Privacy Policy

Welcome to the Pogoseat website or the Pogoseat mobile application (“Site”). Your portal to the best available seat in the house! The Site is owned and operated by Pogoseat, INC (“Pogoseat”). This Privacy Policy describes what information we gather from you, how we use and disclose that information and what we do to protect it.

When you use our Site, you trust us with your personal information. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this privacy policy that you do not agree with, please discontinue using our Site.

This privacy policy applies to all information collected through our Site, Short Message Service (SMS), embedded in a partner’s website and mobile application, various social media platforms and any sales and marketing related services (together, “Site”). By using any of these services, you expressly consent to the information handling practices described in this policy. Links from our Site or service to third party sites are provided for your convenience. Personal information you provide to such third parties will be governed by that party’s privacy policy and not by Pogoseat. Pogoseat is not responsible for the privacy practices of these other websites.

1. Information We Collect

We collect Personal Information from you in several different ways based on the way you interact on our Site such as first name, last name, email address, postal address, postal code, phone number, security data, and payment information.

1. Registration; before using certain areas of the Site or ordering products, you may be required to register. During the registration process, you will need to provide certain Personal Information, including but not limited to your name, phone number, email address, postal address and postal code. This type of personal information is used to fulfil your purchases, to communicate with you about your purchases on our Site, and for marketing purposes. If in the event we encounter any issues when processing your purchases, we use the Personal Information you have provided to contact you. Some of our services may include features based on your actual locations and may report your current locations (“Location-Based Services”). To the extent you use any Location-Based Services, we will collect and store information about your location at the time you use those Location-Based Services. This information can come from a variety of sources depending on the client and device you use to access the Services; for example, a mobile phone may report its GPS location or IP address at the time Location-Based Services are used. You can opt out of Located-Based Services by changing the settings directly on your device.‍

Messaging Info: When you interact with Pogoseat Numbers (by sending text messages to a Pogoseat Number), we collect your messages, including message-related information (such as the phone number from which the message was sent, when the message was sent, the content of the message, any attached files or media, and data from interactive features such as reactions, effects, stickers, scheduling, polls, and payments). When you interact with messages sent via Pogoseat, we collect information about those interactions too. We refer to all of this as “Messaging Info.”

2. Payment data; we do not collect or store data necessary to process your payment if you make purchases. All payment data (e.g. credit card information, such as your credit or debit card number, card expiration date, CVV code, and billing address) is collected, processed and stored by our third-party credit card processing company who are PCI Compliant. Even when you ask us to remember your credit card, we do not store sensitive payment data such as the entire credit card number and CVC. Instead, we pass the payment data to the third-party credit card processing company and receive back from them a token, which does not contain the sensitive data. However, we do retain non-sensitive payment data used to identify a payment such as the last four digits of a card number and expiration date.
   

3. Phone Number and Email Addresses. Several locations of the Site may request you to enter or for us to capture your email address for purposes including but not limited to: to register for a certain promotion(s) or product(s); or to request us to notify you regarding particular promotions or products. Your participation in a promotion is completely voluntary, so you have a choice whether to participate and disclose information to us. We may use this information to notify promotion winners and we may post on our Site the names of contest winners. When you contact our customer support or sales teams, participate in one of our or our clients surveys, sweepstakes, contests, or promotions, or communicate with us in any other way, we’ll collect whatever information you volunteer or that we need to resolve your question. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share the information of winners with Third Parties.

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4. Cookies and Other Technologies; Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the service or a third-party to recognize you and make your next visit easier and the service more useful to you. Our third party service providers and our Site may use a "cookie" to collect information about how you use the Site. Cookies reside on your computer or mobile device and help the Site recognize your browser as a previous visitor. For example, when you sign into our Site, cookies will be used to save your email address and name so the next time you visit your account from the same device we will "remember" your email address and name in order to make your experience faster and simpler.

5. Log Files. The Site automatically recognizes the URL or location from which you access the Site. We may also log your Internet protocol (“IP”) address, Internet service provider, and date/time stamp for system administration, order verification, marketing, and system troubleshooting purposes.

6. 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 Website pages and HTML-formatted email messages to track your use of our website in order to provide you with more useful information and a more personalized experience the next time you visit. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Website visitors and may be associated with cookies on the visitors' hard drives. Pixel Tags do not contain any personable identifiable information (PII) and allow us to count users who have visited certain pages of the Website, 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.

7. Pogoseat takes special care to protect the safety and privacy of children. While our Site is a general audience website, we do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13. Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet.

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2. Information From Other Sources

We may obtain information about you from other sources, including through Third Party services and organizations to supplement information provided by you.

