Updated March 18, 2010
User access to this Site and the Services (as defined below) is void and unauthorized where prohibited by applicable law or regulation.
1. Description of the Site. The Site directly promotes and permits its Users to promote digital content, such as sound recordings, videos and ring tones as well as promotional products and merchandise (“Products”) produced by, related to, promoted by or featuring various music artists (“Artists”). The Site enables its Users to purchase, rent or license (as applicable) Products, under certain terms and conditions as set forth in the T&Cs. The Site also allows Users to network, socialize and communicate with other users based on mutual or expressed interests in various featured music artists, geographic location or musical genre. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”.
In order to have access to certain features of the Site, you may be required to create an Account. You may never use someone else’s Account. When creating an Account with the Site, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. Registration Data may include your e-mail address, user name, password, shipping address, billing address and credit card information.
Users of the Site may, where and if available, submit any photograph(s), video(s), image(s), text, rating, opinions and/or comment(s) or other content to the Site (“Submission(s)”).
2. What information does the Site collect?
Visitor/Non-Customer Activity. Visitors to the Site may choose to browse, search and examine any information or Submissions available on the Site without registering with the Site or setting up an Account. When you visit our Site as a non-Customer, we collect only information you provide or submit to the Site directly, information you send to us by email, information and messages you send or post through our accounts on third party social networks (such as Facebook, YouTube or Twitter), ratings and comments you provide on artists, music or other products or information or messages you send through any phone, SMS or mobile services we may provide. The foregoing statement not withstanding, our servers may recognize and collect visitors’ domain names, IP addresses and any information on pages visited.
Account Activity. In order to have access to some features available on the Site, a User may register and setup an account (“Account”). We may ask for and collect some PII when you create an Account, including, but not limited to your e-mail address, name and a password, which is used to protect your account from unauthorized access. We may also collect such PII as you age, gender, street address, telephone number, musical preferences, demographic information, pictures, socioeconomic status, favorite movies and favorite foods. Once you become a member, we also collect a variety of information and PII depending on the Services you use or engage in such as information on Products you’ve purchased.
Content Uploaded to the Site. Any PII or Submissions that you voluntarily disclose online (for example, PII contained in your comments, messages or profile pages, if any) is collected by us. In addition, any such information that may become publicly available and can then be collected, viewed and used by third parties.
Usage Information. We may collect information about your usage, such as when you use the Site, the Submissions you make or read, the information you review, the frequency and size of data transfers, as well as information you display or click on in the Site. If you are logged in we may associate this information with your account.
Surveys & Newsletters. We may now or in the future send or run surveys or provide newsletters to our Customers and/or visitors. At such time we may request certain PII such as name, email address and demographic information (such as zip code, age, or income level).
Affiliates Codes. Affiliate relationships are available through our Site, as further explained in the T&Cs. If you choose to become an affiliate, you will receive an Affiliate Code, aka Coupon Code or Identification Code (as defined in the T&Cs). All usages of the Affiliate Code may be tracked. We may gather information on all Customers who reach, register and purchase Services on the Site using, linked to, or referring to your issued Affiliate Code.
Click-Through URLs. In some of our email messages we may use a “click-through URL” linked to content on the Site. When Users click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications.
· We may share information collected including your PII with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, e-mail origination, support services, customer relationship management services and order fulfillment.
· We may share information collected including your non-financial PII with Artists on the Site. Artists may receive non-financial PII of all Users who join their network and become fans, purchase Products they promote, comment, rate or opine on the Artists or the Artists’ Products.
· Your account name you create during registration may be displayed to other Users when you provide Submissions such as commenting and other Registered Users or Customers can contact you through comments, blogs, chat, or forums. Any Submission that you provide through the Site may be redistributed through the Internet to other websites and other media channels, and may be viewed by the general public.
· Unless you opt-out, we may use your e-mail or other PII to send commercial or marketing messages without your further consent. Be advised that we use your e-mail address and other contact information provided by you to contact you regarding your Submissions. We may also use your e-mail address without further consent for non-marketing or administrative purposes (such as notifying you of major Site changes or customer service purposes).
