Electronic Theatre Controls’ Privacy, Cookie, Terms of Use, and Acceptable Use Policies

Privacy Policy Terms of Use Policy

Cookie Policy Acceptable Use Policy

Privacy Policy

Last Updated: January 1, 2023

This Personnel Privacy Policy (the “Policy”) describes how Electronic Theatre Controls, Inc. and its affiliates (“ETC,” “we,” or “our”) collects, uses, discloses, transfers and stores (collectively, “processes”) personal information from employees, applicants, contractors, consultants, and other individuals who currently work or previously have worked for ETC (collectively, “Personnel”, “you” or “your”) and any third parties whose information is provided to us in connection with any Personnel’s employment or engagement relationship with ETC (e.g. emergency contact information).

This CA Personnel Privacy Policy sets forth our privacy practices as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively “CCPA”). The CA Personnel Privacy Policy applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “personal information” as described in the CCPA. We provide you this notice because, under the CCPA, California Residents who are our current or former employees, officers, directors, contractors, agents, consultants, agent workers, job applicants, and any other individuals who currently work or previously worked for us qualify as Consumers. Where we refer to “employment” or “engagement” in this Policy, we do so for convenience only, and this should in no way be interpreted as purporting to confer employment status on non-employees to whom this Policy also applies. This CA Personnel Privacy Policy does not form part of any contract of employment or engagement, does not confer any employment status or contractual right on any Personnel or place any contractual obligation on us.

If you are a California business contact, please refer to our Electronic Theatre Controls Privacy Policy for B2B for a description of our privacy practices in that context.

Changes to this Privacy Policy

We may amend or otherwise modify this Privacy Policy at any time. All modifications will take effect immediately upon posting of the updated Privacy Policy on the Site. By accessing or using the Site after modifications are posted, you agree to those modifications. Material changes will be conspicuously posted on the Site. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated is noted at the beginning of this Privacy Policy.

We may change this CA Personnel Privacy Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this CA Personnel Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the Career Portal and employee intranet or sending you a notification). We encourage you to review the CA Personnel Privacy Policy often to stay informed about our information practices and the choices available to you.

CONTENTS

Applicability of Other Policies
Information We Collect
How We Collect Your Information
How We Use Your Information
Who May Have Access To Your Personal Information
Data Retention
Additional Disclosures for California Residents
Additional Disclosures for European Residents
Security
Contacting ETC

1. APPLICABILITY OF OTHER POLICIES

This Policy does not cover our processing of personal information collected from you as a ETC customer or a visitor of our websites. To learn more about ETC’s data collection practices in these cases, please read the Electronic Theatre Controls Privacy Policy.

In some cases, you may provide personal information to third parties that we work with. This could be, for example, when you opt-in at your own discretion to services or benefits programs provided by third parties to our Personnel. By participating in such services or benefits programs, you understand that your personal information is governed by separate privacy policies which are not under our control. Please contact such third parties for questions regarding their privacy practices.

2. INFORMATION WE COLLECT

We collect information in order to manage our relationship with you during the course of your employment or engagement with us. The categories of personal information we may process about you include:

Categories of Personal Information	Examples of Personal Information Collected
Identifiers.	A real name, alias, postal address, unique personal identifier, telephone number, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, national tax or social insurance number (as applicable and to the extern permitted by applicable law), date and place of birth, citizenship, information required for tax reporting, visa and work permit data, directory photo (as permitted by applicable law), or other similar identifiers permitted or required by applicable law.
California Customer Records.	A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information.
Protected classification characteristics under California or federal law.	Age, race, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), information relating to same sex benefits, veteran or military status.
Internet or other similar network activity.	Information, including, but not limited to, browsing history, search history, and information regarding Personnel’s interaction with an internet website, application, or advertisement, and data about your use of ETC’s equipment, electronic communications systems, and property, such as computers, email, internet, and voicemail.
Professional or employment-related information.	Performance data, employment qualifications data, organizational data, contract and compensation data, absence data, compliance data.




