LUIGI Privacy Policies and Terms and Services

Limited Use Policy (Google API)

LUIGI’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Luigi Privacy Policy

LUIGI is administered by The International Contemporary Ensemble (“ICEensemble,” "we," "us," or "our"). ICEensemble is strongly committed to protecting your privacy and helping you understand how we collect, use and safeguard the personal information collected though our website (the "Website"). This page (the "Privacy Policy") describes the policies we have implemented with regards to collecting and using information about you. Please read this Privacy Policy carefully to understand what we do with the information that we collect as part of your interaction with the Website, and please also read our Terms of Use carefully to understand the terms and conditions governing your use of the Website. By accessing or using any portion of the Website or any service or content contained therein, you are acknowledging that you have read, understand and accept this Privacy Policy, and agree, without limitation or qualification, to be bound by this Privacy Policy and our Terms of Use. If you do not agree to be bound by this Privacy Policy or the Terms of Use, please do not use the Website.

Changes to this Privacy Policy. Our Website and content, and our privacy practices, may change over time and, accordingly, we reserve the right, in our sole discretion, to change, add or remove portions of this Privacy Policy at any time and for any reason. If we make a material modification to this Privacy Policy, we will notify you by: (i) sending an email to the address associated with your account (we are not responsible for your failure to receive an email so sent, including as a result of the actions of your ISP or any email filtering service; therefore, you should add iceorg.org to the list of domains approved to send you email (commonly known as your "whitelist")); or (ii) displaying a notice above the text of this Privacy Policy for thirty (30) days, with (i) or (ii) each alone being deemed sufficient notification, of such changes. After notice of a modification to this Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Website following such notification, you agree that by doing so you will be deemed to accept the new Privacy Policy. Your use of the Website constitutes your agreement to be bound by and comply with the then-current Privacy Policy. If at any time you no longer agree to be bound by or comply with the Privacy Policy, then you should stop accessing and using the Website.

Information We Collect.

Your Personal Data. We collect personally identifiable information from you when you voluntarily provide such information, such as when you register for our mailing list, access the Luigi Platform, grant a contribution to ICEensemble, or contact us with inquiries (such information is collectively referred to herein as "Personal Data"). We do not collect any Personal Data from you when you use the Website unless you provide us with the Personal Data voluntarily. When you voluntarily submit your Personal Data to us, you are giving us your consent to the collection, use, and disclosure of your Personal Data as set forth in this Privacy Policy.

Other Information. We may collect additional information (collectively, the "Other Information", and together with Personal Data, the "Information"). Such Other Information may include:

From Your Activity. Information that we automatically collect when you use the Website, including, without limitation:

• IP address, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Website visited, etc.;

• Information about a mobile device, including universally unique ID ("UUID"), Platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and

• Activity and usage information occurring via the Website, including search information.

From Cookies. Information that we collect using "cookie" technology. Cookies are small packets of data that a website stores on your computer's or mobile device's hard drive so that your computer will "remember" information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser's documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website may not function properly.

User Content. Please recognize that if you submit any User Content (as defined in Section 6 of the Terms of Use) through the Luigi Platform, information contained therein, including, without limitation, any Personal Data and any personal information contained within such User Content, may be viewable by others on the Luigi Platform and subject to additional privacy terms contained in the Luigi Platform Agreement. Please carefully consider the information contained in any User Content, and do not provide any Personal Data or sensitive information in any User Content, unless you have any necessary permission to do so and are comfortable with the terms of this Section and the Luigi Platform Agreement

How We Use and Share Information. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Luigi Platform, we will use your Personal Data to provide you with access to the Luigi Platform and to monitor your use thereof. We use the Information you provide to deliver you the content and services you have requested, such as by displaying information about past and future engagements with ICEensemble, including payment estimates and actuals. We may also use your Information to send you e-mails, mailings or other communications concerning ICEensemble. You may adjust your email settings by contacting the Administrators at luigi@iceorg.org. Additionally, we may use your Information in connection with our internal business purposes such as generating statistics and developing marketing plans, or for any other purpose we deem necessary or desirable to enhance your experience with the Website and related products and services.

