates for ticketing, merchandising, and other commercial purposes.
MOBAY FUNFEST honors Do Not Track (“DNT”) signals and does not track, plant cookies, or use advertising when a DNT browser mechanism is in place.
MOBAY FUNFEST CANNOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION ACCESSIBLE ON OR TRANSMITTED VIA THE INTERNET.
4. USE OF CUSTOMER INFORMATION
When you register on the Web Site, or make a purchase transaction on the Web Site or through a MOBAY FUNFEST ticketing or merchandising partner, your personal information will not be sold, shared, rented or distributed to others, including sponsors, affiliates, and partners (the “Affiliated Parties”). However, there may be some other, limited circumstances in which MOBAY FUNFEST may be required to share or transfer Personal Information in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event. MOBAY FUNFEST restricts access to nonpublic Personal Information to those employees and agents who need such information. MOBAY FUNFEST maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.
MOBAY FUNFEST uses Customer Information to enhance your use of MOBAY FUNFEST services by processing information collected for purposes including, but not limited to: providing information to users about MOBAY FUNFEST products and services; formatting and displaying elements of Contact Data and Message Data to you and those with whom you exchange messages; delivering advertisements and related links; and storing messages.
MOBAY FUNFEST may engage third-parties to perform functions on its behalf, including: sending of newsletters, postal mail, and email; analyzing and processing data; payment processing; and providing customer service. MOBAY FUNFEST requires that these parties agree to use Personal Information in compliance with this privacy policy, and in accordance with any other appropriate confidentiality and security procedures. These parties may have access to Customer Information needed to perform their functions, but MOBAY FUNFEST will not authorize them to use it for purposes that do not conform to this privacy policy. For more information on third-parties, see Section 8 – Third-Parties below.
If MOBAY FUNFEST intends to use Personal Information for purposes other than those described in this privacy policy, MOBAY FUNFEST will offer you the opportunity to opt out of such use of your Personal Information for those other purposes. For more information on how to opt out, see Section 7 – Opt In/Opt Out, below.
5. ANONYMOUS DATA COLLECTED
In addition to the information you provide when you use www.MoBayFunFest.com, MOBAY FUNFEST uses technology to collect anonymous information about the use of our Web Site. For example, we use technology to track how many visitors access our Web Site, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to the Web Site by clicking on a banner ad).
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Web Site. MOBAY FUNFEST and our Affiliates use this anonymous data and share it with third-parties to improve the content and functionality of our Web Site, to better understand our customers and markets, and to improve our products and services.
6. COOKIES
A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer, and they cannot be used to discover the identity of a user. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not, and whether you are required to accept the cookie to view certain content. MOBAY FUNFEST may use cookies to “persist” a user session — that is, to maintain connection with a user as he or she moves through an application or series of web pages. The purpose of cookies in this context is to remember user inputs. Personalization features also use cookies to identify groups of users and deliver appropriate content and services.
7. OPT IN/OPT OUT
As noted in Use of Customer Information above, MOBAY FUNFEST will not provide your nonpublic Personal Information to Affiliated Parties unless you have opted in to receive emails from the Affiliated Parties. If, at any time, you desire that MOBAY FUNFEST cease providing your nonpublic Personal Information to Affiliated Parties, you may opt out of those disclosures by directing us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you may opt out of receiving those communications by clicking the unsubscribe link in the email or emailing us at info@mobayfunfest.com. Occasionally it is necessary to send out a service-related announcement. Generally, users may not opt out of these communications. These communications are not promotional in nature.
8. THIRD-PARTIES
MOBAY FUNFEST may share aggregate information about our users with advertisers, business partners, sponsors, and other third-parties, though such summary information will not identify any specifics related to you. We may use the Personal Information you provide to administer Web Site usage and monitor traffic-levels, and to contact you regarding improvements we can make to our Web Site and our services, if necessary. MOBAY FUNFEST may engage third-parties to perform functions on its behalf, such as sending newsletters, postal mail and e-mail, analyzing and processing data, payment processing, and providing customer service. MOBAY FUNFEST requires that these parties agree to use Personal Information in compliance with this privacy policy, and in accordance with any other appropriate confidentiality and security procedures. These parties may have access to Customer Information needed to perform their functions, but MOBAY FUNFEST will not authorize them to use it for purposes that do not conform to this privacy policy. MOBAY FUNFEST will apply the Opt In/Opt Out policies discussed above in the event we propose to disclose your information to a third-party.
MOBAY FUNFEST does not disclose personal information to third-parties, except when one or more of the following conditions is true:
MOBAY FUNFEST has the individual’s permission to make the disclosure;
The disclosure is permitted by law or mandatory professional standards;
The disclosure is reasonably related to the sale or other disposition of all or part of MOBAY FUNFEST’s business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization;
The personal information to be disclosed is publicly available;
The party to whom the disclosure is made controls, is controlled by, or is under common control with MOBAY FUNFEST;
The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
The disclosure is to persons or entities for whom MOBAY FUNFEST is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained;
MOBAY FUNFEST may share with third-parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually;
MOBAY FUNFEST may share Customer Information when legally required to do so or at the request of governmental authorities conducting an investigation; or
MOBAY FUNFEST may share your Customer Information with a third-party if you have consented to receive information from that third-party through registration from a co-branded version of the MOBAY FUNFEST service operated with a third-party or through a communication or promotional program of a third-party that is enabled by the MOBAY FUNFEST Service. Such third-parties will handle, store, retain, and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that MOBAY FUNFEST shall have no liability to you for sharing of such information to such third-parties and MOBAY FUNFEST disclaims any and all liability relating thereto.
9. LINK TO OTHER SITES
This privacy policy applies only to MOBAY FUNFEST’s Web Site at www.MoBayFunFest.com and MOBAY FUNFEST and our Affiliates operate other websites for different purposes and in different countries where different laws may apply. If you visit the MOBAY FUNFEST Web Site, including www.MoBayFunFest.com, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that website and how it is processed.
The MOBAY FUNFEST Web Site contains hyperlinks to websites that are not operated by MOBAY FUNFEST or our Affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. MOBAY FUNFEST does not control these websites, and is not responsible for their data practices. We urge you to review the privacy policy posted on any website you visit before using the website or providing any personal data about yourself.
10. CONSENT TO BE CONTACTED
By submitting the contact form, I agree by electronic signature to: (1) be contacted about MOBAY FUNFEST by SMS text at my mobile phone number and by email (consent to be contacted is not a condition to purchase services); and (2) the Privacy Policy and Terms of Use.
11. GOVERNING LAW
This privacy policy forms part of our Web Site Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of Nevada.
12. QUESTIONS ABOUT OUR PRIVACY POLICY
If you have any questions about this privacy policy or concerns about the way MOBAY FUNFEST processes your personal data, please contact us at info@mobayfunfest.com.
ARBITRATION AGREEMENT
You and CASON TRAVEL AND TOURS, LLC agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and CASON TRAVEL AND TOURS, LLC relating to the Site, Contest Rules, and Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CASON TRAVEL AND TOURS, LLC will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and CASON TRAVEL AND TOURS, LLC also have the right to bring qualifying claims in small claims court. In addition, you and CASON TRAVEL AND TOURS, LLC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.
Neither you nor CASON TRAVEL AND TOURS, LLC may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or CASON TRAVEL AND TOURS, LLC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section will survive the termination of your relationship with CASON TRAVEL AND TOURS, LLC.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CASON TRAVEL AND TOURS, LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.