This Privacy Notice is effective as of May 25, 2018
Road Dog Touring, Inc. (referred to in this Privacy Notice as “RDT”, “we”, “us” and “our”) is based in Nashville, TN. Our headquarters are located at 3310 West End Ave. Suite 400 Nashville, TN 37203.
This RDT Privacy Notice (“Privacy Notice”) describes how RDT collects, uses, shares, and retains personal data that you provide to us, or that we collect, when you use the websites located at www.timmcgraw.com, www.faithhill.com, www.soul2soultour.com, www.timandfaith.com, www.em.co the official sites of Faith Hill and Tim McGraw (together, the “Artists”) and any website operated by RDT or its affiliates or subsidiaries on which this Privacy Notice posted (collectively, the “Site”), and any services, content or applications made available on the Site (the Site and these services, content and applications collectively constituting, the “Service”).
Please read this Privacy Notice carefully. If you disagree with anything in this Privacy Notice you must not use the Service. By using or continuing to use the Service or any services provided through the Service, you are accepting the terms, conditions and directions set forth in this Privacy Notice, as described below.
Notice to residents of any member state of the European Union (“EU”), the European Economic Area (“EEA”), Switzerland, and the United Kingdom (collectively, “EEA Residents”). This Privacy Notice has a section dedicated to EEA Residents that provides additional information and opportunities to provide consent (where appropriate). Please refer to the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section of this Privacy Notice for more details about how RDT’s Privacy Notice applies to EEA Residents.
Table of Contents
6.1 Third-Party Processors and Third-Party Service Providers
6.2 Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies
6.3 Business Transfers; Bankruptcy
6.4 Aggregate Information
6.5 Third Party Marketing Partners
6.6 To Protect You, Us, or Others
- Where is the Data Processed & Stored?
- Transferring Personal Data from the EEA to the U.S.
- Dispute Resolution
- Requests from Law Enforcement & National Security Issues
- California Residents
- Data retention
- Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland
14.1 Our Relationship to You
14.3 Legal Bases for Processing Your Personal Data
14.4 Data Subject Rights
14.4.1 Right of Access
14.4.2 Right to Rectification
14.4.3 Right to Erasure (Right to be Forgotten)
14.4.4 Right of Restriction of Processing
14.4.5 Right to Object
14.4.6 Right to Data Portability
14.4.7 Right to Lodge a Complaint with a Supervisory Authority
The specific data RDT collects, stores and processes depends on which products you use and how you use them. We collect personal data and non-personal user data and will disclose in this Privacy Notice the circumstances under which RDT collects either personal data or non-personal data.
For purposes of this Privacy Notice, RDT adopts the definition of personal data set forth in the General Data Protection Regulation (“GDPR”) at Article 4(1) which broadly defines personal data as “any information relating to an identified or identifiable person” and includes identifiers such as a name, online identifiers such as an IP address, and email addresses. This is not an exhaustive list, but a few examples aimed at helping you understand what constitutes personal data. Non-personal user data is data that should not identify a person or to allow RDT to contact a specific person. Some examples of non-personal data are information about a user’s computer operating system or browser, the number of users that visit the Site and the pages of the Site which are visited, as well as usage data as to certain features of the Service that are not connected to any particular user.
If you are from the United States, you may be accustomed to the term “personally identifiable information” or “PII” to describe personal data. For purposes of this Privacy Notice, personally identifiable information is personal data as defined in Article 4(1) of the GDPR.
Where this Privacy Notice describes processing personal data, RDT adopts the definition of “processing” set forth under Article 4(2) of the GDPR: “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
We collect personal data you voluntarily provide to us when you use our Service. If you sign up for our mailing list or newsletter, we collect your first and last name, email address, zip code, phone number, and birthday so that we can ensure you are the appropriate legal age to receive communications from us and to allow us to better communicate with you. If you contact us with a request for information about the Artists, or products, websites or services we offer, we collect your first and last name and email address. If we offer a sweepstakes or contest through the Service we will collect the information necessary for your participation in the contest or sweepstakes.
EEA Residents: Please refer to the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section for more information.