If you access our Services through a Third Party website or application, app store, a Third Party login service, or a social networking site (such as Meta), we may collect information about you from that Third Party. Information we collect through these services may include your name, your user identification number, your username, location, gender, date of birth, zipcode, email and profile picture. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

Cookies: Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

On occasion our Website may also set a "session cookie" which helps us administer the Website. 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. 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 Website in order to participate). The Site’s cookies do not intrude a user’s hard drive to gather a user’s confidential information.

Google Analytics sets cookies to help us accurately estimate the number of visitors to the products and the volumes of usage of the products. For more information on how Google Analytics processes this information, visit www.google.com/analytics.

We use Stripe as a payment provider who use cookies and other similar technologies to help us ensure that our Services function properly, prevent fraud. For more info on Stripe's cookie policy, please visit https://stripe.com/cookies-policy/legal

The use of cookies by our partners and service providers is not covered by this Policy. We do not have access or control over these cookies.

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3. How Do We Use Your Information

1. We use your personal information to process your purchases and provide you with customer service.
2. We use personal information collected via our Site for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process with your Consent
  

• To communicate with you about our Site, your purchases and about events that are offered by the venues, teams, leagues, artists or other event organization’s with whom we have relationships. We may send you confirmation emails or text messages (with your consent) when you register with us or when you request us to notify you when particular products or promotion becomes available. We always permit you to unsubscribe from product availability notifications. Because we have to communicate with you about purchases that you chose to place, you cannot opt out of receiving emails related to your purchases or your membership. Where you have registered with our Site to receive text-messaging service or with any other service where you have asked us to send you SMS text messages or similar then we will use your Personal Information to send you messages according to your preferences and requests.
  

• The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
• The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
• To provide advertising, analytics and marketing services. We may use first party or Third Party Technologies to deliver content, including ads relevant to your interests, on our Services or on Third Party Sites. We may combine and share such information and other information with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit Third Party websites within their networks. This practice is commonly referred to as “interest-based advertising”or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you.
  

• Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Site.
• To enforce our terms, conditions and policies for Business Purposes and/or possibly for Contractual.
• To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, marketing and your experience.
  

ADDITIONAL COMMUNICATIONS PROVISIONS
(For Residents of Canada)

In addition to the consent provided above in the Messaging Communications (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:

• You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy
• Because the purpose of our communications include your interest in future ticket purchases, our communication with you will continue until you opt-out, which indicates you are no longer considering purchasing tickets to a live-event.
• Your personal information may also be transmitted to, used in, and stored in the United States

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Electronic Communications

All electronic communications are subject to CASL. Such communications include emails, text messages, and other electronic forms of communication. A message which contains factual information about the client’s account is generally not considered to fall within the scope of CASL if it is reasonable to conclude the message is not promotional in nature.

If the message contains any advertising, sales literature, or any other solicitation for business, it must (a) identify Pogoseat as the sender, and (b) contain the Pogoseat’s contact information, including the Pogoseat’s mailing address and at least one other form of contact information (e.g. email address, telephone number or web address). It must also include an unsubscribe mechanism which is:

(i)         valid for at least 60 days after sending the message;

(ii)        clear and prominent in the message;

(iii)       readily accessible by the consumer, and easy for the consumer to use; and

(iv)       available at no cost to the consumer.  

Pogoseat will act on any unsubscribe request within ten (10) business days and will NOT charge a fee for the unsubscribe request.  

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4. Will Your Information Be Shared With Anyone?

We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

• Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Business Partners, Vendors, Consultants and Other Third-Party Service Providers. We have relationships with live event venues, teams, leagues, artists, promoters, and others who manage the live events for which we sell Upgrades. Upgrades include seat upgrades, VIP experiences, merchandise and subscription passes. We provide them personal information such as your name, email, and/or phone number so that they may contact you about events you may be interested in. We also provide them at the conclusion of each of their events a report that contains the name, email address, phone number and purchase history of each of the registrants for that event.

Other examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time.

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• Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• With your Consent. We may disclose your personal information for any other purpose with your consent.

• Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Site, and view your profile.

• In connection with a corporate transaction, such as the reorganization or sale of our business, a divestiture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy.

5. How Do We Keep Your Information Safe?

We aim to protect your personal information through a system of technical and organizational security measures designed to protect the security of any personal information we process. While we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the Site from a secure environment.

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our Website uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your contact information, we cannot guarantee that personal identifiable information supplied by users will not be improperly 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 unauthorized access to our files, or 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 Website, please contact us at support@pogoseat.com.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

Access to your personal information is restricted and only employees who need access to your personal information to perform a specific job are granted access to your personal information. We rely on third-party service providers, for the physical security of our computer hardware, to comply with commercially reasonable security practices and measures. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall. While we use industry-standard precautions to safeguard your personal information, we cannot and do not guarantee complete security. 100% complete security does not presently exist anywhere online or offline. As such, you assume the risk of security breaches and all consequences resulting from them. To that end, please safeguard your credentials.

