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Privacy Policy

Bandsintown, LLC

Privacy Policy for Bandsintown Website and Applications

Last Updated: May 21, 2018

1.    Introduction

Your privacy is a serious matter to us.  Please take a few minutes to read this Privacy Policy (“Privacy Policy”) so that you understand how we treat your information.  This Privacy Policy explains what information we collect from you, how we use such information and with whom it may be shared, and your rights and choices with regard to controlling your information when you visit the Sites and/or use the Services (each as hereinafter defined).  This Privacy Policy only applies to the information collected, used and disclosed by Bandsintown, LLC and its affiliates (“Bandsintown” “we” “us” or “our”) or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, with respect to your access to and use of the Services, whether as a Fan, visitor, user, Venue or Artist, and whether offline or online, through (a) your interaction with our products and services, (b) our website, located at www.bandsintown.com and all corresponding web pages and websites owned or operated by Bandsintown, including www.artists.bandsintown.com, manager.bandsintown.com, corp.bandsintown.com, news.bandsintown.com, promoters.bandsintown.com (the “Sites”), (c) the Bandsintown-branded mobile, web, tablet, desktop and other applications, including applications made available through Facebook, iOS and Android (the “Bandsintown App(s)”) or (d) any of the Manager/Analytics Services, Content, Bandsintown’s social networking services and any other content, applications, features, functionality, information and services offered by us whether through the Bandsintown Apps, the Sites or otherwise (each of the above individually and collectively referred to herein as the “Services”).  Where you have provided your personal information to third parties, including marketing companies, advertisers and service providers and have provided sufficient consent, we may obtain such personal information and combine it with your Information (as defined herein) and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy. Please review our Terms of Use which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms of Use.

This Privacy Policy will remain in full force and effect, even if your use of or participation in the Services or any other particular service, feature, function or promotional activity offered on or in connection with the Services terminates or expires or is suspended or deactivated for any reason. The collection and use of your information as described in this Privacy Policy is based on your voluntary consent or on our contractual obligations to you or legitimate interest. If you do not agree with this Privacy Policy, please do not participate in any of the Services. This Privacy Policy applies regardless of the Device you use to access the Services or whether you are accessing the Services as a visitor or a registered Fan or Artist user (i.e., an end user with a User Account).

2.    Information We Collect About You

We collect personal information or other information about you when you visit our Sites or use our Services.  The information and data we may process (i.e. collect, use and store) depends on your interaction with us.  When processing Information (as defined below), we will either rely on our legitimate interest or our need to perform under a contract to process your information or you will be asked affirmatively consent to our collection and use of Information in accordance with the terms and conditions of this Privacy Policy.  The key types of Information that we may process include the following:

  • Registration and Account Information: In order to access and use certain content, features and functionality of the Services, whether as a Fan, an Artist or a Venue, we require that you create an account and provide and/or make available (e.g., via third party services) to us certain Information such as your email address, your name, and location. In addition to these three mandatory fields, we request access to your contacts stored within your Device to help you find your friends on the Services and access to your music library on your Device to help you find the music you love. If you do not use your email to register, you may register to use our services via Facebook or Spotify connect. The Information we collect from these thirds parties during registration includes your profile picture, age range, and gender in order to generate your user profile. We also collect information on artists you follow in order to track them on the Services. In addition to these required information, we ask for secondary information in order to personalize your experience. These optional fields are date of birth, gender, and contacts. We collect only the Personal Information necessary to provide the Services and to provide you with a more customized and relevant experience. If you’d like to utilize the Services for purchasing tickets, you may then be asked to provide your credit card information. When purchasing tickets you will be pushed to a third-party website that allows you enter your credit card and billing information and complete the ticketing transaction. We do not keep or process your credit card or billing information. Once you provide us with this information mentioned above, we offer you our additional Services such as RSVPing, liking or tracking your favorite bands, using the ticket concierge, or exploring artists similar to your favorite bands, receiving alerts for concerts in your area, etc.

