1. Introduction.

We are Talking Heads (Southampton) Limited (“we”, “our” and “us”) and we operate under the name of The 1865. Artists, record labels, merchandisers, venues and promoters (“Sellers”) use us to power their online stores and websites (our “Services”). Your privacy is important to us and we are committed to protecting and respecting your privacy. This Privacy Policy is intended to help you better understand how we collect, use and store your ”Personal Data” – defined as information that can be associated with or which relates to a person and/or could be used to identify a person.
 

The 1865 collects and processes information on three main user groups:
1. Sellers (e.g. an artist who has created a The 1865-powered store)
2. Customers (e.g. a fan who buys something from an artist or venue via a The 1865-powered store)
3. Service Providers (e.g. a fulfilment service provider)
 

When you use or interact with us through the Services, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of a Seller using our services. This is an important distinction for EU data protection law purposes and is explained in more detail in Section 15 below.
 

The 1865 will never sell on your Personal Data to third parties and if you choose to consent to receiving marketing emails from The 1865 you will be able to unsubscribe at any time. Please note that The 1865 does not control the practices of its Sellers and it is their responsibility to follow all applicable data protection laws.
 

"Non-Personal Data" as used in this Privacy Policy is any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data.
 

By using any of The 1865’s services, or by dealing with a Seller using The 1865’s services, you are agreeing to the terms of this Privacy Policy and, as applicable, the The 1865 Terms and Conditions for Sellers or Customers.
Talking Heads (Southampton) Limited is a company incorporated in England and Wales under company number 07936882. Our address is 76 Bellemoor Road, Southampton, SO15 7QU.
 

If you have any questions or concerns at any time you can contact us at the above address or via book@the1865.com
 

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2. Personal Data That We Collect.
 

2.1 All Users.
 

Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with enquiries or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and other information that enables Users to be personally identified.
 

Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services ("Automatic Data"). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies.
 

When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
 

2.2 Sellers.
 

As a Seller we will collect additional Personal Data from you.
Information you provide to us: We will collect financial information from you (e.g., your bank account information or billing address) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
 

Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as third party websites, your bank, our payment processing partners and credit reporting agencies.
 

2.3 Customers.
 

As a Customer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of a Seller (see Section 15 below for more information).
 

Information you provide via the The 1865 Services: If you buy items (such as tickets, merchandise) from a Seller, you will provide Personal Data (e.g. your name, address, email). Personal Data collected on behalf of Sellers is provided to the Seller in accordance with section 4.5 below: "How We Disclose and Transfer Your Personal Data: Sellers".
 

Some Sellers may set customised fields at checkout requesting additional Personal Data from Customers. The 1865 is not responsible for the content of the additional fields requested nor the Personal Data they collect. Sellers may use additional third party integrations on their sites, which is outside the control and responsibility of The 1865.
 

Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Sellers, other Customers, social media or other third party integrations, our payment processing partners or other third parties.
 

2.4 Service Providers
 

Service Providers are specific individuals or businesses that have agreed to the terms of the The 1865 Terms and Conditions to work with The 1865 to provide associated services such as order fulfilment, print on demand manufacturing or ticket insurance products.
 

Information you provide to us: We will collect financial information from you (e.g., your bank account information or billing address) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
 

Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Sellers, other Customers, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.
 

 

3. How We Use Your Personal Data.
 

We collect and use the Personal Data we collect in a manner that is consistent with this Privacy Policy. We may use the Personal Data as follows:
 

3.1 Specific Reason.
 

If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose 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 and will respond to the email address from which the contact came.
 

3.2 Access, Use and Provision of Services
 

If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyse your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity to use certain portions of the Services, we will use that information to grant you access to use such Services. Similarly, if you supply Personal Data in the course of an ecommerce transaction, we will use that Personal Data to fulfil that transaction and supply you with the items/events you have purchased, or to help you to do so (such as via abandoned cart functionality).
 

3.3 Internal Business Purposes.
 

We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
 

3.4 Marketing Communications.
 

You will only receive marketing emails from The 1865 if you have opted in to receive them. We will make sure it is clear when you can make these choices, for example, we have boxes you need to select if you want to receive marketing at checkout. You will always be able to unsubscribe from any marketing emails from The 1865.
 