6. What Are Your Privacy Rights?

(a)  General. This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information, please contact us at privacy@pogoseat.com.

Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority. Please do not email us sensitive information.

If you are resident in the European Union (EU) you may exercise certain rights regarding your personal information. You can get additional information regarding this from your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer to you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our Site. To opt-out of interest-based advertising by advertisers on our Site please visit http://www.aboutads.info/choices/.

You may opt out of our Google features in this Policy. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. Or, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. You may also opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. You can opt out of Google Marketing Platform’s use of cookies by visiting the Google Marketing Platform opt-out page or the Network Advertising Initiative opt-out page.

Please see our Terms and Conditions for additional information regarding the use of this Site by minors. If you have any questions or concerns about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices, please feel free to contact us through our website or via email at privacy@pogoseat.com

For Residents of Canada: You may contact the Office of the Privacy Commissioner at 1 800282-1376 if you are unsatisfied with our response to your privacy concern.

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7. Do California Residents Have Specific Privacy Rights?

If you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with our Site, you have the right to request removal of unwanted data that you publicly post on our Site. To request removal of such data, please email us at privacy@pogoseat.com with “California Shine The Light Rights” in the subject line and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our Site, but please be aware that the data may not be completely or comprehensively removed from our systems. We do not knowingly Sell the Personal information of anyone 18 years or younger.

As described above, we may share your Personal Information with advertising and marketing partners that could be considered a Sale of Personal Information under the CCPA. We do not Sell the Personal Information of California residents in the traditional sense of the word. However, because the definition of Sell under the CCPA is broad enough to potentially include the sharing of your information with advertising and marketing partners, we provide California residents the right to opt-out of this type of sharing of their Personal Information.

In the twelve (12) months preceding the Effective Date of this Privacy Policy, we may have collected or received from you and from third parties in connection with providing our services, information about California consumers in each of the following categories and disclosed the information to our service providers and clients for business purposes. Identifiers such as a real name, alias, postal address, Internet Protocol address, unique personal identifier, online identifier, email address, account name or other similar identifiers.

A link is available on the footer of all our pages ‘Do Not Sell My Personal Information’ at www.pogoseat.com/do-not-sell-my-information

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8. Notice for Nevada Residents

Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing privacy@pogoseat.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

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9. Notice for Residents of Certain Other States

The Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (CPA), and Connecticut Data Privacy Act (CTDPA) [and Utah Consumer Privacy Act (UCPA)] (“Applicable State Law”) provide residents of those states with certain rights, including the following:

Your Right to Confirm and Access: You have the right to confirm whether we are processing personal information about you and access the personal information we process about you.

Your Right to Portability: You have to right to obtain a copy of the personal information we maintain and process about you in a portable and, to the extent technically feasible, readily-usable format.

Your Right to Delete: You have the right to request that we delete the personal information we maintain or process about you.

Your Right to Correct: You have the right to request that we correct inaccuracies in the personal information we maintain or process about you, taking into consideration the nature and purpose of such processing.

Your Rights to Opt-Out: You have the right to opt-out of certain types of processing of personal information, including:

• Opt-Out of the “sale” of personal information as defined by Applicable State Law;
• Opt-Out of targeted advertising by us;
• Opt-Out of automated profiling for the purposes of making decisions that produce legal or similarly significant effects.

Please note, as explained above, we do not “sell” personal information as that word is traditionally defined. Through the use of cookies, we may also make available certain personal information to third parties for targeted advertising.

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10. Users Outside the United States

The Site is hosted in the United States. If you are a user accessing the Site from Australia, Canada or the European Union, or any other region with laws or regulations governing personal data collection, that differ from United States laws, please be advised that through your use of the Site, you are transferring your personal information to the United States, and you expressly consent to that transfer and consent to be governed by Californian law for these purposes.

11. Offline Collection

The information we collect is obtained through our Site, and this Privacy Policy applies only to that online collection of personal information. We may also collect information offline. An example being if someone calls or emails us to purchase a ticket or to ask us questions. In this example, we will ask only for the personal information we need in order to answer the question. When we need to store information (such as order information) we will enter it into our database. We will try to treat offline collection, uses, and disclosures consistently with our relevant online practices.

Notwithstanding anything contained in this policy, we will take all actions deemed by us from time to time, to be necessary or desirable to comply with all US and other applicable laws and administrative interpretations thereof, including without limitation, the US Telephone Consumer Protection Act.

12. Do We Make Updates To This Policy?

Yes, we will update this policy as necessary to stay compliant with relevant laws. We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

13. Contact Information

If you have any questions about this Privacy Policy, please contact us at:

Email: privacy@pogoseat.com