  • Location Information: In order to provide you with information about concerts or promotions in your area, we ask your permission to collect location-based information from you or your Device, including your IP address, city, country, zip code, region, radius, time zone, GPS-based location information, and longitude/latitude. Your location is used to personalize the content you see within the Services. We may also collect other information based on your location and your Device’s proximity to “beacons” and other similar proximity systems, including, for example, the strength of the signal between the “beacon” and your Device and the duration that your Device is near the “beacon”. The type of location data we collect depends on a number of factors, including the type of Device you are using (e.g., laptop, smartphone, tablet) and the type of connection enabled on your Device (e.g., WiFi, Bluetooth, broadband cable). If you agree to allow access to your location, you agree that we and our service providers may collect such location-based information from your Device. We may use and share that location-based information with third parties to deliver, market and promote the content, services, features, products and advertising (and/or to verify your rights to receive such content, services, features and/or products) that are available through the Services. If you no longer wish to have this location information collected and used by us, you may “opt-out” by disabling the location and Bluetooth features in the operating system of your Device and/or in the Bandsintown App.

  • Music DNA: When you create an account, we will ask to scan the music library on your device, your social media accounts, and music subscription services in order to create a unique “music DNA”, which is your digital identity based on your music tastes. We will develop and refine your music DNA based on Artists you like while using the Services, Artists’ pages you follow and events you state you are attending. We will make additional music suggestions based on your music DNA. We will also use your Music DNA to provide relevant promotional emails and other forms of advertising to you. If you limit our ability to scan your music library, social media or music services, we may not be able to offer you tailored music experiences and suggestions.

  • Third Party Platform Information: If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials from third parties like Apple (iTunes, etc.), Facebook, Twitter, Spotify, Last.fm, and Pandora) and/or integrate your Bandsintown account with your Third Party Platform account, we may collect certain information about you from the Third Party Platform, such as your username, email address, music preferences and other information you provided to the Third Party Platform in connection with your account (name, country, date of birth, friend connections, user posts, profile picture, RSVPs, Artist and event page visits, credit card, Device ID, gender and e-mail address). We use this information to further enhance your Bandsintown user profile and to inform your Music DNA within the Bandsintown system. If you do not connect Bandsintown to a Third Party Platform, or otherwise disconnect your Bandsintown account from such Third Party Platform, that may limit our collection of certain Information about you, which may limit your ability to use certain features of the Services.

  • Personal Information You Choose to Provide to Obtain Additional Services: We may collect Personal Information that you choose to provide to us when you elect to participate in optional Site-features or Services. For example, if you sign up to receive newsletters, marketing promotions or other communications regarding the Services, your favorite Artists and/or third-party products or services, participate in contests, surveys and other promotions related to the Services, we may collect your name, email address, mailing address, phone number and survey responses in order to provide the additional features or Services. We will make clear what information we may process as a result of your engagement with the optional Site-features or Services.

  • Information Collected by Cookies: As further described in Section 6 of this Privacy Policy, when you use the Services, we automatically collect certain Information, to assist us in authenticating your usage and/or Device, keep track of your preferences, create a more tailored user experience and to provide targeted advertising. In addition, the Services and/or third parties may use “cookies” (which are small data files containing information about you that is stored on your device), “embedded scripts”, and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Additional Information automatically as you interact with the Services. Information processed by Tracking Technologies will be processed in accordance with our Cookie Policy located here.

  • Third Party Advertising: As part of the Services and in accordance with our Cookie Policy, we may also use a variety of third parties, including advertising networks, data exchanges, traffic measurement service providers and marketing analytics service providers to, for example, serve advertisements on the Services, populate user-specific advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services (“Third Party Advertising Providers”). Such Third Party Advertising Providers may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have used or visited. These Third Party Advertising Providers may use their own Tracking Technologies (as described above) to collect similar Information. Bandsintown does not control these Third Party Advertising Providers and/or their use of Tracking Technologies, which is instead governed by the privacy policies of any such Third Party Advertising Provider. Please see Section 6 of this Privacy Policy below for more information on how to opt-out of the collection and use of Information collected via certain Tracking Technologies.

