Privacy Policy
This privacy policy (“Privacy Policy”) describes how the Overture Center for the Arts (the “Center”) as well as the Overture Center Foundation, Inc. (“OCF”) and all Affiliates of the Center or OCF (collectively, the Center, OCF, and all such Affiliates are hereinafter identified as “OCA”) use and protect any information that you provide or make available to OCA in any fashion, including in person, through the OCA’s box office, by phone or email, or through use of or access to the OCA website (including without limitation www.overture.org or any other site operated by, or affiliated with, OCA; collectively, all pages, locations, and affiliated sites, are hereinafter identified as the “Web Site” or “OCA Web Site”). “Affiliates” means any person, entity, or other form of enterprise that directly or indirectly controls, is controlled by, or is under common control with, a party, where “control” means the possession, directly or indirectly through one or more intermediaries, of power to direct, or to cause the direction of, the management or affairs of such entity, whether through ownership interests, contract, voting trust or otherwise.
If you have any questions, comments or suggestions regarding the OCA Privacy Policy, please contact us at:
Overture Center for the Arts
201 State Street
Madison, WI 53703
608-258-4141
AGREEMENT BETWEEN USER AND OCA
The OCA Web Site is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the OCA Web Site or any OCA services constitutes your agreement to all such terms, conditions, and notices. By accessing or using any applicable Web Site, email or other communication with OCA, or by submitting information to us, you agree to our collection and use of your information as described in this privacy policy (or any update) and agree to be governed by these terms. These terms are in addition to, but are not limited by, any other terms agreed to by the parties or applicable to third-party products, services, or websites.
MODIFICATION OF TERMS OF USE OR PRIVACY POLICY
OCA reserves the right to change the terms, conditions, and notices under which the OCA Web Site is offered, including but not limited to changes associated with the use of the OCA Web Site, any terms of use, or the Privacy Policy. Modifications will be posted on the Web Site from time to time. Your continued use of the Web Site after such changes have been made constitutes your agreement by their terms.
PERSONAL INFORMATION
Scope
This Privacy Policy applies to OCA and any Third Party with whom we share or collect Confidential Personal Information (as defined below). “Third Party” refers to Affiliates, agents, vendors, suppliers, subcontractors, or independent contractors, as well as any other third party with whom we share information. By submitting information to us or accessing our Web Site, you agree to our collection and use of your information as described in this Privacy Policy as may be amended from time to time. These terms are in addition to, but are not limited by, any other terms agreed to by the parties or applicable to third-party products, services, or sites.
Collection of Your Confidential Personal Information
Confidential Personal Information is information that relates to you and identifies or can be used to identify you. This information includes (i) information by which you may be personally identified, such as your name, billing address, social security number, driver's license number, credit card number, bank account number, email address, and credit information; (ii) information that is about you but individually does not identify you; and (iii) information about your internal connection, the equipment you use to access the Web Site or otherwise communicate with OCA, and usage details. OCA may collect Confidential Personal Information for those purposes or in the manner specified in this Privacy Policy, as well as for any other purposes as otherwise permitted by law.
We may collect Confidential Personal Information through our Web Site (including without limitation through online forms or submission applications), contact with a business office, over the phone, or online. You may choose to provide this information to us through a number of interactions such as by:
- Ordering a product or service from us
- Sending us an email
- Registering to receive information about our products or services
- Applying for a job or other application; or
- Entering a contest.
We may also collect this information about you from trusted agents who are authorized to sell our products and services, or from employees of our Affiliates. For training, quality assurance, or other purposes, we may also monitor or record our calls with you.
As part of network operations and when you visit the Web Site, we may automatically collect certain information such as your domain type, your IP address, or click stream information to gauge the effectiveness of our Web Site or other sites, improve our online operations, enhance your online experience with customized content, focus our marketing efforts to better meet the needs of our customers, or for other purposes. We may store small data files known as cookies, or other similar technologies, on your computer or mobile browser when you visit our Web Site. Cookies allow OCA to personalize your service by collecting and storing information that will identify you when you visit a Web Site. Cookies also allow us to collect Web Site usage information when you visit our Web Site, including for example IP address, web browser and operating system types, web pages visited on our Web Site, time spent on our web pages, and return visits to our Web Site. We may combine the Web Site usage information with your Confidential Personal Information in order to, for example, provide a more customized online experience to you and to provide advertising about goods and services that may be of particular interest to you. We may ask Third Parties to place advertisements about our products and services on sites that are not operated by OCA. These Third Parties may use technologies such as cookies, web beacons, and similar technologies to collect, store or read information on your computer or mobile browser when you visit one of their websites. OCA may track user click stream information when you view our advertising on these websites.
You may be able to disable cookies on your computer; however if you do so, you may limit your experience on that Web Site, including finding pricing and availability of products and services in your area from our Web Site. You can set your browser to delete cookies or to tell you before you accept one.
OCA is not responsible for the practices, including the use of cookies, employed by Web Site linked to or from our Web Site or for the content contained therein. The other Web Site and services you are able to access on the Internet are outside the control and limits of this Privacy Policy.
