PRIVACY POLICY

This Privacy Policy (the “Privacy Policy”) governs all websites, web properties (e.g., widgets and applications), and mobile applications (collectively the “Site”) owned and controlled by Kilburn Experiences 3 Canada Ltd., Kilburn Experiences 3, LLC, Kilburn Live, LLC, and Mattel, Inc., and their affiliates and subsidiaries (“Kilburn” “we,” or “us”). This Privacy Policy specifies the types of Personally Identifiable Information (PII), as defined below that we gather while you are visiting the Site, as well as ways in which we process and disseminate such PII.

​

Your privacy is important to us. We comply with the privacy laws and regulations of the United States of America and Canada. We make no representation that this Site is governed by the laws of other nations or that the Site or any part thereof is appropriate or available for use in other jurisdictions. Individuals who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. By using this Site, visitors from outside of the United States of America or Canada acknowledge that this Site is subject to U.S. laws and regulations or Canadian laws and regulations and waive any claims that may arise under their own national laws.

​

We reserve the right to change, modify, add, or remove provisions of this Privacy Policy. Any changes to this Privacy Policy will be posted here, and we encourage you to check back from time to time to ensure continuing familiarity with the most current version of our Privacy Policy. You can determine whether the Privacy Policy has been revised since your previous visit to the Site by referring to the “Last Updated” legend at the top of this page.

​

Please read this Privacy Policy carefully. Your use of this Site constitutes your acceptance to be bound by this Privacy Policy without limitation, qualification, or change. If at any time you do not accept all the terms and conditions contained herein, immediately discontinue use of this Site.

​

​

Information We Collect

We gather two basic types of information through the Site: “Non-Personally Identifiable Information” (or “Non-PII”) and “Personally Identifiable Information” (or “PII”). Non-PII is aggregated information, demographic information, Internet protocol addresses (IP addresses), and any other information that does not reveal your specific identity. PII is information that identifies or can identify you as an individual (such as a residential address, telephone number, or billing information).

Non-Personally Identifiable Information – When you visit and interact with the Site, Kilburn and third parties with whom we have contracted to provide services to us may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Site from four different sources: IP addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below).

IP Addresses and Web Logs – This Site’s web servers automatically collect the IP addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any PII. We use your IP address and the IP addresses of all users for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

Cookies – Kilburn, our affiliates, and our service providers may use a standard technology called a “cookie” to collect information about how you use the Site. Cookies reside on your computer and help the Site recognize your computer’s browser as a previous visitor. In addition, on occasion, our Site may also set a “session cookie,” which helps us administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires. If you do not want information collected through the use of cookies, you should modify your browser preference to provide you with choices relating to cookies. For example, if you use a standard browser, you should have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies, you may be unable to use certain Site services (e.g., those services that require you to log on to the Site in order to participate). For more information on modifying your browser preference, please refer to the documentation accompanying your browser.

Pixel Tags – Kilburn, our affiliates, and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.

Information You Voluntarily Provide – We may also collect certain information (e.g., your geographic location, your genre preferences, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.

Personally Identifiable Information – You may use many features of this Site without providing any PII. However, in order to take advantage of particular opportunities made available through the Site (for example, to access additional services provided by this Site such as concert updates, chat room forums and/or personalized content, contests, or promotions), we may require that you furnish PII to us such as your name, postal address, telephone number, fax number, email address, age, gender, credit card number or other payment account number, and health-related information (for example, physically disabled seating requests). Please keep in mind that you may also be providing PII when you submit comments through chat rooms, forums, message boards, or news groups, although we do not collect or use PII from these sources. We collect PII from you through the Site only when you voluntarily provide it. When you provide PII, the information may be sent to and stored on servers located in the United States of America and/or Canada.

 

How Information We Collect Is Used (Non-PII and PII)

Non-Personally Identifiable Information – Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Site, and pages viewed, as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of this Site. We may use non-PII information about you and other Site visitors on an aggregate basis to sell and deliver advertising, promotions, and content that we believe will be of interest to you.

In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose. For example, we may share information with advertisers or other third parties that are not part of the Kilburn family on an aggregate or other basis that does not disclose any of your PII.

In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII as long as it is so combined. This “combined” PII is not shared with third parties, except as described in this Policy.

Personally Identifiable Information –

Site: Kilburn may use PII you give us to better tailor your website experience to your interests, and to show you content you may be interested in, and to display the content according to your preferences. Your PII may also be shared among Kilburn companies and affiliates in order to enhance your experience on other Kilburn websites. To the extent we do so, we make sure that your PII receives the same level of protection throughout all Kilburn websites.

Communications: If you choose to opt-in (including by purchasing a ticket to any Kilburn production), your PII may be used for Kilburn companies and companies that have licensed content to any Kilburn companies for Kilburn productions (collectively, “WE Affiliates”) to send you communications with information about Kilburn Affiliates and their services and promotional material from some of their affiliates, vendors or advertisers. If at any time you prefer to no longer receive such marketing communications, please see the “Opt-In Policy” section below.
Administrative Matters: Kilburn reserves the right to contact you in the event of a change in the Site’s Terms of Use and/or this Privacy Policy or to notify you of other administrative matters in connection with the Site (e.g., contacting you to facilitate, complete or confirm a transaction). Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
Fulfillment of Requests: Kilburn may use your PII to fulfill the purpose for which such PII was provided (e.g., to confirm your registration or fulfill your purchase).

