Privacy Policy
Last Updated: July 1, 2007
This website, located at www.firststoke.com
(the “Site”), is owned and operated by First Stoke LLC (“First
Stoke” “we,” “us”). Your privacy is important
to First Stoke. This Privacy Policy (the “Privacy Policy”)
outlines the types of Personally Identifiable Information (as defined below)
that we gather while you are visiting the Site, as well as ways in which we
process and disseminate such Personally Identifiable Information. This
Privacy Policy does not pertain to information collected on any other site owned
by First Stoke, its subsidiaries or other businesses. You are,
of course, free to use much of the Site without providing any Personally Identifiable
Information to us.
First Stoke reserves 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, you must immediately discontinue use of this Site.
This Site is governed by and operated in accordance with the laws of United
States of America (USA). First Stoke makes no representation that
this Site is governed by or operated in accordance with the laws of other nations,
or that the Site or any part thereof is appropriate or available for use in
any particular jurisdiction. Those 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 and submitting
any PII, visitors from outside of the USA acknowledge this Site is subject to
USA law, consent to the transfer of PII to the USA, and waive any claims that
may arise under their own national laws.
1.
What Information We Collect
First Stoke gathers two basic types of information through the Site:
“Personally Identifiable Information” (or “PII”) and “Non-Personally
Identifiable Information” (or “Non-PII”). Personally Identifiable
Information is information that identifies or can identify you as an individual
and Non-Personally Identifiable Information is aggregated information, demographic
information, IP addresses and any other information that does not reveal your
specific identity.
a.
Non-Personally Identifiable Information
When you visit and interact with
the Site, First Stoke
and third parties with whom
First Stoke has contracted to provide services to First Stoke
may collect Non-PII (for example, a catalog of the Site pages you visit).
Non-PII is generally collected through the Site from four different sources:
IP protocol addresses and web logs; cookies; pixel tags and other similar technologies;
and information that you voluntarily provide.
i.
IP Protocol Addresses and Web Logs
This Site’s web servers automatically collect the Internet Protocol (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. 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.
ii.
Cookies
We 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
be able to 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.
iii.
Pixel Tags
We 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 (1x1), that is ordinarily not
visible to Site visitors and may be associated with cookies on the visitors’
hard drives. Pixel Tags 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 the email has been
opened.
iv.
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.
b.
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) 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. We collect PII from you through the Site only when you voluntarily
provide it.
2.
How Information We Collect Is Used
a.
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 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 First Stoke family on an aggregate or other basis that does not
disclose your identity or contact information.
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.
b.
Personally Identifiable Information
i.
Site: We may use PII you give us to better tailor your
website experience to your interests, and to show you content in which you may
be interested and to display the content according to your preferences.
We may also share your PII within the First Stoke business family in
order to enhance your experience on other First Stoke websites.
ii.
Communications:
If you choose to opt-in, we
may use your PII to send you information about First Stoke and
its services as well as promotional material on behalf of some of our partners.
If at any time you change your mind and prefer to no longer receive such marketing
communications from us, please see the “Opt-In Policy” section below.
iii.
Administrative Matters: First Stoke 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.
iv.
Fulfillment of Requests: First Stoke may use
your PII to fulfill the purpose for which such PII was provided (e.g., to confirm
your registration or fulfill your purchase).
v.
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 First Stoke.
vi.
Internal Business Purposes: We may also use your PII
for our internal business purposes, such as to target advertising, for data
analysis, for audits and so forth.
vii.
Shopping/Commercial Services: This Site may offer merchandise
and/or ticket purchase services, which may be offered by us or by one of our
e-commerce partners. To the extent the merchandise and/or ticket purchase
services are offered by one of our e-commerce partners, such e-commerce partner
will be collecting and using the PII you provide. For more information
regarding your transactions with our e-commerce partners, please refer to Section
4(b) below.
To the extent First Stoke 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 bill 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).
viii.
“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 Instant
Messenger screen names or 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 (unless the recipient has already consented
to such use of his/her PII).
ix.
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.
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 First Stoke's
use of your PII. To the extent such rules conflict with this Privacy Policy,
such rules will govern that particular Promotion.
3.
How Personally Identifiable Information We Collect Is
Disclosed
a.
