1. Who We Are.
1.1 PartyShark Services.
Welcome to PartyShark! with its principal place of business at 2424 SE Bristol ST #300 Newport Beach, CA 92626, USA (collectively, “PartyShark” “Company” “We” or “Us” ).We are a party planning and ticketing platform dedicated to bringing the world together through live experiences. Through our platform, mobile app and services, we enable people in the USA to create, find, share, and register for events.
This Privacy Policy ("Policy") lets you know how PartyShark collects and uses your Personal Information, how you can control its use, and describes our practices regarding information collected from our website, computer or mobile applications, and social media pages and HTML-formatted e-mail messages (collectively “Site” or "Services").
Before you submit any information on or through the Services or Site or account portal or use the Services, please carefully review this policy. You acknowledge and understand that, by using any part of the site or Services, your continued use of the Services or Site, and/or continued provision of information to us will be subject to the terms of the then-current Privacy Policy.
This policy applies to information we collect:
- On this Website and Services.
- In e-mail, text and other electronic messages between you and this Website.
- Through our Mobile Application and Software.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
By accessing or using the Site and/or Services, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Service
.Information for California consumers can be found in section 10 “California Consumer Privacy Act.”
1.2 Who's Who.
When this Privacy Policy uses the term "Host" we mean event creators using the Services to create events for Party-Goers using our Services (a) to consume information about, or attend, events ("Party-Goers"), or (b) for any other reason. Hosts, Party-Goers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your".
2. Our Privacy Statement.
2.1 Application.
This Privacy Policy sets forth our policy with respect to information that can be associated with or which relates to a person and/or could be used to identify a person ("Personal Data") that is collected from Users on or through the Services. This policy also covers personal data collected from PartyShark sales, customers, and prospects. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.
"Non-Personal Data" as used in this Privacy Policy is therefore any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data.
3. Personal Data That We Collect.
When you use or interact with us through the Services or engage with PartyShark as a sales customer or prospect, we may collect Personal Data. Sometimes this will be on our own behalf to support the experience and other times this will be on behalf of a Host using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below.
3.1 Information Collected From All Users.
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you join PartyShark to access the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, phone number, email address and any other information that you choose to provide and/or that enables Users to be personally identified. Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services ("Automatic Data"). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device, information about how you came to the Services and data collected through Cookies, Tags and other similar technologies. When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such an instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
3.2 Information Collected From Vendors and Hosts.
If you are a Vendor or Host we will collect additional Personal Data from you. Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information) as necessary to facilitate payments and information required for ID verification and/or tax purposes (e.g., your taxpayer identification number). Information we obtain from other sources: We may also collect or receive Personal Data including your name, email address and other contact information from third party sources, such as third party websites and marketing partners, your bank, our payment processing partners and credit reporting agencies.
3.3 Information Collected From Party-Goers.
If you are a Party-Goer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of a Host
.Information you provide via PartyShark Properties or Applications: If you register for a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. When you register for, or otherwise provide information to PartyShark in conjunction with a Host event or activity, whether that information is yours or a third party’s, in connection with a purchase, registration, or transfer, that Host will receive certain information you provide if you allow it. Financial information and certain elements of PII provided are never shared with a Host.
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.
3.4 Information Collected from Sales Clients and Leads
If you engage with the PartyShark sales team we may collect the following: your name, email, address, phone number, and other professional contact information. If you engage with the sales team and consent to recordings, the sales team may collect audio and/or video recordings of you.
4. How We Use Your Personal Data.
We collect and use the Personal Data we collect in a manner that is consistent with this Privacy Policy, and applicable privacy laws. We may use the Personal Data as follows:
4.1 Specific Reason.
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
4.2 Access and Use.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.
4.3 Internal Business Purposes.
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
4.4 PartyShark Marketing.
We may use your Personal Data for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, and display media. We do this in order to inform you about services or events we believe might be of interest to you, develop promotional or marketing materials and display PartyShark or event-related content and advertising on or off the Services that we believe might be of interest to you. If you no longer want your Personal Data to be used for these purposes please contact us at privacy@PartyShark.com.
