Broadway Across America

PRIVACY POLICY

Effective Date: October 23, 2009

INTRODUCTION

This Privacy Policy applies to the various web sites (the "Sites") (however accessed and/or used, whether via personal computers, mobile devices or otherwise), which are owned and controlled by Key Brand Entertainment, Inc. ("BAA" or "we," "our," or "us"). This Privacy Policy also applies to interactive features or downloads that are owned or operated by BAA, are available through the Sites or that interact with the Sites and post this Privacy Policy. This Privacy Policy covers information collected at the Sites and does not cover any information collected at any other web site or offline by BAA (unless specifically stated). This Privacy Policy explains BAA's information collection practices at the Sites, such as the types of information BAA collects regarding visitors to the Sites and how we may use that information. Please review this Privacy Policy carefully. In addition, please review the Sites' Terms of Use, which governs your use of the Sites.

Table of Contents

1.  What Information Do The Sites Collect?

(a) Information You Provide To Us
(b) Information We Collect As You Access And Use The Sites
(c) Information Third Parties Provide About You
(d) Information You Provide About A Third Party

2.  How Do We Use The Information Collected?

3.  How and When Do We Disclose Information To Third Parties?

(a) When You Agree To Receive Information From Third Parties
(b) Third Parties Providing Services On Our Behalf
(c) Co-branded Areas
(d) Sweepstakes, Contests And Promotions
(e) Administrative and Legal Reasons
(f) Business Transfer

4.  What About Information I Disclose Publicly?

(a) User Generated Content, Social Networking and Public Information
(b) Name and Likeness

5.  Does Third Party Content And Links To Third Party Sites Appear On The Sites?
6.  Are There Third Party Ads Served On The Sites?
7.  How Do I Change My Information And Subscriptions?
8.  What About Consent To Transfer Information To The United States?
9.  What Should Parents Know About Children?
10.  What About Security?
11.  What About Changes To The Privacy Policy?


1. What Information Do The Sites Collect?

(a) Information You Provide To Us

Personal Information and Demographic Information. We may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, birth date, credit card number, mobile phone number and physical address ("Personal Information"); and (2) demographic information, such as gender, zip code, or similar information ("Demographic Information"). We may collect this information through various forms and in various places on the Sites, including account registration forms, e-mail newsletter or mobile alert sign-ups, when you purchase tickets or when you submit information, communicate or otherwise interact with us. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

(b) Information We Collect As You Access And Use The Sites

Usage Information. In addition to any Personal Information, Demographic Information or other information that you choose to provide to us on the Sites, we and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Sites ("Usage Information"). This Usage Information may include your browser type, operating system, the page served, the time of day, and the preceding page view, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites. In addition, we may collect your IP address or some other unique identifier for the particular device you use to access the Internet (collectively referred to as a "Device Identifier"), as applicable. A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Internet, and our computers identify your device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with you, we will treat it as Personal Information. The methods that may be used to collect Usage Information include the following:

Cookies. A cookie is a data file placed on a computer when it is used to visit the Sites. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Sites. You may disable cookies using your browser's preferences, but some features of the Sites may not function properly or may operate slowly if you disable the cookies.

Web Beacons. Web beacons are small graphic images or other web programming code (also known as “1x1 GIFs” or “clear GIFs"). We may include web beacons in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Mobile Device Identifiers. Mobile device identifiers are used by certain mobile service providers to uniquely identify mobile devices. We or our third-party service providers may receive such device information if you access the Sites through mobile devices. Certain features of our Sites may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links on which you click. The code is temporarily downloaded onto your computer or mobile device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.

(c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect about you online with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Sites. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

(d) Information You Provide About A Third Party

If you send someone else a communication from the Sites, such as sending an article to a friend or information about a Broadway show, we use the information you provide (typically, names and e-mail addresses) on a one-time basis to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person.


