We Are Giant

Privacy Policy

Effective date: 08/28/2023

Giant Music HoldCo, LLC and its affiliated entities (“We Are Giant”,“us”, “we”, or “our”) are committed to respecting your privacy and protecting your personal information. This Privacy Policy explains the types of personal information we may collect from visitors to our websites, including wearegiant.com and all related websites, as well as our mobile apps and web-based services (our “Sites”) and in connection with the products and services that we offer through the Sites or by other means (our “Services”). This Privacy Policy also describes how we use personal information, the purpose for sharing and recipients of personal information, and your available rights and choices associated with that information. This Policy may apply to our artists, fans, other users, and any other individuals who visit our Sites or utilize our Services (“you”).

This Privacy Policy is provided in a layered format. You can jump to a specific section by clicking on the section below:

  1. Collection of Personal Information. We may collect your personal information when you interact with us through our Sites or by other means.
  2. Use of Personal Information. We may use your personal information in various ways, including to provide our Site and our Services, to communicate with you, to comply with our legal obligations.
  3. Sharing of Personal Information. We may share your personal information for several reasons, including our own internal purposes and to promote products and services.
  4. Your Privacy Rights and Choices. You may have rights and choices regarding our use and disclosure of your personal information, including as may be available to residents of certain states and jurisdictions as described in this Privacy Policy.
  5. California Privacy Notice. Residents of California have certain privacy rights as described in this policy.
  6. Colorado Privacy Notice. Residents of Colorado have certain privacy rights as described in this policy.
  7. Connecticut Privacy Notice. Residents of Connecticut have certain privacy rights as described in this policy.
  8. Virginia Privacy Notice. Residents of Virginia have certain privacy rights as described in this policy.
  9. European Privacy Notice. Residents of the European Economic Area, the United Kingdom, and Switzerland have certain privacy rights as described in this policy.
  10. Canadian Privacy Notice. Residents of Canada have certain privacy rights as described in this policy.
  11. Data Security. We maintain security measures to protect your personal information.
  12. International Data Transfers. Our Sites and our Services are operated in the United States.
  13. Cookie Policy. We may collect your personal information automatically using cookies and other tracking technologies.
  14. Children’s Privacy. We do not knowingly collect information from children under the age of 13.
  15. Links to Other Websites. Our privacy policy does not apply to third-party websites or apps.
  16. Changes to This Privacy Policy. Our privacy policy may change occasionally.
  17. Contact Us. How to contact us if you have questions or concerns, or if you need further information.

This Privacy Policy does not apply to third-party websites, products or services, even if they link to our Sites. We recommend you review the privacy practices of those third parties before accessing third party websites and sharing any personal information.

We also encourage you to review our Terms of Service to understand how your personal information will be treated as you make full use of our Sites. Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service.

  1. Collection of Personal Information

    “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable individual. Personal information includes “personal data” as that term is defined in applicable privacy laws, as may be further described in Sections 5 - 8 this Privacy Policy. Personal information does not include publicly available information; lawfully obtained, truthful information that is a matter of public concern; information that has been de-identified, or aggregate consumer information. For more information how we collect and use the information in the following table, please review Sections 5 - 8. We may disclose non-personal information, such as aggregated user statistics, to third parties. Our use of aggregated, anonymized, and de- identified data is not subject to this privacy policy.

