Privacy Policy

Effective Date: May 1, 2019

 

“Pearl Jam Group”, “we” or “us” or “our” means: Pearl Jam, LLC; Ten Club, LLC; Monkeywrench, Inc; Monkeywrench Films, LLC; Monkeywrench Productions, LLC; and Vitalogy Foundation, each a corporation headquartered in the State of Washington in the United States having a place of business at 1900 South Corgiat Drive, Seattle, WA 98108, USA.

We appreciate your patronage. Your privacy is very important to us. The purpose of this Privacy Policy is to provide you with details of how the Pearl Jam Group will collect, use and share the personal information you supply to it and how you can correct or change such information. This Privacy Policy is expressly incorporated into the Terms of Use of our websites and extends to our offline activities.

The Pearl Jam Group will act in accordance with current legislation and aims to meet current best practice with regard to the processing of personal information.

This Privacy Policy does not apply to the practices of third parties that the Pearl Jam Group does not own or control.

If you are in Europe, “personal information” covers all personal data processed by us, which means the information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.  “Europe” covers the European Economic Area and Switzerland.

By accessing, visiting, browsing, using or attempting to interact with any part of our websites, such as www.pearljam.com (including www.community.pearljam.com / the Ten Club Community Forum, www.tenclub.net and www.vitalogyfoundation.org) and www.monkeywrenchrecords.com (the “Sites”), you are accepting the practices described in this Privacy Policy.   


1. What information do we collect about you?

We collect your personal information when you provide it to us.  We may also collect other information that you voluntarily provide to us, including when you communicate with us via email, post, telephone or other channels; and when you respond to our communications or requests for information. The types of information that may be collected may include, but are not limited to: name, email address, postal address, shipping address, telephone number and user name.  We may also collect information about other people that you provide to us, for example when you submit another person’s name and address when you purchase a gift.

We collect information about you when you sign up for or request that we send you marketing materials and when you sign up for an event or enter a competition, raffle, sweepstake or charity auction. We also collect information when you voluntarily complete an enquiry form on the Sites or purchase, return or exchange goods or purchase services offered through the Sites.  

Website usage information is collected using web logs and cookies. When you enter the Sites, we collect your browser and device information, including IP address and advertising identifiers.  We collect information about how you interact with us and the Sites, any preferences you express and settings you choose. This information is gathered for all visitors and users of the Sites.

We may receive information about you from other sources, including third parties (such as Ticketmaster, ebay, Spotify and Facebook) and publicly available information that help us: update, expand and analyze our records; identify new customers; or prevent or detect fraud.  We may combine the information collected from these sources with other information in our possession.

We may also receive information about you from social media platforms, including when you interact with us on those platforms or access our social media content.  Please note that the information we may receive from those third party sites (such as Facebook and Twitter) is governed by the privacy settings, policies, and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information to them.

You can choose not to disclose certain information, but then you might be limited in the services you can take advantage of on the Sites.  

Any information you post publicly on the Sites is available to the public without any expectation of privacy or confidentiality.

To help us make emails more useful and interesting, we may receive a confirmation when you open an email from us.

We ask that you do not send us or disclose any sensitive information on or through the Sites or otherwise, being personal information relating to: racial or ethnic origins; political opinions; religious or other beliefs; health or medical conditions; trade union membership; sexual orientation; or criminal background.  If any sensitive information is freely available or accessible in the public domain, we will not have any obligations to you regarding that information.

 

2. If you are in Europe - What are our responsibilities to you?

If you are in Europe, for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) and the equivalent Swiss arrangements, the organizations within the Pearl Jam Group which collected personal information about you will be the data controller for that personal information.  Although other organizations within the Pearl Jam Group may also act as data controllers where they control the use or processing of such personal data, there is a single point of contact for all Pearl Jam Group data controllers who can be contacted as noted below:

Data Protection Leader
Pearl Jam Group mail address: Ten Club, PO BOX 81429, Seattle, WA 98108-1329, USA

dataprotection@pearljam.com

Our Staff and Associates must abide by this Privacy Policy when handling personal information and must take part in any required data protection training.  Any breach will be taken seriously and may result in disciplinary action.  We shall keep the amount of personal information collected and the extent of any processing to a minimum.

