Popupglobe.com.au is the website of Pop-up Globe International Limited (“our”, “us” and “we”). Our head office is at Pop-up Globe, Level 3, Ascot Building, 80 Ascot Avenue, Auckland, New Zealand and our Company number is 5728453, our email address is: firstname.lastname@example.org. Pop-up Globe is our trading name. The website is set up primarily to promote the Melbourne season at our Pop-up Globe Theatre and the productions that we are presenting there.
1. YOUR OBLIGATION
1.1. You will not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website by any means:
(i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
(ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which:
(i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired
(ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
(iii) create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;
(d) copy or distribute any part of the Website in any medium without our prior written consent; or
(e) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
1.2. You may only use the Website for your personal and non-commercial use
2. OUR RIGHTS
2.1. We reserve the right to:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. While we will endeavour to provide notice on the Website prior to and after any change, it is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access).
2.2. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. Subject to clause 9.7, if it applies in the particular case, you will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3. YOUR PERSONAL INFORMATION
4. LINKS TO OTHER WEBSITES
4.1. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5. BUYING TICKETS FROM OUR DESIGNATED TICKETING PARTNER
5.2. You must check the details relevant to the tickets you wish to purchase (including in relation to the any promotion that may apply to those tickets) with Ticketmaster before purchasing them as they will be the actual party selling those tickets so the actual transaction takes place between you and them. The limitations set out in clause 4 apply to the Ticketmaster website but additionally you agree that in the event that you have any right, claim or action against Ticketmaster in relation to tickets to our productions that you will pursue such right, claim or action independently of and without recourse to us.
6. OUR EMAIL DATABASE
6.1. You will be invited to sign up to our email database via the Website. All data relating to this database is held at our head office located in Auckland, New Zealand.
7. SOCIAL MEDIA
7.1. We would appreciate it if you were to follow us on social media. Links to our Facebook, Instagram, Twitter, Youtube and other social media outlets relating to us and our productions may be provided on the Website. In turn we would ask that while you are active on our social media sites or pages that you treat us and other users of those pages with respect as we have a no abuse policy and we will remove users who breach this. We also will require any input that you have on our social media sites:
(a) do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trade mark rights), other proprietary rights or rights of publicity or privacy;
(b) do not violate any law, statute, ordinance or regulation;
(c) are not defamatory, libelous, unlawfully threatening or unlawfully harassing;
(d) are not obscene or pornographic; and
(e) do not violate any laws regarding misleading or deceptive conduct, anti-discrimination or false advertising.
Failure to abide by any of the above may lead to our removing or restricting your access to any or all of our social media sites or pages.
8.1. This Website may from time to time run competitions, prize draws and other promotions and offers to its members on the website. These will be subject to additional terms and conditions which will be made known to you.
9. LIMITATION OF LIABILITY
9.1. WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
9.2. To the extent permitted by law, the Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement and, unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads apps, tickets/promotions in relation to tickets or merchandise) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
(a) To the extent permitted by law and unless specified in separate terms and conditions related to a particular product or service we make no warranty that:
(i) the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads, apps, tickets/promotions in relation to tickets or merchandise) will meet your requirements or will be uninterrupted, timely, secure or error-free;
(ii) defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads apps, tickets/promotions in relation to tickets or merchandise) are free of viruses or bugs or are fully functional, accurate, or reliable; and
(iii) we will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
9.3. Nothing in the Conditions is intended to, or will, have the effect of excluding, limiting or modifying any term or condition that is implied into the Conditions by any relevant legislation that cannot lawfully be excluded limited or modified.
9.4. You acknowledge that we cannot guarantee and therefore, to the extent permitted by law, we shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you except to the extent that any breach of security or privacy arises directly from any negligent or willful act or omission by us.
9.5. To the extent permitted by law, we will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) loss of data or use of data; or
(d) any other special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
9.6. Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit or other liability that cannot be excluded or limited under applicable legislation.
9.7. Certain terms, conditions or warranties that cannot be excluded, restricted, or modified, or that may only be excluded, restricted or modified to a limited extent only may be implied or incorporated by statute into these Conditions (Mandatory Terms). Our liability for breach of a Mandatory Term is limited, at our option, to, if the breach relates to the supply of goods, the repair or replacement of the goods or the cost of repairing or replacing the goods or, if the breach relates to the supply of services, to the resupply of the services or the cost of resupplying those services, as the case may be.