    Categories of Personal Information Collected
    Examples
    Processing Purposes Linked to Categories
    Categories of Third Party Recipients (Excluding Service Providers)
    Identifiers
    • First and last name
    • Telephone number
    • Email address
    • Mailing address
    • Online identifiers, including IP address or device IDs
    • Providing you with requested Services, including access to and content from our artists
    • Facilitate interactions with artists and any products, services, or promotions
    • Managing your account and requests
    • Contract performance, development, compliance, and undertaking of the purchase contract for the products, items, or services
    • Communications and notifications, including digital marketing communications
    • Customer service and support
    • Providing you with opportunities, invite you to participate in events or promotions, offered by us or our third-party partners, that we believe may be of interest of you and to personalize, measure, and improve such offers
    • Analytics for new and existing Services, including our user accounts and related features
    • Maintaining and improving the quality of our Sites and Services
    • Research and development, understanding our user trends, and understanding the effectiveness of our marketing
    • Protecting ourselves, you, and others, preventing fraud, and creating and maintaining a trusted, secure, and reliable online environment
    • Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets
    • Complying with our legal obligations
    Third-party advertising marketing companies
    Financial information
    • Credit card or debit card information
    • Third-party payment processing account information
    • Facilitate transactions
    • Complying with our legal obligations
    • Protecting ourselves, you, and others; preventing fraud, and creating and maintaining a trusted, secure, and reliable online environment
    • Customer service and support
    N/A
    Commercial information
    • Information relating to our Services that you have purchased, obtained, or considered as well as other purchasing or consumer histories, tendencies, and preferences
    Same purposes as noted for “Identifiers”
    Third-party advertising marketing companies
    Internet or other electronic network activity information
    • Communications data, including personal information that you may choose to provide in the content of your messages via customer support messages, emails, and social media posts
    • Browser and device data, including IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Sites you are visiting
    • Usage data, such as browsing history, time spent on the Sites, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Site
    • Information through cookies and other tracking technologies, such as web beacons, embedded scripts, and tags as described in more detail in Sections 1(b) and Section 13.
    Same purposes as noted for “Identifiers”
    Third-party advertising marketing companies
    Audio, electronic, visual, or similar information
    • Profile photographs and/or videos
    • To facilitate your interactions through third-party social media services
    Third-party advertising marketing companies
    Geolocation data
    • Geolocation data based on your IP address
      Characteristics or protected classifications (from employees and prospective employees only)
      • Gender or gender identity
      • Race or ethnicity
      • Religion
      • Pregnancy status
      • Sexual orientation
      • Marital status
      • Military or veteran status
      • Medical or health conditions
      • National origin
      • Protecting ourselves, you, and others; preventing fraud; and creating and maintaining a trusted, secure, and reliable online environment
      • Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets
      • Complying with our legal obligations
      N/A
      Inferences about you using any of the above
      • Information drawn from any of the information above categories of information
      For any of the purposes listed above
      Third-party advertising marketing companies

      Please note that because of the overlapping nature of certain of the categories of personal information identified above, some of the personal information we collect may be reasonably classified under multiple categories. The personal information we collect through our Sites will be apparent by the context of the page.

      1. Personal information you provide to us

        We may collect the following personal information about you that you choose to provide us when you use our Sites:

        • Account. When you register for an account, you may be asked to provide your first and last name, email address, and phone number.
        • Payment related information. When you use our Site and Services, you may be asked to provide financial information, including credit card, and including through designated third party payment platforms.
        • Communications information. When you communicate with us through our Sites, we may collect your first and last name, email address, phone number, and any personal information that you choose to provide in the content of your message.
      2. Information that we automatically collect

        Our Sites use cookies and other tracking technologies such as web beacons, embedded scripts, and tags (“Cookies”), which collect information from you automatically as you use our Sites, including:

        • Browser and device data, such as IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Sites you are visiting; and
        • Usage data, such as browsing history, time spent on the Sites, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Site.

        We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. For example, we use Google Analytics on our Sites to help us analyze your use of our Sites and diagnose technical issues.

        Please review our Cookie Policy below for more information about our use of these technologies.

      3. Information collected from third-party sources

        You may send someone else a communication from the Sites, such as an invitation to a friend, or you may send us the contact information of another person through “refer-a-friend” features. If so, the information you provide (for example, name, email address, phone number) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.

    • Use of Personal Information

      1. Our products and services

        We use the personal information we collect to provide, maintain and improve our Sites and the services that We Are Giant offers through them (our “Services”). These uses include:

        • Providing you with requested Services, including access to and content from our artists
        • Facilitating interactions with our artists and any products, services, or promotions that they may offer, consistent with your interactions with our Sites and Services
        • Managing your account, and attending to and managing your requests
        • Performing a contract with you, for development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service
        • Contacting you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation
        • Providing you with customer service and support, and to facilitate other communications that you request or that are required to render Services to you
        • Providing you with information about new Services and other opportunities that we believe may be of interest to you, whether offered by us or third-party partners, and to personalize, measure, and improve such offers
        • Performing analytics for new and existing Services, such as our user accounts and related features
        • Maintaining and improving the quality of our Sites and Services
        • Growing our business, including performing research and development, understanding our user trends, and understanding the effectiveness of our marketing
        • Protecting ourselves, you, and others; preventing fraud; and creating and maintaining a trusted, secure, and reliable online environment
        • Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the users of our Service is among the assets transferred
        • Complying with our legal obligations; respond to subpoenas, court orders, or legal process; or to establish or exercise our legal rights or defense against legal claims
      2. Digital marketing communications

        We may send you promotional email communications about We Are Giant, invite you to participate in events or promotions offered by We Are Giant or our artists, or otherwise communicate with you for marketing purposes, as allowed by applicable law. For example, when we collect your contact information through your interaction with our Sites, we may use that information to follow up with you regarding an event or send you information that you have requested about We Are Giant. You may opt out of receiving any, or all, of these communications from us via the unsubscribe link provided in such emails or by following further instructions provided in Your Privacy Rights and Choices.

