BUBBLEBEATS.COM PRIVACY POLICY
BubbleBeats, LLC (“Company”) respects your privacy, and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to your access to and/or use of www.bubblebeats.com (the “Site”) or your registration for or use of the Services (as defined in Company’s Terms and Conditions of Use Agreement (the
Terms of Use
). If you do not agree to abide by this Privacy Policy, please do not access or use the Site or register for or use the Services.
By submitting information to Company, either by visiting or using the Site or registering for or using the Services, you are accepting the practices described in this Privacy Policy and the Terms and Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use.
1. ACCESS TO AND USE OF THE SITE AND THE SERVICES
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Site and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service.
2. COLLECTION OF PERSONAL INFORMATION
You acknowledge that Company may collect and process “personal information” (i.e. information that could be used to contact you, such as full name, postal address, user name and password, phone number or e-mail address) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as the date regarding the start and end and the extent of your usage of the Service and your personal interests and preferences), in connection with the Service. Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.
3. CHANGE OR UPDATE REGISTRATION DATA
You may request a change to or update the Registration Data you provide Company by changing your profile in the [“Edit Profile” section of your personal page] or by contacting Company via email [link to service email address] (please include in the Subject line the words “Change in Registration Data”). It is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. USE OF PERSONAL INFORMATION
Company uses your personal information to improve and customize the advertising and content you see on the Site, and, if you permit Company, to contact you about special offers and new products. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent. You agree that Company may use personal information about you to improve Company’s marketing and promotional efforts, analyze website usage, improve or customize Company’s Services, customize the Site’s content, and as otherwise set forth in this Privacy Policy. Unless you specifically opt out, you also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site or the Services. By accepting the Terms of Use and this Privacy Policy, unless you specifically opt out, you expressly agree to receive this information. Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload content or send messages through the Site and other Users can contact you through messages and comments. Any content that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
5. DISCLOSURE OF PERSONAL INFORMATION
Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from email addresses. Company does, however, share some of your personal information with its affiliates, and unless you specifically opt out, you authorize Company and its affiliates to use your personal information in connection with electronic communications to you, including, without limitation, email or any off-line offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Site or the Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, Company may provide some of your personal information to an external service provider offering such services. To prevent Company’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company’s business, products and Services that Company provides to you and, therefore, Company may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
you are or may be violating the Terms of Use, this Privacy Policy or any applicable Rules;
you are interfering with Company’s or a third party's rights or property;
you are violating any applicable law, rule or regulation;
necessary or required by any applicable law, rule or regulation; and/or
requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In addition, Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
In the event of a merger, acquisition, or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.
6. NEWSLETTERS, ETC.
Company maintains a strict “no-spam” policy. If you register for the Service, you may receive Company’s newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below. You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here [email link] with the word “UNSUBSCRIBE” in the Subject line and you will be removed within 7 business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.
7. COOKIES
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.
8. WEB BEACONS
Web Beacons, also known as pixel tags and clear GIFs (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site. Internal use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Site.
Email. Company may include Web Beacons in HTML-formatted email messages that Company sends to you. Web Beacons in email messages helps Company determine your interest in and the effectiveness of such emails.
External use of Web Beacons. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Company may also include other company’s Web Beacons within the Site.
9. SECURITY
Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.
10. LINKS TO OTHER WEBSITES
The Site may include links to third party websites. Such links are not an endorsement by Company of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any websites other than the Site. If you decide to access any third party links appearing on the Site, you do so at your own risk.
11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS
Company welcomes the submission of comments, information and feedback regarding the Site and the Services. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.
12. OTHER TERMS
To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, and the limitation of liability, please review the Terms of Use.
13. CHANGES TO THIS PRIVACY POLICY
Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Site and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. Company’s last update to this Privacy Policy was made and posted on February 6th, 2008.
14. CHILDRENS' PRIVACY
Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Company will take the appropriate steps to delete this information.
15. SPECIAL NOTE TO INTERNATIONAL USERS
The Site is hosted in the United States. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
16. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
17. QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below: Via fax:
Via mail:
Online: Click here [link]
1. ACCESS TO AND USE OF THE SITE AND THE SERVICES
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Site and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service.
2. COLLECTION OF PERSONAL INFORMATION
You acknowledge that Company may collect and process “personal information” (i.e. information that could be used to contact you, such as full name, postal address, user name and password, phone number or e-mail address) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as the date regarding the start and end and the extent of your usage of the Service and your personal interests and preferences), in connection with the Service. Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.
3. CHANGE OR UPDATE REGISTRATION DATA
You may request a change to or update the Registration Data you provide Company by changing your profile in the [“Edit Profile” section of your personal page] or by contacting Company via email [link to service email address] (please include in the Subject line the words “Change in Registration Data”). It is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. USE OF PERSONAL INFORMATION
Company uses your personal information to improve and customize the advertising and content you see on the Site, and, if you permit Company, to contact you about special offers and new products. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent. You agree that Company may use personal information about you to improve Company’s marketing and promotional efforts, analyze website usage, improve or customize Company’s Services, customize the Site’s content, and as otherwise set forth in this Privacy Policy. Unless you specifically opt out, you also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site or the Services. By accepting the Terms of Use and this Privacy Policy, unless you specifically opt out, you expressly agree to receive this information. Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload content or send messages through the Site and other Users can contact you through messages and comments. Any content that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
5. DISCLOSURE OF PERSONAL INFORMATION
Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from email addresses. Company does, however, share some of your personal information with its affiliates, and unless you specifically opt out, you authorize Company and its affiliates to use your personal information in connection with electronic communications to you, including, without limitation, email or any off-line offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:
6. NEWSLETTERS, ETC.
Company maintains a strict “no-spam” policy. If you register for the Service, you may receive Company’s newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below. You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here [email link] with the word “UNSUBSCRIBE” in the Subject line and you will be removed within 7 business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.
7. COOKIES
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.
8. WEB BEACONS
Web Beacons, also known as pixel tags and clear GIFs (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.
9. SECURITY
Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.
10. LINKS TO OTHER WEBSITES
The Site may include links to third party websites. Such links are not an endorsement by Company of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any websites other than the Site. If you decide to access any third party links appearing on the Site, you do so at your own risk.
11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS
Company welcomes the submission of comments, information and feedback regarding the Site and the Services. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.
12. OTHER TERMS
To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, and the limitation of liability, please review the Terms of Use.
13. CHANGES TO THIS PRIVACY POLICY
Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Site and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. Company’s last update to this Privacy Policy was made and posted on February 6th, 2008.
14. CHILDRENS' PRIVACY
Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Company will take the appropriate steps to delete this information.
15. SPECIAL NOTE TO INTERNATIONAL USERS
The Site is hosted in the United States. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
16. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
17. QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below: