Privacy Policy

Last Modified: July 10, 2023

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Aspen Artists Group is committed to ensuring that your privacy and personal data are protected. This Privacy Notice, together with our terms of use, sets out how the Aspen Artists Group companies use and protect any personal data that you give us, including when you visit our website, use one of our applications (app), register as a Aspen Artists client or join a live event.

By visiting this website or using one of our apps, you are accepting and consenting to the practices described in this privacy policy. You can withdraw consent at any time by writing to us at powder@aspenartists.com. Aspen Artists may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Who we are: Aspen Artists Group (“Aspen Artists”) comprising of Aspen Artists Group LLC, the parent company and its directly and indirectly controlled affiliated companies. Aspen Artists Group LLC is a Colorado limited liability company in the United States of America.

This privacy notice is issued on behalf of all of the Aspen Artists Group companies so when we mention “Aspen Artists“, “we“, “us” or “our” in this privacy notice, we are referring to the relevant company in the Aspen Artists Group responsible for processing your data as well as the relevant company in the Aspen Artists Group responsible for controlling your personal data.

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DATA CONTROLLER

WMG Management Europe Limited an English company (number 03584251) with its registered office at 71-91 7^th Floor, Aldwych House, Aldwych, London, England, WC2B 4HN, United Kingdom (“WMG”) is the main Controller and responsible for the processing of your data in the United Kingdom.

1.) About Our Privacy Notice

Our Privacy Notice:

• sets out how Aspen Artists uses and protects any personal data that you give us;
• describes our collection, use, disclosure, retention and protection of your personal information;
• sets out how we look after your personal data when you visit any website, application or service which references it;
• covers all apps and services offered by Aspen Artists Group that we are responsible for and which you may purchase from us (regardless of where you visit them from);
• covers any of our applications or services that do not have a separate privacy notice for which we are responsible for controlling or processing personal data; and
• will tell you about your privacy rights and how the law protects you.

It is important that you read this privacy notice together with any other specific privacy notice or fair processing policy we may provide on specific occasions, (such as your becoming a customer), when we will collect or process personal data about you. This is so that you are fully aware of how and why we are using your data.

We have appointed a data protection officer (“DPO”) Mathew Byway of Alphacello who is responsible for overseeing questions in relation to Our Privacy Notice.

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Data Protection Legislation

Our privacy notice complies with the General Data Protection Regulation (EU 2016/679) (“EU GDPR”) as well as the retained EU law version of the EU GDPR (the “UK GDPR”) and the Data Protection Act 2018 (together the “Data Protection Legislation”) as at the above date of Our Privacy Notice.

Data Controller/Data Processors: Aspen Artists Group is made up of different legal entities. Our Privacy Notice is for the relevant company in the Aspen Artists Group responsible for processing your data.

Where you provide us with your personal information in any of the ways described below, you agree that we may collect, store and use it:
a) in order to perform our contractual obligations to you;
b) based on our legitimate interests for processing your data (such as for internal administrative purposes, data analytics and benchmarking, direct marketing, maintaining automated back-up systems or for the detection or prevention
of crime); or
c) based on your consent, which you may withdraw at any time, as described in Our Privacy Notice.

2.) The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. (Can also include Sensitive Data relating to confidential, private and medical details).

Demographic Data includes preferences and interests.

Contact Data includes name as well as billing address, delivery address, email address and telephone numbers.

Financial Data includes job titles, place of work, bank account and payment card details, correspondence and similar data that might identify a person.

Content Data includes information stored on your Device, including login information, photos, videos or other digital content, check-ins.

Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website, (namely Device Data below).

Device Data includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, and time zone setting.

Profile Data includes your interests, preferences, feedback and survey responses.

Usage Data includes details of your use of any of our applications or your visits to our website including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. Also includes Cookie Data (see our Cookie Policy)

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences or other information relevant to customer surveys or offers.

We may enhance personal information we collect from you with information we obtain from third parties that are entitled to share that information; for example, information from sanction lists, credit agencies, search information providers or public sources (e.g. for customer due diligence purposes) but in each case as permitted by applicable laws.

We may monitor and record our communications with you.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific application feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with Our Privacy Policy.

We do not collect any Special Categories of Personal Dataabout you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). However we may collect information about criminal convictions and offences.