10.1. YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE WEBSITE, OR ANY USE OF THE WEBSITE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
11. INTELLECTUAL PROPERTY AND RIGHT TO USE
11.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us under these Conditions.
11.2. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
11.4. We reserve all rights not expressly granted in and to the Website and the content in the Website.
12.1. You may send us notices under or in connection with these Conditions by email to hello@Popupglobe.co.nz.
12.1 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.
13.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
13.2 These Conditions (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between you and us relating to such matters. No oral explanation or oral information given by either you or us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purports to exclude liability for any fraudulent statement or act.
13.3 These Conditions will be exclusively governed by and construed in accordance with the laws of Victoria, Australia, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Website is controlled and offered by us from New Zealand. We make no representations that the Website is appropriate or available for use in countries other than New Zealand and Australia.
This Policy explains what personal information Pop-up Globe International Limited and its related and associated companies (known in this Policy as “we”, “our” or “Pop-up Globe”) collect both online (including through apps) and offline and how we use it. Please read it carefully.
Generally, we collect information about you if you sign up for our email database from our websites (including www.popupglobe.com.au) or otherwise, from your purchase of tickets from our third party ticketing partners (either online or at the box office), when you email or call us, and when you use our websites, apps and social media. We use that and other information to provide better services, marketing and support to you and our other customers (including by potentially analysing your information to provide you with a personalised experience).
When you, for example, sign up to our email database, purchase tickets, download one of our apps or contact us on the phone, we may ask your consent to use your information for certain purposes. Your choices about how we use information are described in paragraph E.
Pop-up Globe is bound by, and uses your information in accordance with the Australian Privacy Principles in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
A. Cookies Notice
B. We collect your information in different ways
Directly from you. For example, if you register for a promotion, register for our email database, enter a competition or free prize draw, download an app or buy tickets, post a comment on our social media, or get in touch with us in any other way.
Through your use of our websites and apps. You may view and use our websites and apps via a computer, phone, tablet or other device. We use tracking tools like browser cookies and web beacons on our websites and apps to collect information about your usage. To learn more, please see our Cookies Policy in paragraph N.
From our Production Partners. For example:
• when you buy tickets via our authorised ticket agents, these ticket agents may give us certain information about you. This includes your name, email and postal address;
• venues, where we present the productions or events you buy tickets for, may give us certain information about you, including your name, email and postal address. Information about how we use your information is available in paragraph D.
From third parties. For example: if you choose to use an integrated social media feature on our websites or apps, the third-party social media site will give us certain information about you. This could include your name and email address, location or other identifying and non-identifying information. Your activities on our sites, pages and apps may be posted to the social media platforms.
C. Information we may hold about you
We use the following information for the purposes described in this Policy:
Your contact information. We will hold contact information you provide (e.g. name, address, phone number, email, country of residence, preferred language) when you sign up to our email or any other database, buy a ticket using one of our authorised ticket agents and/or participate in our competitions or promotions.
Your payment and billing information. We will hold payment and billing information you provide to us, e.g. credit card number and post code in connection with the handling of any merchandise or tickets. If you’ve asked us to, we may also store payment and billing information to make it easier for you to buy merchandise in future.
Information you post online. For example, we hold information you post on a third-party social media site to which we have access (including reviews you post or surveys you complete). When you post information online, you must not infringe the rights of others (including privacy rights or by defaming them) and you should be aware that others may use, tag and/or re-publish your information in ways that you might not expect (including in ways that are unlawful). You understand that we and others may use and re-publish any data you post online publicly, on our website or when using apps or social media tools.
Information on your preferences. We may collect information about productions you like or products you buy or enquire about (e.g. as part of a survey or from your review of a production or event). We may also hold information on interests and demographic categories inferred from your interactions with us in order to provide you a better service and to provide you with more focused information. For example, if you buy tickets to a certain show and lots of people who went to that production also bought tickets for a different production, we might send you information about that production.
Information from other companies. We will hold information (e.g. your interests, purchases and household type) provided to us by other companies. We may also add information to your details which we have obtained from other companies or sources. For example, we may cross check the accuracy of the information we hold with other databases, or we may add demographic information. Much of this data is created using publicly available sources such as the edited electoral register or a publicly available postal address list, or is derived from market research such as consumer panel surveys.
Website usage information. If you use our websites, we may collect information about the browser you’re using and your IP address (this is a number that identifies a specific network device on the internet and is required for your device to communicate with websites). We might look at what site you came from, what you did and didn’t use our site for, or what site you visit when you leave us.
