Privacy Policy

Last Revised: September 30, 2024

This Privacy Policy describes how 88rising (“88rising”, “we”, “our”, “us”) handles information we collect, use, and disclose about you when you visit http://www.88rising.com, http://shop.88rising.com (the “88rising Shop Site”), https://easternstandardti.me (the “easternstandardti.me site”), http://hitcfestival.com (the “HITC festival site”), and any other website that is owned and operated by us (the “88rising Site”), and contains a direct link to this Privacy Policy (together, the “Websites”), and when you otherwise engage with us online and offline (collectively, the “Services”).

Please read this Privacy Policy carefully. By using or accessing the Websites or the Services, you agree to the use of your information it describes and to the other terms of this Privacy Policy. If you do not agree to this Privacy Policy, please do not access and use the Website or the Services. We may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or X, formerly Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Overview of Our Privacy Policy

1. What Information We Have & Where We Get It
2. How We Use Your Information & Why
3. Who We Share Your Information With & Why
4. Your Choices & Rights
5. U.S. Residents
6. Children’s Privacy
7. Looking After Your Information
8. Contact Us
9. Supplemental Jurisdictional Terms

We collect the following types of information about you:
Contact information. When you sign up for an account, to our newsletter or ask to be kept up to date on news and exclusive offers, we may collect your name, phone number, email address and other contact information. 

Account information. When you create an account with us, we collect information such as username, password, security questions that you select and the answers you provide, your account handle, profile picture and your IP address. If you choose to register an account, you are responsible for keeping your account credentials safe. We recommend you do not share your access details with anyone else. If you believe your account has been compromised, please contact us immediately. If you are an artist creating an account on our distribution platform, we collect information, in addition to those mentioned above, including information contained in tax forms, safety records, and licensing and certification records.

Payment information. When you make a purchase, we may collect credit or debit card information and billing address, which is collected on our behalf by our payment processor, and transaction history. 

Information you post. We collect information you post in a public space on third-party sites, including social media sites.

Other information. We collect information about the products you buy, the browser and device you're using, your location, the site you came from, the search terms that referred you to our Websites, the site you visit when you leave us, information about how you used or didn't use our Websites and other information that provides us with insight on your interactions with us and our artists.

Information to enter sweepstakes. When you enter sweepstakes or promotions, we collect your name, email address, shipping address, country of residence and information needed to provide you with the prize (e.g., clothing size).

Information in correspondence. When you contact us through our Websites and via email, we collect your name, email address, the subject of your message and any other information you choose to provide. We collect any other information you provide in your correspondence with us, whether online or offline.

We collect information about you automatically: 

We collect information from you passively. We use tracking tools like browser cookies, web beacons and other tracking technologies (“Tracking Technologies”), including Google Analytics, to provide and enhance the performance of our Services, facilitate and enhance user experience, monitor and analyze trends, usage and activities in connection with our Websites and the Services and conduct internal research and development. To opt out of tracking by Google Analytics, you can download and install a plug-in available here. 

We may associate this information with the device you use to access the Services, or email accounts you use to engage with us.

Such information includes:

1. Details of the devices used to access our Websites, such as unique device identifier, browser type, device type, and operating system information;
2. IP address;
3. Date and time stamps, such as the date and time you first accessed the Services;
4. Log data; and
5. Other information regarding your interaction with the Services, such as clickstream data, referral activity, which emails you may have opened and ad impressions.

Most browsers accept Tracking Technologies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete certain Tracking Technologies from your browser; however, blocking or deleting Tracking Technologies may cause some of the Services, including login features and general functionality, to work incorrectly. In addition, your browser settings may also allow you to transmit a “Do Not Track”, “opt-out preference” signal or other mechanism for exercising your choices regarding the collection of your information when you visit various websites. Like many websites, our website is not designed to respond to such signals and we do not use or disclose your information in any way that would legally require us to recognize opt-out preference signals. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/. 

We collect  information about you from third parties: 

We may get information about you from third parties. For example, if you use a social media feature within our Websites or post to a social media platform, for example Facebook, X (formerly Twitter), and Instagram, the social media site will give us some information about you, including whether you follow our accounts or and anything that you post to our account on those third party sites. If you RSVP to events on third party sites, those third party sites may share your RSVP information with us. Additionally, if you use an express checkout functionality, the checkout option will share your billing information with us.

We use information about you in the following ways:
We use information to provide you with products and the Services. We use your information to process your order, provide you with customer support, manage our relationship with you, allow you to establish and manage your account, provide you with information or advertising and otherwise communicate with you. This includes sending you emails about your account, new products, or a purchase on the Websites. We might also contact you about this Privacy Policy or our Terms and Conditions.

We use information to respond to your requests or questions. We use your information to respond to your requests or questions and confirm your registration for sweepstakes or promotions.

We use information to improve your experience and make our Websites, products, and services better. We use your information to customize or improve your experience with us. This includes generating analytics about how you browse and interact with our Websites, by displaying content and advertising based upon your preferences and interests, recognizing you when you return to our Websites and by combining information we get from you with information about you we get from third parties.

We use information for security purposes. We use information to protect or defend 88rising, our artists, customers, or our Websites. This includes to detect or prevent fraudulent or unlawful behavior.

We use information for marketing purposes. For example, we might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. To learn about your choices for these communications, read the Your Choices & Rights section below.

