Version 4.2.9, published May18, 2014
2. INFORMATION WE COLLECT
2.1 Registration and Your Account Information Personal Information means information that can be used to identify and contact you, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information ('Personal Information'). You do not need to submit Personal Information to access the AudioFlix Site or aspects of the AudioFlix Service, but if you do not disclose certain Personal Information to us, you will not be able to access important portions of the AudioFlix Service. When you create an account, or access or use your account for purposes of accessing the AudioFlix Service, we may require you to provide us with certain Personal Information. You will also select a password for your account. Your email address and password will be used together so you can securely access and maintain your account. You may also access the Service Applications or use certain aspects of the AudioFlix Service by creating a new, or using your existing, Social Network log-in credentials. By utilizing your Social Network log-in credentials to log into the AudioFlix Service (including on or through any of the Service Applications) or by linking your AudioFlix Service account with any Social Network account, you expressly authorize AudioFlix to receive, and for such Social Network account to share, certain of your information that is available on or through your Social Network account, including, without limitation, your profile information, friends names, your photos, privacy settings, and certain other information that will be disclosed to you (and authorized by you) during the log-in process; and you also authorize AudioFlix to generate and publish on your Social Network news feed and/or timeline actions you take on the AudioFlix Service, and to allow you to interact with your Social Network friends on the AudioFlix Service. If linked, you agree to allow your Social Networks to receive information concerning the actions you take on the AudioFlix Service. When you discover, play, download and share music or other content on or through the AudioFlix Service, you authorize AudioFlix to share and/or publicly display such activity on or through: (i) the AudioFlix Service; and (ii) the Social Networks. For clarity, as a result of your creation of an AudioFlix account with your Social Network log-in credentials, and/or by linking your AudioFlix Service account with any Social Network account, and/or by providing us certain additional information, we may obtain certain of your personally identifiable information, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information, including any such information that you previously provided to your Social Networks.
2.2 Customer Service We provide customer service support through email and through our support pages located at http:/www.AudioFlix.com/help. In order to provide customer support, we may ask for your email address and other account information depending upon the nature of your support request. We only use information received from customer support requests, including email addresses and other account information, for customer support services and we do not transfer or share information obtained from support requests with any third parties (other than service providers that may be assisting us in providing services to you).
2.4 LOG INFORMATION We also keep track of your interaction with the AudioFlix Service and any other users, whether through the AudioFlix Site, or our Service Applications. Specifically, our servers automatically record information that your browser (or our Service Applications) sends whenever you interact with the AudioFlix Service. This information includes your Internet Protocol address (IP address), your cookie ID, your browser type and version, which aspects of the AudioFlix Service you use and when and how long you use them, and how you otherwise access the AudioFlix Service. For example: Playing music Our servers log and can identify what songs you play or stream, how long you play or stream them, where you are when you play or stream them (e.g., via IP Address), and where you play them from (i.e., from the AudioFlix Site or a Service Application). Buying and downloading music Our servers log and can identify what songs you download, where you are when you download them (e.g., via IP Address), and if the download is successful. AudioFlix Desktop Our servers log and can identify what your operating system is, the fact that you have downloaded AudioFlix Desktop, what version of AudioFlix Desktop that you are using and whether you require an update. Mobile Applications Our servers log and can identify which of the available mobile Service Applications you have installed (and on which mobile platforms), what songs you store on them and what songs you play.
3. HOW WE USE YOUR INFORMATION
As a general matter, we use the information that you provide to us or that we obtain from the Social Networks linked to your AudioFlix Service account to process your user registration, and to provide, enhance and personalize the AudioFlix Service. We use the information automatically collected by our servers to monitor and analyze how users use the AudioFlix Service, and to maintain and improve the AudioFlix Site, the Service Applications, and the AudioFlix Service. Specifically, we use the information that you provide to us (or that we obtain from any applicable Social Network) to: a) send you emails and newsletters (or otherwise communicate with you through the AudioFlix Service) for the purpose of keeping you updated about (i) the AudioFlix Service in general, (ii) the music available on or through the AudioFlix Service, and (iii) the features and functionality of the AudioFlix Service, the AudioFlix Site and our Service Applications (including, without limitation, information about available software or AudioFlix Service upgrades or updates); b) send you emails and newsletters (or otherwise communicate with you through the AudioFlix Service) for the purpose of offering you upgrades, content and additional services for you to access or purchase; c) provide you with a more personalized experience based on your Personal Information; d) make available to you, and bill you for, your access to the AudioFlix Service (including, without limitation, verifying the authorization of your credit card or other payment method before any initial subscription or individual purchase of music); e) verify your right to access premium services; f) track your use of the AudioFlix Service, including without limitation, to track your access, streaming and downloads of music for the purpose of paying royalties and license fees to third party providers (such as record labels and other copyright holders and content distributors); g) communicate with you regarding your account and any customer service matters that may arise; h) respond to or confirm your requests or activity on the AudioFlix Service; i) ask you to participate in surveys that help us make the AudioFlix Service better; j) provide you with targeted advertising, promotions and special offers; k) better understand how our AudioFlix Service is being used; l) notify you of activity initiated by persons that you follow or that follow you (or of groups that you follow or that follow you), including, without limitation, the commencement of such relationships (i.e., to notify you that you are being followed or that a person wishes to introduce you to new content); m) notify you of issues with the AudioFlix Service and/or unusual account actions (i.e., password resets); and n) notify you and warn you of inappropriate conduct, and if necessary, to inform you of the suspension or termination of your account. You may unsubscribe from receiving future emails at any time (see 'Opting Out of Receiving Communications from Us' below). We will use your Personal Information to verify your credit card or other payment information, and we will use your credit card or other payment information to allow you to pay for any subscription services or downloads you purchase. Additionally, we may use Personal Information that you provide, or that we learn about you to otherwise improve your use of the AudioFlix Site and the AudioFlix Service. We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance our AudioFlix Service offering for our users. Facebook Account: We may provide your personal information to Facebook in order to provide you, or other Facebook users who share similar interests as you, targeted advertising, promotions and special offers through your or such usersí Facebook accounts. Your personal information will be hashed when it is provided to Facebook. Hashing summarizes text into a short fingerprint that cannot be decrypted and does not allow the original information to be recovered later by decryption. Facebook will calculate the hash of the personal information that you and other users provide to them via their website and services, and compare those hashed results with the hashed personal information we provide Facebook to match you and other users who share similar interests as you to your Facebook accounts. If we provide any hashed personal information that Facebook does not already have, no matches will be made. At no time will Facebook have access to any original, discernible personal information it does not already have. We encourage you to review Facebookís privacy policies to obtain information regarding Facebookís information collection, use and disclosure policies.