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Providing us with information about others

If you provide us with personal information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. In so far as required by applicable data protection laws, you must ensure that you have provided the required notices and have obtained the individual’s explicit consent to provide us with the information and that you explain to them how we collect, use, disclose and retain their personal information or direct them to read our Privacy Notice.

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If you fail to provide personal data

Where we need to collect personal data by applicable law, or under the terms of an agreement we may have with you, and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you (for example, to provide you with access to our website, applications or services or extend credit to you). In this case, we may have to terminate any licence you have with us but we will provide you with prior written notice should this be the case at the time.

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3.) How is your personal data collected?

We use different methods to collect data from and about you including through:
– Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms (by paper or electronically on our apps or website), or by corresponding with us (for example, by post, phone, email, chat or otherwise). It includes information you provide when you register to use our website, download or register an application, apply for our products or services (or those of our clients/third parties), when you enter or apply for tickets at an event, subscribe to any of our services, search for an application or service, make an in-app purchase, share data via an application’s functions, enter a competition, promotion or survey, or and when you report a problem with our services, our website or give us some other feedback. If you contact us, we will keep a record of that correspondence.
– Information we collect about you and your device. Each time you visit our website or use one of our applications or services we will automatically collect personal data including Technical, Device, Content and Usage Data. We collect this data using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
– Information we receive from other sources including third parties and publicly available sources. We may receive personal data about you from various third parties and public sources such as analytics providers like Google, advertising networks, credit agencies or search information providers as set out below:
• Device Data from the following parties:
• analytics providers such based inside or outside the UK;
• search information providers based inside or outside the UK.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services
• Identity and Contact Data from data brokers or aggregators based inside or outside the UK;
• Identity and Contact Data from publicly available sources such as Companies House and the electoral register based inside the UK; and

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4.) How we use your personal data

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We use your personal data when the law allows us to do so. Most commonly we will use your personal data to better understand your needs and provide you with a better service, and in particular for the following reasons:
– where we need to perform a contract we have with you or are about to enter into with you.
– where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
– where we need to comply with a legal or regulatory obligation.
– to improve our services and to customize our services, website or app according to your interest.
– to provide research and insights services for ourselves or to our clients, including feedback on live events, responses to marketing strategies, the public’s interest in activities.
– to send you promotional materials or newsletters about us or our clients (where you have opted in to such communications).
– where you have consented before the processing.

We may share your information with selected third parties, including: clients, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. We will get your express opt-in consent before we share your personal data with any company outside the Aspen Artists Group for marketing purposes.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email, SMS or text message. You have the right to withdraw consent to marketing at any time by contacting us using any preference centres we give you access to or by sending us an email to powder@aspenartists.com.

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Purposes for which we will use your personal data

We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:

Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which applications or services and offers may be relevant for you for marketing by us or by Aspen Artists Group companies. You may receive marketing communications from us if you have requested information from us or engaged with us for services and you have not opted out of receiving that marketing.

We may also share your information with our contracted third parties with whom we have data processing terms to carry out services for us on a subcontracted basis. We or they may wish to contact you for this purpose by telephone, post, SMS or email.

You have the right to withdraw that consent at any time by contacting us using any preference centers we give you access to or by sending us an email to powder@aspenartists.com. You can also unsubscribe from any email marketing using the links provided in the emails Aspen Artists Group may send to you.

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Cookies, Analytics and Traffic Data

For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

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5.) Disclosures of your personal data

For the purposes set out in Our Privacy Notice we may share your information with the parties set out below for the purposes set out above:
– Internal third parties such as any company within the Aspen Artists Group;
– External third parties such as our service providers and agents (including their sub-contractors) or third parties which process information on our behalf so that they may help us to provide you with the applications,
services and information you have requested or which we believe is of interest to you;
– External third parties to comply with our regulatory or legal obligations such as auditors, professional advisors, government departments, regulators, law enforcement agencies so that they may detect or prevent crime or
prosecute offenders, any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example in response to a court order)
– Specific third parties where you have a relationship with that third party, and you have consented to us sending information;
– External third parties for marketing purposes where you have consented or where there is a legitimate business interest;
– Specific third parties such as another organization to whom we may choose to sell, transfer or merge parts of our business or our assets. (If a change happens to our business, then the new owners may use your personal data
in the same way as set out in Our Privacy Notice); and
– Specific third party being another organization to whom we may transfer our agreement with you.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