Monitoring: We reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. In the event such monitoring occurs, it may result in the collection of personal information about you. Some ETC facilities are equipped with surveillance equipment such as cameras and CCTV which may capture your image or information about your movements, and which may be used to protect the safety of ETC staff, visitors and property. This is not meant to suggest that all Personnel will in fact be monitored, but to alert you that when using ETC equipment and resources, you should not have any expectations of privacy with respect to your use of such equipment or resources. We will ensure that any personal information generated by this monitoring is treated in accordance with this Policy.

Sensitive Information: There are “special” or “sensitive” categories of personal information which require a higher level of protection. Please note that we may collect, store and use, where permitted, such “special” or “sensitive” categories of personal information, which may include, subject to applicable law: health and medical related data e.g., number of sick days, workplace accidents, disabilities (if voluntarily disclosed), symptoms of, or risk of exposure to, certain illnesses (e.g., contact with others who may be sick or relevant travel history), and pregnancy related information; racial or ethnic origin; social security, driver’s license, state identification card, or passport number; the contents of mail, email, and text messages; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; and data relating to criminal convictions and offenses. We collect this information for specific purposes, such as e.g., health/medical information in order to accommodate a disability or illness and to provide benefits, and diversity-related personal information (such as gender, race or ethnicity) in order to comply with legal obligations and internal policies relating to diversity and anti-discrimination.

The provision of personal information as described in this Policy is partly a statutory requirement and partly a requirement to enable us to carry out our relationship with you. In general, you are required to provide the personal information, except in limited instances when we indicate that the provision of certain information is voluntary (e.g., in connection with satisfaction surveys, or equal opportunities and diversity monitoring and initiatives). Not providing the personal information may prevent ETC from carrying out the employment or contractor relationship with you and, in certain exceptional cases, may require ETC to terminate your employment where permitted by applicable law.

If you provide ETC with personal information about your spouse, domestic civil/partner, and/or dependents (e.g., for emergency contact, security screening, or benefits related purposes) (“Dependents”), please make sure to inform them accordingly, about - inter alia - their rights with respect to our processing of their personal information (as included in this document) and that you may disclose their personal information to ETC for these employment purposes. You should also obtain the consent of these individuals (unless you can provide such consent on their behalf, e.g., children) if such consent is required by law for the collection, use, storage, transfer, and processing of their personal information.

3. HOW WE COLLECT YOUR INFORMATION

Generally, we collect personal information directly from you in circumstances where you provide it (e.g. when you applied to work for us, during the onboarding process, benefits enrollment, etc.). We may also collect personal information automatically, such as when monitoring the use of our premises, equipment, devices, computers, network, applications, software, or similar assets and resources. We may also obtain personal information from your previous employers or educational institutions, from peers (e.g. performance reviews), third-party service providers (e.g. benefit providers, pension schemes), your named references, medical professionals, legal bodies and publicly accessible sources such as your LinkedIn profile and other social media platforms.

4. HOW WE USE YOUR INFORMATION

   We use your personal information to support our human resources and for other business purposes, including establishing, managing or terminating your employment relationship. Such uses include:

• Recruitment, such as evaluating your application for employment, conducting interviews, conducting background checks for security purposes (when we have your consent or as permitted by applicable law), and deciding terms of an employment offer;
• Personnel management, such as monitoring assignments, evaluating performance, training Personnel, communicating with you and responding to your requests, inquiries, and comments;
• Operational purposes, such as distributing payroll and company benefits, updating personnel files, conducting audits, and processing work-related claims, providing IT support and other troubleshooting;
• Benefits administration purposes, such as administering and maintaining group health insurance benefits and additional wellness programs, retirement plans, life insurance, disability insurance, leave programs, and other ETC-offered benefit programs;
• Marketing activities, including marketing photos, billboards, website content, videos, social media posts, research and development of new products and services, and other related marketing activities, for which we will only use your personal information in creating this content with your consent;
• Statistical and analytical purposes to understand and improve worker satisfaction and performance;
• Administration of our applications, software and systems, including ensuring the security of our workforce, guests, property and assets;
• Legal and compliance purposes, such as implementing internal policies, detecting and responding to suspected fraud, security incidents, or other activity which is illegal or violates ETC’s policies, protecting ETC’s and others’ rights and property, exercising a legal claim, cooperating with law enforcement investigations and complying with applicable laws, regulations, legal processes, or governmental requests;
• As necessary in order to protect the vital interests of Personnel or of another natural person, such as during an emergency where the health or security of Personnel is in danger, or to prevent imminent physical harm or financial loss, or to comply with our legal obligations;
• As necessary to comply with corporate financial responsibilities, including audit requirements (both internal and external), accounting, and cost/budgeting analysis and control;
• As necessary and appropriate to provide reasonable workplace accommodations;
• As necessary for the performance of a contract or in order to take steps at the request of our Personnel prior to entering into a contract, such as to arrange for payments; and
• To enable solely internal uses in a lawful manner that are reasonably aligned with expectations of Personnel based on our work relationship and that are compatible with the context in which the information was provided to ETC.

