THERE ARE TWO TYPES OF INFORMATION WE MAY COLLECT THROUGH YOUR USE OF THE PLATFORM:
1. “Personal Information,” which is the type of information that specifically identifies you personally and/or can be used alone to contact you online or offline, such as your full name, physical address, email address, telephone number, photograph, precise geolocation information, credit card information and, in some cases, user names and passwords.
2. “Usage Data,” which is anonymous data relating to your computer and/or device, such as your Internet Protocol (IP) address, device ID or other persistent identifiers, and data regarding your use of the App, such as the actions you take within and outside of the App, the browser and/or device you use, the date and time of your use of the App, particular preferences you have chosen, and the URLs you visited and/or apps you used before and after using our App. Together, Personal Information, Usage Data and any other information you provide to us may collectively be referred to as “Information”.
PERSONAL INFORMATION, USAGE DATA AND OTHER INFORMATION THAT WE COLLECT AND HOW WE COLLECT IT
- If you choose to open an account with us, fill out your profile, request support, sign up to receive notifications, or in any other way take steps that require the submission of Information, we will collect all information you submit, which may include Personal Information such as your name, email address, phone number and other information such as your date of birth and/or gender.
- If you choose to connect to our App through a third-party social network such as Facebook, we may collect Information from your profile on such third-party social networks, such as your name, username, e-mail address, photograph, gender and date of birth.
- If you partake in any contests, sweepstakes or games, you may be required to undertake a separate registration process requiring the submission of Personal Information such as your name, street address, city, state and zip code, email address, telephone number and date of birth. The applicable entry page and/or rules will provide the specific requirements.
- If you make any purchases through the App, in addition to the Personal Information collected as part of the billing process, we, or the third party payment processor, will collect payment information which may include credit card information or information related to third party payment options such as Apple Pay, Pay Pal or Google Wallet.
- If you choose to submit your Information to us for any other reason in any other form (e.g., customer service requests, inquiry submissions, etc.), we will collect such Information and use it for the purposes for which you submitted it.
- We will only collect Personal Information if you choose to submit it to us. However, whenever you use our App, we, or third party analytics services on our behalf, may collect Usage Data such as device IDs, IP addresses and other persistent identifiers, and actions you take within and outside our App. Such Usage Data is not combined with Personal Information unless you choose to submit Personal Information to us.
USE OF THE PERSONAL INFORMATION THAT WE COLLECT
We will use your Personal Information to:
- Provide you with the services or functionality you have requested, including facilitating posts, messaging and chats, effectuating purchases, contacting your friends, registering you for a contest, sweepstakes or game, and processing any prizes or awards you’ve won;
- Respond to any inquiries you have made through our customer service features;
USE OF THE USAGE DATA THAT WE COLLECT
Usage Data may be used by us for administrative, analytical, research, optimization, security and other purposes. Specifically, we may use your Usage Data to:
- Track your use of our App to help us learn more about your preferences and tendencies so that we can personalize your experience, provide you with notifications that are tailored to you, and otherwise enhance your experience;
- Determine which features, products and services users enjoy the most so we can enhance and improve our App;
- Evaluate the success of certain features;
- Send applicable push notifications related to our App, but only if you have opted in to receiving such notifications (and you may choose to opt out at any time thereafter);
- Protect against crime or fraud, or to address other security concerns;
- Determine your level of engagement and the offers, enhancements, and experiences you have unlocked.
DISCLOSURE OF THE INFORMATION THAT WE COLLECT
- As discussed in more detail in the below section entitled “Artists and Other External Sources”, because we offer our App as a means to connect artists with their fans, all Information collected through the App is being collected on behalf of the Artist. Therefore, all data generated through the App, including Personal Information, will be shared with and ultimately controlled by the Artist.
- We may share your Information with people or entities who are closely related to the Artist, such as the Artist’s label, network or manager, who may use your Information to contact you about the Artist or events or products that may be of interest to fans of the Artist.
- Except as described herein, we will not sell, rent or transfer your Personal Information to third parties for direct marketing purposes without your prior consent.
- Of course, any information you choose to communicate to the Artist, users or others in public forums will be shared publicly.
- In order to provide you certain services, such as order fulfillment, payment processing, and prize fulfillment, we may be required to share your Information, including Personal Information, with third parties with whom we have contracted to assist us in providing the services at issue. In addition, Usage Data in aggregated, anonymous form may be shared with third parties who assist us with our internal operations such as administration, analytics, research, strategy and optimization. The third parties we contract with for the foregoing purposes (“Service Providers”) will be authorized to use such Information only for the purposes for which they were engaged; however, please understand that the storage and use of your Information by such Service Providers is not in our control.
- Our App may offer social sharing features such as “Share” or “Like” on Facebook or other third party social networking sites. If you decide to use such features, it may allow the sharing and collection of Information both to and from such third-party social networks. You should visit the policies of such third parties for more information about their information collection practices.
- We may disclose your Personal Information or other Information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the App, or to protect the property or safety of others.
- In connection with any sale or transfer of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets, and such customer information (including your Personal Information) will be transferred or sold to the acquirer or transferee.
THE ARTIST AND OTHER EXTERNAL SOURCES
As noted above, all collection of Information through this App is being done on the Artist’s behalf. As such, the Artist has the right to access and control such data, including your Personal Information and has the right to contact or interact with you through such data. We cannot control the Artist’s actions. If you feel your Information has been improperly used by the Artist or you would like the Artist to take any particular steps with respect to your Information, we will be happy to notify the Artist of your wishes but, in the end, we cannot guarantee compliance and recommend that you should always first contact the Artist directly.
In addition, our App utilizes Service Providers and links to external sources beyond our control. By accessing or utilizing any external services, you are agreeing to the privacy policies of those sources.
Please understand that our artists, Service Providers and any external sources may have different policies with respect to the collection, use and disclosure of your Personal Information. We have no control over and are not responsible for the privacy practices of such parties. Therefore, you are encouraged to review the privacy policies of the Artist, Service Providers and other external sources. As a condition to your use of the App, you expressly agree we bear no responsibility, and are not liable in any way, for the acts, omissions or policies of the Artist, Service Providers or other external sources with respect to your Information.
We ask that you keep the Personal Information that you provide to us current and that you correct any inaccurate information you have provided us by contacting us at firstname.lastname@example.org. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.
If you wish to opt out of further communications or push notifications from us, or if you wish to review, delete and/or revise the Personal Information we have stored about you, please contact us with your specific request at email@example.com; provided, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.
If you use the App, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or on your computer or device.
CHILDREN AND MINORS
Our App is intended for use by adults only and we do not knowingly collect or use any Personal Information from minors under the age of 13. If we collect Personal Information from someone we learn to be under 13 years of age, such Personal Information shall immediately be deleted and the user will not be able to sign up for an account or actively use our App. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at firstname.lastname@example.org.
If you are a California resident under the age of 18, and a registered user of our App, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to email@example.com and include “CA Removal Request” in the subject line. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
It is entirely your choice whether or not you provide Personal Information to us. We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the Personal Information collected through the App. We take reasonable precautions to protect our customers' Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at firstname.lastname@example.org.
YOUR CALIFORNIA PRIVACY RIGHTS
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s personal information with third parties for direct marking purposes. However, the foregoing does not apply to businesses that either do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out at any time of having your Information shared with the Artist and people or entities who are closely related to the Artist, at no cost or expense, by contacting us at email@example.com and including “Opt Out of Disclosure” in the subject line.