App(s) usage information. If you use any of our app(s), we may collect your GPS location or your device’s unique identifier. We might also collect the type of device you are using, or the version of the operating system your computer or device is running. We might look at, for example, how often you use the app and where you downloaded it. Your choices about how we use mobile information are described in paragraph E.
Email response information. In relation to emails we send you, we may collect information on how you respond to such emails, for example, the number of times the email is opened or the links in them are clicked. Please see our Cookies Policy in paragraph N for more information.Other information about your interactions with us. For example, if you interact with us via a box office, email, telephone or social media (e.g. Facebook).
D. We may use your information in the following ways and for the following purposes
To provide you with products, services, and support. For example, we might use your information to confirm your interest in a production. If you give us your friend’s information, we will use it to provide services you request from us. Before you give us a friend’s information, please do make sure that you have your friend’s permission to share that information with us.
To send you communications in connection with a production or event you attend. For example, we might send you emails asking you if you would like to review an event you attended. We might also contact you about this Policy or any of our other policies or terms.
To identify trends and interests. We use your information to get to know what your preferences might be so we can improve our offering to you and so that your experience with us is more relevant and personal. We may combine information we get from you with information about you we get from third parties, including to analyse customer behaviour.
To monitor and improve our productions and related products, services, and websites. We analyse your information to improve our understanding of you and our customer base in general. We do this so that we can make better decisions about our productions and related services, advertising, products and content, based on a more informed picture of how our customers use our current services, and to provide you with a more customised experience.
To prevent or detect unlawful behaviour or to protect or enforce legal rights. For example, we may use your information to prevent ticket touting, misuse of our intellectual property, or fraud (including credit card fraud and fraud we think has happened during a sweepstakes or promotion or at an event) or other crimes. If you are evicted from one of our productions or events, we may retain your details and you may be refused entry to any of our future events.
For security purposes. We may use your information to protect the security of our company, employees, our customers, third parties and/or our/their property (including any productions or events you may attend and our websites) as permitted by law.
For market research purposes. We may contact you as part of market research we are carrying out. You may choose not to participate.
To provide you with tailored advertising and online behavioural advertising. We may work with other companies to show you advertisements we think you may find relevant and useful. This may include advertisements displayed on our own websites or apps, or advertisements from us displayed on other companies’ sites. The advertisements you see may be based on information collected by us or third parties and/or may be based on your activities on our websites or third party sites. The second type of advertising is called ‘online or third party behavioural advertising’. Please see our Cookies Policy in paragraph N for more information and the choices you have.
For marketing purposes. Where you’ve agreed, you may be contacted by us by email, text message, telephone or other means with information or offers regarding our upcoming productions or events, products or services (including newsletters). We may also send you information or offers on behalf of other businesses, but when we do this, we do not give those businesses your name and address.
As otherwise permitted by law. In limited circumstances, we may also use your information for other purposes where permitted by law.
E. You have certain choices about how we use your information
When you sign up to our database, purchase tickets or download our apps, we may ask for your consent in order to collect, process or use your personal information for specified purposes.
If you wish to withdraw any consent you have provided to us for such use of your personal information, please write to us at the email or postal addresses set out in paragraph K or tell us about your preferences using the methods described in this section.
You understand that if you choose not to give us consents, or if you withdraw consents, you may not be able to take advantage of one or more features we offer.
In addition to writing to us, you can opt out in the following ways:
You can opt out of receiving marketing communications. To stop receiving promotional emails or text messages, you can or follow the instructions in any promotional message you get or contact us at the email or postal address. Your device settings should provide you with instructions on how to turn off push notifications. It may take about ten days to process your request. Don’t worry! Even if you opt out of getting marketing messages, we will still be sure to send you transactional messages. For example, we may still contact you about your orders.
You can opt out of receiving our newsletters. To stop receiving our newsletters you can follow the instructions in any newsletter you get from us.
You can control and opt out of us using tools on your devices. For example, you can turn off the GPS locator or push notifications by using the settings on your phone. Each push notification has an “unsubscribe” link.
You can change your marketing preferences with our Production Partners (e.g. opt out of receiving marketing e-mails from them) by contacting them directly.
F. We may share your information with the following third parties
Within the Pop-up Globe family of companies. We may share any or all of your information with our group companies for any of the purposes referred to in this Policy.
