Program Notes

Last Updated October 2023

The New York Philharmonic values your privacy and is committed to protecting the information you share with us. We have prepared this Privacy Notice (“Notice”) to explain how the New York Philharmonic (“New York Philharmonic,” “we,” “us,” or “our”) collects, uses, processes, and shares your Personal Information.

• Information Covered Under this Notice

  Personal Information is information that identifies, or can potentially identify, you personally. This Notice applies to Personal Information collected from visitors to our websites including nyphil.org, mobile applications, and other platforms that link to this Notice (the “Sites”). This Notice does not apply to any non-Personal Information collected by the New York Philharmonic through the Sites or any other means. This Notice also does not apply to any third party website that is linked to our Site. If you are redirected to a third party website, you are responsible for reading and understanding the privacy policy and terms of use of that third party site.

• Consent to Transfer Personal Information

  The New York Philharmonic is based in the United States. If you decide to use the Sites from a location outside of the US, your Personal Information may be transferred to the US and processed according to the terms described in this Notice. The laws in the US may not be considered adequate by authorities in your home country and/or the country from which you are accessing the Sites. If you prefer not to have your Personal Information transferred to, or within, the US, do not use the Sites. Otherwise, by using the Sites, you expressly consent and authorize the New York Philharmonic to transfer your Personal Information to and within the US as we see necessary to run our business.

• Information We Collect

  We collect and process the following Personal Information through our Site, either when provided by you or automatically. If you do not provide certain data required to complete the requested service, we may be unable to provide you with the services you have requested.
  
  We may collect your Personal Information when you visit our Sites to:

  • Purchase tickets, subscriptions, educational programs, or merchandise;
  • Become a member or donor of, or donate to, the New York Philharmonic;
  • Stream free and paid events, including streaming through third party providers;
  • Participate in a contest or survey;
  • Subscribe to a newsletter, join our mailing list; or
  • Contact Customer Relations.
  

  In addition, we may collect your Personal Information outside our Sites through:

  • Phone Sales;
  • Group Sales (through the phone or by email post-contact with a ticketing representative);
  • In-person (Box Office); or
  • On-Site (during an event through the completion of a form).
  

  Information Collected From You. Depending on your use of our Sites, you may provide us with your name, contact details, date of birth, donor history and affiliations, professional and education details, relationships (familial, social, and professional), demographic and socioeconomic information, and headshots/pictures. If you use our Sites to purchase tickets, merchandise, or other products or to make a donation, you may also provide payment card or other financial information. We will securely transmit this information consistent with payment card industry rules to the appropriate payment facilitators. We may offer you the option to save information about the method and choice of payment on our Site. If you save this payment card information on our Site, you will be able to add, delete, or modify that information at any time using your account settings.

  
  
  

  Automatically Collected Information. We may also collect Personal Information automatically, including your activity on our Sites, your browser information, your device information including your operating system and device identifiers, and your IP address. Such information is used to improve our Sites and services, to understand the needs of our customers, and to provide personalized content.
  
  We may also use cookies and pixel tags to retrieve certain information about the way you use our Site. Cookies are not generally used to identify an individual; instead, they are used for statistical purposes and to provide personalized advertisements. Your browser may allow you to control cookies. Pixel tags are tiny graphic files included in our HTML-encoded email messages. If you block all cookies and pixels, you may disrupt certain web page features and limit functionality, and not all of the tracking that we describe in this Notice will stop. For example, some browsers have a “Do Not Track” feature that allows you to tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.
  
  We may use third parties such as advertising agencies and research firms to assist with our campaigns and to improve our services. We do not sell your information to such third parties.

• Advertising

  We advertise in a number of ways, including online through our managed social media presence, and on other unaffiliated sites and mobile applications. To understand how our advertising campaigns are performing, we, along with our advertising service providers, may collect certain information via our Sites. This is described above in the types of data we collect automatically and directly.
  
