Who We Are

Merch Cat LLC (“Merch Cat,” “we,” “our,” or “Company”) provides services through:

• www.merchcat.com and www.merchcatfan.com (the “Websites”)
• Merch Cat and Merch Cat Fan mobile applications (the “Apps”)
• Merch Cat inventory and merchandise tracking software (the “Software”)
• The Merch Cat FAN platform (the “Platform”)

Collectively, these are the “Services.” The Services are designed to facilitate the sale and tracking of inventory of musicians’ merchandise at live shows. The Platform facilitates the sale of this same merchandise to music fans who wish to purchase this merchandise in their own app. The Services are all operated and performed under the umbrella of the Company and this Privacy Policy (this “Policy”) refers to all these Services collectively as “Merch Cat” for these purposes.

Changes to This Policy

We may update this Policy periodically. When we make material changes, we will update the Effective Date and provide notice as required by applicable law. You are responsible for ensuring we have a current email address on file and for periodically visiting our Websites and this Policy to check for any changes. Continued use of the Services after changes are posted constitutes acceptance of the updated Policy.

Information We Collect

This Policy applies to visitors of our Websites and users of our Services. In order to provide the Services, including order processing, shipment processing, analytics, and customer support, we collect, process, use, and store certain information obtained from and about our users, including personal data. You may request closure of your account and deletion of your personal information by contacting privacy@merchcat.com. Upon a verified request, we will delete or de-identify personal information associated with your account, except for information we are required or permitted to retain for legitimate business or legal purposes as described in this Policy.

We may collect the following categories of personal information (“PII”)

1. Information You Provide

• Identifiers (name and email address)
• Contact information (mailing address and phone number)
• Commercial information (purchase history and transaction records)
• Payment information (processed via third-party providers)
• Communications with customer support
• Account credentials
• User-generated content
• Your search queries on the Websites.

2. Information Collected Automatically

• Device and browser information
• IP address and approximate geolocation
• Usage data and browsing behavior
• Log data
• Analytics data collected through cookies or similar technologies

This policy does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

3. Third-Party Login and Integrations

If you log in through Google, we may receive certain profile and identifier information consistent with your privacy settings and Google’s applicable policies.

Company does not control and is not responsible for the actions or policies of any third party service, and your use of any third party service is at your own risk. We encourage you to review any privacy policy accompanying a third party service and ask such third party service for any clarifications you may need before deciding to use their services.

Categories of PII Collected (Preceding 12 Months).

In the last 12 months, we have collected:

• Identifiers
• Customer records information
• Commercial information
• Internet/network activity
• Geolocation data (approximate)
• Inferences drawn from usage

We disclose these categories of personal information to service providers and other third parties for business purposes, including payment processing, hosting, analytics, email delivery, customer service, and other services necessary to operate the Services.

How We Use PII

We use PII to:

• Provide and operate the Services
• Process transactions and fulfill orders
• Provide customer support
• Improve and analyze our Services
• Detect fraud and ensure security
• Comply with legal obligations
• Send marketing communications (where permitted by law)

We may use your PII for reasons not described in this Policy where permitted by law and the reason is compatible with the purpose for which we collected it. In all events, however, we will process the information you provide in a responsible manner compatible with applicable data protection laws and regulations.

We may share anonymous, de-identified, or aggregate information that cannot reasonably identify you with others for any purpose, as permitted by applicable law. Please note that any PII that you post to a profile, blog, comment section, or forum on our Services or social media pages may be available to other users of those forums or, in some cases, made publicly available.

Payment Processing

Payments are processed through third-party payment processors, including Square and Stripe. Merch Cat does not store complete payment-card numbers or card security codes. We may retain limited payment-method information provided by a payment processor, such as the card brand, last four digits, and expiration date, as well as transaction identifiers and other limited payment-related information reasonably necessary for transaction support, accounting, fraud prevention, and legal compliance.