We may automatically collect information about you when you use the Service. For example, if you access the Service through a computer, we will automatically collect information such as your browser type and version, computer and connection information, and standard web log information. If you access the Service through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
RDT works with a company called Convert Kit to manage and provide email
services when you submit your email address through the Service. Convert Kit processes your email address when you submit your email through the Service.
EEA Residents: Please refer to the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section of this Privacy Notice. You can consent/accept to allowing of cookies by adjusting your cookie settings ON THIS PAGE.
RDT and third party businesses use the information collected through the Service using cookies to help manage online advertising programs. This information may enable us, as well as third-party advertising services and other third-party businesses to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices. In addition, some third party businesses may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.
Do Not Track: Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Service in response to any “do not track” requests that we receive from your browser.
EEA Residents: Please refer to the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section of this Privacy Notice. You can consent/opt-in to allow cookies for purposes of online advertising by adjusting your settings ON THIS PAGE.
If you provide your information to us for a particular purpose we will use the information you provide for the applicable purpose. For example, if you contact us with a question about the Site or about the Artists, we will use the information you provide to respond to your question.
We use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service to improve your experience.
If you sign up for our mailing list, or participate in a sweepstakes or contest, we will use the personal data and other information you provide to send you marketing communications relating to the Service and our business generally. If you no longer wish to receive these marketing materials, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us. If you unsubscribe from our direct marketing communications, we will remove your email information from our marketing list.
If you sign up to participate in a contest or sweepstakes offered through the Service we will use the personal data you provide when you enter the contest or sweepstakes to provide the contest or sweepstakes to you, and notify you if you are the winner of the applicable contest or sweepstakes. In addition, if you win the contest or sweepstakes, we will request information necessary to send you the applicable prize. Following the end of the applicable sweepstakes or contest we will delete your information from our records. However, if you have provided your personal data to us for a different purpose, we will continue to process that data for as long as is necessary to serve the purpose for which you disclosed it to us. For example, if you have separately signed up to join our mailing list, we will maintain the personal data submitted for that purpose even if we have deleted data that you provided to enter a contest or sweepstake.
RDT employs or engages other companies to perform business functions on behalf of RDT (“Service Providers”), such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf but are prohibited by contract from using the information for other purposes, except as permitted by law or upon your consent. Our contracts with such persons are at least as protective as this Privacy Notice.
To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
We may share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, there is the possibility that third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
As permitted by applicable law or based on your consent, we may, from time to time, share the personal data and other information you provide to us with selected third party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your personal data and information to our third party marketing partners for their own marketing purposes, you may opt-out by emailing us at privacy@EM.co. Following our receipt of your election to opt-out, we will stop sharing your personal data and information with these third party marketing partners for their own marketing purposes within a reasonable time period. However, if we have shared your personal data or information with a third party marketing partner prior to this time, that third party will continue to have your information and may continue to send marketing communications to you. If you no longer want to receive marketing communications from the applicable third party, you will need to notify the applicable third party directly.
EEA Residents: Please refer to the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section of this Privacy Notice to provide consent (or decline) and (if consenting) identify the marketing partners with whom you would like to share your personal data.
We may share your personal data if we believe, in good faith, that such disclosure would protect your interests or rights, or the interests or rights of others, including RDT and its personnel.
Personal data processed by RDT is processed and stored by RDT in the United States. RDT uses reasonable physical, technical and administrative measures to safeguard all personal data it processes and prevent unauthorized access and disclosure of any personal data. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any personal data that we process. You acknowledge that RDT processes your personal data at your own risk.
RDT has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. A finding of “adequacy” in short means that the European Commission has decided that a country outside the EEA ensures an adequate level of data protection. In instances where RDT is the data controller processing the Personal Data of visitors to its website or consumers, relies on Article 49 of the GDPR as the United States has no “adequacy” decision and no other safeguards under the GDPR are in place (for example binding corporate rules on the transfer of Customer Personal Data outside the EEA). In particular, the Personal Data RDT processes and transfers to the U.S. concerns only a limited number of data subjects and is collected and transferred to the U.S. only with your consent, or is necessary for the purposes of the compelling legitimate interests of RDT in providing superior Services in a manner that does not outweigh your rights and freedoms. RDT endeavors to apply suitable safeguards to protect the privacy and security of its customers and website visitors Personal Data and to use it only consistent with the specific relationship with RDT and the practices described in this Privacy Notice. RDT also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
If you wish to confirm that RDT is processing your personal data, or to have access to the personal data RDT may have about you, please contact us at firstname.lastname@example.org and/or refer to The Right of Access in the Special Notice to Individuals in the European Economic Area, United Kingdom and Switzerland section below.