4.5 Host Communication.
We allow Hosts to use our tool to contact Party-Goers for their current and past events, so you may receive messages from our system that originate with such Hosts.
4.6 Use of Interest-Based Data
We sometimes make inferences about the type of events or activities you may be interested in. We may use these inferences to help target advertising or customize recommendations to you, including on behalf of Hosts.
4.7 Activity Related Data
PartyShark uses Host, Party-Goer, and other activity related data to power a proprietary algorithm it uses to rank its users.
4.8 Payment Related Data
Be advised that if we collect payment from you of any kind that we will utilize the services of a third party payment processor to facilitate your payment by credit card. We do not store any credit card and/or financial information on our servers. Your financial information will be stored on the servers of Stripe. See Stripe’s Privacy Policy. https://striple.com/privacy. We will only use your credit card and/or financial information for all secure payment transaction processing. We do store a record of the payment transaction, including the last 4 digits of the credit card number, for account history, invoicing, and billing support. We also store your billing address to calculate any sales tax due in the United States, to maintain records that may be used for investigations of potentially fraudulent credit card transactions, and to print on your invoices. We may collect commercial information such as your purchase history, including records of products or services you have purchased, provided, returned, or are considering purchasing from us.
4.9 Other Purposes.
If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.
4.10 Aggregated Personal Data.
In an ongoing effort to understand and serve our Users better, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once Personal Data is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Data.
5. How We Disclose And Transfer Your Personal Data.
5.1 Business Transfers.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. We may also disclose your Personal Data in the course of due diligence for such an event. You acknowledge and agree that any successor to or acquirer of PartyShark (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
5.2 Parent Companies, Subsidiaries and Affiliates.
We may also share your Personal Data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.
5.3 Agents, Consultants and Service Providers.
We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of PartyShark to perform certain business-related functions. These companies include our marketing agencies, online advertising providers, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, payment processing partners, customer support, tech support, hosting companies and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, only as needed and in connection with their performance of such functions.
5.4 Hosts.
Only limited Party-Goer information is shared with the host of events you attend. No payment information is ever shared. In the event that you share information directly via chat or outside of the app and/or services provided, you are responsible for that.
5.5 Meta, Social Media and Other Third Party Connections.
a. Connecting Your PartyShark Account to Social Media Services. You can connect your PartyShark account to your accounts on third party services like Instagram, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy.
b. “Liking” or “Following” PartyShark on Social Media. In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We likewise may collect your information if you sign up for one of our promotions or submit information to us through social media sites.
5.6 Legal Requirements.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
5.7 To send you informational and promotional content that you may choose (or “opt in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions that are included in every email.
5.8 For promotional use of our Services to you. Specifically, if you provide your Personal Information when you use our App or visit our Website and decide not to sign up for any of our Services, we might send you an email asking you to sign up for some of our Services. If you use any of our Services and we believe you might benefit from using another Service we offer, we might send you an email about that specific offer. You can stop receiving our promotional emails by following the unsubscribe instructions that we include in every email we send to you. In addition, we might use information we collect in order to advertise our Services to you or suggest additional features of our Services that you might want to use.
5.9 To communicate with users about their accounts and provide customer support and related information about customer/member accounts.
5.10 To send you System Alert messages. We may need to inform you of any temporary or permanent changes to our Services, such as planned outages, new and additional features, version updates, releases, abuse warnings, and/or changes to our Privacy Policy.
5.11 To enforce compliance with our Terms of Service and applicable laws.
5.12 To protect the rights and safety of our Customers, users and third parties, as well as our own.
5.13 To meet legal requirements, including complying with subpoenas, court orders, discovery requests, and other legal matters.
5.14 To provide support and improve the Services we offer. This may include our use of the data
5.15 To provide suggestions to Users.
5.16. We may transfer Personal Information of you to companies that assist PartyShark in providing or supporting our Services. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you. We may share this information with third parties consistent with the approved uses above.We will retain Personal Information we process on behalf of our Users for as long as needed to provide our Services or to comply with our legal obligations, to prevent abuse, or to enforce any of our agreements.