5. WHO MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION

   Within ETC: We may disclose certain of your personal information to ETC personnel and affiliates who need to know the information for the purposes described above, including personnel in the human resources and information technology departments.

   Third-Party Service Providers: We may use third party service providers acting on ETC’s behalf to perform some of the services described above. For example, we share certain information with service providers who assist with the administration of payroll, pension, benefits, equity, performance management, training, Personnel communication, and expense management.

   Customers: We share information about you with customers in connection with business operations, e.g., work contact details may be sent to potential or current customers.

   Professional Advisors: We also may share information about you with our professional advisors, including accountants, auditors, lawyers, insurers and bankers if needed. We only permit these advisors to process your personal information for specified purposes and, as appropriate, in accordance with our instructions and the provisions of this Policy and applicable law.

   Other Third Parties: In certain limited circumstance, we share and/or are obligated to share your personal information with other third parties, including (a) to comply with our obligations, to protect the rights and property of ETC, our customers and the public, to cooperate with law enforcement investigations or regulators, and to detect and respond to suspected illegal activity and threats to the health or safety of any person or of our systems or services; (b) in connection with, or during negotiations of, any merger, joint venture, sale of company assets, financing, or acquisition of all or a portion of our business, assets or stock by another company (including in connection with any bankruptcy or similar proceedings); and/or (c) with your consent and at your direction.

   We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

6. DATA RETENTION

   The length of time we retain your personal information depends on the status of our relationship with you and the requirements of applicable law. We will retain your personal information for as long as your employment or engagement with us lasts, and for a certain period thereafter, after which point it will be deleted or archived in accordance with applicable law. To determine that period, we take into account a number of factors including our legal and regulatory obligations (such as financial reporting obligations and equal opportunity or anti-discrimination reporting obligations) and whether we may need to retain personal information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes and/or enforce our agreements.

7. ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

   If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) requires us to disclose the following information with respect to our collection and use of personal information and your rights.

   To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the Information We Collect section above, noting that if you have neither joined ETC nor entered into a contract to work for ETC in the past 12 months we may not have collected employment qualifications data or certain contract data from you in the past 12 months. We collect such personal information for the employment purposes described in the How We Use Your Information section above.

   We may disclose such personal information with the third parties listed in the Who May Have Access To Your Personal Information section above. California law requires that we provide additional transparency regarding such disclosures. Below, we have provided more detail regarding the two ways in which we may disclose your personal information in the past 12 months: (a) “sales” and “sharing” of information and (b) general disclosures of information for a business purpose.

   “Sales” and “Sharing” of Information

   ETC does not “sell” or “share” your personal information. We have marked “sales” and “sharing” with quotation marks because a “sale” under California law broadly includes disclosure of information in return for any valuable consideration, and “sharing” under California law is narrowly defined as the disclosure of information to a third party for cross-context behavioral advertising. We do not have any knowledge of any “sales” or “sharing” of the personal information of minors under 16 years of age. We also do not “sell” or “share” any Sensitive Information.

   Disclosures of Information for a Business Purpose

   To manage our business and in furtherance of our relationship with you, we sometimes disclose personal information to third parties. These third parties cannot further collect, “sell,” “share,” disclose, or use the personal information we provide to them except as necessary to perform our purposes, as instructed or permitted by us.