Cookies and Analytics Technologies

We use cookies and similar technologies to operate and secure our Services, remember user preferences, understand how visitors use our Websites, and improve the Services. These technologies may include Google Analytics and Squarespace’s built-in analytics.

Some cookies are essential for the operation of the Services and cannot be disabled. Other cookies may support analytics or functionality. Available cookie controls vary depending on the Website or Service being accessed.

We currently use Google Analytics and Squarespace’s built-in analytics and may use other third-party service providers to assist with website functionality and analytics. We do not currently use Google Ads conversion tracking, the Meta/Facebook Pixel, website retargeting, or cross-context behavioral advertising. The specific providers and technologies used may change over time as our business needs evolve.

A Cookie Banner or Cookie Settings may be available on certain Websites. You may also manage cookies through your browser settings; however, disabling certain cookies may affect the functionality of the Services.

Sale of PII

We do not sell PII as defined under applicable state privacy laws.

Sensitive Personal Information

We do not use or disclose Sensitive Personal Information (as defined under applicable state privacy laws) for purposes beyond those permitted by law, including providing requested services, fraud prevention, and compliance with legal obligations.

Children’s Privacy

Artist Accounts are limited to users who are at least 18 years old. The Services are not directed to children under 13, and we do not knowingly collect PII directly from children under 13. If we become aware that a child under 13 has provided us with PII, we will delete the information as required by applicable law.

Consent

By using a Merch Cat Service, you acknowledge the practices described in this Policy. Where applicable law requires consent for a particular processing activity, we will request that consent separately.

Account and Service Communications

By creating a Merch Cat account, you agree to receive emails relating to your account and use of the Services, including welcome and onboarding information, account and subscription notices, transaction confirmations, security alerts, service announcements, and customer support communications. Certain essential account, transactional, security, and legal communications cannot be disabled while your account remains active.

Promotional Communications

We may send promotional or marketing emails only where you have provided any consent required by applicable law. You may withdraw your consent or unsubscribe at any time using the link included in the email or by contacting optout@merchcat.com. Once we receive your request, we will process it within a reasonable amount of time. We do not discriminate against consumers who opt out of promotional communications.

Push notifications

Our Services may send push notifications to our users to achieve the purposes outlined in this Policy.

Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for these Services, some or all of the Apps on the particular device.

Users must be aware that disabling push notifications may negatively affect the utility of the Services.

Security of Your Information

The Company uses reasonable administrative, technical, and physical safeguards designed to protect PII from unauthorized access, misuse, alteration, or disclosure.

Information provided through our Services is protected using security measures appropriate to the nature of the information, including encryption in transit and other safeguards where appropriate.

Notwithstanding the above, no method of transmission of information over the Internet or electronic storage is ever 100% secure. Although we endeavor to protect your PII, we cannot guarantee the security of your PII transmitted through or collected through the use of our Services and any transmission of PII is at your own risk.

Your U.S. State Privacy Rights

Depending on your state of residence, you may have the right to:

• Access PII we hold about you
• Correct inaccuracies
• Delete PII
• Obtain a portable copy of your data
• Opt out of targeted advertising
• Opt out of sale or sharing of PII
• Opt out of certain profiling activities
• Not be discriminated against for exercising rights
• Appeal a denial of a privacy request by emailing us at privacy@merchcat.com

Data Retention

We retain personal information only for as long as reasonably necessary to fulfill the purposes for which it was collected, including providing the Services, maintaining accurate historical records and analytics, supporting the integrity and functionality of the Services, developing or supporting user-enabled integrations, complying with tax, accounting, payment-processing, contractual, fraud-prevention, regulatory, and legal obligations, resolving disputes, and enforcing our agreements. We may retain transaction, sales, inventory, show, settlement, venue, and related operational records for these purposes. We may also retain and use aggregated or de-identified information for historical analytics, benchmarking, product improvement, reporting, and other lawful business purposes, provided that it cannot reasonably identify an individual.