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6.) International Transfers

We ensure your personal data is protected by requiring all our Aspen Artists Group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

Whenever we transfer your personal data out of the UK, Switzerland or EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
– We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For specific queries or concerns please contact us at powder@aspenartists.com;
– Any transfer within the Aspen Artists Group is protected by intra-group Data Transfer Agreements;
– Where we use certain service or hosting providers, we use specific contracts approved by the UK which give personal data the same protection it has in the EU or Switzerland;
– We endeavor to ensure that where your information is transferred outside of the EU or Switzerland by our service providers and hosting providers, appropriate measures and controls in place to protect that information in accordance with applicable data protection laws and regulations; and
– Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the UK and the US.

By using our website, applications or services or by interacting with us in the ways described in Our Privacy Notice, you consent to the transfer of your information outside the EU, Switzerland or UK where needed for the purposes set out in Our Privacy Notice. Please contact us if you want further information on the above at all.

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EU nationals or from another jurisdiction

If you are based within the EU, Switzerland or within another jurisdiction having similar data protection laws, in certain circumstances you have the following rights:

– the right to be told how we use your information and obtain access to your information;
– the right to have your information rectified or erased or place restrictions on processing your information;
– the right to object to the processing of your information e.g. for direct marketing purposes or where the processing is based on our legitimate interests;
– the right to have any information you provided to us on an automated basis returned to you in a structured, commonly used and machine-readable format, or sent directly to another company, where technically feasible (“data portability”);
– where the processing of your information is based on your consent, the right to withdraw that consent subject to legal or contractual restrictions;
– the right to object to any decisions based on the automated processing of your personal data, including profiling; and
– the right to lodge a complaint with the supervisory authority responsible for data protection matters in your country (e.g. in the UK, the Information Commissioner’s Office).

7.) Data security

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our applications, website or services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will do our best to protect your personal information, but we cannot guarantee the security of your information which is transmitted to our website via an internet or similar connection.

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8.) Data retention

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How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for example, in the UK it is for six years after they cease being customers for tax purposes.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

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9.) Your legal rights

Under certain circumstances, you have rights under the Data Protection Legislation in relation to your personal data, for example, you may be able to:

– request access to your personal data.
– request correction of your personal data.
– request erasure of your personal data.
– object to processing of your personal data.
– request restriction of processing your personal data.
– request transfer of your personal data.
– withdraw consent to processing of your data.

If you wish to exercise any of the rights set out above, please contact us at powder@aspenartists.com You will not have to pay a fee to access your personal data (or to exercise any of the other rights). If we hold any information about you which is incorrect or if there are any changes to your details, please let us know so that we can keep our records accurate and up to date.

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What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

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Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Glossary

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LAWFUL BASIS

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Aspen Artists Group acting as processors and who are based throughout the world and provide IT and system administration services and undertake leadership reporting.

External Third Parties

Service providers acting as processors based throughout the world who provide IT and system administration services.

Hosting providers acting as processors based throughout the world who provide IT and system administration services.

Professional advisors acting as processors or joint controllers including lawyers, bankers, auditors and insurers based throughout the world who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:
– Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
– Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you
provide to us.
– Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
– Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. If you object, this may affect our ability to provide certain services and/or solutions for your benefit. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
– Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

a) if you want us to establish the data’s accuracy;

b) where our use of the data is unlawful but you do not want us to erase it;

c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

– Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
– Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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Links to other websites

Our website or app may contain links to other websites of interest. However, once you have used these links to leave our site or app, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

Twitter

A number of our applications utilise Twitter and/ or other website’s APIs (Application Program Interfaces) in order to display tweets and/or other pieces of information or data acquired from third party websites. From time to time we will store this data for use in one of our apps. We will treat this data in exactly the same way as we do other data referred to in this privacy policy.

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Changes to Our Privacy Notice and your duty to inform us of changes

Our Privacy Notice is regularly reviewed and updated. This version was last updated on the date noted above.

If you would like to withdraw consent, or if you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

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Further Information and Our Contact Details

If you have any queries about how we treat your information, the contents of Our Privacy Notice, your rights, how to update your records or how to obtain a copy of the information that we hold about you, please contact our Data Protection Office (“DPO”) using the details set out below.

Email address: powder@aspenartists.com

Postal address: Aspen Artists Group, 106 South Mill Street, Aspen, Colorado 81611

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ICO

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

July 2023