      3. Advertising

        When you visit our Sites, we (and our service providers) may use personal information collected from you and your device to serve you targeted advertisements on our Sites (also referred to as “interest-based advertising”), where allowed by applicable law. For example, when you visit our Sites, we may use Cookies to identify your device and direct ads for our platform to you as part of providing you with a customized experience.

    • Sharing of Personal Information

      We may share your personal information with the following categories of third parties:

      1. Our affiliates. We may share personal information with our affiliates, in which case, we will require such affiliates to comply with the terms of this Privacy Policy.
      2. Service providers. We share personal information with our service providers to provide services on our behalf, such as payment processing, analytics, advertising, hosting, marketing, customer and technical support, and other services.
      3. Business partners. We share personal information with third-party business partners in connection with our Site and Services. For example, we may share personal information with our business partners for their direct marketing purposes.
      4. Posted content. Any information you submit as part of a publicly posted content feature on our Sites will be accessible by other users of the Sites and potentially the public. If you interact with other users or register through a third-party social media service, your contacts on such third-party social media service may see your name, profile, pictures, and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
      5. Third-party platform advertising. We may share your information with third-party platform providers who assist us in serving advertising regarding the Sites and Services to others who may be interested. We also partner with third parties (such as Facebook and Google) who use Cookies to serve interest-based advertising and content on their respective third-party platforms that may be based on your preferences, location and/or interests.
      6. Affiliate and business transfer. If We Are Giant is involved in a merger, acquisition or asset sale, your personal information may be shared or transferred in connection therewith.
      7. Compliance and harm prevention. We may share personal information as we believe necessary (i) to comply with applicable law, rules and regulations; (ii) to enforce our contractual rights; (iii) to investigate possible wrongdoing in connection with the Site and Services; (iv) to protect and defend the rights, privacy, safety and property of We Are Giant, you or others; and (v) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.
    • Your Privacy Rights and Choices

      You may have rights and choices regarding our use and disclosure of your personal information. Unless instructed otherwise, you can exercise these rights and choices using the information in the Contact Us section at the end of this Privacy Policy. Certain states provide residents with certain rights with respect to their personal information or personal data as defined under applicable law, including residents of California, Nevada, Colorado, Connecticut, and Virginia. Please be advised that these rights are subject to state privacy law interpretation and that certain other rights might apply. Please review Sections 5 - 8 for more information on state-specific rights and terms.

      1. Opting out of receiving electronic communications from us. If you no longer wish to receive promotional email communications from us, you may opt out via the unsubscribe link included in such emails or by contacting us using the information in Contact Us. We will comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving promotional emails from us, we may still send you important administrative messages that are required in order to provide you with our Services or for other reasons disclosed in this Privacy Policy.
      2. View or change your account personal information. Whenever made possible, you can review, correct or update your personal information directly within your account.
      3. Additional rights available in certain states and jurisdictions. Certain U.S. states and other jurisdictions provide residents with certain rights with respect to their personal information or personal information as defined under applicable law, including residents of California, Nevada, Colorado, Connecticut, and Virginia. Please be advised that these rights are subject to state privacy law interpretation and that certain other rights might apply. Please review Sections 5 - 8 for more information on state-specific rights and terms.

