PRIVACY POLICY

Welcome to Lutcher Theater’s website located at www.lutcher.org (the “Site”).  The Site is operated by Lutcher Theater, Inc. (“Lutcher Theater”), which is wholly owned by the Nelda C. and H.J. Lutcher Stark Foundation (the “Foundation”)  (collectively the “Organization”) located in Orange, Texas.  The Organization has created this Privacy Policy (“Policy”) in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our information gathering and dissemination practices for this website (the “Site”).  Your use of the Site indicates to us that you have read and accept our privacy practices, as outlined in this Policy.

This Policy tells you, among other things, what information we gather from you through our Site, how we may use or disclose that information, how to correct or change it, and our efforts to protect it. 

Notice of Information Collected and Disclosed

We may request information from you when you:

Ø    Log-on to certain areas of our Site that require your e-mail address, Guest ID and/or password as a condition to gaining access to the information, materials or services in that area or when making comments on Site content.

Ø    Register or sign-up to subscribe to a service or become a member of the Site.

Ø    Subscribe to a newsletter or ask to be added to our e-mailing or mailing lists.

Ø    Purchase a product or service or make a donation.

Ø    Provide feedback in an online survey, correspondence or other means.

In connection with your use of our Site, we may collect the following:

Ø    Personal information volunteered by you, including name, address, e-mail, phone number, fax number, Guest ID, password, e-mail address, company name, credit card information, responses to member surveys or other requests for information, user posts, and other personal information.

Ø    Information relating to your computer, internet connection, domain and/or IP address, date and time of the visit, browser, referrer page, files downloaded or viewed, and other log information.

Ø    Information from cookies and other analytic technologies.

Ø    Your activities, including content accessed or visited within the Site, purchases, donations, and other exchanges.  

Ø    Information relating to application forms for participation in programs, activities and/or events, including but not limited to, educational programs for students.

Ø    E-mail correspondence of users who communicate with us via the Site or e-mail.

Ø    Broad Site usage information and aggregate usage of any Site features.

Ø    Information relating to scheduling group tours, including but not limited to the Site’s online calendar feature.

Ø    Information relating to facility visits or facility use.

Ø    Community discussions, chats and correspondence through our Site and/or sent or posted to us in connection with third party services such as Facebook, Twitter and YouTube.

Providing the voluntary data described above is at your sole discretion.  If you submit personally identifiable information to us through the Site, then we use your personal information to operate, maintain, and provide to you the features, services and functionality of the Site.  We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new features, functionality, and services by storing, tracking, and analyzing user preferences and trends.  We may also use this information to resolve disputes, collect fees, and troubleshoot problems.  Additionally, we may use third parties to provide analytic services for the Site.

The Organization is the owner of the information collected on this Site.  Except as provided in this Policy, we do not disclose or sell any non-public personal information about you to anyone except as permitted by law; however, we may choose to disclose all of the information we collect, as described above, with the Organization’s affiliates, related programs or other trusted entities, organizations or persons for the purpose of processing personal information in connection with the Site’s objective and for marketing efforts.  We require that these parties agree to process such information based on our instructions and in compliance with this Statement and any other appropriate confidentiality and security measures.  The Organization also may share aggregate information about our users with advertisers, sponsors and other third parties, though such summary information will not identify any specifics directly related to your identity. 

YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM THE ORGANIZATION, AND ACKNOWLEDGE AND AGREE THAT YOUR EMAIL ADDRESS AND OTHER PERSONAL INFORMATION MAY BE USED BY THE ORGANIZATION FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

We will use your e-mail address to assist you if you forget your log-in information and to send any newsletters, updates, or other information for which you have subscribed.  We may also use your e-mail address to contact you directly regarding support and service issues and enhancements.  If you do not want to receive such mailings, you can easily opt-out of receiving further marketing from the Organization as provided in Choice/Opt Out below.

We will not sell, share, or rent this information to others in ways different from what is disclosed in this Policy. 

Surveys

At various times we may offer surveys to users. Surveys may ask for contact, demographic or unique identifying information to increase the value of the results. The Organization may use information collected from surveys to improve its products and services. In addition, users’ demographic and/or personally identifiable information and responses to survey questions may be used by the Organization and/or shared with third parties in order to provide specifically tailored special offers or advertisements.

State Specific Disclosures

For California residents: Under California Civil Code Section 1798.83, also known as Senate Bill 27, if you are a California resident and Lutcher Theater has an established business relationship with you, you have the right to request information, free of charge, regarding the manner in which Lutcher Theater shares certain categories of your personal information with third parties (whether collected online or offline), for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Lutcher Theater at its designated address and receive the following information: 1) the categories of information Lutcher Theater disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; 2) the names and addresses of third parties that received such information; and 3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. For purposes of this paragraph:

·      “Lutcher Theater” means Lutcher Theater and the Site, and

·      “Third Party” means:

o   a business that is outside the Lutcher Theater family, and

o   affiliates of Lutcher Theater, including the Foundation. 

 

You will notice that the “third parties” listed in this notice may include the Foundation and other affiliates. These affiliates are listed as “third parties” because, under Senate Bill 27, any business that is a separate legal entity must be listed as a “third party.”  

This same California law permits Lutcher Theater to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information.