   In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes as described in this Additional Disclosures for California Residents section:

   Categories of Personal Information Disclosed for a Business Purpose	Categories of Third Party Recipients
   Identifiers	Third-Party Service Providers Professional Advisors Other Third Parties
   Financial information	Third-Party Service Providers Professional Advisors Other Third Parties
   Information related to health insurance and other benefits	Third-Party Service Providers Professional Advisors
   Characteristics of protected classifications under state or federal law	Third-Party Service Providers
   Sensory data (e.g., audio, electronic, visual)	Third-Party Service Providers
   Sensory data (e.g., audio, electronic, visual)	Third-Party Service Providers
   Internet or similar network activity.	Third-Party Service Providers
   Professional or employment-related information	Third-Party Service Providers
   Education records	Third-Party Service Providers
   Sensitive Information	Third-Party Service Providers

   We do not use or disclose your Sensitive Information for purposes beyond the minimum allotted by law, for example, where necessary to provide you with employment and benefits, to detect security incidents, and ensure the safety of our employees and customers.

   Your California Privacy Rights

   Under California law, you have a right to notice, upon collection, of the categories of personal information (including sensitive information) collected, of the purposes for which such personal information will be used, whether such personal information is “sold” or “shared,” and for how long we retain such personal information. With limited exceptions, you also have the right to access a copy of the categories and specific pieces of personal information that we collect about you, explaining how we collect, use, disclose, and if we “sell” and/or “share” such information; the right to ask us to delete/anonymize or correct your personal information; the right to opt-out of the “sale” or “sharing” of your personal information; and the right to limit our use or disclosure of Sensitive Information. Finally, you have the right to be free from discrimination or retaliation for exercising your rights.

   As noted above, we do not “sell” or “share” your personal information, nor do we use or disclose Sensitive Information for purposes beyond the minimum allotted by law (e.g., to maintain an employment relationship with you). However, if you would like to exercise any other of your rights listed above, you may make these requests by calling 877-512-2306 or email privacy@etcconnect.com. We will verify your request by asking you to provide information related to your recent interactions with us, such as your employee ID number. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request. If you have an ADP portal with us, you may be able to exercise some of your rights while logged-in to ADP. We will not discriminate or retaliate against you if you exercise your rights under the CCPA.

   1. Right of access: Under certain circumstances, you have the right to obtain from us confirmation as to whether or not personal information concerning you is processed, and, where that is the case, to request access to such personal information. The access information includes – inter alia – the purposes of the processing, the categories of personal information concerned, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, the duration of retention, and the appropriate safeguards put in place to safeguard the personal information in case of transfer outside of the EEA. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You have the right to request a copy of the personal information. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.
   2. Right to rectification: Under certain circumstances, you have the right to obtain from us the rectification (i.e., correction) of inaccurate personal information concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal information completed, including by means of providing a supplementary statement.
   3. Right to erasure (right to be forgotten): Under certain circumstances, you have the right to obtain from us the erasure of personal information concerning you. In such cases, we will take steps to erase, or render permanently unintelligible, such personal information.
   4. Right to restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of processing of your personal information. In this case, the respective data will be marked and may only be processed by us for certain purposes. However, as ETC processes and uses your personal information primarily for purposes of carrying out the contractual employment relationship with you, in case you object to (and request restriction of) the processing of your personal information on grounds relating to your particular situation ETC will in principle have a compelling legitimate interest for the processing which will override your objection/restriction request, unless your request relates to marketing activities (which generally do not apply in the employment context).
   5. Right to data portability: Under certain circumstances, you have the right to receive the personal information about you that you have provided to us, in a structured, commonly used and machine-readable format so you can transmit this personal information to another entity, or request that we transmit directly your personal information to another data controller, where technically feasible.
   6. Right to object: Under certain circumstances, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information by us. If you have a right to object and if you exercise this right, your personal information will no longer be processed for such purposes by us unless ETC demonstrates compelling legitimate grounds pursuant to applicable law. This is not an absolute right and does not apply in certain situations, such as when processing is necessary to perform the employment contract, to comply with applicable EU or Member State law, or to defend legal claims.

   You can contact privacy@etcconnect.com to exercise your rights in relation to your personal information. We will respond to your request consistent with applicable law. If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at 877-512-2306.