Our Production. We may share any of your information with our other Production Partners so that they can also run the production or event for which tickets have been purchased, analyse customer behaviour, provide a better service and support to customers, and for any other purpose described in our Production Partners’ privacy policies (including marketing). You should read those policies to learn how they treat your information.
Selected third parties. If you consented to be contacted by email or other means by selected third parties, we may provide your information to the third parties we select, and these third parties may use this information for their marketing or advertising purposes.
Our third party service providers. We may share your information with third parties so that they can provide services to us (e.g. a mailing house, a courier, a call centre provider, or a market research company), but where we do we will put in place a written agreement protecting your information.
Third parties who provide goods and services purchased by you. Your information may also be shared with relevant third parties offering goods and services you have purchased through our website (e.g. ticket insurance or merchandise) so that they can process and fulfil your orders (including by contacting you).
If we think we have to in order to comply with legal or regulatory requirements or to protect ourselves, Production Partners or third parties. Where permitted by law, we may also share information requested by a government agency or other authorised body or organisation, to protect or enforce our rights or the rights of any Event Partner or third party, or in the detection and prevention of fraud (including credit card fraud and fraud we think has happened during a sweepstakes or promotion or at an event) and other crimes.
Any successor to all or part of our business. Where permitted by law, we may give a successor your information to use for the purposes set out in this Policy – and we may also give a potential successor this information – but only where we have taken reasonable steps to ensure the security and confidentiality of that information.
G. Our sites and apps are not intended for children
We do not knowingly collect personal information from children. If you are a parent or legal guardian and think your child has given us information, you can contact us at one of the addresses set out in paragraph K.
H. We use standard security measures
We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet.
I. We may transfer your information to other countries
The transfer of your information for use in line with this Policy and Cookies Policy may involve the transfer of your information to other countries. For example, the database we use to store your account details is hosted in our head office in Auckland, New Zealand. The laws of other countries to which your information is transferred may not provide the same level of protection for your personal information as the law of your home country. We do, however, put in place appropriate technical and contractual protections for your personal information in accordance with applicable laws.
J. We may link to third party sites or services we don’t control
K. Contact us about privacy or our compliance with the Privacy Principles
If you have any questions, complaints or require a copy of the information we hold about you, please contact us: Email: email@example.com
Postal address: Privacy Officer c/o Administration, Pop-up Globe, Level 3, 80 Ascot Avenue, 1050, Auckland, New Zealand
Please do not include your credit card number or other financial or sensitive information in your email.
To correct, amend or update information you have given us, please contact us at the above address.
We will deal with complaints relating to privacy, where possible, within 30 days. If you are dissatisfied with the outcome of the complaint you can take the complaint to the Office of the Australian Privacy Commissioner.
L. What we will do if there is an update to this policy
From time to time we may change our privacy practices. We will notify you of any changes to this Policy as required by law. We will also post an updated copy on our website. It will have a different date and version number from the one set out below. Please check our site periodically for updates.
M. Who we are
We are Pop-up Globe International Limited and its group companies. Last Updated: June 2017
N. Cookies Policy
What is a cookie? A cookie is a text file containing a small amount of data which is downloaded to the device you use to access our Site and stored on your device’s hard drive. These cookies are for various purposes, including to let our Site recognise your device when you visit the Site again, ensure that you are sent the correct content and to store information about your preferences or services provided for you.Web beacons or other similar files can also do the same thing. We use the term ‘cookies’ in this policy to refer to all files that collect information in this manner.
What cookies do we use? The cookies on our Site can be divided into four categories:
Some cookies are essential for the operation of our Site. For example, cookies allow us to identify users so that they can log-in to their accounts. If you opt to disable these cookies, you will not be able to access your account.
We use functionality cookies to remember your preferences. For example, to remember any changes you have made to your preferences in your account settings. We may also use functionality cookies to provide you with other services, such as allowing you to watch video clips on our Site.
Advertising or Tracking Cookies
Third Party Cookies
Changing browser settings
You can change your browser settings to limit which cookies can be set. These settings are usually found in the ‘options’ or ‘preferences’ menu for your browser.
Further information can be found here, or in the ‘Help’ menu of your browser:
Cookie settings in Internet Explorer
Cookie settings in Chrome
Cookie settings in Firefox
Cookie settings in Safari
However, if you change your settings and block cookies, this will mean that certain features on our Site cannot be provided to you and you may not be able to take full advantage of all of our Site’s features.