4. YOUR CHOICES ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION
4.1 Opting Out of Receiving Communications from Us If, at any point in time, you are not interested in direct marketing emails from us, you will be able to opt-out of receiving them by clicking on the specified link in any given email communication or by modifying your personal settings. Please note that you may not be able to unsubscribe from certain non-marketing related correspondence from us, including messages relating to your AudioFlix account.
4.2 Control of Your Information You may have the right to access, update and correct inaccuracies in your Personal Information in our custody or control, subject to certain exceptions prescribed by law. You can access and update most of your Personal Information through the use of the AudioFlix Site. You may also request access, updating and correction of inaccuracies in other Personal Information we have in our custody or control by using the contact information provided below. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you access or allowing you to make any corrections or updates. You are responsible for maintaining the secrecy of your password and account information at all times. Additionally, in the event you no longer want the AudioFlix Service to publish your AudioFlix activity on your Social Network news feeds and/or timelines, or want to otherwise limit the ways in which the AudioFlix Service interacts with your Social Network accounts, you can always disable aspects of this feature by changing your application settings in your Social Network accounts.
5. Sharing of Information with Third Parties
We will not sell or rent your email address or any of your Personal Information. However, to operate the AudioFlix Service, we may share your information in the following ways:
5.1 As Aggregated Data We will share aggregate statistical and demographic information, which does not personally identify you, about our users and their use of the AudioFlix Service (including on the AudioFlix Site or through our Service Applications) with suppliers of advertisements and potential affiliate partners. We may also disclose and otherwise use non-personally identifiable information about users. None of the above would include information that could be used to identify you or to discover individual information about you.
5.3 To Facebook AudioFlix will share hashed information you provide to AudioFlix with Facebook for the purpose of matching users to their Facebook accounts, as described in more detail above.
5.4 As Otherwise Required We will share personal information we collect from you if we believe it is reasonably necessary to make the AudioFlix Service available, legally required, or otherwise permitted by you. For example:
5.4.1 Protection of rights We will share Personal Information if: a) we have reason to suspect that unlawful activity has been, is being or may be engaged in, and use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; b) the use or disclosure is required or authorised by or under law; c) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; (iii) the protection of the public revenue; (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; d) we have a good faith belief the use or disclosure is: (i) appropriate to enforce the Terms of Service and Payment Terms for the AudioFlix Service, including any investigation of potential violations thereof; (ii) necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the AudioFlix Service; (iii) appropriate to protect the rights, property or safety of AudioFlix, its employees, users of the AudioFlix Service or others.
5.4.2 Asset transfers If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our or our affiliatesí assets or voting securities, user information, including Personal Information collected from you through your use of the AudioFlix Service, may be included in the transferred assets or securities. Should such an event occur, we will use reasonable means to notify you, either through email and/or prominent notices on the AudioFlix Service.
5.4.3 Investigations You hereby grant AudioFlix and its representatives the right to access your account and records as necessary to investigate any use of the AudioFlix Service including, but not limited to, alleged violations of applicable laws and regulations, abuse, and/or harassment.
6. ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES
7. THIRD PARTY ANALYTICS
The Personal Information you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information, including firewalls, password encryption and other password protection features. In addition, we restrict access to Personal Information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the AudioFlix Service. All AudioFlix personnel who have access to this information are trained in the maintenance and security of such information. Any bank account information and other user sensitive information you supply us is transmitted and protected via Secure Socket Layer technology ('SSL') and HTTPS protocol and then stored into our databases using industry standard encryption methods to be accessed only as stated above. No server, computer or communications network or system, or data transmission over the Internet or mobile service can be guaranteed to be 100% secure, however. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any aspect of the AudioFlix Service and we accept no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. We continue to store your Personal Information for so long as it is necessary to provide you our AudioFlix Service and periodically destroy old Personal Information in accordance with our company policies, including when it is no longer necessary in order to offer you the AudioFlix Service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes.
9. CHILDRENíS PRIVACY
The AudioFlix Service is intended for users age 18 or older. If you are under 18, you may only use the AudioFlix Service if you have obtained the consent of your parent(s) or other legal guardian. By using the AudioFlix Service, you warrant that you are age 18 or older or have obtained such consent. Notwithstanding the foregoing, the AudioFlix Service is expressly not intended for children under the age of 13. We do not knowingly collect or maintain any Personal Information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any Personal Information we believe was submitted by any child under the age of 13.
10. SPECIAL NOTE TO USERS OUTSIDE OF THE UNITED STATES
11. DISPUTE RESOLUTION
12. TERMS OF SERVICE
14. QUESTIONS? CONTACT US
It is extremely important to us that your privacy is treated with the utmost respect. If you have any concerns, questions, or ideas on how we can do a better job at this, please let us know by submitting the Contact Audioflix form.