For the purposes of the GDPR, we have a data protection leader who oversees our compliance with data protection laws and this Privacy Policy, and provides guidance and advice to Pearl Jam Group and staff and associates as required.  Our data protection leader will be responsible for reporting any failures to comply with the data protection legislation.

 

3. How we may use and share the information we collect

We may use the information we collect in the following ways:

  • to respond to your enquiries;
  • to provide you with goods and services that you request, process donations that you make, process returns and refunds and enable you to participate in events, competitions, raffles, sweepstakes, drawing, contests, and auctions and message boards or online forums;
  • to present our Sites to you and send you marketing communications and other information or materials that may be of interest to you or which you have expressed an interest in receiving;
  • to maintain our list of contacts;
  • for Pearl Jam Group’s business or charitable purposes, such as: improving the provision of our Sites, products and services; data analysis; submitting invoices and debt collection; detecting, preventing and responding to actual or potential fraud, illegal activities or intellectual property infringement;
  • to better understand your needs and assess the effectiveness of our events, promotional campaigns and publications; and
  • as we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our, or others’ rights, such as exchanging information with other companies and organizations for fraud protection and credit risk reduction.

We may share the information we collect in the following ways:

  • with our staff & associates across the family of entities comprising the Pearl Jam Group, but their use shall be limited to the performance of their duties and in line with the reason for processing.  Our employees are required to keep that information confidential and are not permitted to use it for any purposes other than to provide our services, to deal with requests which are submitted to us, or for the purposes of facilitating our use of that information in accordance with this Privacy Policy;
  • with third party service providers engaged by us to perform services on our behalf, such as web-hosting companies, information technology providers (such as OrderMotion), web-development consultants (such as Analog Republic and Fame House), analytics providers, delivery of goods and services, processing of credit card payments (such as Authorize.Net, CrowdRise, PayPal, AmazonPay, AmazonSmile and Alexa Donations), billing and debt collection, customer services (such as Zendesk), marketing and communications services (such as Mailchimp), ticket sales (such as Live Nation, Ticketmaster, GrizTix and Tickets.com) and event hosting;
  • with third parties who sponsor or co-sponsor or promote or co-promote an event or a competition, raffle, sweepstake, promotion, charity auction or other activity in which you participate (such as Sirius XM and Hive);
  • with law enforcement, courts or tribunals, other government authorities or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us; as provided for under contract; or as we deem reasonably necessary to provide our services.  In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organization, unless giving prior notice is prohibited by applicable law or is not possible or reasonable in the circumstances;
  • to protect the rights, property, or safety of the Pearl Jam Group or others, including exchanging information with other companies and organizations for fraud protection and credit risk reduction; and
  • with service providers, advisors, potential transactional partners or other third parties in connection with the consideration, negotiation, or completion of a transaction in which we are acquired by or merged or amalgamated with another company or we sell, liquidate, or transfer all or a portion of our assets.

We do not sell, rent or otherwise share any information with unaffiliated entities except as expressly described in this Privacy Policy, or with your prior permission.  We may share aggregated and/or anonymized information that does not reasonably identify you or your organization only as permitted by applicable law.

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

If you do not want us to use your personal information in these ways, please choose the relevant response on the form on which we collect your information or contact us as advised in Section 17 below.

The Pearl Jam Group will never intentionally send Unsolicited Commercial Email or SPAM.

 

4. Legal grounds for using personal information

We rely on the following legal grounds to process personal information, namely the following. 

Consent: we may use personal information as described in this Privacy Policy, and as detailed in our Terms and Conditions for the use of the Sites, subject to your consent.  To withdraw your consent to such use, please contact us as advised in Section 17 below.

Performance of a contract: we may need to collect and use personal information to enter into a contract with you or to perform a contract that you have entered into with us.

Legal obligation: we may need to collect and use personal information to comply with legal obligations to which the Pearl Jam Group is subject.

Legitimate interests: we may use your personal information for our legitimate interests to provide our services and to improve our services.  Consistent with our legitimate interests and consents that may be required, we may use personal information for our marketing purposes and other technical information as described in this Privacy Policy.