· You may opt-out at any time by changing your preferences. Your preferences can be changed by editing your profile online or sending a request to email@example.com
· We use both your PII and certain non-PII (such as anonymous user data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the Site and to create new features, promotions, functionality and services by storing, tracking, analyzing and processing User preferences and trends, as well as User activity and communications.
· We use information collected during submission of Surveys and signups for Newsletters to send both the information as requested and additional information about our company or Site. Further, the information collected, including any demographics, is used to learn more about the types of people who visit our Site and improve our Services.
The Site was designed as a social network. One of the reasons people use the Site is to share content with others. Such content may include shared photos, videos, links, events, comments or messages. Another reason people use the Site is to locate other Users with similar interests. As a result, the Site may allow Users to search or browse User profiles based on Registered Data. At all times, you can control which Registered Data is made available by editing your online profile account.
If any financial information is collected it will be used to bill you for Services offered on the Site. If you used a credit card to pay for any Product on the Site, your credit card information may be subject to verification by the issuing credit card company or other third party company. Unless you give us permission at the time such information is collected, this information will not be used for any purpose except for the fulfillment and record keeping of current and future transactions.
In an attempt to provide increased value to our visitors, we may choose various third party web sites to link to, and/or frame within the Site. We also may participate in co-branding and other relationships to offer e-commerce and other services and features to our Users. However, even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. We encourage you to read the policies of these third party websites. By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties or advertisers through third party links on the Site, or electing to receive communications (such as e-mails) or electing to participate in contests, sweepstakes or other programs, offered or sponsored by third parties on the Site, you consent to our providing your PII to those third parties. Data collected by our co-brand partners or third party websites (even if offered on or through our Site) may not be received by us. As such, we have no responsibility or liability for the independent policies or actions of third parties, and are not responsible for the privacy practices or the content of any such web sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of the Services and the links placed upon each of them and therefore request any feedback on not only the Services, but for sites we link to as well.
Further, any linking with any other web site is neither an endorsement of that site nor any of the products or services that may be offered on that site.
Note: Your PII or financial information may be passed on to a third party in the event of a transfer of ownership or assets of EM or a bankruptcy. We may also disclose PII or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of EM or other visitors to the Site. Whenever PII or financial information is disclosed under this paragraph, we may also disclose your demographic information on a non-anonymous basis.
4. How does EM Protect Users Personal Information? We implement a variety of security measures to ensure the security of your PII on our systems. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL) via Verisign.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security.
Third parties may unlawfully attempt to intercept or access transmissions or private communications and other Users may abuse or misuse your personal information that they collect from the Site. 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.
5. Individuals under 13 years of age.
Pursuant to the provisions of the 1998 Federal Children’s Online Privacy Protection Act (“COPPA”), our policy is to refuse individuals 13 years of age or under to submit information to the Site or to use the Services. We therefore do not knowingly collect personal information from individuals 13 years of age or under.
We may store your user or login ID to recognize you every time you return to the Site. We may also use third-party advertising technology to serve ads when you visit the Site and sites upon which we advertise. This technology uses information about your visits to the Site and the sites upon which we advertise, (not including your name, address, or other personal information), to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we may use web beacons, provided by our ad serving partner, to help manage our online advertising. These web beacons enable our ad server to recognize a browser's cookie when a browser visits this Site and to learn which banner ads bring users to our Site.
7. How do you change PII provided or OPT-OUT? EM gives registered Users an option for modifying or removing their information from our database. To update, modify or delete the information that we have on file for you edit your online account profile or contact us at firstname.lastname@example.org. We will comply with your requests as reasonably as we can. Please note that we require some PII for billing purposes. If you wish to delete your name, e-mail address, billing information or mailing address you may be required to terminate your Account. However, please note, that while you may remove your PII from the site at any time, you acknowledge that we may retain archived or cached copies of your PII.
Equity Music Inc.
3346 SW 25th Street
Miami, FL, 33133