The Web Site may use other log technologies such as Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp and number of clicks to analyze trends, administer the site, track user movement in the aggregate and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. The Web Site and emails or communications may also use technologies, including automatic data collection technologies, such as pixel tracking or web beacons. Accordingly, pages of our Web Site and our emails may contain small electronic files (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit OCA or third parties to, for example, count users who have visited those pages or open emails and for other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity). The above list of technologies is not intended to be exhaustive. We may use additional or alternative technologies in the future, whether similar to the foregoing or otherwise.
Use of Your Confidential Personal Information
We may use your Confidential Personal Information to, for example, provide you with and manage the products or services you request, communicate with you to maintain good customer relations or to suggest new products or services that may be of interest to you, personalize the content we deliver, conduct industry or consumer surveys, manage, improve and troubleshoot our network and services, enforce any contract with you, or for any purpose otherwise permitted or required by law.
When you want to set up an account with OCA, in order to determine your credit worthiness, we may use your Confidential Personal Information to request a credit report from a credit-reporting agency.
OCA uses the information collected on its Web Site to provide you with the information you requested. When you use our Web Site to order products or services, or to request information about them, we may use the information we have about you as we would use the same information obtained offline—for example, to evaluate your service needs and contact you regarding additional services you may find useful. You may also submit applications for employment online, and we will use the information you provide to consider you for employment.
There may be instances when OCA may access or disclose Confidential Personal Information without notice or your consent in order to: (i) protect or defend the legal rights or property of OCA, our Affiliates or our/their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of customers or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process such as a subpoena.
OCA may share or sell information we have collected about you, including information that has been anonymized or aggregated in a manner that renders it unidentifiable with you, to Third Parties for marketing, research and other purposes. If we obtain Confidential Personal Information from a Third Party, our use of that information is also governed by this Privacy Policy.
Collection and Use of Children’s Confidential Personal Information
OCA’s Web Site and services are intended for general audiences and is not directed to children under 16. OCA does not knowingly collect, maintain or process Confidential Personal Information, or any information, submitted by children under the age of 16 to the Web Site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the Web Site or through any of its features, register on the Web Site, make any purchases on the Web Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we become aware that a child under 16 has provided personal information through the Web Site without parental consent, we take steps to remove such information. If you become aware that a child has provided us with personal information without parental consent through the Web Site, please contact us through the contact section of the Web Site, or otherwise.
Sharing of Your Confidential Personal Information
OCA may share Confidential Personal Information for purposes permitted by law without your consent such as to help initiate, render, bill, and collect for its products and services.
Your Confidential Personal Information may be shared with Affiliates and Third Parties for the purposes of marketing our products and services. If OCA sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, OCA may transfer your Confidential Personal Information to the party or parties involved in the transaction as part of that transaction.
Accessing Your Confidential Personal Information
OCA takes commercially reasonable measures to assure that the Confidential Personal Information we use about you is accurate, complete, and up-to-date. We make commercially reasonable efforts to provide you with access to your Confidential Personal Information either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Customers who wish to review and/or edit their Confidential Personal Information, in a reasonable fashion and to the extent available, may do so by contacting us. We may decline to process requests for information that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Communication Preferences
If you do not want OCA to use your Confidential Personal Information to contact you for marketing or solicitation purposes (excluding notices about your existing account), you may request that such contact cease as described herein or through other methods we may specify from time to time. When writing to us, please specify which contact methods (phone calls, mail, bill inserts, or email messages) you would prefer that we do not use to communicate to you for the purposes outlined above. Keep in mind that restricting contact methods may make it more difficult for us to keep you informed about new products and services that can be of benefit to you. These choices do not apply to the display of online advertising or the receipt of mandatory service communications that are considered part of certain OCA services, which you may receive periodically unless you cancel the applicable service.
California law permits users of our Web Site who are California residents to request certain information regarding our disclosure of personal information to Third Parties for their direct marketing purposes. To make such a request, please contact us.
If you request to not be contacted by phone for marketing or sales purposes, please note that the OCA Do Not Call List restricts these types of phone contacts from the Center only, so you may continue to receive calls from other companies. If you would like to add your number to the National Do Not Call List, you may do so by calling 1-888-382-1222 or going online at www.donotcall.gov.
Security of Your Confidential Personal Information
OCA takes security safeguards it deems reasonable to protect against such risks as loss or unauthorized access, destruction, use, modification, or disclosure of Confidential Personal Information. The limitations of liability set forth in this Privacy Policy apply, for avoidance of doubt, to any disclosure of information not otherwise protected by law or separate contract.
LINKS
The OCA Web Site may contain links to other Web Site (“Linked Sites”). The Linked Sites are not under the control of OCA and OCA is not responsible for the privacy policies, terms and conditions of use, or contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OCA is not responsible for webcasting or any other form of transmission received from any Linked Site. OCA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OCA of the site or any association with its operators. OCA is not responsible for content of any such websites. OCA encourages you to familiarize yourself with the privacy policy and terms and conditions of use of these linked websites. If you agree to provide personal information to other companies who provide content for various parts of our website, that information will be subject to the other companies’ privacy policies.