The 1865 (or Sellers where applicable) may email you with reminders or warnings relating to your account or purchases, most commonly for the purposes of providing customer support.
 

If you are a Seller using The 1865’s services, we do not use the Personal Data we collect from you or your customers to independently contact or market to your customers. However, The 1865 may contact or market to your customers if we obtain their information from another source, such as from the customers themselves. We may contact you, as a Seller, to inform you about our Services .
 

You can opt out at anytime by clicking “unsubscribe” in the email or by contacting book@the1865.com.
 

The 1865 provides a mailing list signup widget and sign up option in the site's footer and at checkout for Sellers’ Customers to join the Seller’s mailing list. For example, if you are signing up to a mailing list for a band, it will state clearly who that band is. If you sign up for the band’s mailing list, that data will be passed to the band and it is then their responsibility to ensure they follow all data processing regulations. The 1865 will not contact you for marketing purposes (unless you also join our mailing list).
 

3.5 Other Purposes.
 

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.
 

3.6 Aggregated Personal Data.
 

In an ongoing effort to understand and serve our Users better, we often conduct research on our customer demographics, interests and behaviour based on Personal Data and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once Personal Data is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Data.
 

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4. How We Disclose And Transfer Your Personal Data.
 

4.1 No Sale.
 

We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
 

4.2 Business Transfers.
 

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of The 1865 (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
 

4.3 Parent Companies, Subsidiaries and Affiliates.
 

We may also share your Personal Data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.
 

4.4 Agents, Consultants and Service Providers.
 

We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of The 1865 to perform certain business-related functions. These companies include fulfilment providers, payment processors, online chat and email providers, money transfer services, database service providers, backup and disaster recovery service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
 

4.5 Sellers.
 

When transacting on The 1865, you are buying from a Seller that is typically an artist, one of their partners, or a music venue. The Seller is always displayed at checkout. Your Personal Information is shared with the Seller so that they can run their business, for example to fulfil your order, track sales activity, improve product and service offerings, plan tours and identify their top customers or customers with a certain purchase history. If you have bought a ticket from a Seller, they will likely share your details with the venue and/or promoter for the show, for example so that they can verify your ticket on the door list. If you have bought a physical item from a Seller, they will likely share your details with a fulfilment company, for example for sending you your order. If you would not like your data to be shared in this way please contact book@the1865.com but please bear in mind it will likely impact your ability to use what you have purchased (for example, to attend the event in question if your details are not on the door list). If you have signed up to the Seller’s mailing list, they can contact you with news and announcements, for example announcing a new tour or album release, and they may analyse your sales history to target that effectively. Our Terms and Conditions provide that Sellers using our Services must comply with applicable laws when they use our Services. We are not responsible for the actions of Sellers with respect to your Personal Data.
 

Similarly, if you are a member of a Seller's organisation within The 1865, your Personal Data will be available to the Seller and shared with third parties granted permission by the Seller to view all members of the Seller's organisation.
 

4.6 Legal Requirements.
 

We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
 

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5. How We Store Your Personal Data.
 

We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable organisational and technologicalsecurity measuresto protect the Personal Data collected via the Services from loss, misuse, unauthorised use, access, inadvertent disclosure, alteration and destruction.
 

Everything you share with us is encrypted via industry standard connections and we use database encryption to ensure that your personal data is safe and secure on our servers.
 

We use payment processors such as PayPal and Stripe for payment processing. We are fully PCI compliant and do not hold your credit card data.
 

However, no network, server, database or Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.
 

 

6. How You Can Access, Update, Correct or Delete Your Personal Data.
 

You can request access to some of your Personal Data being stored by us. You can also ask us to correct, update or delete any inaccurate Personal Data that we process about them.
 

If you are a registered User, you can exercise these rights by logging in and visiting the My Account page. Both registered and unregistered Users may also exercise these rights bycontacting us directly by email via book@the1865.com or at the address specified below.
 

If a Customer initiates a data deletion request, The 1865 is authorised to delete or anonymise Personal Data of the requesting Customer from the Services even if that means removing its availability to the Seller through the Services. However, if you are a Customer, you understand that even if The 1865 deletes or anonymises your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Seller's own databases if transmitted to the Seller prior to The 1865 receiving or taking action on any deletion or anonymisation activity.
 