        1. Right to Know and Access. You have the right to know what personal information we collect, use, disclose, and/or sell or share as those terms are defined under applicable state law. You may ask us to provide you a portable copy of this information up to two times in a rolling twelve-month period.
        2. Right to Delete. You have the right to request under certain circumstances that we as well as our service providers and contractors delete the personal information that we collect about you.
        3. Right to Correct Inaccurate Personal Information. You have the right to request the correction of inaccurate personal information.
        4. Right to Opt Out. If we sell or share your personal information as those terms are defined in the applicable state law. Please review Sections 5 - 8 for information on how to opt out of the sale/sharing of your personal information under your state’s privacy laws.
        5. Sensitive Personal Information or Sensitive Data. You may have certain rights with respect to certain personal information that is defined as sensitive under applicable state law. Please review Sections 5 - 8 for information on how to exercise these rights.
        6. Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

      How to Exercise Your Privacy Rights
      If you are a resident of California, Nevada, Virginia, Colorado, or Connecticut, please use the following information to exercise your privacy rights. Please note that any request you submit to us is subject to an identification and residency verification process as permitted under applicable law, as well as certain other procedural requirements that may be noted in the sections below. Additionally, all requests are subject to certain exceptions under applicable law, which may vary. If you are a visually-impaired user, a user who has another disability or a user who seek support in other language, you may access your privacy rights by emailing us at support@wearegiant.com or by mailing us at the information provided in our Contact Us section.

      Except where otherwise noted, we will respond to your request within forty-five (45) days after receipt and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days. As described below, in some jurisdictions, an authorized agent may submit a request to exercise your rights on your behalf.

      Data Retention. We will not retain any information we collect form you for longer than is reasonably necessary for the disclosed purpose of using such information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

      How to submit a request. You may exercise any of the rights described in Sections 5 - 8 by emailing us at support@wearegiant.com or by mailing us at the information provided in our Contact Us section.

      We do not charge a fee to process or respond to your verifiable consumer request unless its excessive, repetitive, manifestly unfounded, or in accordance with applicable law. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

      You may only make a verifiable or authenticated consumer request twice within a twelve (12) month period. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. Additionally, in some jurisdictions, you may designate an authorized agent to submit a request on your behalf. The request must include:

      • Sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
      • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.

      We cannot respond to your request or provide you with personal information if we cannot verify or authenticate your identity or authority to make the request and confirm that the personal information relates to you.

      You are not required to create an account with us to submit a verifiable or authenticated consumer request. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable or authenticated consumer request to verify your (or your authorized agent’s as applicable) identity or authority to make the request.

      If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

    • California Privacy Notice

      This Section applies to any California residents about whom we have collected personal information as defined in Section 1. The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, delete, and restrict the sale of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights and Choices section above. Any terms defined in the CCPA have the same meaning when used in this Section.

      1. Personal Information We Collect

        We Are Giant may collect, or has collected, the categories of personal information described in Section 1 about you over the past twelve (12) months. For purposes of this section, personal information also includes personal information as described in California Civil Code Section 1798.80(e), which includes “financial information” as described in Section 1. Additionally, for purposes of this section, “publicly available information” includes: information is made available from federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully available to the general public, either through widely distributed media, or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.

        Sensitive Personal Information. Certain of the personal information that we collect, as described above, may constitute “sensitive personal information” as defined by California law. This may include: gender or gender identity, race or ethnicity, religion, sexual orientation, and certain health information.

      2. What We Do With Your Personal Information

        We Are Giant may collect, use, or disclose personal information about you for the purposes detailed in Section 1.

      3. Sources of Collected Personal Information

        • From you, including via our Sites, from the forms you complete via our Service, preferences you express or provide through our Service, or other means
        • From and through our service providers
        • Advertising networks
        • Social networks with whom you choose to connect your We Are Giant account to
        • Other third parties, including operators of our websites and mobile applications, and other data suppliers

        We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.

      4. Who We Share Personal Information With

        We limit our disclosure of the categories of personal information above to our service providers, affiliates, business partners, and third-party vendors for one or more business purposes.

        We may “sell” and/or “share” share personal information with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” and/or “share” under California law, even though we do not receive monetary payment for sharing or disclosing personal information to these third parties. To the extent this activity is interpreted as included in California’s broad definition of “sale”, we “sell” the following:

        • Identifiers
        • Commercial information
        • Information relating to Internet activity or other electronic network activity; and
        • Audio, electronic, visual, or similar information
      5. Your California Privacy Rights

        If you are a California resident, you have the rights described in Section 4 and the following additional rights under applicable California law in relation to your personal information, subject to certain exceptions:

        • Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by a business.
        • Right to Limit Use and Disclosure. You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide goods or services to you. However, we do not collect sensitive personal information as defined under California law.

        How to submit a request. You may exercise any of the rights described in this Section by following the instructions in Section 4.

        We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect personal information from any person under the age of 13.