3.    How We Use Information

We may process your Information (depending on your interaction with us) for a variety of reasons that are permitted under data protection laws and in accordance with this Privacy Policy, which may include the below purposes.  Note that the legal bases outlined below are required to be included under EU data protection laws, but are not required to be included if you do not reside in the EU: 

  • To fulfill our contractual obligations under an existing agreement with you or in anticipation of entering into an agreement with you, including:

-  To provide any services or products that you request or purchase in connection with the Services;
-  To enforce your legal rights under an agreement; and
-  To provide you with an estimate for the cost of our products and services.

  • To meet and fulfill our legitimate business interests, including:

-  To contact you regarding the administration of any features or functions of the Services;
-  To market and promote the Services, including promotions and other initiatives
and sending marketing e-mails and correspondence; 
-  To respond to your questions, comments, complaints, requests and  other communications;
-  To track your return visits and use of the Services and to save your User Account, registration and profile data or other Information in order to tailor your experience with the Services, customize what you see when you use the Services, and save your credentials so you do not to have to re-enter such data each time you use the Services; 
-  To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance;
-  To grow our business;
-  To get to know our potential and existing users, clients and customers;
-  To develop new products and/or services, or personalize the Bandsintown App; 
-  To accumulate and report aggregate, statistical information in connection with the Services and user activity, or to provide reporting for internal and external clients, business partners, agents, Artists and their managers, etc.; and
-  To determine which features and functionality of the Services users like best to help us operate the Services, enhance and improve the Services. 

  • With your consent, including:

-  To display advertising and marketing information based on your use of the Services and other websites, services and platforms you have used or visited;
-  To find and connect with your friends and tell them about your activities on Bandsintown (such as which concerts you have RSVP’d to);
-  To provide information and marketing materials about our other products and services and the products and services of unaffiliated businesses;
-  To provide personalized services offered by us on third-party websites and online services;
-  To show your distance to the venues at which shows take pace, and deliver features, content, services and products available to you through the Services based on your location; and
-  To enable you to connect with others who use our Services (e.g. your friends on Bandsintown with whom you want to share your activities on Bandsintown). 

You can withdraw your consent at any time by following the steps in Section 5 of this Privacy Policy.

  • To comply with our regulatory or legal obligations, to enforce our legal rights or comply with legal processes, including:

-  To detect and prevent fraud or infringement of our or any third party’s rights;
-  To meet reporting requirements (e.g. filing tax forms);
-  To retain documents and information related to a legal action;
-  To enforce the Terms of Use; and
-  To report data breaches or unauthorized access to the Services.

4.    Information We Share With Third Parties

It is our ongoing effort to improve the Services and customize the user’s experience, whether as a Fan or an Artist.  We take your privacy seriously and will not share your Information with others except in the following circumstances:  

  • Our Group Entities: We may disclose your Information to other group entities that are affiliates and/or subsidiaries or parents of Bandsintown in order to provide you with tailored products, services and communications or in accordance with our internal policies or administrative or business practices.

  • Your Friends: We may disclose your Personal Information with your friends on Bandsintown if you tell us you want to share such information and your activities on Bandsintown, all in accordance with the preferences you set in your account.

  • Artists and their Teams: If you elect to share your Information, we may share your Information with Artists, managers, representatives, agents, advertisers and other third parties in connection with the Manager/Analytics Services and other analytic tools or platforms we may offer.

  • Third Party Service Providers: We may share Information with carefully selected service providers who are working with us in connection with the operation of the Services. These service providers may temporarily store Information on their servers, but may only use your Information in connection with the specific services they are providing. We request that service providers maintain commercially reasonable standards of security and confidentiality and must agree to keep such Information secure and confidential in line with this Privacy Policy. Please note that we are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.  We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.

  • With Your Consent: We will obtain consent from you prior to enabling your use of any location-based services.  If you reside in the EU, we will obtain consent from you prior to sharing your Personal Information with third parties for their marketing purposes if we are unable to rely on our legitimate interests in doing so.