2. How Do We Use The Information Collected?

Use of Information by BAA. BAA may use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive, including, to fulfill ticket purchases, to send you electronic newsletters and mobile alerts, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Sites' features such as online and text entry sweepstakes and blogs; (3) to process your registration with the Sites, including verifying your e-mail address is active and valid; (4) to improve the Sites or our services, to customize your experience on the Sites, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the Sites and, in our discretion, changes to the Sites and/or Sites' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Sites via a "contact us” or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.


3. How and When Do We Disclose Information to Third Parties?

BAA may share non-personally identifiable information, such as aggregated user statistics, with third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

(a) When You Agree To Receive Information From Third Parties.

You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree (or do not decline) to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from third parties. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) Third Parties Providing Services On Our Behalf.

We may use third party vendors to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites' features, tracking Site analytics, enabling you to purchase tickets to events and enabling BAA to send you e-mail and mobile alerts or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for BAA.

(c) Co-branded Areas.

Certain areas of the Sites may be provided to you in partnership with third parties ("Co-Branded Areas") and may require you to disclose Personal Information in order to register for and access products and/or services. Such Co-Branded Areas will identify the third party partners. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both BAA and the third party partners. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your Personal Information may be disclosed to the identified third party partners for that Co-Branded Area and will be subject to the posted privacy policies.

(d) Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Sites that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

(e) Administrative and Legal Reasons.

We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Sites'
Terms of Use or other policies applicable to the Sites; or (iv) to protect the personal safety, rights, property or security of any individual. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

(f) Business Transfer.

BAA may share Personal Information with its subsidiaries and affiliates for internal reasons. BAA also reserves the right to disclose and transfer all information related to the Sites, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of BAA's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.


4. What About Information I Disclose Publicly?

(a) User Generated Content, Social Networking and Public Information.

The Sites may permit you to submit ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through the Sites, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content or social networking activities. Please note that BAA does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Sites. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Sites.

(b) Name and Likeness.

We may also publish your name, voice, likeness and other Personal Information with other User Generated Content (or any portion of the content), and BAA may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to the Sites, please review our
Terms of Use.

5. Does Third Party Content And Links To Third Party Sites Appear on the Sites?

The Sites may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when web pages from the Sites are served to your browser. In addition, when you are on the Sites you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party sites. For example, if you "click" on a banner advertisement, the "click" may take you off the Sites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. BAA encourages you to note when you leave our Sites and to read the privacy statements of all third party web sites before submitting any Personal Information to those sites.


6. Are There Third Party Ads Served On The Sites?

We may use information about you and your visits to the Sites in order to serve advertisements to you on our web pages. We may also use a third party advertising company to serve ads to you and may use a traffic measurement service to analyze traffic on the Sites. Third party advertising companies are third parties that display advertisements based on your visits to the Sites and other web sites you have visited. We or our third party advertising or traffic measurement companies may note the pages you visit on the Sites through the gathering and use of Usage Information (e.g., via cookies, web beacons and embedded scripts) and we or our third party advertising companies may use that information to target advertisements to you or for market research. We may share non-personally identifying Usage Information about visitors to the Sites with third party advertising companies for the same purposes and we may share such information with traffic measurement services. Collection and use of this information by third parties is governed by each third party's specific privacy policy, not this one. We may use a variety of companies to serve advertisements on the Sites; you may wish to visit
http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the "opt-out" procedures of certain of the third party ad servers we may use.

7. How Do I Change My Information And Communication Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Sites allow you to review, correct or update Personal Information you have provided through a Sites' registration form or otherwise. BAA will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may cancel or modify your communications that you have elected to receive from the Sites by following the instructions contained within an e-mail or mobile alert that you receive from us. If you have any questions about (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) this Privacy Policy, you should e-mail
privacy@broadwayacrossamerica.com.

8. What About Consent To Transfer Information To The United States?

The Sites are operated in the United States and intended for users located in the United States and Canada. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Sites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.


9. What Should Parents Know About Children?

The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).


10. What About Security?

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Sites and provide us with your information at your own risk.


11. What About Changes To The Privacy Policy?

BAA reserves the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, BAA will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.