  We and our advertising service providers may also use certain information to present tailored ads, including banner ads that appear as you log-in to or off of your online accounts via our Sites, identify new visitors to our Sites, recognize returning visitors, advertise on other websites and mobile applications not affiliated with us, better understand our audience, customers, or other Sites' visitors, and determine whether you might be interested in new products or services.
  
  For more information about our advertising service provider, including opt out options, you may visit http://optout.aboutads.info/#!. In addition, users may prevent Google’s collection of data generated by your use of the Sites by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

• Use and Disclosure

  Whatever the purpose may be — whether we share with service providers or other external entities — we process and share your Personal Information only to the extent reasonably necessary to fulfill your requests and our legitimate business objectives. When we disclose Personal Information to external entities to perform support services for us, they may access your Personal Information only for the purposes of performing those support services. We may also use what we know about you to offer you other products and services. We may combine your online information with information collected from offline sources or information we already have. We may also use and disclose certain Personal Information to our corporate affiliates and others for any purpose allowed by law.
  
  New York Philharmonic Activities. We may use and disclose your Personal Information to others to: respond to your questions, complaints, or reviews of our product or services, administer contests, promotions, or surveys, comply with applicable law, obey judicial orders, cooperate with law enforcement authorities, or prevent any suspected illegal activities, help us run our business, or for any other everyday business purposes, such as product development and administration of the Sites.
  
  We may share aggregated demographic information with our partners and advertisers. This information is not linked to any Personal Information you provide, nor can it be used to identify any individual.
  
  We may use information you provide to us to contact you about offers from the New York Philharmonic. We may also share or trade our patron mailing lists with similar organizations and advertising companies for promotional purposes. Email addresses and phone numbers are never shared. To opt out, send an email to customerservice@nyphil.org.
  
  Authorized Service Providers. We may disclose your Personal Information to our service providers, who are companies and individuals performing certain functions on our behalf. Those functions include payment card processors, shipping vendors, call-center support, cloud-based hosting services, and other companies that help us improve our products and services.
  
  Sale of the Businesses. If we sell all or part of our business, Personal Information may be transferred to the purchaser in connection with that transaction. We will use commercially reasonable efforts to include contractual provisions that require the purchaser to treat your Personal Information consistent with this Notice and applicable privacy law.
  
  Other Disclosures. We may otherwise disclose Personal Information as permitted or required by applicable privacy law, when we believe in good faith it is necessary for safety purposes, required for legal reporting, or to protect our legal rights, enforce any applicable rules, or protect the rights of others. We may also disclose Personal Information to our auditors, legal advisors, or to respond to a subpoena. We may also aggregate information that we gather about you (e.g., online sales, traffic patterns) and provide these statistics to others in aggregate form.
  
  Transfers outside of the EEA. If originating in the EEA, we may transfer your Personal Information outside of the EEA to the United States for the purpose of providing services to you. If the United States does not offer the same level of data protection as your country of residence in the EEA, we will take measures to ensure an appropriate level of protection for your personal information. We may also make similar transfers outside of the EEA where you have explicitly consented or where we consider this to be necessary for: (i) us to perform the contract with you; (ii) us to perform a contract with another party, which was made in your interests; or (iii) important reasons of public interest or to establish exercise of defend legal claims.

• Your Choices

  When you create an account with us, you have an opportunity to select your preferences, and “opt out” of having your information sold or used for marketing related activities. You can also log back in to your account to opt-out and update your marketing preferences at any time. Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences. It may take up to 10 days to process your email related requests, and up to 30 days for all other marketing-related requests. Note that even after you’ve opted-out of receiving marketing communications from us, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, surveys or recalls, or any questions regarding a specific order.
  
  We may occasionally send emails to those who have provided their email addresses to us. If you no longer wish to receive our newsletter and promotional communications, you may opt out of receiving these communications by logging into your account (nyphil.org/login) and updating your communication preferences. With each email, you also have the option to opt out of receiving future emails by clicking “Unsubscribe” in the footer of the email. You may also opt out of the above by contacting us at the email or address at the end of this notice.
  