        California “Shine the Light” Law. California residents additionally have the right to request information regarding third parties to whom We Are Giant has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes under California’s “Shine the Light” law (Cal. Civ. Code §1798.83). Personal information under this California law means “any information that when it was disclosed identified, described, or was able to be associated with an individual.” We do not disclose this type of personal information to third parties for their own purposes and we permit you to opt-out of any disclosures of non-identifiable personal information. However, if you are a California resident and would like to inquire further, please email us using the information provided in the Contact Us section.

      6. Notice of Right to Opt-Out

        If you wish to opt-out of the “selling” / “sharing” of personal information for purposes of targeted digital advertising, as described in this Section and this Privacy Policy, we encourage you to visit the Network Advertising Initiative and/or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements.

      7. Notice of Financial Incentives

        User Giveaways. We may offer certain giveaways where we offer the ability to win merchandise and other benefits. The availability of these promotions to you at any given time will vary. If and when we offer such programs, we may ask for your personal information, including your contact information through your interaction with our Sites. Contact information must be provided to redeem benefits.

        You may opt out of receiving any, or all, of these programs by following further instructions provided in Your Privacy Rights and Choices.

    • Colorado Privacy Notice

      This Section applies to any Colorado residents about whom we have collected personal data as defined in Section 1. The Colorado Privacy Act (“CPA”) provides Colorado residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Colorado residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CPA. If you are a Colorado resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights and Choices section above. Any terms defined in the CPA have the same meaning when used in this Section.

      1. Personal Data We Collect

        We Are Giant may collect, or has collected, the categories of personal information described in Section 1 about you over the past twelve (12) months. For the purposes of this section, “publicly available information” includes: information that is lawfully made available from federal, state, or local government records and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.

        We may collect personal data from or about you as detailed in Section 1.

        Sensitive Data. Certain of the personal information that we collect, as described above, may constitute “sensitive data” as defined by Colorado law. This may include: race or ethnicity, religion, sexual orientation, and certain health information.

      2. What We Do With Your Personal Data

        We Are Giant may collect, use, or disclose personal data about you for the purposes detailed in Section 1.

      3. Sources of Collected Personal Data

        We may collect personal data about you from the categories of sources described in Section 5(c).

      4. Whom We Disclose Personal Data To

        We limit our disclosure of the categories of personal information above to our service providers, affiliates, business partners, and third-party vendors for one or more business purposes.

        We do not sell your personal information to third parties, including personal information of minors under 16 years of age. As with nearly every e-commerce company, we do share a limited set of data that is gathered when you visit our Site, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements. To the extent this activity is interpreted as included in Colorado’s broad definition of “sale”, we “sell” the following:

        • Identifiers
        • Commercial information
        • Information relating to Internet activity or other electronic network activity; and
        • Audio, electronic, visual, or similar information
      5. Your Colorado Privacy Rights

        If you are a Colorado resident, you have the rights described in Section 4 and the following additional rights under applicable Colorado law in relation to your personal information, subject to certain exceptions:

        • Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
        • Right to Provide Affirmative Consent. We cannot process your sensitive data or your sensitive data inferences use your personal data for certain purposes without your affirmative consent.

        How to submit a request. You may exercise any of the rights described in this Section by following the instructions in Section 4.

      6. We Are Giant Bona Fide Loyalty Programs

        User Giveaways. We may offer certain giveaways where we offer the ability to win merchandise and other benefits. The availability of these promotions to you at any given time will vary. If and when we offer such programs, we may ask for your personal information, including your contact information through your interaction with our Sites. Contact information must be provided to redeem benefits.

        You may opt out of receiving any, or all, of these communications from us via the unsubscribe link provided in such emails or by following further instructions provided in Your Privacy Rights and Choices.

    • Connecticut Privacy Notice

      This Section applies to any Connecticut residents about whom we have collected personal data as defined in Section 1. The Connecticut Data Privacy Act (“CTDPA”) provides Connecticut residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Connecticut residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CTDPA. If you are a Connecticut resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights and Choices section above. Any terms defined in the CTDPA have the same meaning when used in this Section.

      1. Personal Data We Collect

        We Are Giant may collect, or has collected, the categories of personal data described in Section 1 about you over the past twelve (12) months. For purposes of this section, “publicly available information” means information that is lawfully made available from federal, state, or local government records, or widely distributed media and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.

        We may collect personal data from or about you as detailed in Section 1.