The specific retention period for each category of personal information depends on the nature of the information and the purposes for which it is processed. In determining retention periods, we consider:

• The duration of your relationship with us
• Whether the information is needed to provide Services
• Legal, accounting, tax, and regulatory requirements
• Applicable statutes of limitation
• Ongoing or potential disputes

When personal information is no longer required for these purposes, we will securely delete, anonymize, or de-identify it in accordance with applicable law.

How to Exercise Your Privacy Rights

You may submit a request to exercise your privacy rights by emailing privacy@merchcat.com or by writing to us at 7 Rye Ridge Plaza, Suite 143, Port Chester, NY 10573, U.S.A. We may need to verify your identity and state of residence before processing your request. We will request only the information reasonably necessary to complete that verification.

If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities, and your agent must provide valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. In certain cases, we may be required or permitted by law to deny your request.

Depending on the nature of the request, verification may include confirming information associated with your account or providing additional documentation. Any verification information will be used only to process the request, protected in accordance with this Policy, and retained only as permitted or required by applicable law.

GDPR (European Union) Privacy Terms

If you are located in the European Economic Area (EEA), the following applies.

You have the following rights:

• Right of access
• Rectification
• Erasure
• Restriction
• Data portability
• Objection
• Lodge complaint with supervisory authority

Data Controller:

Merch Cat LLC

7 Rye Ridge Plaza, Suite 143

Port Chester, NY 10573

Email: privacy@merchcat.com

Legal Bases for Processing:

• Performance of a contract
• Legitimate interests
• Legal obligations
• Consent (where required)

International Data Transfers:

Where personal data is transferred outside the EEA, we rely on Standard Contractual Clauses, the EU–U.S. Data Privacy Framework (where applicable), or other legally approved safeguards. You may exercise your GDPR rights by contacting privacy@merchcat.com.

Disclosure

We may disclose PII to third parties as described in this Policy, including to service providers, Artists fulfilling Fan orders, reporting organizations and integration partners when applicable, and as required or permitted by law. We may also transfer or otherwise share some or all of our business or assets, including PII, in connection with a potential or completed corporate divestiture, merger, consolidation, acquisition, reorganization, sale of assets, bankruptcy, or dissolution, subject to applicable law.

We may disclose personal data to third-party service providers that perform services on our behalf, including payment processing, hosting, customer support, analytics, email delivery, order and shipment support, and other services necessary to operate and improve the Services. These providers are authorized to use the information only as necessary to perform services for us or as otherwise permitted by law and are expected to safeguard it appropriately.

Certain third-party service providers, such as payment gateways and transaction processors, have their own privacy policies which govern the information we are required to provide to them for your purchase-related transactions. The Company recommends that you read these privacy policies to understand the manner in which your PII will be handled by these third-party providers.

Luminate Reporting. If an Artist enables or opts into Merch Cat’s Luminate reporting integration, Merch Cat may share applicable Artist, show, venue, product, sales, ticket, and transaction data with Luminate for music-industry sales reporting, validation, analytics, charting, and related purposes. Merch Cat does not share data through the Luminate integration unless the Artist has enabled or authorized the program.

When a Fan purchases Merchandise through the Fan Service, Merch Cat shares applicable order and personal information with the Artist selling the Merchandise. This may include the Fan’s name, contact information, shipping address, order details, selected delivery method, and other information reasonably necessary to process, fulfill, ship, arrange pickup of, support, refund, or otherwise administer the order. Artists may access and export this information through their Artist Profile in Merch Cat and are responsible for safeguarding and lawfully using the information they receive. Merch Cat may also share applicable transaction and operational data with payment processors, service providers, reporting organizations, analytics providers, and integration partners as necessary to provide, support, improve, or expand the Services. Where an integration or reporting program requires an Artist’s election or authorization, data will be shared only after the Artist has enabled or opted into that program.

Contact Information

Merch Cat LLC
7 Rye Ridge Plaza, Suite 143
Port Chester, NY 10573

Email: privacy@merchcat.com
Website: https://www.merchcat.com/contact