We will consider and respond to all requests in accordance with applicable law.
 

 

7. How Long We Retain Your Personal Data.
 

We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting book@the1865.com. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
 

 

8. Cookies, Pixels Tags, Local Shared Objects, Web Storage And Similar Technologies.
 

The 1865 sites use cookies and The 1865 sellers may also use cookies. Some are strictly necessary, and some are used to monitor site performance or to provide customised advertising.
Essential functionality of The 1865 sites, including location/language/currency preferences and the basket, is provided by the The 1865 cookie: mgid.cookies.
 

Google Analytics (GA) is used to track site usage. Cookies include: _gat_mgTracker, _gat_profileTracker, _gid, _ga. If you would like to opt-out of Google Analytics monitoring your behaviour on our sites please use this link https://tools.google.com/dlpage/gaoptout/.
 

Facebook and Twitter marketing pixels may be loaded on The 1865 sites. These services can provide you with customised advertising based on your usage of the site.
 

We may also use your information such as your email address to deliver customised advertising on social media networks through tools such as Facebook Custom Audiences. You can find out more about these marketing programs by reviewing the privacy policies of the social media sites you use.
 

We may also use other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
 

European Customers: You will be presented with a pop up to manage your cookie settings when you first visit the site, and after that you can manage your cookie preferences via 'Cookie Settings' in the lower left of every page. Google Analytics to track site usage is enabled anonymously at all times for customers in Europe. If you enable Analytics Tracking your IP address will also be submitted to GA. If you enable marketing pixels, Facebook and Twitter marketing pixels may be loaded on the site. These services can provide you with customised advertising based on your usage of the site. If you disable this setting you will still receive uncustomised advertising.
 

 

9. Your Choices.
 

You have several choices available when it comes to your Personal Data:
 

9.1 Limit the Personal Data You Provide.
 

You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to buy items as a Customer, your name, address, billing information and email address will be required by the Seller.
 

9.2 Opt Out from Electronic Communications.
 

(a) The 1865 Marketing Communications.
Where it is in accordance with your marketing preferences, The 1865 may send you electronic communications marketing or advertising the Services themselves or products or ticketson the Services. You can "opt out" of receiving these electronic communications by clicking on the "Unsubscribe" link at the bottom of any such electronic communication.
 

(b) Seller Initiated Communications.
Sellers may use email tools, such as MailChimp or other services, to send electronic communications to those on their email subscription lists. The 1865 does not determine the content or the recipients of these electronic communications. Sellers are required to use email tools only in accordance with all applicable laws. Sellers must provide an "Unsubscribe" link on each of these emails, which allows recipients to "opt out" of electronic communications from the particular Seller.
 

(c) Transactional or Responsive Communications.
Certain electronic communications from The 1865 are responsive to your requests. For instance, if you are a Customer, we must email you your ticket on behalf of the Seller when you purchase such ticket. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting book@the1865.com. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on events you have created (including pay-out issues) or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services and will have no need to receive further communications from us or through our system.
 

(d) Retention.
It may take up to 2 working days for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Sellers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies.
 

9.3 Do Not Track.
 

We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.
 

 

10. Exclusions.
 

10.1 Third Party Links.
 

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
 

 

11. Children - Children's Online Privacy Protection Act.
 

We do not knowingly collect Personal Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us via book@the1865.com and we will endeavour to delete that information from our databases.
 

 

12. International Privacy Laws.
 

The 1865 operates a Global Service. Currently our servers are located in the European Union. Please be aware that if you are buying a product from a Seller in a different country to you, then your information (including Personal Data) will be available to the Seller in that country. Your information may then be transferred to other countries outside of your country of residence. These countries may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
 

 

13. Changes To This Privacy Policy.
 

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, "Modifications"). Modifications to this Privacy Policy will be posted to the Site with a change to the "Updated" date at the top of this Privacy Policy. In certain circumstances The 1865 may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you.
 

Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.
 

 

14. Complaints
 

If you have a complaint about The 1865's privacy practices you should email book@the1865.com or write to us at:
The 1865,
Brunswick Square,
Southampton,
SO14 3AR.
We will take reasonable steps to work with you to attempt to resolve your complaint.