        Sensitive Data. Certain of the personal information that we collect, as described above, may constitute “sensitive data” as defined by Connecticut law. This may include: race or ethnicity, religion, sexual orientation, and certain health information.

      2. What We Do With Your Personal Data

        We Are Giant may collect, use, or disclose personal data about you for the purposes detailed in Section 1.

      3. Sources of Collected Personal Data

        We may collect personal data about you from the categories of sources described in Section 5(c).

      4. Whom We Disclose Personal Data To

        We limit our disclosure of the categories of personal information above to our service providers, affiliates, business partners, and third-party vendors for one or more business purposes.

        We do not sell your personal data to third parties, including personal information of minors under 16 years of age. As with nearly every e-commerce company, we do share a limited set of data that is gathered when you visit our Site, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements. To the extent this activity is interpreted as included in Connecticut’s broad definition of “sale”, we “sell” the following:

        • Identifiers
        • Commercial information
        • Information relating to Internet activity or other electronic network activity; and
        • Audio, electronic, visual, or similar information
      5. Your Connecticut Privacy Rights

        If you are a Connecticut resident, you have the rights described in Section 4 and the following additional rights under applicable Connecticut law in relation to your personal information, subject to certain exceptions:

        • Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
        • Right to Provide Affirmative Consent. We cannot process your sensitive data or your sensitive data inferences use your personal data for certain purposes without your affirmative consent.

        How to submit a request. You may exercise any of the rights described in this Section by following the instructions in Section 4.

    • Virginia Privacy Notice

      This Section applies to any Virginia residents about whom we have collected personal data as defined in Section 1. The Virginia Consumer Data Protection Act (“VCDPA”) provides Virginia residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Virginia residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the VCDPA. If you are a Virginia resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights and Choices section above. Any terms defined in the VCDPA have the same meaning when used in this Section.

      1. Personal Data We Collect

        We Are Giant may collect, or has collected, the categories of personal information described in Section 1 about you over the past twelve (12) months. For the purposes of this section, “publicly available information” includes: information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.

        We may collect personal data from or about you as detailed in Section 1.

        Sensitive personal data. Certain of the personal information that we collect, as described above, may constitute “sensitive data” as defined by Virginia law. This may include: race or ethnicity, religion, sexual orientation, and certain health information.

      2. What We Do With Your Personal Data

        We Are Giant may collect, use, or disclose personal data about you for the purposes detailed in Section 1.

      3. Sources of Collected Personal Data

        We may collect personal data about you from the categories of sources described in Section 5(c).

      4. Whom We Disclose Personal Data To

        We limit our disclosure of the categories of personal data above to our service providers, affiliates, business partners, and third-party vendors for one or more business purposes.

        We do not sell your personal information to third parties, including personal information of minors under 16 years of age. As with nearly every e-commerce company, we do share a limited set of data that is gathered when you visit our Site, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements. To the extent this activity is interpreted as included in Virginia’s definition of “sale”, we “sell” the following:

        • Identifiers
        • Commercial information
        • Information relating to Internet activity or other electronic network activity; and
        • Audio, electronic, visual, or similar information
      5. Your Virginia Privacy Rights

        If you are a Virginia resident, you have the rights described in Section 4 and the following additional rights under applicable Virginia law in relation to your personal information, subject to certain exceptions:

        • Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
        • Right to Provide Affirmative Consent. We cannot process your sensitive data or your sensitive data inferences use your personal data for certain purposes without your affirmative consent.

        How to submit a request. You may exercise any of the rights described in this Section by following the instructions in Section 4.

    • European Privacy Notice

      This European Privacy Notice applies to any individuals located within the European Economic Area (EEA), United Kingdom (UK), or Switzerland from whom we may have collected personal data from any source, including through your use of our Sites and our Services, or by communicating with us electronically, by telephone, in paper correspondence, or in person. We provide this European Privacy Notice to comply with applicable privacy laws, including the General Data Protection Act (“GDPR”), the UK GDPR, and related laws, regulations, and guidance from the European Union and/or its member states.

      European law provides individuals located in Europe with rights to receive certain disclosures regarding the collection, use, and sharing of personal data, as well as rights to be informed, access, rectification, erasure, restrict processing, data portability and to object with respect to collected personal data. For the purposes of this European Privacy Notice, “personal data” means any information relating to an identified or identifiable natural person.