Lutcher Theater’s designated email address for such requests is info@starkfoundation.org.  You may also request this information by writing to:  P.O. Drawer 909, Orange, TX 77631-0909.  Additionally, you may request that Lutcher Theater not share your personal information with third parties for their direct marketing use by following the Choice/Opt Out procedures outlined below.

Public Forums and Your Disclosure of Personal Information on the Site

The Site may include blogs, forums, message boards and other interactive features. Please remember that any information that is disclosed in these areas is not protected as confidential and becomes public information.  You are solely responsible and should exercise caution when deciding to disclose any personal information in these areas.  You agree that there is no expectation of privacy or confidentiality in such information. 

Law Enforcement and Abuse of Terms of Service Agreement

We have the right to share your name and contact information with our attorneys, regulatory agencies, governmental bodies and law enforcement officials, if needed, in the event we believe you have breached our Terms of Service Agreement or any other agreement or policy.

You authorize us to disclose any information about you to law enforcement, regulatory agencies or other governmental bodies as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other illegal activity. 

Collection and Use of IP Addresses

The Organization automatically receives and records information from our servers and from your browser, including but not limited to, your IP address, the time, and information about the page you requested. We may use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use.  Please see Notice of Information Collected and Disclosed above for more information.

Cookies and Tracking Technology

We may use cookies (a small data file that certain websites write to your hard drive when you visit them), log files, clear gifs or web beacons (known as action tags or single pixel gifs), and other technology for data analysis and personalization of services.  This allows us to store user preferences, track site usage, customize content, and improve Web site structure, flow and content, among other purposes. The Organization may provide links to third-party sites that may use cookies.

You can refuse cookies by turning them off in your browser.  You do not need to have cookies turned on to use the Site.  However, if you turn off cookies, then you may not be able to utilize certain features of the Site. 

Password Protection

 To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before creating your user account.  The user that created the account for a user is responsible for maintaining the secrecy of a user’s unique password and account information at all times. 

Disclosure Choices

You may, of course, decline to submit personally identifiable information through the Site, in which case the Organization may not be able to provide certain services to you.

Choice/Opt Out

If you prefer that we not disclose nonpublic personal information as outlined above in Notice of Information Collected and Disclosed, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law).  If you wish to opt out of receiving e-mails, you can select the “unsubscribe” link in our e-mail correspondence.  If you receive any communications from us that you do not want to receive, you can opt out by specifically telling us to stop sending them to you.  We will generally be able to give effect to your withdrawal on 30 days’ notice.   

Security

We treat data as an asset that must be protected and use what we believe to be appropriate physical, electronic and managerial procedures to protect information against unauthorized access and disclosure.  Credit card information provided through the Site is protected by encryption.  However, information you elect to post on our Site, e-mails and other information you send to us is not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information. 

The Organization will never ask you to submit your financial data, such as your credit card account numbers, via e-mail.  IF YOU RECEIVE AN E-MAIL REQUESTING THAT YOU FORWARD INFORMATION OF THIS NATURE BY E-MAIL, PLEASE CONTACT US DIRECTLY AT info@starkfoundation.org.  DO NOT REPLY DIRECTLY TO THE E-MAIL.  

Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet.  Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site.  Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.  We cannot ensure or warrant the ultimate security of any information you transmit. 

Third-Party Accounts

It should be noted that the Organization may provide links or tools that permit you to sign in to other third party accounts such as Facebook, Twitter and YouTube.  Please review those third parties’ policies and terms of service carefully before you disclose any personal information. 

Age Restrictions; Children’s Privacy

Children under 13 years of age are not eligible to register to use the Site’s services, and we ask that children under 13 years of age not submit any personal information to us. The Organization does not knowingly collect information from children under the age of 13 years nor does the Organization target the Site to children under the age of 13 years.  If you are a minor under 13 years of age, you may use the Site only in conjunction with a parent or guardian. We encourage parents and guardians to take an active role in their children’s online activities and interests. Parents or guardians should become knowledgeable about software and other tools so they can assure that their children’s use of the Internet reflects parental preferences and requirements.  If the Organization obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information is immediately and permanently deleted from our records.

Correct/Update and Access to Information

We will make good faith efforts to provide you with access to your personal information to either correct this data if it is inaccurate or to delete such data at your request, if it is not otherwise required to be retained by law or for legitimate business purposes.  We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for example, requests concerning information residing on backup tapes), or for which access is not otherwise required.  In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

In addition, account information relating to certain personally identifying information, including e-mail address and password, can be edited once you are logged in to your account.  Users who experience problems or who have questions about how our Site works can contact us by following the instructions under Contact Information.

Contact Information

If you have a comment, question or request, or if you need to contact the Organization for any other reason, there are two easy ways to do so.

Ø  You can send e-mail to info@starkfoundation.org. 

Ø  You can send mail to the following postal address:

P.O. Drawer 909        
Orange, Texas 77631

Acceptance of Privacy Statement

Your use of our Site, including any dispute concerning privacy, is subject to this Policy and the Terms of Service Agreement.  BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS OF SERVICE AGREEMENT.  We reserve the right to modify this Policy at any time by posting the changes on this page.  The changes take effect as soon as posted.  Your continued use of any portion of our Site following posting of the updated Policy will constitute your acceptance of the changes.

Updates to Policy

This Policy was updated to be effective March 1, 2012.