 

5. California Civil Code Compliance

If you are a resident in California in the United States, the Pearl Jam Group seeks to comply with the California Civil Code Section 1798.80-1798.84.  That law permits you to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  You may only make such a request one time each year.

To make such a request, please contact us as advised in Section 17 below with any questions regarding such use of personal information.

The entire California Civil Code Section 1798.80-1798.84 documentation can be viewed here.

 

6. Ten Club and Forums

The Ten Club may send mailings to its paid for members and/or free subscribers, including in the following ways:

  • a 10c newsletter/magazine may be distributed via mail and/or email during or after a paid for membership period;
  • a 10c vinyl single may be distributed via mail during or after a paid for membership period; and
  • other email mailings may be sent occasionally to paid for members and/or free subscribers (including renewal of membership reminders, announcements, news, events and updates).

The Sites may include message boards, forums, chat functionality, profile pages, and blogs (including the Ten Club Community forum) to which you are able to post information and materials (the “Forums”). Your account will at a bare minimum contain a uniquely identifiable name ("user name"), a personal password used for logging into your account and an email address. Any information beyond your user name, your password, and your email address required by us during the joining process is either mandatory or optional, at our discretion. In all cases, you have the option of what information in your account is publicly displayed. Furthermore, within your account, you have the option to opt-in or opt-out of automatically generated emails from the Forums.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws, be it of your country, the country where the Forum is hosted or internationally.  Doing so may lead to you being immediately and permanently banned from some or all of the Sites, with notification to your Internet Service Provider if we deem it necessary or expedient. The IP addresses of all posts are recorded to aid in enforcing these conditions.  You agree that we have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. Any information revealed in a posting to a Forum becomes public information.  Please exercise discretion and caution while using the Forums. We are not responsible for any third party use of any information you disclose through your use of the Forums.

Please Note: The Ten Club Community forum is hosted by a third party, Vanilla Forums. Pearl Jam Group is not responsible for the handling of personal information obtained by such a third party.  Please exercise discretion and caution while using the Ten Club Community forum. For more information on the terms of service and privacy policy or our hosted Ten Club Community forum, visit Vanilla Forums.

We comply with the Digital Millennium Copyright Act.  The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement.  DMCA compliance can be viewed here. 

 

7. The measures we have in place to protect and safely store the information we collect

The security of your personal information is important to us.  When you enter personal information on the Sites, we encrypt that information using secure socket layer technology (SSL).  All personal passwords you use are encrypted. No credit card information is stored on our servers. We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it.  However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge that you are aware of security and privacy limitations, such as: (a) the limitation of security, privacy and authentication measures and features; and (b) that data or information on the Sites or server may be subject to hacking, password theft, electronic fraud and/or contaminated viruses.  Subject to our obligations to you under the GDPR if you are in Europe and the equivalent Swiss arrangements, we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our gross negligence or willful default. Any transmission of your information is at your own risk. Therefore, we urge all users to exercise caution while using our Sites.

We use a number of suppliers and service providers in connection with the operation of our business and they may have access to the personal information we process.  For example, an IT service provider may see your personal information when providing software support, or a company which we use for delivery of goods, processing of credit card payments or a marketing campaign may process your personal information for us.  When contracting with suppliers and/or service providers, Pearl Jam Group takes appropriate steps to ensure that there is adequate protection in place and that data protection principles are adhered to.

The Sites are hosted in the United States and are governed by United States law. If you are visiting the Sites from outside of the United States, please be aware that your personal information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Sites, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy. If you are in Europe, and we transfer your data outside of Europe, we will only do so where we are sure that there is an adequate level of protection in place for personal information, such as standard contractual clauses where appropriate.

 

8. Retention of the information we collect

We retain the information we collect for no longer than is reasonably necessary to fulfill the purposes for which we collect the information and to comply with our legal obligations.

Following completion of the services provided by us, we will either retain the related papers or store these records digitally.

Where personal information is retained for the purposes of sharing promotional material, and you no longer want to be contacted by us, please contact us as advised in Section 17 below.  Please include your name and mailing address (as well as your e-mail address) if you also prefer not to receive direct mail. Note that you may still receive service related communications from us.

