Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.

CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Ultimate Performer, 110 SE 6th St Fort Lauderdale FL 33301.

For the purpose of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Florida, United States

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

GDPR refers to EU General Data Protection Regulation.

Personal Data is any information that relates to an identified or identifiable individual.

For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to The Ultimate Performer, accessible from http://www.theultimateperformer.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Instagram
• Twitter
• LinkedIn

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies   Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies   Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent Cookies   Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication...
• To provide You with news, special offers and general information...
• To manage Your requests: To attend and manage Your requests to Us.
• To deliver targeted advertising to You...
• For business transfers...
• For other purposes: data analysis, identifying usage trends, etc.

We may share Your personal information in the following situations: With Service Providers; For business transfers; With Affiliates; With business partners; With other users; With Your consent.

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy...

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located...

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You...

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred...

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law...

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend rights; prevent wrongdoing; protect personal safety; protect against legal liability.

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure...

The Service Providers We use may have access to Your Personal Data...

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials...

Mailchimp — Privacy policy: https://mailchimp.com/legal/privacy/

Constant Contact — Privacy policy: https://www.constantcontact.com/forward/privacy-center

The Company uses remarketing services to advertise to You after You accessed or visited our Service...

Google Ads (AdWords) — Ads Settings: google.com/settings/ads  |  Analytics Opt-out: tools.google.com/dlpage/gaoptout  |  Privacy: policies.google.com/privacy

Facebook — Interest-based ads: Help Center  |  Opt-out: Instructions  |  Data Policy: facebook.com/privacy/explanation

Industry opt-outs: NAI • EDAA • DAA

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions: Consent; Performance of a contract; Legal obligations; Vital interests; Public interests; Legitimate interests.

Your Rights under the GDPR

You have the right to access, correct, object, erase, port data, and withdraw consent...

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights by contacting Us. We may ask You to verify Your identity...

Categories of Personal Information Collected

We collect the following categories (as defined by CCPA/CPRA):

• Category A: Identifiers — Collected: Yes
• Category B: Customer Records — Collected: Yes
• Category C: Protected classifications — Collected: No
• Category D: Commercial information — Collected: No
• Category E: Biometric information — Collected: No
• Category F: Internet activity — Collected: Yes
• Category G: Geolocation data — Collected: No
• Category H: Sensory data — Collected: No
• Category I: Professional info — Collected: No
• Category J: Education info — Collected: No
• Category K: Inferences — Collected: No
• Category L: Sensitive personal information — Collected: Yes

Sources of Personal Information

Directly from You; Indirectly/Automatically from You; From Service Providers.

Use, Disclosure, Share, Sale

We may use/disclose Categories A, B, and F for business or commercial purposes. We do not sell personal information as commonly understood, but certain advertising/analytics uses may be deemed a "sale" under CCPA/CPRA. See opt-out options below.

Sale of Personal Information of Minors Under 16

We do not knowingly sell personal information of minors under 16.

Your Rights under the CCPA/CPRA

Right to notice; right to know/access; right to opt-out of sale/sharing; right to correct; right to limit use/disclosure of sensitive personal information; right to delete; right not to be discriminated against.

Exercising Your Rights

Contact us by email at auditions@theultimateperformer.com. We will verify your request and respond within required timeframes.

Do Not Sell / Limit Use of Sensitive PI

Use the privacy preferences on our site (if available) or contact us to exercise these rights.

Our Service does not respond to Do Not Track signals. Some third-party sites may track your activities; adjust your browser settings if desired.

California residents may request information about sharing Personal Data with third parties for their direct marketing once per year. Contact us for details.

California residents under 18 who are registered users may request removal of content they posted. Contact us to request removal; certain limitations apply.

We do not knowingly collect personal information from anyone under 13. If you believe a child provided Personal Data, please contact us so we can remove it.

Our Service may contain links to other websites not operated by Us. We are not responsible for their content or privacy practices.

We may update this Privacy Policy from time to time. We will post the new Privacy Policy on this page and update the “Last updated” date.

If you have any questions about this Privacy Policy, You can contact us:
By email: auditions@theultimateperformer.com