We may retain other companies and individuals as our service providers to perform functions on our behalf which assist us in performing internal functions necessary to operate our business, including but not limited to development and maintenance of the Website – for example, data analysis firms, customer support specialists, and web service companies (e.g., Salesforce). Such third parties may collect information about you and your use of the Website through us or on their own, and we may share your Personal Data with such third parties to the extent necessary to operate the Website and our business.

If we collect personal information directly from you, we may use it alone or in combination with information we acquire about you from third parties, or that is publicly available from other sources, in order to better tailor and personalize our offerings and our communications with you.

We may disclose any Information, including Personal Data, to governmental authorities or private parties, to the extent we deem that it is necessary, in our sole discretion, in order to comply with any applicable law, regulation, legal process, investigation or governmental request. We may also disclose such Information where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our policies or Terms of Use, to verify or enforce compliance with the policies governing the Website and applicable laws, or as otherwise required or permitted by law or consistent with legal requirements.

Security. We take commercially reasonable steps to protect any Personal Data you provide from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Links to Other Sites. You may find content on the Website that links to websites of our partners, sponsors or other third parties. Please be aware that we are not responsible for the privacy practices of these other parties or their websites. This Privacy Policy applies only to the information that we collect through our Website. We encourage you to read the privacy policies of other websites you link to from the Website or otherwise visit. TO THE FULL EXTENT PERMITTED BY LAW, ICEensemble HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, FOR THE ACTIONS AND CUSTOMER INFORMATION PRACTICES OF ANY THIRD PARTY SITE TO WHICH THE WEBSITE LINKS OR REFERS.

Business Transfers. As we continue to develop and grow, we may sell or liquidate certain of our assets or combine our operations with those of another entity. In such transactions, user information, including Personal Data, generally is one of the transferred business assets. By submitting your Personal Data through the Website you agree that we may transfer your information to such entities in these circumstances.

Important Notice to Non-U.S. Residents. It is important to note that the Website and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Data you provide to us will be transferred to the United States. By using the Website and by providing us Personal Data, you hereby consent to this transfer and our use of the Information in accordance with this Privacy Policy. ICEensemble makes no claims concerning whether the Website or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Children. We do not knowingly collect Personal Data from children under the age of 13 through the Website. If you are under 13, please do not give us any Personal Data. If your clients are under 13, do not provide their Personal Data in any event without a parent's or legal guardian's permission. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data through the Website without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us, please contact us, and we will endeavor to delete that information from our databases.

California Residents. Under California Civil Code Section 1798.83, California residents who have an established business relationship with the Clinic may choose to opt out of our sharing their Personal Data with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Data to third parties for the direct marketing purposes, please contact us as set forth below.

Email Communications. Email communication that you send to us via the email links on the Website may be shared with a customer care representative, employee or the expert that is most likely to be able to address your inquiry. If you provide Personal Data in your email, it will be used only for the purposes of answering your email. From time to time we may send you Website-related emails.

Contact information. Please be assured that we take your privacy quite seriously. If you have any questions, comments or concerns about our privacy practices or this Privacy Policy, please contact icicle@iceorg.org.

This Privacy Policy was last updated: September 1, 2023.

Luigi Terms and Services

The International Contemporary Ensemble (“ICEensemble,” "we," "us," or "our") provides the content and services available on the Luigi Platform in furtherance of our mission: to create an artist-driven organization that empowers—and is empowered by—ICEensemble members. The Luigi Platform contains information about ICEensemble events, budgets, and employment contracts, some of which contain confidential information.

Access to the Luigi Platform is offered only to select users granted access by ICEensemble (collectively, “Luigi Platform Users”), and if you are not an authorized Luigi Platform User we ask that you immediately exit the Luigi Platform.

The Luigi Platform is a proprietary component of the ICEensemble website (the “Website”), and is subject to the Terms of Use (“Terms”) and Privacy Policy that apply to it. The Terms are accessible at http://bit.ly/2AuwD0u, and the Privacy Policy at http://bit.ly/2jdLiG9. The Luigi Platform is further governed by this Luigi Platform Agreement (the “Luigi T&C” or “this Agreement”). By accessing or using any portion of the the Luigi Platform or any service or content on the Luigi Platform, you further acknowledge that you have read, understand, and accept the Luigi T&C, without limitation or qualification, and agree to be bound by the Luigi T&C. If you do not agree to be bound by the Luigi T&C, please do not use the Luigi Platform.