 

9. Web log information

Web log information is gathered when you visit our Sites by the computer that hosts our Sites (called a “server”).  The server automatically recognizes some information, such as the date and time you visited our Sites, the pages you visited, crashes, the website you came from, the type of browser you are using (e.g. Internet Explorer), the type of operating system you are using, and location data.  It helps us improve our Sites and to deliver a better and more personalized service, such as by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Sites according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Sites.

 

10. Cookies

The Sites may use a technology called a “cookie”.  A cookie is a piece of information that our server sends to your computer when you access a website.  Then, when you come back, our Sites will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the Sites and help us analyze site usage more accurately and allows us to build up a more detailed profile of you and preserve your authentication status (if you are registered on the Sites). You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn more about cookies, you may wish to visit www.allaboutcookies.org.  If you disable or refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.

 

11. IP Addresses 

The Sites use Internet Protocol (IP) addresses.  An IP address is a number assigned to your computer by your Internet Service Provider so you can access the Internet.  Generally, an IP address changes each time you connect to the Internet (it is a dynamic address). Note, however, that if you have a broadband connection, depending on your individual circumstances, it is possible that your IP address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable.  This is because with some broadband connections your IP address does not change (it is static) and could be associated with your personal computer. We use your IP address to report aggregate information on use and to help improve the Sites.

 

12. How we respond to Do Not Track signals and apply local shared objects, pixel tags, web beacons, analytics, tailored advertising and location information

Do Not Track is a privacy preference that visitors and users can set in their web browsers.  When a visitor or user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the visitor or user.  For information about Do Not Track, visit www.allaboutdnt.org.  At this time, the Sites do not respond to Do Not Track browser settings or signals.  

In addition, the Sites may use other technology that is standard to the Internet, such as local shared objects, pixel tags, web beacons and other similar technologies, to track visitors to or users of the Sites. Those tools may be used by us and by third parties (such as Facebook and Google) to collect information about you and your Internet activity, even if you have turned on the Do Not Track signal.

We may use third party web analytics services, such as those of Google Analytics, who use cookies to collect information in an anonymous form, such as the number of visitors to the Sites, the user names of visitors, where visitors have come to the Sites from, the pages they visit and the actions they take while using the Sites.  You can opt out of Google Analytics by visiting the Google Analytics’ Opt-out Page. In relation to the Ten Club Community forum, Vanilla Forums use its own web analytics service, Vanilla Analytics. You can learn how to opt out of Vanilla Analytics by visiting the Vanilla Forums website.

We and third party service providers (such as Google, Facebook and Twitter) may serve targeted advertisements through the use of cookies, pixels and web beacons when you visit the Sites or visit third party websites.  In some instances, these cookies may be persistent cookies. We and third party service providers may also use cookies and other information to try and identify other devices and browsers that you may use so we and third party service providers may serve targeted advertisements to those devices.  We do this to provide you with advertising that we believe may be relevant for you. You can opt out of Google’s use of such targeted advertisements by visiting the Google Advertising Opt-out Page. You can learn how to opt out of Facebook and Twitter targeted advertisements by similarly visiting each of their websites.  If you opt-out of these targeted advertising cookies, your opt-out will be specific to the browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.

When you use a smartphone, mobile device or computer to access the Sites, we may collect information about your physical location.  We may combine this information with other location-based information (e.g. your IP address and billing/postal address), to provide you with other services on your device.  We share your location information only with third parties that help us provide you with services. You can opt-out of sharing this information by changing the permissions in your device.

 

13. Links

The Sites may contain links to other websites.  The Pearl Jam Group is not responsible for the privacy practices of other websites.  This Privacy Policy applies solely to information collected by the Pearl Jam Group. In the event that you access any other websites through links provided on the Sites, please note that we are not responsible for the content or privacy practices of such other websites and advise you to read the privacy policy of each website you visit which collects personal information.

Where a link to a third party’s website operating an online store (such as the Pearl Jam UK/EU shop operated by Music Glue) or hosting a Forum (such as the Ten Club Community forum hosted by Vanilla Forums) is provided, including those using Pearl Jam Group branding, the Pearl Jam Group is not responsible for the handling of personal information obtained by such a third party.  We advise you to read the privacy policy of any third party operator of an online store or host of a message board which collects personal information from you.