  • Pursuant to Law, Rule or Regulation: We may share or disclose your Information when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes.  Examples of these purposes include: to respond to requests from public, governmental, legal and regulatory authorities, to comply with court orders, to obtain legal remedies or limit our damages, to enforce this Privacy Policy or the Terms of Use, to protect against fraud or for risk management purposes, and to protect the rights, safety and/or property of you, our employees or others.

  • Corporate Transactions or Events:  We may disclose your Information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Information may be disclosed or transferred as one of our business assets. 

  • To Fulfill Your Requests:  If you elect to use certain authentication or sharing features available on the Sites or via the Services, we may use your Personal Information to fulfill your request to share content with or provide access to such third parties (e.g. Facebook, LinkedIn, or Twitter).

5.    Rights and Choices Regarding Information
       (e.g. Opting Out; Disabling Certain Features) 

At times, you may be presented with the option to “opt-in” to receiving certain push notifications, marketing and promotional communications or other information from us and others that we think will be of interest to you.  
Recipients of such communications can unsubscribe or “opt-out” by following the specific instructions included in such communications or by adjusting your Bandsintown App settings in your Device.  At any time you may request that we delete your Information and/or your account, or opt you out of receiving marketing and promotional e-mails from us, by emailing us at privacy@bandsintown.com detailing your request.  Please note that such requests may not take effect immediately, but will be processed without undue delay and during which time your Information shall remain subject to the prior privacy settings.   We will take steps to delete your Information as soon as is practicable, but some Information may remain in archived/ backup copies pursuant to our legal obligations or as otherwise required by law.  We will communicate the erasure to each recipient to whom Information was disclosed, unless this proves impossible or involves disproportionate efforts.

If you continue to use the Services, we may send you emails and announcements that are necessary for the proper functioning and administration of our Services, including for the purposes described in Section 3 of this Privacy Policy in order to keep you informed about the operation of our Services.  We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes and to help us to serve you better.

The Bandsintown App and the operating system settings in your Device will also present you with the option to disable certain features which allow it to collect and use certain Information from your Device, including location-based information.  If you do not wish to have location-based information collected and used by our service providers and us, you may opt out by disabling the location features on your Device.  Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features and/or products made available via the Bandsintown App.

If you are an EU citizen or reside in the EU, you may have certain additional rights with respect to the Personal Information you provided to us.  To the extent permitted by applicable data protection laws, you may: 

  • Access or modify your Personal Information;

  • Object, on grounds relating to your particular situation, at any time to the processing of your Personal Information if the legal ground we are relying on is our legitimate interest or in the public interest;

  • Request that your Personal Information be erased if it is no longer necessary to be retained for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such Personal Information and we meet no other legitimate basis for such processing or it has been unlawfully processed;

  • Restrict the processing of your Personal Information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it;

  • Under certain circumstances, have your Personal Information transferred to another company;

  • Withdraw any consents that you have previously provided to allow us to process your Personal Information; or

  • Stop receiving our marketing communications. If you opt out of marketing emails you will continue to receive messages from us about your relationship with us where permitted by law.

If you wish to exercise any of these rights please contact us at privacy@bandsintown.com.  Please note that some requests may require you to verify your identity. 

6. Opting Out of Use of Certain Information That May be Collected by Tracking Technologies 

When you visit our Sites, use our Services, or visit a third-party website for which we provide online services, we and our business partners and vendors may use Tracking Technologies to recognize you as a repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and to mitigate risk, prevent potential fraud, and promote trust and safety across the Sites and the Services.  Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible.  Please review our Cookie Policy here to learn more about how we use and how you may adjust and disable Tracking Technologies.   

7.    Retaining Your Personal Information

We access, retain, store and use Personal Information for the least amount of time necessary pursuant to our relationship with you (e.g. to provide you with or access to our products and services), in accordance with our data retention policies and applicable law.  We do not collect more Personal Information than is necessary to fulfill our obligations to you or at law or for the purposes stated in this Privacy Policy.  

8.    Security

We maintain and have implemented security safeguards to protect the Personal Information submitted to and collected, used and stored by us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security. You should take certain steps to protect your account and Personal Information as well, such as by choosing a strong password and keeping such password private, and logging out of your account when you are finished using it.

