Last Updated: 12/01/11
TABLE OF CONTENTS:
1. INTRODUCTION; GENERAL TERMS
1.5 Attention Kids. If you are under the age of 13 (12 or younger), you may not use the Services, including, but not limited to, 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.
1.6 Note to Parents. BIT will not knowingly collect Personal Information from individuals under the age of 13. If you have any concerns about the Services, wish to find out if your child has become a member of or registered for the Services in violation of our Terms of Service, please contact us at email@example.com.
2. INFORMATION WE COLLECT ABOUT YOU
2.1 Registration, Features, Functionality and Communications. In order to access and use certain content, features and functionality of the Services, whether as a Fan or an Artist, we may require that you to provide and/or make available (e.g., via Third Party Platform permissions and consents, etc.) to us certain Information, including, but not limited to, in connection registration features, Fan/Artist pages/profiles, communication and networking features, purchases and other functionality. This Information may include, but not be limited to, your email address, legal name, location, music/artist/band preferences, and other account information associated with Third Party Platforms, and, in order to conduct fee-based transactions and other activities, your physical address, applicable payment data (e.g., payment card number and expiration date), etc. Access to certain content, features and functionality of the Services may be subject to Additional Terms, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize and/or allow you to use these Services. In addition, you may be presented with the opportunity to sign up to receive additional newsletters, email communications, or other communications from us in order for us to provide up-to-date information about the Services and preferences in connection therewith, and to publicize and promote certain events, concerts, content, products and services offered by us, our business partners and other third parties. When there is a separate sign-up for newsletters, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We may ask you to confirm your consent to these uses at the time you sign up for these services or communications.
2.3 Advertising Service Providers. This Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such services may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and/or to conduct research regarding the usefulness of certain advertisements to you.
2.4 Privacy, Account and Activity Settings. You may have the ability to set certain privacy, permission and account options on the Services that limit (a) the provision of certain Information to us, such as location data and/or (b) our ability to take certain actions that may disclose your Information (e.g., RSVP’ing to events and posting status messages, notes, photos, etc. to Third Party Platforms on your behalf). These privacy, permission and account options may be controlled by changing your account or Service settings, whether by (i) by responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant Information, (ii) by navigating to the settings, account or privacy section (as the case may be) of your Device, the applicable Third Party Platform and/or the applicable Service and limiting certain Service functionality (e.g., location services, etc.) and (iii) by using other available methods of controlling your options and settings. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
3. HOW WE USE INFORMATION
3.1 Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use your Personal Information for the following purposes:
· Providing any services or products that you request or purchase in connection with the Services;
· Contacting you regarding the administration of any features or functions of the Services;
· Sending you marketing and promotional e-mails and correspondence;
· Allowing you to participate in the support and other features of the Services;
· Responding to your questions or other requests;
· Tailoring your experience with the Services and/or otherwise customizing what you see when you use the Services;
· Saving your User Account, registration and profile data or other Personal Information (so you are not required to have to re-enter it each time you use the Services);
· Providing you with Services and related products and services of enhanced value to you;
· Marketing and promoting the Services, including promotions and other initiatives and activities;
· Where you order goods or services, performing credit checking where relevant. Please note that when a credit reference agency receives a search from us they will place a footprint on your credit file that may be seen by other organizations;
· For the prevention and detection of fraud or infringement of our or any third party’s rights;
· Tracking your return visits to and use of the Services;
· To comply with legal obligations or legal process; and
· For other purposes disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Service or other related product and/or service requested.
3.2 In addition, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use the Additional Information for the following purposes:
· For research purposes, for marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, Artists, etc.;
· Accumulating and reporting aggregate, statistical information in connection with the Services and user activity, including providing certain aggregate information to Artists;
· Determining which features, functionality and services of the Services users like best to help us operate the Services, enhance and improve the Services and display advertising and marketing information;
· Saving certain Additional Information for your ongoing use of the Services;
· For the uses described for “Personal Information” above; and
· For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the service requested.
4. “OPT-OUT”, USER CHOICE, WITHDRAWAL OF CONSENT AND ACCESS
4.2 Marketing and Promotional Communications. [At times, you may be presented with the option of whether to receive, or automatically entered to receive, certain marketing and promotional communications from us and others that we think will be of interest to you. You can unsubscribe to such communications by either following the specific instructions included in such communicationsyou may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your privacy, permission and account options on the Services or sending an email to us at firstname.lastname@example.org detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Further, also please note that in order to keep you informed about the operation of the Services, we may always send you emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, without limitation, for the purposes described in Article 3 above, in connection with your use thereof. 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 and our service providers serve you better.
5. SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION
5.3 Service Providers. We also have the right to disclose your Personal Information and any other information to third parties and affiliates for the purpose of administering and maintaining the Services. We will refer to these parties in this context as "BIT Service Providers”. We use BIT Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to BIT Service Providers for the purpose of providing services to us and our affiliates. These BIT Service Providers may temporarily store certain Information on their servers, but may only use your Personal Information to provide us with a specific service and not for any other purpose and agree to keep such Personal Information secure and confidential.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. We request that our third party contractors and BIT service providers follow similar standards of security and confidentiality. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.
7. 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 email@example.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.
8. INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS AND SERVICES
12. CONTACT US
Mail: Bandsintown, Inc.
c/o Cellfish Media LLC
Attention: Legal Department
215 Lexington Avenue, 18th Floor
York, NY 10016
13. SOLE STATEMENT
Copyright © 2011 Bandsintown, Inc.