5.17. We do not rent or sell your Personal Information in personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described above. We may also share your Personal Information with third parties as described above.
6. How We Store Your Personal Data.
We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the Personal Data collected via the Services from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.
7. How You Can Access, Update, Correct or Delete Your Personal Data.
You can access or delete your Personal Data stored by us. If you are a registered User, you can do this by logging in and submitting an issue for it or by emailing us at privacy@partyshark.com.
If a Party-Goer initiates a data deletion request, PartyShark is authorized to delete or anonymize Personal Data of the requesting Party-Goer from the Services even if that means removing its availability to the Host through the Services.
8. Cookies
PartyShark does not currently use cookies.
9. Your Choices.
You have several choices available when it comes to your Personal Data:
9.1 Limit the Personal Data You Provide.
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services.
9.2 Opt Out from Electronic Communications.
(a) PartyShark Marketing Communications. Where it is in accordance with your marketing preferences, PartyShark may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also "opt out" of receiving these electronic communications by clicking on the "Unsubscribe" link at the bottom of any such electronic communication.
(b) Transactional or Responsive Communications. Certain electronic communications from PartyShark are responsive to your requests. For instance, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system, you will no longer receive any updates on events you have created (including payout issues) or on events you are registered to attend. We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organizing an event, and will have no need to receive further communications from us or through our system.
(c) Retention. It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Hosts who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so.
10. Do Not Track.
We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.
11. Exclusions.
11.1 Personal Data Provided to Others.
This Privacy Policy does not apply to any Personal Data that you provide to another User or visitor through the Services or through any other means.
12. International Privacy Laws.
If you are visiting the Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
13. Changes To This Privacy Policy.
The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, "Modifications"). Modifications to this Privacy Policy will be posted to the Site with a change to the "Updated" date at the top of this Privacy Policy. In certain circumstances PartyShark may, but need not, provide you with additional notice of such Modifications, such as with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you.
Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.
14. Personal Data Retention
We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it's been inactive for seven (7) years.
Information for California residents
Scope. This section applies only to California residents entitled to receive the information in this section under the California Consumer Privacy Act of 2018 ("CCPA"). It describes how we collect, use, and share Personal Information of California residents when we act as a "business" as defined under the CCPA, and their rights with respect to their Personal Information. For purposes of this section, "Personal Information" has the meaning given in the CCPA but does not include information excluded from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.
Your California privacy rights.
As a California resident, you have the rights listed below.
Information. You can request the following information about how we have collected and used your Personal Information:
- The categories of Personal Information that we have collected
- The categories of sources from which we collected Personal Information
- The business or commercial purpose for collecting Personal Information
- The categories of third parties with whom we share Personal Information
- Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient
- Whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can request that we delete the Personal Information that we have collected from you.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of any unlawful denial of service, increase in the price of services, decrease in service quality, or suggestion that you may be penalized for exercising your rights.
We do not sell your Personal Information
Based on our understanding of the term "sell" under the CCPA, we do not sell personal information to third parties and have not sold Personal Information during the twelve months preceding the "last revised" date of this Privacy Policy. However, like many companies online, we use services provided by Google, Facebook, and others that help deliver interest-based ads to you.
How to exercise your rights
You can request to exercise your information, access, and deletion rights by contacting us at Support@PartyShark.com
We may decline your request where required or permitted by law. We will need to confirm your identity to process your requests and we reserve the right to confirm your California residency as well. Government identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You should transmit your government-issued identification or any other sensitive information to us only as instructed. Email is not a secure means of communication and you should not email your government-issued identification or any other sensitive information to us.
This Policy does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Us or any third party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
We do not participate in the E.U. - U.S. and Swiss - U.S. Privacy Shield Frameworks and do not comply with the Privacy Shield Principles.
As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from anyone under age 18, we will delete that information as quickly as possible. If you believe that anyone under the age of 18 may have provided us personal information, please contact us at: Support@PartyShark.com
Special Rules For Children.
Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services may require the submission of PayPal payment information along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such a feature.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in compliance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can Follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.
15. Your rights.
Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
For the most part, you can exercise these rights by logging into the app or sending us an email.