We use information as otherwise permitted by law or as we may notify you.

We keep information to resolve disputes, enforce our rights or our agreements and as otherwise required by law.

We may share information with third parties as follows:
We will share information with third parties who perform services on our behalf. We share information with vendors who provide or help us manage our IT infrastructure and our Websites (including Shopify, Inc.), help us fulfill or ship your purchases, process transactions, detect and prevent fraud, promote 88rising and our artists, assist with music distribution and administrative services for our artists, provide professional advisory services, provide marketing services, analytics services or other services on our behalf. Some vendors may be located outside of the United States.

We will share information with our affiliates and our business partners. This includes a third party who provides an event such as the artist, promoter or team, a third party who sponsors an event or an artist, who sells products and services or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those policies to learn how they handle your information.

We may share information if we think we have to in order to comply with the law or to protect ourselves. We may share information to respond to a court order or subpoena. We may also share information if a government agency or investigatory body requests it. Or, we might also share information when we are investigating potential fraud or to
ensure the safety, security or rights of 88rising, our employees, artists and customers, or to enforce our Terms and Conditions.

We may share information in connection with any sale of all or part of our business. We may share information in connection with, or during negotiations of, any merger, consolidation, sale of assets, financing, or acquisition of all or part of 88rising to another company. For example, we may give our customer list as part of that transaction. We may share your information for reasons not described in this Privacy Policy. We will tell you before we do this and take any other steps required by applicable law.

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information.  However, these rights are not absolute, and may apply only in certain circumstances.  

• Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your personal information, or the ways in which your personal information has or may have been used or disclosed by us in the past. 
• Right to Delete. You may have a right to request that we delete personal information we maintain about you. Please note that if the personal information you have requested to delete is necessary for the performance of certain services, we may not continue to provide such services to you. This will not, however, prevent us from providing other services that are not related to that personal information.
• Right to Correct. You may have a right to request that we correct inaccurate personal information we hold about you. 
• Right of Portability. You may have the right to obtain a copy of your personal information and to request us to provide you or a third party with your personal data which is stored by us in a machine readable format. 
• Right to Ask for Explanation. You may have the right to request us to explain our the processing of your personal information including the content contained in this Privacy Policy. 
• Restriction of Processing. You may have the right to ask us to stop, suspend, or restrict our processing of personal information. 
• Objection. You may have the right to object to our processing of personal information. 
• Opt-Out of Marketing. You may opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any marketing email you get from us. You can also change your preferences in your account. Even if you opt out of getting marketing emails, we may still send you transactional messages. For example, we may still contact you about your account or orders.

We will not discriminate against you for exercising any of these rights. Further information may be needed to verify your identity before exercising these rights, such as your email address or government issued ID. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. If we deny your request, you may appeal our decision by contacting us through the methods described in Section 8.

5. U.S. Residents  This section applies if you are a resident of California, Colorado or another U.S. state that has passed a privacy law similar to the California Consumer Privacy Act (“CCPA”) that applies to us and requires specific privacy notice disclosures. For purposes of this section, references to “personal information” shall also include “sensitive personal information” as those terms are defined under the CCPA.

The table below sets out the categories of personal information (including sensitive information, denoted by *) we collect and disclose (if applicable), including our collection and disclosure over the past 12 months.

For information regarding the specific purposes for which we collect and disclose your information, and the categories of sources from which we collect such information, please see the sections 1 and 2 above, “What Information We Have & Where We Get It” and “How We Use Your Information & Why” sections above. Information about our retention of personal information is described below in Section 7, “Looking After Your Information.” We only use and disclose sensitive personal information for the purposes specified in the CCPA or otherwise in line with your consent.

We do not “sell” or “share” (as those terms are defined under the CCPA) Personal Information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we sell or share personal information of residents under 16 years of age. 

Our Services are not intended for children, and we do not seek or knowingly collect any personal information from children. If we become aware that we have unknowingly collected information from a child, in particular children under 13 years of age or as otherwise defined as a child under applicable law, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the below information to request that it be deleted. 

We have security measures in place to protect your information.

The security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our Websites will be completely safe. If you think that an unauthorized account has been created using your name, contact us at the address below.

We retain your information for the purposes specified in this Privacy Policy. 

We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain information, we consider various criteria, including whether we need the information to continue to administer your account, provide the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products. 

We store information both in and outside of the United States.

If you live outside of the United States, you understand and agree that we may transfer your information to countries where we have databases or affiliates, including the United States. Our Websites are subject to United States laws, which may not afford the same level of protection of those in your country.

We may link to third party sites or services we don't control.

If you click on one of those links, you will be taken to websites we do not control. This Privacy Policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third-party sites. Our Websites may also serve third-party content that contains their own cookies or tracking technologies. We do not control the use of those technologies.

Please contact us if you have more questions.

If you have any questions about this Privacy Policy or other privacy concerns, or are a California resident that would like to exercise a right under the CCPA, you can contact us using one of the following methods:

Email: Email us at privacy@88rising.com. Please do not include your credit card number or other sensitive information in your email.

Mail: Write to us at 88RISING, INC., PO Box 45903, Los Angeles, CA 90045

What we will do if there is an update to this Privacy Policy.

We may modify this Privacy Policy from time to time, in which case we will update the “Last Revised” date at the top of this Privacy Policy, the updated version on our Services, and take any other steps as may be required by law.