  Depending on the jurisdiction of your residence, you may have additional rights with regards to your personal information, which are detailed in the following section.

• Your Rights

  Depending on your place of residence, you may have some or all of the following data protection and privacy rights:

  • Right to access (right to know) the Personal Information we have collected.
  • Right to correct the Personal Information we have collected, such as notifying us of an updated phone number or email address.
  • Right to restrict use or request deletion of your Personal Information.
  • Right to request portability or the transfer of your Personal Information to another organization.
  • Right to opt-out of marketing communications by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.
  • Right to opt-out of the use of your Personal Information for targeted advertising and/or the sale of your Personal Information.

  You can execute your rights at any time by sending an email to customerservice@nyphil.org or contacting us at the address listed below. We will try to comply with your request(s) as soon as reasonably practicable within the required timeframe specified in the data protection and privacy law of the country and state you are residing in. In your request, please specify what right you want to execute and what Personal Information the request is referring to. For your protection we may need to verify your identity before implementing your request. If you make use of (some of) your choices and rights, you may not be able to use, in whole or in part, certain New York Philharmonic services.
  
  Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g. when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completing of such a purchase or promotion).
  
  Depending on applicable privacy law, you may have the right to appeal our refusal to take action on your request. To exercise this right, you may submit your appeal in writing by contacting customerservice@nyphil.org. If your request to exercise your data subject rights is rejected, you will receive a notification with the details of reason for rejection and instructions about how to make an appeal. We will respond to you within 45 days of your appeal submission. Depending on your state of residence, you may contact the Attorney General to submit a complaint by visiting the relevant Attorney General’s website to complete an online consumer complaint form.

• Retention

  The New York Philharmonic will retain your Personal Information for as long as needed to provide you products or services, as needed for the purposes outlined in this Notice or at the time of collection, as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes and enforce our agreements, or to the extent permitted by law.
  
  At the end of the retention period or when we have no ongoing legitimate business need to process your Personal Information, we will delete or anonymize your Personal information in a manner designed to ensure that it cannot be reconstructed or read. If this is not possible, then we will securely store your Personal Information on our databases and isolate it from any further processing until deletion is possible.

• Security

  The security and confidentiality of your Personal Information is of utmost importance to us, and we have appropriate technical, administrative, and physical controls in place to protect your Personal Information that we collect and process from unauthorized access, use, and disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable. We also review our security procedures periodically to consider appropriate new technology and updated methods.

• Children Under 13

  Our Sites are not intended for unsupervised minors, and we do not knowingly collect, maintain, or use any Personal Information from children under the age of 13 without the consent of a parent/guardian. Certain portions of our Sites, however, include content specifically designed for young musicians intended as an educational resource to be used in classrooms. Several activities in those areas allow users to email certain content to a friend using send-a-friend features. Children under the age of 13 should not use these features without adult supervision. Additionally, we have configured this feature to discard the email address from our systems once the email is sent, and we do not retain, share, or disclose that information with others. If you learn that your child has provided us with Personal Information without parental consent, please alert us at customerservice@nyphil.org or write to us at:

  Customer Relations
         New York Philharmonic
         132 West 65th Street
         New York, NY 10023
          (212) 875-5656

• Contact

  If you have any questions about this Notice, email us at customerservice@nyphil.org or call or write to us. We will investigate your complaint, and make reasonable efforts to respond to you as soon as possible. Our address is:

         New York Philharmonic
         Attn.: Marketing Department
         10 Lincoln Center Plaza
         New York, NY 10023

• Changes to this Notice

  This Notice was last updated as of the date above, and we recommend that you check this Notice regularly for any relevant updates. We may amend this Notice at any time. If we make any material change in how we collect, use, disclose, or otherwise process Personal Information, we will post an updated Notice on our Sites. Any material changes to this Notice will be effective 10 days after our posting of the updated Notice. Where required to do so by law, we may seek your prior consent to any material changes we make to this Notice. If you disagree with any changes to our Notice, you may de-activate your account at any time.