8. ADDITIONAL DISCLOSURES FOR EUROPEAN RESIDENTS

   Your Global Privacy Rights: For Personnel in California and/or the EEA, where the collection or processing of personal information is based on your consent, you may withdraw your consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.  Pursuant to applicable data protection law, you also have the following rights in relation to your personal information: (i) request access to your personal information; (ii) request rectification of your personal information; (iii) request erasure of your personal information; (iv) request restriction of processing of your personal information; (v) request data portability of your personal information; and/or (vi) object to the processing of your personal information. Please note that your rights may vary depending on applicable data protection law and certain information may be exempt from such requests.

   Legal Grounds: If European privacy laws apply to you, our processing of personal information for the purposes mentioned above is based on the following legal grounds:

   • our need to perform contractual and precontractual measures in respect of our relationship with you;
   • our legitimate interests, such as for trainings, strategic planning and security, Personnel satisfaction surveys, administering the workforce, and providing and securing IT communication and systems;
   • to comply with the law, when certain information is necessary to satisfy our legal or regulatory obligations (e.g. paying income taxes, recording overtime, providing compensation, providing work-related allowances and benefits, complying with employment and immigration laws);
   • to carry out the obligations and exercise specific rights of ETC or you in the field of employment and social security and social protection law;
   • to secure a vital interest of yours or of someone else, such as emergency contact information for your family in the event of an emergency;
   • for reasons of substantial public interest, on the basis of applicable law;
   • for the assessment of the working capacity of the employee as permitted by local data protection law (including for the purpose of reintegration or support of employees in connection with illness or disability);
   • for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity. and
   • with your consent, after providing you with notice of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.

   
   

   If you have a concern about our processing of personal information that we are not able to resolve and you are located in the EU or UK, you have the right to lodge a complaint with the relevant data privacy authority (this may be linked to where you reside, work or the place of any alleged infringement). For contact details of the relevant Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

   International Data Transfers. Due to the global nature of our business, ETC may transfer your personal information across international borders, consistent with applicable data protection laws, including to the United States. Where personal information is transferred to countries outside of the EEA that are not recognized as providing an adequate level of protection under European privacy laws, we provide adequate protection for the transfer of personal information to the extent required by, and in accordance with applicable law, such as by executing the Standard Contractual Clauses. You can request a copy of the appropriate safeguards by contacting us as set out in the Contacting ETC section below.

9. SECURITY

   ETC is committed to protecting the security of your personal information and ensuring a level of security appropriate to the risk our data processing presents. Taking into account the costs of implementation, the sensitivity of the data and nature of the data processing, ETC applies technical and organization measures to prevent unauthorized access, destruction, loss, alteration or misuse of personal information.

10. CONTACTING ETC

    If you have any questions regarding this Policy, please contact your local HR manager. If you are a European resident, you may also contact our local Data Protection Officer at:

    Phone: 877-512-2306
    Email: dpo-contact@iitr.de.
    Postal Address:
    ATTN: Dr. Sebastian Kraska
    Marienplatz 2
    80331 Munich
    Germany

• Third Party Contact Information:

Atlassian
1098 Harrison St.
San Francisco, CA
94103

BigCommerce, Inc.
11305 Four Points
Austin, TX 78726
Attention: General Counsel

HubSpot, Inc.
25 First Street, 2nd Floor
Cambridge, MA 02141
https://preferences.hubspot.com/privacy

Web Courseworks, Ltd.
7617 Mineral Point Road #301
Madison, WI 53717

Cvent
8180 Greensboro Drive, Suite 900
McLean, VA 22102

MindTouch
San Diego, CA 92101
www.mindtouch.com

Microsoft
One Microsoft Way
Redmond, Washington 98052

LoginRadius, Inc.
815 West Hastings Street
Suite 801
Vancouver, BC
Canada V6C 1B4

JotForm
111 Pine St. Suite
1815 San Francisco,
CA 94111
https://www.jotform.com/

Cookie Policy (not the good kind)

Last update: January 11, 2022

This Cookie Policy explains what cookies are and how we (Electronic Theatre Controls, Inc., and its affiliates) use them. Please read this Cookie Policy carefully to understand our policies and practices regarding the information we collect using cookies and how we use and share that information. We strive to keep this policy up to date, but we cannot guarantee its accuracy at all times. In addition, we may update this Cookie Policy from time to time.