We take your privacy concerns seriously. If you believe that RDT has not
adhered to this Privacy Notice, please contact us by sending an email to: email@example.com with the subject line: Privacy Concern. In your email, please describe in as much detail as possible the ways in which you believe that this Privacy Notice has not been complied with. We will respond to you within forty-five (45) days of receipt of your email and will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
RDT may disclose information we have about you (a) if we are required to do so by law or pursuant to legal process, (b) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements, or (c) when we believe disclosure is reasonably necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or illegal activity.
Our Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly collect personal data from any child under the age of 13, unless a parent or guardian consents to our collection and processing of this information. If a parent or guardian becomes aware that his or her child has provided us with personal data without their consent, he or she should contact us at firstname.lastname@example.org If we become aware that a child under 13 has provided us with personal data, we will take steps to delete the information from our files.
If you are a California resident between the age of 13 and 18 and are a registered user on the Service and participate in the public forums offered through the Service, you may request that we remove content or information about you that you posted by (a) submitting a request in writing to email@example.com with the subject: California SB 568, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
We will retain your personal data only for as long as reasonably necessary for the purposes described in this Privacy Notice. Please be aware that we may also be required to retain your personal data for legal and accounting reasons.
This portion of our Privacy Notice only applies to EEA Residents located in the EU, EEA, Switzerland, or the United Kingdom (collectively, “EEA”) at the time of data collection. We may ask you to identify which country you are located in when you use the Service, or we may rely on your IP address to identify which country you are located in.
When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the EEA.
If any terms in this section conflict with other terms contained in this Privacy Notice, the terms in this section shall apply to users in the EEA.
If you are not an EEA resident, this section of the Privacy Notice does not apply to you.
RDT is a data controller with regard to any personal data collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any personal data is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your personal data in accordance with our instructions. Third party marketing partners who you permit us to share personal data with are “joint controllers” under Article 26 of the GDPR.
We will only contact individuals located in the EEA by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law, or the individual’s consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you.
If you do not want us to use your personal data in this way, or to disclose your personal data to third parties for marketing purposes, please click an unsubscribe link in your emails, or contact us at firstname.lastname@example.org. You can object to direct marketing at any time and free of charge.
We describe our legal bases for processing throughout this Privacy Notice. Below is a list of the purposes described in our Privacy Notice with the corresponding legal bases for processing. Generally, the legal bases on which we rely on to process your personal data include: our legitimate interests balanced against any potential impact on you and your rights; your consent to the processing; our legal obligations, and the necessity to protect your vital interests as described in the table below.
|Purpose for Processing||Legal Bases for Processing|
|Section 2.2: Data You Voluntarily Provide through the Services
Section 2.3: Information Automatically Collected Through the Service.
Section 5.1: Fulfillment of Requests
Section 5.2: Operation of the Service
Section 5.3: Direct Marketing Communications
Section 5.4: Administration of Sweepstakes and Contests
Section 6.1: Third-Party Processors and Third-Party Service Providers
Section 6.3: Business Transfers; Bankruptcy
|Based on our legitimate interests. When we process your personal data for our legitimate business interests we always ensure that we consider and balance any potential impact on you and your rights under data protection laws.|
Section 4.2: Online Advertising; Tracking
Section 6.5: Third Party Marketing Partners
|Based on your consent.|
|Section 6.2 (a) & (c): Responses to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies
Section 10 (a) & (b): Respond to Law or Required by law
|Based on our legal obligations.|
|Section 6.2 (b): Responses to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies
Section 6.6: To Protect You, Us, or Others
Section 10 (c): Disclosure for National Security Issues/Reasons
|To protect your vital interests.|
This portion of our Privacy Notice advises EEA residents of the applicable GDPR rights (often called “data subject rights”) and how to effectuate these rights by communicating with us. We provide you with the rights described below when you use our Services. If you would like to exercise your rights under applicable law, please contact us at email@example.com Please note, we may seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.