We are not responsible for protecting any Personal Information that we share with a third-party based on an account connection that you have authorized.  Bandsintown will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.

9.    Our Policy Regarding Children

Our Sites and Services are not directed to children under the age of 16.  We do not knowingly collect Information from children under the age of 16. If you are under the age of 16, you may not use the Services, including registering for or providing any information about yourself to or in connection with the Services, participating in any sweepstakes, contests, social networking features, posting, communications functionality or engaging in other activities that collect and/or permit you to enter information about yourself.  If we obtain actual knowledge that we have collected Personal Information from someone under the age of 16, we will promptly delete it, unless we are legally obligated to retain such data.  If you believe that we have mistakenly or unintentionally collected information from someone under the age of 16, please contact us at privacy@bandsintown.com. For users in the United States, please also visit consumer.ftc.gov for information from the Federal Trade Commission about protecting children’s privacy online.

10.    International Transfers of Personal Information

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.  We and some of our subsidiaries and affiliates, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area (“EEA”) and Switzerland.  If you download, interact with and/or otherwise use the Services from a location outside the U.S., please be advised that any Information you provide, or that is collected by us from Third Party Platforms, in connection with any such activity may be processed in and/or transferred to the United States and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you download, interact with or otherwise use the Services.  If you are an EU citizen or resident in the EU, we will transfer your Personal Information to the United States in accordance with EU data protection law requirements by using model contractual clauses that have been approved by the European Commission or other appropriate means.  

Please note that such transfers may also be necessary in order to perform our obligations under a contract with you, to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent.  If you make transactions with parties outside the EEA or Switzerland or connect our Service with platforms, such as Facebook, outside the EEA or Switzerland, we are required to transfer your Personal Information with those parties in order to provide the requested Service to you.  If you wish to gain more information about such transfers, please contact us at privacy@bandsintown.com. 

11.   Privacy Policy Changes

From time to time, we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, technology, our information collection and use practices or the features and functionality of the Services, and such modifications shall be effective upon posting.  If we materially change our Privacy Policy, we will notify you of such changes by posting them on Bandsintown or by sending you an email or other notification.   Your continued use of the Services after we post a revised Privacy Policy (and, where appropriate, notify you of same) signifies your acceptance of the revised Privacy Policy.  It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We may continue to process your Information based on our legitimate interests or in order to fulfill our obligations under a contract and/or may also seek your affirmative consent to the terms of the updated Privacy Policy.   For example, we may ask for your consent before implementing new uses of the Personal Information that we have already collected from you based on such consent, if such new use was not addressed by the privacy policy under which such information was collected or if our legal basis for processing such information changes.  

12.   Accuracy

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete Information or you fail to update such Information. We may reject or delete any Information or entry for any reason, including if we believe in good faith that the Information is false, fraudulent or inconsistent with this Privacy Policy or our Terms of Use.

13.   Your California Privacy Rights

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.  If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at privacy@bandsintown.com.  All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

14.   Links to Third Party Platforms and Services

The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third Party Advertising Providers and Third Party Platforms. The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices or the content of such third-party services.  Any information you provide via those services is subject to the applicable privacy policies of such third-party services and is not covered by this Privacy Policy.

15.   Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent: Dan Nemo
Name and Address of Designated Agent: 
Bandsintown, LLC

Attention: Dan Nemo, DMCA Copyright Agent
1216 Broadway, 4th Floor
New York, NY 10001
Email Address of Designated Agent: legal@bandsintown.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Bandsintown by sending an email to legal@bandsintown.com..  You acknowledge and agree that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.

16.   Contact

If you have any questions, concerns, criticisms or feedback about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us via the below means.  Although we urge you to contact us to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority.

Email: privacy@bandsintown.com
Data Protection Officer Email: dpo.bandsintown@mazars.co.uk
OR
Mail:   Bandsintown, LLC
           Attention: Legal Department          
           1216 Broadway, 4th Floor
           New York, NY 10001