Facilitation of Transactions: Please note that, at times, forms on the Site may be pre-populated with your PII in order to facilitate a transaction between you and Kilburn.

Internal Business Purposes: We may also use your PII for our internal business purposes among Kilburn Affiliates, such as to target advertising, for data analysis, for audits, and for other internal purposes.

Shopping/Commercial Services: This Site may offer merchandise and/or ticket purchase services, which may be offered by us, our affiliates, or by one of our e-commerce vendors. To the extent the merchandise and/or ticket purchase services are offered by one of our e-commerce vendors, such e-commerce vendors will be collecting and using the PII you provide. For more information regarding your transactions with our e-commerce vendors, please refer to Section 4(b) below.

To the extent Kilburn is the entity offering the purchase services when you make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address, and other information related to such purchase (collectively, “Payment Information”) from you. We will use the Payment Information that you provide to charge you for your purchase and to fulfill your purchase. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).

Email This to a Friend: The Site may allow you to forward certain items posted on Site or links to Site features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party’s email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient’s email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties, and we do not use this PII for any purpose except to send this message (unless the recipient has already consented to such use of his/her PII).

Online Surveys/Sweepstakes and Contests: From time to time, we conduct online surveys and offer online sweepstakes or contests on the Site (each, a “Promotion”), and we may collect PII in connection with the same. The Promotion may be conducted by us or a third-party service provider with whom we contract. We may use your PII to contact you regarding your Promotion entry or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about WE’s use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.

How Personally Identifiable Information We Collect Is Disclosed:

Affiliate Communications: If you choose to opt-in (including by purchasing a ticket to any Kilburn production), we may sell and/or share your PII among other Kilburn Affiliates so that Kilburn Affiliates may send you announcements and notifications of events, products, or services that might be of interest to you. For further information, please see the “Opt-In Policy” section below.

Third Party Communications: If you choose to opt-in, we may also sell and/or share your PII with third parties to allow such third parties to send promotional communications to you. For further information, please see the “Opt-In Policy” section below.

Kilburn Service Providers: We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing, and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.

Public Forums and Other Interactive Features: Please be aware that when you disclose PII in a chat room, forum, message board, or news groups on the Site, the information may become public and accessible to all or a part of the Site community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting on such services, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the right, but have no obligation, to republish content posted in a chat room, forum, message board, or news group (including any PII contained therein) as further set forth in our Terms of Use Agreement.

In the event that you encounter any Site user who you believe is improperly collecting or using information about you or other users, please visit our Help Page to send us an email about such collection or use.

Online Surveys/Sweepstakes and Contests: We reserve the right to share PII collected in connection with Promotions with the third-party sponsors of any such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor’s or other third parties use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.

Compliance With Applicable Law: We may also access and disclose PII as needed to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of Kilburn, Site visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms of Use or other published guidelines.

Assignment: We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of WE’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Collection of Information By Third Parties

Co-Branded Pages – We may enter into relationships with “powered by” third-party vendors, advertisers, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy policy on any such co-branded page. Any PII that you provide when signing up at any co-branded page may be collected by, or shared with, such third party and will be subject to the third party’s privacy policy. We have no control over and are not responsible for the third party’s use of your PII. You should check the websites for each such third party for information regarding their privacy policies.

Transactions with E-Commerce Vendors and Advertisers – When you provide PII to one of our Site’s e-commerce vendors or advertisers, this transaction will occur in connection with the site of the e-commerce vendor or advertiser, not on the Site, and, as such, the PII you provide is collected pursuant to and controlled by the privacy policy of such e-commerce vendor or advertiser. Kilburn is not responsible for such parties’ privacy policies, and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.

Please be aware that at times, at the request of or on behalf of our e-commerce vendors or advertisers, Kilburn may “pre-populate” forms with your PII for your review and, if you so choose, for submission to such e-commerce vendors or advertisers. Accordingly, we encourage you to review each pre-populated form carefully before agreeing to submit your PII to determine who is seeking to collect your information and to familiarize yourself with the applicable privacy policy governing use of any PII collected about you.

Job Postings – If you choose to respond to a job posting on the Site, you may be directed to a third-party site (for example, a third-party site specializing in job postings, such as Monster.com). Any PII you provide will be collected by such third party and governed by the third party’s privacy policy. We have no control over, and are not responsible or liable for, such third party’s use of your PII. Please consult such third party’s privacy policy for information regarding their privacy practices.

The third party collecting your PII will share such PII with Kilburn so that Kilburn can review your information and, if applicable, respond to your query or job application. Please note that Kilburn has no obligation to respond to all queries or job applications submitted. Any PII that Kilburn receives from such third party will be treated in accordance with this Privacy Policy.