      1. Basis for Processing Your Personal Data

        We Are Giant relies on one or more legal bases to process your personal data under applicable law. We may process personal data (i) as necessary to perform our contractual obligations to you; (ii) as necessary to pursue our legitimate interests as further detailed below; (iii) as necessary for our compliance with our legal obligations such as a request or order from courts, law enforcement or other government authorities; and/or (iv) with your consent, including to send you marketing email messages and other information that may be of interest to you, which you may withdraw at any time.

        Legitimate business interests. We may collect, process, and maintain personal data to pursue the legitimate business interests outlined below. We balance our legitimate interests against the legitimate interests and rights of you and others and only process personal data in accordance with those interests where they are not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests include:

        • Providing, improving, and developing our Sites and Services, including to deliver your requested Services, send you messages and provide user support, customize the Sites and Services to better fit your needs as a user, develop new Sites and Services, and perform internal analytics and research and development. This also includes sharing personal data with our trusted service providers that provide services on our behalf.
        • Protecting you and others, and creating and maintaining a trusted environment, including to comply with our legal obligations, to ensure compliance with our agreements with you and other third parties, to ensure safe, secure, and reliable Sites and Services, and to detect and prevent wrongdoing and crime, assure compliance with our policies, and protect and defend our rights, interests, and property. In connection with the activities above, we may conduct internal research and profiling based on your interactions as a participant in various Sites and Services, content you submit to the Site and Services, and information obtained from third parties.
        • Providing, personalizing, measuring and improving our marketing, including to send you promotional messages and other information that may be of interest to you with your consent. We may also use personal data to understand our user base and the effectiveness of our marketing. This processing is done pursuant to our legitimate interest in undertaking marketing activities to offer products or services that may be of interest to you.
      2. Your Privacy Rights

        In certain circumstances, individuals located within the EEA, UK, and Switzerland are entitled to the following data protection rights regarding their personal data:

        • Right to access. You have the right to request confirmation of whether We Are Giant processes personal data relating to you, and if so, to request a copy of that personal data.
        • Right to rectification. You have the right to request that We Are Giant correct or update your personal data that is inaccurate, incomplete or outdated.
        • Right to deletion. You have the right to request that We Are Giant erase your personal data in certain circumstances provided by law.
        • Right to restrict processing. You have the right to request that We Are Giant restrict the use of your personal data in certain circumstances.
        • Right to object to processing. You have the right to object to We Are Giant processing of your personal data, under certain conditions.
        • Right to data portability. You have the right to request that We Are Giant export the data that we have collected to you or another company, under certain conditions.

        Where the processing of your personal data is based on your previously provided consent, you have the right to withdraw your consent at any time. If you would like to exercise any of these rights, please submit a written request to support@wearegiant.com. We will respond to these requests in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

        You may also have the right to lodge a complaint about our data collection and processing actions with the appropriate supervisory authority. You can view the contact information for your data protection authority here.

      3. How to Contact Us

        If you have any questions about this European Privacy Notice, or if you wish to exercise any of the rights described in this Section, please contact us by emailing support@wearegiant.com.

    • Canadian Privacy Notice

      This Supplemental Notice provides additional or modifying information on how we manage personal data that we receive from residents of Canada. These rights may be limited in some circumstances by local law requirements. We Are Giant may collect personal information or about you as detailed in Section 1. Certain types of personal information that we collect may be considered sensitive information, which we will not process without your affirmative consent.

      1. Personal Information We Collect

        For the purposes of this Canadian Privacy Notice, except where a different definition is noted, “personal information” means information about an identifiable individual. Certain types of personal information that we collect may be considered sensitive information, which we will not process without your affirmative consent. This may include: race or ethnicity, religion, sexual orientation, and certain health information.

      2. What We Do With Your Personal Information

        We Are Giant may collect, use, or disclose personal information about you for the purposes detailed in Section 1.

      3. How We Collect Information About You

        We may collect personal information about you from the categories of sources described in Section 1 and 5(c).

      4. Disclosure and Transfer of Your Information

        We limit our disclosure of the categories of personal data above to our service providers, affiliates, business partners, and third-party vendors for one or more business purposes. This includes sharing your personal information with third parties for their own direct marketing purposes and for online behavioral advertising. We may transfer personal information from you as detailed in Section 7.