THIRD PARTIES
Certain performances at OCA are produced or presented by third parties. Examples of these third parties include without limitation the Madison Opera, Madison Symphony Orchestra, Madison Ballet, Wisconsin Chamber Orchestra, Kanopy Dance, CTM Madison Family Theater, Li Chiao-Ping Dance Company, Wisconsin Academy of Sciences, Arts and Letters, Madison Museum of Contemporary Art, among others. When you make a purchase via the OCA box office to a performance presented or produced by one of these Third Party organizations, in addition to any other uses as provided for or otherwise allowed hereunder, OCA will provide them with the information regarding you and your purchase. This information may include, but shall not be limited to, your name, address, telephone number and email address, as well as details of your purchase, which may include, but shall not be limited to, the date you purchased your tickets, any offer you responded to, the locations of your seats, and the dollar amount of your transaction. Your personal information may be used by us (or Affiliates or third parties engaged by us) to, among any other uses as allowed by this Privacy Policy or applicable law: (1) customize the advertising and the content that you see, (2) fulfill your requests for products and services, (3) contact you, (4) conduct research, (5) respond to subpoenas, court orders or legal process, and (6) establish or exercise our legal rights or defend against legal claims.
DONORS
Founded on January 1, 2012, the Overture Center Foundation, Inc. is a 501(c)(3) Wisconsin corporation that receives, invests and distributes private contributions for the benefits of its programs. OCF may apply privacy policies that differ from this Privacy Policy, such as applying a stewardship protocol that includes confidentiality of applicable donor information.
DMCA
For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2), OCA has designated an agent for notification of claimed infringement as follows:
Overture Center for the Arts
201 State Street
Madison, WI 53703
Attn: General Counsel
OCA provides the above contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to OCA that you will not use the Web Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices set forth in this Privacy Policy or on the Web Site. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with OCA’s products or services, or any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OCA AND/OR ITS AFFILIATES OR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. OCA AND/OR ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OCA AND/OR ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCA AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED PRODUCTS OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OCA OR ANY OF ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
TERMINATION/ACCESS RESTRICTION
OCA reserves the right, at its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OCA or any of its suppliers as a result of this agreement or use of the Web Site. OCA performance of this Privacy Policy is subject to existing laws and legal process, and nothing contained in this Privacy Policy is in derogation of OCA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by OCA with respect to such use. If any part of this Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in effect. Unless otherwise specified herein, this Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OCA with respect to the Web Site. A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Privacy Policy and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web Site are: Copyright © OCA or, as applicable, its Affiliates or suppliers. The institution names, exhibition names, and other trademarks, logos, and service marks are trademarks of OCA or the respective owners. All rights reserved. Nothing in this Privacy Policy or the Web Site transfers, licenses, or otherwise alters any intellectual property right of OCA or its Affiliates. Any unauthorized use of copyrighted or trademarked materials, or any other intellectual property, is strictly prohibited.
THIRD-PARTY TRADEMARKS/COPYRIGHTS/PERFORMER NAMES
The names of actual companies, performers, products or services mentioned herein, or on the Web Site, may be the trademarks of their respective owners. For purposes of this Privacy Policy, the term “suppliers” includes, for avoidance of doubt, any performers or artists providing services at OCA locations or through, or with the assistance of, OCA. Except to the extent allowed by law, such as through fair use or use of material in the public domain or under an applicable open source license, you may not copy, distribute, modify, transmit, download, or otherwise use the contents of the Web Site for commercial purposes without the express prior written permission of OCA. It is your sole responsibility to identify and obtain any necessary third-party permissions, if any, required to use images or data designated public domain or otherwise. You agree to fully indemnify and hold harmless OCA and its trustees, officers, employees, and agents against any and all claims, demands, liabilities, damages, and/or expenses of any nature, including without limitation reasonable attorney fees, arising out of or related to your use of any text, image, audio or video clips, or any other content or materials on the Web Site.
OPT-OUT POLICY
OCA will use email addresses and other personally identifiable information to contact visitors or other persons who communicate with OCA. For example, we email visitors who provide us with their email addresses for specific purposes such as receiving our email newsletters. After gathering any user information, OCA may offer users the opportunity to remove their information from our database so as not to receive future communications or to no longer interact with the Web Site until they later chose to. Email communications will generally contain instructions on how to discontinue receipt. If you at any time choose to no longer receive such information and opt-out from future mailings, you will generally have a reasonable opportunity to do so.
CHOICE OF LAW AND JURISDICTION
This Privacy Policy and any other OCA terms of service are governed by the laws of the state of Wisconsin without regard to its conflicts of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts with jurisdiction over Dane County, Wisconsin for any dispute arising out of or relating to this Privacy Policy or any such terms; each party further consents to personal jurisdiction in such courts.