By using the Site, you hereby agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, you may not use the Site. We may modify the Policy from time to time, at our sole discretion. When changes are made, we will notify you by making the revised version available on this portion of the Site, and we will indicate at the top of this page the date that revisions were last made. All modifications will apply prospectively only. You should revisit the Policy on a regular basis, as any and all revised versions will be binding on you. Any such modification will be effective upon our posting of the new Policy. You understand and agree that your continued access to or use of the Site after any posted modification to the Policy indicates your acceptance of the modification(s).
The Site is controlled and operated solely by Company (and not by any other party, individual or entity, including without limitation, Jenna von Oy), and this Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law. Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative, at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Site and/or Site- related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personal Information to the United States, waiving any claims that may arise under other national laws.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Information through the Site.
WHAT TYPES OF INFORMATION DOES COMPANY COLLECT FROM ME?
We categorize the information we collect into two (2) types: Personal information and Public Information.
Personal Information. Personal Information includes information that identifies you as an individual, including your name, postal address, telephone number, e-mail address, credit card number, or other payment account number. You do not have to provide Personal Information to use the Site; however, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter or to view certain areas of the Site), we may request that you furnish Personal Information, and we only collect Personal Information from you through the Site when you voluntarily provide it to us.
Public Information. Public Information includes aggregated information, demographic information, IP addresses and any other information that does not reveal your personal identity. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Public Information (for example, a catalog of the Site pages you visit).
HOW DO WE COLLECT PUBLIC INFORMATION?
Public Information is generally collected through the Site from server log files, cookies, and information that you voluntarily provide to us.
Use of Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites.
Use of Information That You Voluntarily Provide. Company also collects Public Information (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any Personal Information, such information is considered to be Public Information, as it does not personally identify you or any other user. Additionally, we may aggregate Personal Information in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using Personal Information to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Public Information for purposes of this Policy.
WHY DOES THE SITE COLLECT PERSONAL INFORMATION?
We collect Personal Information to improve the manner by which the Site operates and offers its products and services, communicates with you about those products and services, and provides effective, timely customer support when needed. We will not rent, sell or distribute any Personal Information without your consent, unless such sharing is necessary for the purposes set forth in
Informational Communication and Deliveries. Company may use Personal Information about you to fulfill the purpose for which such Personal Information was provided (e.g., to send promotional materials, information, and/or newsletters to you, or fulfill your purchase).
Administrative Communications. From time to time, in our sole discretion, we may use Personal Information about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
Promotional Communications. If you affirmatively opt-in to receive marketing messages from Company, we may use Personal Information about you to inform you of any artists, products, programs, services and promotions that we believe may be of interest to you. If you would prefer not to receive marketing-related e-mail messages, please refer to section describing opting out below.
Third Party Communications. If you affirmatively opt-in to Company sharing Personal Information about you with third parties for their marketing purposes, we may share Personal Information about you with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would like to later opt-out of receiving marketing-related e-mail messages from such third parties, please utilize any opt-out mechanisms set forth in such third parties’ marketing-related e-mail messages and/or privacy policies.
Notwithstanding the foregoing, if purchasing functionality is offered on the Site and you seek to make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase. If applicable, we may also provide such Payment Information, or other Personal Information provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Public Information, use of such Public Information is governed below.
Contests & Surveys. Company and/or Artist(s) may operate sweepstakes, contests and other promotions (collectively, “Promotions”) through the Site. In addition, we and/or Artist(s) may conduct surveys or polls through the Site or ask for your responses to questionnaires that we
make available through the Site (such surveys, polls and questionnaires, collectively, “Surveys”). We typically ask you for certain Personal Information when you enter and, if applicable, win a Promotion, and when you participate in a Survey. We reserve the right to share Personal Information that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey. You should carefully review the rules, if any, of each Promotion and Survey in which you participate through the Site, as they may contain additional important information about Company’s, a sponsor’s or other third parties’ use of Personal Information about you. To the extent that the terms and conditions of such rules concerning the treatment of Personal Information about you conflict with this Policy, the terms and conditions of such rules shall control.
Company Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.
Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature. We reserve the right to share Personal Information about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share Personal Information about you with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).
Assignment. We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). Additionally, please note that if any Artist is no longer affiliated with Company, we may transfer or provide a copy of any and all information that we collect from Site users to such Artist.
Legal Compliance Purposes. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose Personal Information about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions; (e) to protect our operations or our artists; (f) to protect the rights, privacy, safety or property of Company, our artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
WHY DOES THE SITE COLLECT PUBLIC INFORMATION?
We collect Public Information to improve our business and learn more about the general demographics of our visitors. Because Public Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Public Information, which does not personally identify you, with other third parties, for any purpose. In some instances, we may combine Public Information with Personal Information (such as combining your name with your geographic location). If we do combine any Public Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.
WHEN AND HOW DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
Company may disclose relevant information about its customers to our contractors (i.e. a customer service contractor or a credit card clearing service) in order for them to provide specific services for Company to better serve our customers. Company’s contractors are bound by strict contractual requirements to keep all Personal Information they process strictly confidential and to use such information solely on behalf of Company.
Also, the Company may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on Company; (d) protect and defend the rights or property of the Company; or (e) act in urgent circumstances to protect the personal safety of users of Company products or the public at large.
Company websites and products contain links to other websites and products. Company is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices.
Some of the Personal Information collected by Company is necessary to provide you with the product or service you choose and to optimize the delivery of audio and video data to your computer. Certain technical information (e.g., zip code, product id, GUID) may be automatically transmitted between networked servers to authenticate access to products and services, enable their delivery, or optimize your media delivery experience.
E-MAIL FROM US & OPT-OUT OPTIONS.
Registering for a product or service allows you to tell us how or whether you want Company to communicate with you. Generally, Company sends e-mail about its products, content and special offers. During registration, you may opt out of receiving Company marketing e-mails and/or newsletters. Additionally, your online Company account, accessed through the “Account Settings” link provided in emails and on Company Web pages, enables you to select whether you wish to receive newsletters, marketing, promotional emails, and special offers. However, Company may continue to send you e-mail about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your Company products and services, or to inform you about critical technical service issues relating to a Company product
or service. If you would prefer not to receive marketing-related e-mail messages from Company or any particular Affiliated Entity, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from Company. Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, Company, Artist(s) or other Affiliated Entities).
HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
To access your account information and preferences, select “Account Settings” from the applicable menu(s). Sign in to your account and modify your information and preferences as needed.
When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters and promotional emails. If you have forgotten a username or password, please refer to Company’s online help resources.
NO ERROR FREE PERFORMANCE
CONTACT US ABOUT PRIVACY
If you have questions about the privacy aspects of our products or services or would like to make a complaint, please contact:
JENNA VON OY ENTERPRISES, INC. c/o Graffam Middleton
1200 Clinton Street, Suite 225 Nashville, Tennessee 37203
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your correspondence.