      5. Your Canadian Privacy Rights

        Under Canadian law, you have the right to access, correct, and delete your personal information as well as the right to withdraw your consent in certain circumstances. In the event that you have already consented to the collection, use and/or disclosure of your personal data, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice by referring to the information under Section 4.

        If you are a parent or guardian and you believe that your child has provided us with information without your consent, please review Section 9 and contact us by email at support@wearegiant.com or any of the information under Section 4.

      6. Data Retention Period

        We will keep your personal information only as long as is reasonably necessary as detailed in Section 4.

      7. Data Security

        We use commercially reasonable administrative, technical, and physical safeguards appropriate to the risks and information sensitivity to help protect and secure your personal information as detailed in Section 11.

    • Data Security

      The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We maintain appropriate technical, administrative and physical safeguards to help protect the security of your personal information against unauthorized access, destruction, loss, alteration, disclosure or misuse. We encourage you to secure your account with a strong password and to keep your password private.

    • International Data Transfers

      Our Sites are operated exclusively in the United States. We may transfer, store and use information we collect and maintain about you, including personal information outside of your state, province, country or other governmental jurisdiction. The data protection laws in the jurisdiction in which we process personal information may differ from those of your jurisdiction, and in certain circumstances, your personal information may be subject to access requests from governments, courts, law enforcement agencies or regulatory agencies in those other jurisdictions. By using the Sites or providing us with any information, you consent to the transfer and processing of your information, including personal information, in the United States as set forth in this Privacy Policy.

      If you are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, we comply with any applicable laws to provide an adequate level of data protection to the U.S., as described further in European Privacy Notice. Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use EU Standard Contractual Clauses with data recipients located outside the EEA or the UK as well as other appropriate measures and safeguards.

    • Cookie Policy

      When you visit our Sites, we may collect information from you automatically through Cookies. We also rely on partners to provide many features of our Sites using data about your use of the Sites. We use Cookies for the following purposes:

      • Necessity. To enable features that are necessary for providing you the services on our Sites, such as keeping you signed in, improving security, and preventing and detecting fraud.
      • Preference. To allow us to remember your preferences and identify you when you return to our Sites.
      • Analytics. To allow us to understand how our Sites are being used, track site performance and content views, and make improvements to the content, products or services.
      • Advertising. To deliver targeted advertising based on your preferences, location, and/or interests across different services and devices and measuring effectiveness of ads.
      • Social Media. To enable the sharing of content from our Sites through social networking and other sites.

      You can modify your browser settings to decline or accept Cookies. However, in a few cases, some of our Sites’ features may not function as designed.

      If you wish to opt out of our sharing of the data that is gathered when you visit our Site for purposes of targeted digital advertising, we encourage you to visit the Network Advertising Initiative or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements. Residents of the EU may visit www.youronlinechoices.eu and residents of Canada may visit http://youradchoices.ca/understanding-online-advertising#cookies. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings. You may also visit these websites for more information on how you can opt back in to the sharing of data. Please note that We Are Giant does not maintain this web tracking data in an identifiable manner.

      Opting out of advertising networks does not necessarily mean that you will not receive advertisements while using our Sites or on other websites.

      We do not support Do Not Track functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

    • Children’s Privacy

      You must be at least 13 years old or older to register or use our Sites, including our account features. The Sites are intended for a general audience and we do not knowingly collect personal information from children under age 13 through the Sites.

      If you are a parent or guardian and you are aware that a child under age 13 has provided us with personal information without parental consent, please contact us using the information in the Contact Us section. If we become aware that we have collected personal information from children under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

    • Links to Other Websites

      Our Sites may contain links to other websites that are not operated by We Are Giant. We are not responsible for the content or privacy policy policies of websites we do not own or control, and our privacy policy does not apply to third-party websites. We strongly suggest you review the privacy policies for third-party websites to understand how your personal information is used and stored by those websites.

    • Changes to This Privacy Policy

      We may change this Privacy Policy from time to time to reflect new services or changes in our data practices or relevant laws. The “effective date” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Sites. If we make any material changes to this Privacy Policy, we will take reasonable measures to notify you via email and/or a prominent notice on our Site prior to the change becoming effective, and will update the effective date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

    • Contact Us

      If you have any questions about this Privacy Policy or wish to exercise one of your privacy rights, please contact us by emailing support@wearegiant.com or sending a letter to:

      Giant Music HoldCo
      750 N San Vicente, Suite 800 West
      Los, Angeles, CA 90069