Affiliate Communications:
If you choose to opt-in, we
may share your PII with our affiliates, including First Stoke owned,
operated or managed venues where First Stoke produced events occur and
promoters or sponsors of First Stoke events, so that our 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.
b.
Third Party Communications:
If you choose to opt-in, we may also 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.
c.
First Stoke 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.
We reserve the right to share your PII with such third parties for the purpose
of enabling these third parties to provide such services.
d.
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. 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 Contact
Us Page to send us an email about such collection or use.
e.
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.
f.
Compliance With Applicable Law: First Stoke 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 First Stoke,
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.
g.
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 First Stoke's business,
assets or stock (including without limitation in connection with any bankruptcy
or similar proceedings).
4.
Collection of Information By Third Parties
a.
Co-Branded Pages
We may enter into relationships with “powered by” partners, business partners,
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, our third-party partner. We have
no control over, and are not responsible for, our partners’ use of your PII.
You should check our posted partner's websites for information regarding their
privacy policies.
b.
Transactions With E-Commerce Partners, Vendors and Advertisers
When you provide PII to one of our Site’s e-commerce partners, vendors or
advertisers, this transaction will occur in connection with the site of the
e-commerce partner, 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 partner, vendor or advertiser. First Stoke 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
partners, vendors or advertisers, First Stoke may “pre-populate” forms
with your PII for your review, and, if you so choose, for submission to such
e-commerce partners, 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.
c.
Third Party Advertising
The ads appearing on this Site are delivered to you by Google AdSense,
our Web advertising partner. Information about your visits to this Site,
such as number of times you have viewed an ad (but not your PII), is used to
serve ads to you. In the course of serving advertisements to this Site,
our third-party advertiser may place or recognize a unique cookie on your browser.
For more information about Google AdSense, cookies, and how to “opt-out” from
having a DoubleClick cookie placed on your browser, please
click here.
d.
Third Party Links
The Site may contain links to third-party Internet websites, which are not
owned or operated by First Stoke. 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 First Stoke. 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.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION
PRACTICES OF ANY THIRD PARTIES.
5.
Opt-In Policy
a.
First Stoke Communications
When you supply First Stoke with PII, or from time-to-time in First
Stoke'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, First Stoke and/or our advertisers and partners. 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 either:
- Using the link provided in our newsletters or commercial
email messages to opt-out of receiving further marketing communications
from us; or
- Changing your contact preference by entering “Do Not
Contact Me” in the Question/Comment field on our
Contact Us Page.
If you decide to contact us to change your contact preference to “Do Not
Contact Me”, First Stoke will implement this change in a reasonable time
frame. Please be aware that your requested change will not be effective
until First Stoke implements such change, and that 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 First Stoke or its affiliates.
b.
Affiliate and Third Party Communications
When you supply First Stoke with PII, or from time-to-time in First
Stoke's discretion, you may be provided with the opportunity to opt-in
to receive offers directly from our affiliates and/or from third parties.
If you do choose to opt-in, we may share your PII with our affiliates and/or
with third parties to allow our affiliates and/or such third parties to provide
you with such offers. If you change your mind and would prefer that we
no longer share your PII with our affiliates and/or with third parties for their
marketing purposes, you may opt-out of such future sharing at any time by entering
your request in the “Question/Comment” field on our
Contact Us page, and specifying
which choice you are opting out from:
(1) Allowing First Stoke
to share PII with affiliates for their marketing purposes; and/or
(2) Allowing First Stoke
to share PII with third-party companies for their marketing purposes.
Please note that if you opt-out as described above, 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). Please
contact such affiliates or third parties directly in order to opt-out of further
marketing communications or utilize the opt-out mechanisms set forth in their
respective privacy policies or marketing messages.
6.
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.
7.
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 practicable, 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. However,
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.
8.
Security of Your PII
First Stoke employs reasonable security measures consistent with standard
industry practice, for PII collected through this Site. 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. If you have reason to believe that there has
been any breach of the security of the Site, please contact us at privacy@firststoke.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 First Stoke of any unauthorized use of your username or password.
9.
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.
10.
Contacting First Stoke Regarding this Site
If you have any questions concerning this privacy policy, you may send them
by email to priva 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. You must send
any official correspondence via postal mail to:
First Stoke LLC
578 Washington Blvd. #167
Marina del Rey, CA 90292
