Privacy Policy
BRANDSFORBANDS.COM PRIVACY POLICY
Effective: April 8, 2013
This Privacy Policy sets forth the online data collection and usage policies and practices of Brandracket, LLC, a California limited liability company (the "Company", "Brandracket", "us" or "we") owner of brandsforbands.com (the "Website") that apply to you, the user ("User" or "you"), and your use of the Website or other Brandracket operated sites that refer to this Privacy Policy (collectively, the "Website"). Collectively, all Websites and other services, features, Company content, third party content, user submissions, email notices and communications and intellectual property provided, used and made available in connection with each of the foregoing is collectively referred to herein as, the "Service". By using or accessing the Service or any portion thereof or otherwise signing up for email notices and communications, you accept the practices described in this Privacy Policy, our Copyright Policy (available at http://www.brandsforbands.com/privacy-policy) and our Terms of Use (available at http://www.brandsforbands.com/terms-of-use). Unless otherwise defined herein, capitalized terms set forth in this Privacy Policy shall have the meaning set forth in the Terms of Use (available at http://www.brandsforbands.com/terms-of-use).
This policy does not apply to information collected through any other website, service or to the practices of companies that Brandracket does not control. We are not responsible for the privacy practices of others or other websites, and we recommend that you read the privacy policies of each website and application that you visit and use.
In certain instances, Users of the Service have the option of registering an account with us (a "User Account") and becoming a "Registered User", or merely using the Service as a visitor without registering personal information with us. You should note however, that many of the features of the Service may require Users to become a Registered User. In other instances, Users of the Service can simply visit without registering personal information with us, or may provide an email address or other information to us for notifications and email communications.
We respect the privacy of all Users of the Service, and unless otherwise set forth in this Privacy Policy or in any applicable terms of use, disclaimer or legal statement related to a Website or portion of the Service you use or join as a Registered User (which together form the "Agreement"); we will not release your non-public, password protected personal information without your permission.
1. Personal Information
"Personal Information" is unique information that identifies you, or any other person, as a distinct and identifiable individual. Personal Information includes information such as your name, email address or telephone number. The personally identifiable information may include e-mail addresses, work zip code, educational background, professional information, disciplinary actions, criminal history or other similar information, the access code and password used by you to access the Web Site, and individual profile information. You can review your non-public, password protected Personal Information that you provide us in your User Account.
See Paragraph 2 below about subscribing or unsubscribing to emails. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in backup and/or archival copies in our database, and we may retain information about you to make sure you remain unsubscribed until requested to re-subscribe to email notices and communications. You can also close your User Account through the applicable Website. If you close your User Account, we will remove your non-public, password protected Personal Information from our database.
2. Subscribing and Unsubscribe
You can subscribe to our email notices and communications by either signing up for our emails or requesting from Brandracket and or BrandsForBands personnel to receive email notices. You can unsubscribe by clicking the "unsubscribe" button within Brandracket's general email communication to you or by sending an email to the brandsforbands.com website administrator at [email protected].
3. Sharing and Disclosure of Personal Information
Except as otherwise described in this Privacy Policy and the Terms of Use (available at http://www.brandsforbands.com/terms-of-use) we will not disclose non-public, confidential Personal Information to any third-party unless we believe that disclosure is necessary to: (i) comply with the law, conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (ii) enforce the Agreement or to protect our rights, property and interests (or of an Affiliate); (iii) protect the safety of members of the public and Users of the Service; or (iv) effectuate any licenses or commercial transactions made with a credit card, debit card, or similar instrument or that require usage reporting.
Notwithstanding the foregoing, in connection with the provision of the Service, we may disclose certain aspects of your Personal Information as necessary to identify your Submissions, Promotional Materials or Songs that you own. We may also disclose the number of your Submissions that have been licensed. You hereby grant us permission to disclose your Personal Information in connection with the provision of the Service as described in Sections 5, 7, 8 and 9 of the Terms of Use (http://www.brandsforbands.com/terms-of-use).
We disclose information to companies and individuals we employ or contract with to perform functions on our behalf. Examples include but are not limited to hosting our web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals will have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third-party.
We reserve the right to transfer Personal Information to a successor in interest that acquires rights to that information as a result of (i) the sale of Brandracket, (iii) a transfer of all or substantially all of our assets, or (iii) a transfer of the Website.
We will not trade, sell, or otherwise commercially disseminate any non-public, confidential Personal Information, except as indicated in this Privacy Policy and/or as part of our business activities or the business activities of an Affiliate, including exchanging credit card information with credit card companies.
In addition, we may disclose personally identifiable information from time to time to our Affiliates to assist in their marketing efforts. For purposes of this Privacy Policy, "Affiliate" means any company that controls us ("Parent"), any company that is controlled by us ("Subsidiary"), companies used to maintain and update basic contact information, such as current law firm, address, etc., or any company that controls or is controlled by any such Parent or Subsidiary.
This Privacy Policy does not govern the release or dissemination of Personal Information in connection with the use of any Songs and related Promotional Materials, as licensed by a Provider Agreement. Any use of Personal Information in connection with a Song licensed pursuant to a Provider Agreement shall be governed solely by such Provider Agreement. Please see Sections 5, 7, 8 and 9 of the Terms of Use for further information concerning such activities http://www.brandsforbands.com/terms-of-use.