Changes to these Terms. We reserve the right, in our sole discretion, to change, add or remove portions of the Luigi T&C at any time and for any reason. If we make a material modification to the Luigi T&C, we will notify you by: (i) sending an email to the address associated with your account (we are not responsible for your failure to receive an email so sent, including as a result of the actions of your ISP or any email filtering service; therefore, you should add iceorg.org to the list of domains approved to send you email (commonly known as your "whitelist")); or (ii) displaying a notice above the text of the Luigi T&C for thirty (30) days, with (i) or (ii) each alone being deemed sufficient notification of such changes. After notice of a modification to the Luigi T&C has been posted for 30 days, the notice may be removed. If you choose to continue using the Luigi Platform following such notification, you agree that by doing so you will be deemed to accept the new Luigi T&C. Your use of the Luigi Platform constitutes your agreement to be bound by and comply with the then-current Luigi T&C. If at any time you no longer agree to be bound by or comply with the Luigi T&C then you should stop accessing and using the Luigi Platform.

Ownership and Intellectual Property. The Luigi Platform, and all content available on the Luigi Platform, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, code and software, any combinations or compilation thereof, and other material provided by or on behalf of ICEensemble (collectively, the "Luigi Platform Content"), is the property of ICEensemble, our affiliates, licensors or partners, or of Luigi Platform Users, and is protected by applicable copyright and/or other intellectual property rights and laws of the United States and other countries. Unauthorized use of the Content may violate copyright, trademark, and other laws. Unless stated otherwise , You have no rights in or to the Luigi Platform Content, and you shall not use the Content except as permitted under this Agreement. Any use other than as expressly permitted under the Luigi T&C or the Terms is not permitted without prior written consent from ICEensemble. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

In addition, any trademarks, logos, service marks, trade dress, and any other designation of origin displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of ICEensemble, and are protected by United States and international trademark laws. All other Trademarks not owned by ICEensemble or our affiliates, partners or licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with or connected to ICEensemble. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without ICEensemble’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by ICEensemble in writing. All goodwill generated from the use of the Trademarks inures to the benefit of ICEensemble or their respective owners.

Except as expressly permitted under this Agreement, the Terms or as required under applicable law, neither the Luigi Platform Content, the Trademarks nor any other portion of the Luigi Platform may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without our prior written consent. No act of downloading or otherwise copying from the Luigi Platform, even with our permission, will transfer title to any Content or Trademarks to you. We hereby expressly reserve all rights not expressly granted in and to the Luigi Platform the Content and the Trademarks.

Luigi Platform User Content. Any Luigi Platform User may submit User Content (as defined in Section 6 of the Terms) that contains certain personally identifiable information to the Luigi Platform, including a User’s address or birthdate, for Permitted Purposes only. User Content may be uploaded in accordance with Section 5.8 of the Terms. You agree that such User Content constitutes Confidential Information in accordance with Section 5 below. For the avoidance of doubt, all Luigi Platform User Content is deemed “User Content” for purposes of the Terms and Privacy Policy, and all applicable provisions in the Terms and Privacy Policy apply to such User Content.

Confidential Information. For the purposes of this Agreement, "Confidential Information" means any confidential or other proprietary information that you view or have access to through the Luigi Platform, including but not limited to (i) ICEensemble agreements, including with other ICEensemble members and third parties, (ii) reports describing ICEensemble events or detailing budgetary information, (iii) User Content or (iv) information that under the circumstances of its disclosure, should be considered confidential. You shall hold in confidence and treat and safeguard as private and confidential all Confidential Information. You agree: (i) not to disclose the Confidential Information to anyone without prior written permission of ICEensemble, except as required to perform any obligations under this Agreement or to fulfill the purposes for which such Confidential Information was supplied; and (ii) not to use the Confidential Information, except as required to perform any obligations or exercise any rights granted under this Agreement. You agree to employ with regard to the Confidential Information measures that are no less restrictive than the measures You use to protect Your own confidential and proprietary information of similar sensitivity (and that in no event are less restrictive than reasonable procedures). If you are requested to disclose any of the Confidential Information pursuant to any judicial or governmental order, you will, to the extent reasonably feasible, give ICEensemble written notice of the request and opportunity to contest the order prior to disclosing the Confidential Information, and, if required to disclose, shall disclose only that portion of the Confidential Information required to be disclosed.

This page last updated: November 14, 2023