Third Party Advertising – The ads appearing on this Site are delivered to you by third-party advertisers. Non-PII about your visits to this Site, such as number of times you have viewed an ad, is used to serve ads to you. In the course of serving advertisements to this Site, our third-party advertisers may place or recognize a unique cookie on your browser.

Third Party Links – The Site may contain links to third-party Internet websites, which are not owned or operated by Kilburn. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by WE. If you provide any PII through any such third-party website, your transaction will occur on such third party’s website (not the Site), and the PII you provide will be collected by, and controlled by the privacy policy of that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites’ use of any PII that you provide to them. We strongly encourage you to become familiar with the privacy practices of those sites.

Opt-In Policy

Kilburn Communications – When you supply Kilburn with PII, from time-to-time, at Kilburn’s discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site Kilburn, Kilburn Affiliates, vendors, or advertisers. If you do choose to opt-in to receive such communications, we may, from time to time, send you marketing communications. If at any time you change your mind and no longer wish to receive marketing communications from us, you may opt-out of such marketing communications by using the link provided in our newsletters or commercial email messages to opt-out of receiving further marketing communications from us. If you do submit a request to opt out, we will implement this change in a reasonable time frame. Please be aware that your requested change will not be effective until we implement such change, and such requests will be implemented only in connection with your Site profile and will not impact any preferences you may have made to any other site controlled, owned, or operated by Kilburn or its affiliates.

Affiliate and Third-Party Communications – From time-to-time in Kilburn’s discretion, you may be provided with the opportunity to opt-in to receive offers directly from Kilburn, Kilburn Affiliates, and/or from third parties. If you do choose to accept any such offer(s) or you opt-in to Kilburn Affiliate communications by purchasing a ticket to any Kilburn production, any PII provided to Kilburn for such purposes may be shared with the applicable third parties / Kilburn Affiliates to allow them to provide you with such offers and communications. If you change your mind and would prefer that we no longer share your PII with Kilburn Affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by using the “Ask a Question” tab on our Help Page, and specifying which choice you are opting out from, provided, however, you may not be able to opt-out of certain third party offers that are displayed on our Site.
Allowing Kilburn to share PII with Kilburn Affiliates for their marketing purposes and/or Allowing Kilburn to share PII with third-party companies for their marketing purposes – Please note that if you opt-out as described above, (i) we will not be able to remove your PII from the databases of affiliates or third parties with which we have already shared your PII (i.e., to which we have already provided your PII as of the date that we implement your opt-out request), therefore you must contact such affiliates or third parties directly in order to opt-out of further marketing communications made directly from them or utilize the opt-out mechanisms set forth in their respective privacy policies or marketing messages; and (ii) you may still be presented new offers from Kilburn and/or Kilburn Affiliates or third parties while you are within the Site, including offers from those third parties which you have opted-out of receiving direct offers; but in connection with each new offer within the Site you will have the right not to accept such offers. In the event you receive an offer from a third party through our Site but choose not to accept it, your PII will not be shared.

Use of This Site by Children– The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide PII through the Site. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian’s consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at legal@kilburnmedia.com. If Kilburn determines that it has collected personal information of children under the age of 13, Kilburn will immediately delete such information and any accounts believed to be held by children under 13. Please see our Terms of Use for additional information regarding the use of this Site by minors.

Accessing, Updating, or Deleting Information Collected About You– This Site also gives you the opportunity to modify or remove PII that you have provided to us by way of this Site. You may do so by modifying your password-protected registered user information on the Site. To the extent that such information is stored in our databases, we will respond to your changes as soon as reasonably possible, although please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records. To the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will reach such other databases in a timely manner. Kilburn retains PII for as long as reasonably necessary to deliver the products or services for which the PII was provided.

Security of Your PII– PII collected by Kilburn is stored on servers located in the United States of America. Kilburn employs reasonable security measures consistent with standard industry practice for PII collected through this Site, including physical, electronic, and operational measures to maintain security and prevent unauthorized access. While Kilburn takes all appropriate steps to safeguard PII under our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, we cannot guarantee that PII supplied by users will not be accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Site, please contact us at legal@kilburnmedia.com. Please remember that security of the username and password you create when you register with the Site is your responsibility; we recommend that you do not share them with anyone. If you share your username and password, you are providing access to your PII. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Kilburn of any unauthorized use of your username or password.

Offline vs. Online practices– Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the Site and does not apply to any of our practices conducted offline.

Contacting Kilburn Regarding this Site– If you have any questions concerning this Policy, you may send them by email to our Privacy Officer at legal@kilburnmedia.com.

Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

Access to Your PII– We appreciate your assistance in keeping your PII up to date and accurate. You are entitled to access, verify, amend and/or correct your PII collected by Kilburn. You are encouraged to contact our Privacy Officer at legal@kilburnmedia.com or the above postal address to verify, correct, or update your PII. If you have a concern regarding the collection, use, or disclosure of your PII by Kilburn, please contact our Privacy Officer. Your concern will be investigated, and you will be notified as soon as possible of the outcome of the investigation and any action required as a result.