4. Promotional Surveys and Programs
We may conduct surveys or sponsor promotions, sweepstakes, programs or contests on the Website. You may be asked to provide Personal Information including name, email address or home address, or asked to answer questions in order to participate. Furthermore, we may transfer Personal Information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the Personal Information and whose privacy statement will apply.
5. Non-Personal Information
"Non-Personal Information" is information that does not specifically identify you or any person as an individual, and includes, but is not limited to, such non-unique information obtained from users of the Service like aggregated data, web-browser type, browsing history, IP address or an internet service provider. Non-Personal Information is used to manage the Website, track usage and improve the Service and is not linked to any Personal Information. Non-Personal Information may be shared with third-parties to provide more relevant services and advertisements to Users.
6. Aggregate Data
Non-Personal Information may be collected about your usage of the Service or retrieved from your User Account, if any, and aggregated with data from other users. This aggregated anonymous data will not contain any Personal Information. Aggregate data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of users of the Service. We may provide statistical information based on this data to advertisers and other current and potential business partners.
7. Content; Business Activities
We do not use any of your non-public, password protected Personal Information for purposes of writing articles or creating content. Nothing under this Privacy Policy is intended to limit or restrict us from writing articles or creating content that may include references to Personal Information about a User acquired through means other than accessing your non-public, password protected Personal Information. Nothing under this Privacy Policy is intended to limit or restrict usage of aggregate information collected from the Website.
8. Log Files
Due to the Internet communications standards, when you visit the Website we may receive the URL of the site from which you came and may receive the URL of the site to which you are going when you leave the Service. We also may receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information can be used to analyze overall trends to help us improve the Service. IP addresses may also be recorded for security and monitoring purposes as well as providing more relevant advertisements. The linkage between your IP address and your Personal Information is not shared with third-parties without your permission unless otherwise required by law.
9. Cookies
Cookies are small text files that are placed on your computer's hard drive by a webpage server. Cookies are used to store a visitor's preferences and to record session information. Cookies are also used to prevent duplicative advertisements and to customize newsletter, advertising, and Website content based on a User's browser type and User Account information, if any. The Service uses uniquely identifiable cookies for your session activity while you are using the Service, which will not function without this session tracking security enabled. This session cookie will expire at the time of your (a) logging off of our website or (b) after one (1) day has passed since using the Service. We will, however, never reveal or share this cookie information to any third party site, nor does your cookie contain any Personal Information.
Advertisements appearing on the Website may be delivered to you by us or by one of our advertising partners. Our advertising partners may set cookies that will allow the ad server to recognize your computer each time an advertiser sends you an online advertisement. In this way, ad servers may compile information about where you, or others who are operating your computer, saw their advertisements and determine which ads are clicked through by you. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. We do not control these third-party cookies. Use by advertisers of cookies is subject to their own privacy policies, not this Privacy Policy.
You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. Each browser is different. Refer to the "Help" menu of your browser to learn how to change your cookie preferences. However, please note that YOU MUST ENABLE COOKIES ON YOUR BROWSER IN ORDER TO USE MANY FUNCTIONS OF THE SERVICE.
10. Third Party Links
The Service provides you with content from, and links to, third-party websites. We may also carry advertisements from other companies. We are not responsible for the privacy practices of websites or other services operated by third-parties that are linked from or integrated with the Service or for the privacy practices of third-party Internet advertising companies. Once you leave the Website via such a link, access a third-party application (such as widgets), or click on an advertisement, you should check the applicable privacy policy of the third-party or advertiser site to determine, among other things, how they will handle any Personal Information they collect from you.
11. User Surveys and Polls
You may receive requests to participate in promotions and market research including polls and surveys submitted by us or other third-parties. If you participate in promotions, surveys and polls offered through the Service, the information you provide may be visible to others using the Service.
12. Forums/Chats/Blogs
If you post on a public section of the Service, such as a bulletin board, forum or blog, or participate in a chat room on the Website, you should be aware that any Personal Information you choose to provide there can be read, collected, or used by other Users of these forums, as well as other third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Service.
13. Children Under Age 18
Visitors and Registered Users must be aged 18 years or older. Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a User Account; nor do we knowingly collect or solicit Personal Information from anyone under the age of 18. In the event that we learn that information has been collected from a child under age 18 without verification of parental or guardian consents, that information will be deleted as quickly as possible. If you believe that we might have any information from or about a child under age 18, please contact us.
14. Changes in Our Privacy Policy
We reserve the right, and may, from time to time, make changes to this Privacy Policy. Any such changes will become effective immediately upon the posting to the Website, and the continued use of the Website by you after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. You will be deemed to have accepted the Agreement as amended if you continue to use the Website after any amendments are posted on the Website.
15. Security
We use reasonable measures to protect the confidentiality of your non-public information that is stored within password protected portions of the Websites. However, no method of Internet transmission or electronic storage is 100% secure or error-free, so we unfortunately cannot guarantee you absolute security and unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
16. California Residents
California Civil Code Section 1798.83 permits California residents to request certain information regarding certain disclosure of Personal Information to third parties in certain circumstances for a business's direct marketing purposes. To make such a request if this section of the California Civil Code applies to you, please send an e-mail to [email protected]
17. Contact Us
If you need to contact us regarding this Privacy Policy, we can be reached by emailing us at [email protected].