 

14. Information from children

The Sites are not intended for persons under the age of 13 (or 16 in Europe).  The Pearl Jam Group does not knowingly collect or solicit personal information from anyone under the age of 13 (or 16 in Europe) or knowingly allow such persons to register on the Sites.  If you are under the age of 13 (or 16 in Europe), please do not use or attempt to register on the Sites or use any of the interactive or public comment features of the Sites or send any information about yourself to us, including your name, address, telephone number or e-mail address or any screen name or user name you may use.  No one under the age of 13 (or 16 in Europe) may provide any personal information to or on the Sites. If we learn that we have collected or received personal information from a child under the age of 13 (or 16 in Europe) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child under the age of 13 (or 16 in Europe), please contact us as advised in Section 17 below.  We encourage parents to monitor their children’s Internet usage and/or to use web filtering technology to supervise their children’s access to the Internet.

The Pearl Jam Group seeks to comply with the Children's Online Privacy Protection Act instituted in April 21, 2000.  The entire COPPA documentation can be viewed here.

 

15. Updating your information, opt in and out options, and choices about how we use and disclose your information 

You may correct, update or remove personal information previously provided to us (including opting in to or out of receiving promotional emails from us) by contacting us as advised in Section 17 below.  All our general emails also contain an unsubscribe link at the bottom and you can unsubscribe to such emails at any time by clicking on that link. Please include your name and mailing address (as well as your email address) if you also prefer not to receive direct mail.  Note that you may still receive service related communications from us.

We will use reasonable commercial efforts to make the changes you request, but it is not always possible to modify database information. To the extent that personal information was provided to third parties, we will not be able to make changes to it. Information may not be completely removed from our database(s) due to technical constraints and the fact that we back-up our systems.

 

16. If you are in Europe - Choices and rights in respect of the information we hold

If you are in Europe, personal information must be processed in line with individuals' rights, including the right to:

  • request a copy of their personal information;
  • request that their inaccurate or incomplete personal information is corrected;
  • request that their personal information is deleted and destroyed in certain circumstances;
  • object to processing or request that the processing of their personal information is restricted in certain circumstances or withdraw consent, including to opt out of receiving communications (including electronic) from the Pearl Jam Group;
  • not to be subject to automated decision making; and
  • request the transfer of their personal information in certain circumstances.

If you wish to exercise any of these rights, please contact us as advised in Section 17 below.

When making your request please provide:

  • your full name and address;
  • details of your request and/or the information you want.  Please be as specific as possible, and if it is not obvious, it would be helpful if you could explain why you expect us to hold your personal information.

We may also ask you to provide further information in certain circumstances including to clarify the terms of your request or to confirm your identity.

However, please note that for practical and/or technical reasons it may not be possible to remove certain information.

All our general emails also contain an unsubscribe link at the bottom and you can unsubscribe to such emails at any time by clicking on that link.

If you believe that we have not complied with applicable data protection laws, you have the right to lodge a complaint with your local data protection authority. A list of local data protection authorities in European countries at the date of this Privacy Policy is available here. However, we encourage you to come to us in the first instance.

 

17. How to contact us

If you have any queries concerning your personal information or any questions on our use of that information, please contact us as noted below or as otherwise advised on the Sites:

Data Protection Leader:
dataprotection@pearljam.com

Pearl Jam Group mail address:
Ten Club, PO BOX 81429
Seattle, WA 98108-1329
USA

 

18. Changes to this Privacy Policy

If you choose to visit or use the Sites, your visit or use and any dispute over privacy is subject to the terms of this Privacy Policy, any Terms and Condition for the use of the Sites that we may post on the Sites from time to time, and any agreement between us.  

We keep this Privacy Policy under regular review. If we decide to change our Privacy Policy, we will post a new policy on our Sites and change the date at the top of our Privacy Policy. Your continued use of the Sites after we make changes is deemed to be in acceptance of these changes, so please check the policy frequently for updates. All modifications to our Privacy Policy will be effective upon our posting such modified Privacy Policy on the Sites.  

We recommend that you print, download or otherwise retain a copy of this Privacy Policy (and any revised version) for your records.

 

This Privacy Policy was last updated on May 15, 2019.





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