EEA residents have the right to obtain from RDT the confirmation as to whether or not personal data concerning him or her is being processed. EEA residents may request access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- information as to whether the personal data of an EEA resident is transferred to a third country or to an international organization and. Where this is the case, the EEA resident shall have the right to be informed of the appropriate safeguards relating to the transfer.
This Privacy Notice advises you as to the details of the personal data RDT is processing.
If you need additional confirmation concerning the personal data RDT is processing you may request confirmation by sending an email to firstname.lastname@example.org with Right of Access in the subject line.
The right to access is described under Article 15 of the GDPR.
EEA residents have the right to request that RDT correct or “rectify” any inaccurate personal data concerning him or her.
If an EEA resident believes RDT has inaccurate or incomplete personal data, he or she may request rectification by sending an email to email@example.com with Right To Rectification in the subject line. RDT will ensure any inaccurate or incomplete data is corrected within thirty (30) days of receiving your email request.
The right to rectification is described under Article 16 of the GDPR.
EEA residents have the right to request that RDT erase/delete personal data concerning him or her without undue delay. RDT shall have the obligation to erase personal data without undue delay under the following circumstances:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The EEA resident objects to the processing pursuant to Article 21(1) (i.e., the Right to Object described below), and there are no overriding legitimate grounds for the processing, or the EEA resident objects to processing personal data for direct marketing purposes which the EEA resident can terminate by following the instruction described here explaining how to unsubscribe from direct marketing materials you requested.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned circumstances applies, and an EEA resident wishes to request the erasure of personal data stored by RDT, he or she may request erasure/deletion by sending an email to firstname.lastname@example.org with Right To Be Forgotten in the subject line. RDT will comply with the erasure/deletion request within thirty (30) days of receiving your email request.
The right to erasure is described under Article 17 of the GDPR.
EEA residents have the right to restrict RTD’s processing of personal data if one of the following circumstances applies:
- the accuracy of the personal data is contested by EEA resident, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the EEA resident opposes the erasure of the personal data and requests the restriction of their use instead;
- RTD no longer needs the personal data for the purposes of the processing, but the EEA resident needs the personal data for the establishment, exercise or defense of legal claims;
- the EEA resident has objected to processing pursuant to Article 21(1) of the GDR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted because the accuracy of the personal data is contested by the EEA resident, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
RDT will inform any EEA resident who has obtained restriction of processing because the accuracy of the personal data is contested by the EEA resident before the restriction of processing is lifted.
The right to restriction of processing is described under Article 18 of the GDPR.
EEA residents have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on RDT’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described throughout Section 5 of this Privacy Notice.
If you are an EEA resident and object to the processing of your personal data, please notify us by sending an email to email@example.com with Data Right Objects to Processing in the subject line and RDT will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If you are an EEA resident and have been using our Service before May 25, 2018 and do not agree to any of the processing activities described in this Privacy Notice, you should immediately stop using the Service.
The right to object is described under Article 21 of the GDPR.
The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b). There are not any data processing activities that occur based on any of these circumstances, so EEA residents have no right to data portability when accessing or using the Service.
The right to data portability is described under Article 20 of the GDPR.
EEA residents have the right to lodge a complaint with a supervisory authority if the EEA resident believes the processing of personal data relating to him or her infringes the GDPR.
The right to lodge a complaint is described under Article 77 of the GDPR.
Occasionally we may, in our discretion, make changes to this Privacy Notice. When we make material changes to this Privacy Notice, we’ll provide you with prominent notice as appropriate under the circumstances, for example, by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes become effective will constitute your acceptance of the changes. Please therefore make sure you review any applicable changes carefully. If you do not agree to the revised Privacy Notice, you should stop using the Service.
If you have any questions or concerns about this Privacy Notice, please contact us by sending an email to: firstname.lastname@example.org