What are cookies?

"Cookies" are pieces of information that a website sends to your computer while you are viewing that website. We may set and access the cookies listed below on your computer to track and store preferential information about you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Site may then be inaccessible or may not function properly. If you are located in the European Union, you can use our cookie control tool to turn off certain cookies. Please see below for directions on how to use our cookie control tool.

Types of cookies

• Essential Cookies. Essential cookies are required in order to make our site run. These cookies run automatically when you visit our site and cannot be turned off. Without these cookies, our site would not work as it should. Below is a list of the essential cookies used on each of our sites:

• Non-essential Cookies: Non–essential cookies are cookies we have added to the site in order to enhance your experience on the site. You can choose to allow or disallow these cookies to run on the site, as explained below. Please note, if you block non – essential cookies, your experience on the site may be affected. Below is a list of the non–essential cookies used on each of our sites:

• Third-Party Cookies. Third-Party cookies are served by third-parties. We do not control these Third-Party cookies. If you have any questions about these Third-Party cookies, you should contact the Third-Party directly. Below is a list of the Third-Party cookies used on each of our sites:‌

Controlling Cookies

Essential Cookies are required for the site to function and cannot be turned off.

Non – essential Cookies:

• If you are visiting the site from within the European Union, non-essential cookies can be turned on or off by clicking on the “C” icon in the lower right hand corner of the site and changing the toggle to on or off. Non – essential cookies will not run until and unless you consent to the non – essential cookies. Your consent or non-consent will be stored for one year. After this time, or if we add a new cookie in the meantime, you will again be asked for your consent before any non – essential cookie will run. You can change your consent at any time by clicking on the “C” icon and changing the toggle to on or off.
• If you are visiting the site from outside of the European Union, non – essential cookies will run automatically. You may be able to turn these cookies off through your browser.
• For all visitors to any of the sites listed in the charts above, your cookie preferences for one site will be carried through to all sites.

Contact Information

If you have questions or concerns about this Cookie Policy, please contact us at any of the following:

Terms of Use Policy

Last updated: October 22, 2019

These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by Electronic Theatre Controls, Inc. (“ETC,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, please do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

1. Privacy Policy. We may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you agree on behalf of yourself and any company that you represent (together, “you” and “your”) to the Privacy Policy.
2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of ETC or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to ETC or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
3. Use of the Site; Compliance with Laws. You may download and print one copy of the Site’s visible content for your internal use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of ETC. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are strictly prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of ETC. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.
4. Product Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products may be limited. Some products may not be available in certain areas. All orders placed through the Site are subject to the applicable terms and policies of our third-party payment processor.
5. Your Account. If you choose to set up an online account through the Site, you will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and any password. In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. ETC reserves the right, in its sole discretion, to terminate your use of the Site for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms.
6. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

• A description of the copyrighted work(s) that you claim have been infringed;
• A description of the allegedly infringing material, including its location on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your email address, telephone number, and mailing address;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

7. User Generated Content.
   • The Site may allow you to create, post, or otherwise submit comments, images, data, text, and other content via the Site and to respond to content submitted by others (together, “User Generated Content”), for example, via the Forum. User Generated Content is neither generated nor controlled by ETC. ETC is not responsible for any User Generated Content. You are responsible for all User Generated Content that you submit and for the legality, originality, and appropriateness thereof. You must comply with our Acceptable Use Policy, below, when submitting User Generated Content. By submitting User Generated Content you warrant that you have the rights, permissions, and consents necessary to submit such User Generated Content and to authorize us to use such User Generated Content as permitted by these Terms. You further warrant that User Generated Content you submit will not cause ETC to violate any law regulation. By submitting User Generated Content, you waive any right, and you agree not to assert, that any use of such User Generated Content by us or any third party infringes or violates your intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User Generated Content that you submit.
   • User Generated Content is not monitored. ETC reserves the right, but does not have the obligation, to review User Generated Content and its submission. ETC also reserves the right, but does not have the obligation, to delete User Generated Content from the Site at any time for any reason (including without limitation deletion due to violation of our Acceptable Use Policy). ETC has no obligation to archive or otherwise store any User Generated Content. ETC reserves the right to impose limits on Site features (e.g., the ability to submit User Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including without limitation violation of our Acceptable Use Policy.
   • If you submit User Generated Content, you grant ETC a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to use, copy, reproduce, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, publicly perform, publicly display, distribute, license, sell, and exploit for any purpose, including without limitation developing, manufacturing, and marketing products and services. For more information on how we use and share User Generated Content, please review our Privacy Policy.
8. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. ETC MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE (EXCLUDING USER GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. ETC DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. ETC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ETC IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. ETC HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
   
   YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ETC OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

9. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETC, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ETC HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ETC’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification. You will indemnify, defend, and hold harmless ETC, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your submission of User Generated Content, your order of products through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
11. Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by ETC. Those links are provided as a convenience and ETC is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
12. Feedback. ETC welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential, except for any Personally Identifiable Information (PII) which may be included in the comments or feedback. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
13. Disputes. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, with jurisdiction over Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by ETC in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
14. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
15. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
16. Interpretation. These Terms, including our Privacy Policy and Acceptable Use Policy, are the entire agreement between you and ETC with respect to your access to and use of the Site. ETC’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ETC. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of ETC’s successors and assigns.
17. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
18. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and ETC may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
19. Contact Us. Please direct any questions and concerns regarding these Terms to us at any of the following:

Acceptable Use Policy

Last updated: October 22, 2019

By submitting creating, posting, or otherwise submitting comments, images, data, text, or other content via this website (“Site”), or by responding to content submitted by others (together, “User Generated Content”), you agree to this Acceptable Use Policy (“AUP”).

If you do not agree with this AUP, please do not submit User Generated Content via the Site. This AUP is incorporated into and made a part of our Terms of Use.

We reserve the right to modify this AUP at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes.

1. You must maintain a polite, pleasant, and respectful environment.
2. You will not attack other Site users. User Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others (such as the rights of privacy and publicity) is prohibited.
3. User Generated Content must be relevant to the stated topic (for example, the applicable forum post).
4. User Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable is prohibited. Slurs and commentary against social, racial, religious, ethnic, and sexual orientation groups are prohibited.
5. User Generated Content must not contain or consist of surveys, contests, pyramid schemes, chain letters, junk mail, unauthorized emails, offers to buy or sell goods or services, advertisements, or commercial solicitations, nor may User Generated Content engage in, facilitate, or encourage any of the foregoing or any illegal activities.
6. You may not harvest or otherwise collect information about others (including without limitation email addresses).
7. You must have the rights, permissions, and consents necessary to submit the applicable User Generated Content. For example, you may not submit any User Generated Content that contains or consists of text, images, videos, recordings, or other material that is protected by intellectual property laws and owned by another person unless you have the legal right to submit that User Generated Content.
8. User Generated Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malicious code, or other software or programs that may damage a person’s software or hardware is prohibited.
9. You may not falsify or delete any copyright management information, such as author attributions, copyright notices, legal notices, or other proprietary designations, notices, or labels concerning the origin or source of the submitted User Generated Content.
10. You may not download User Generated Content submitted by another Site user if you know or reasonably should know that such User Generated Content cannot be legally copied, reproduced, displayed, performed, or distributed in such manner.
11. You may not interfere, restrict, or inhibit another user’s access to or use of the Site or its features.
12. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself.

AUP Violations. Your violation of this AUP or any other provision of our Terms of Use may result in the immediate suspension of your access to the Site or its features without notice to you. ETC reserves the right to impose limits on Site features (for example, the ability to submit User Generated Content) or restrict your access to all or parts of the Site at any time for any reason, including without limitation your violation of this AUP.

Contact Us. Please direct any questions and concerns regarding this AUP or User Generated Content to us at the contact information below. Please do not direct questions, complaints, or other comments regarding User Generated Content to other Site users. As ETC does not monitor or review User Generated Content, we cannot address your concerns unless you send them to us.