The following defined terms shall have the meanings set forth below, all of which are referred to collectively as “Information”:
“Financial Information” means information relating to payments and billing (e.g., name, account information, billing address) provided by you. All Financial Information is collected for billing and payment purposes only and will be protected and administered by VNUE and/or its authorized third party partners.
“Non-Personal Information” means information that, by itself, does not identify a specific individual or entity (e.g., demographic information, usage data or downloads).
“Personal Information” means specific identifiable information about an individual or entity which may be used to identify, contact or locate that person or entity (e.g., name, mailing address, Device ID (defined below), e-mail address or phone number).
2. WHAT INFORMATION IS COLLECTED?
The Information VNUE gathers from consumers and customers enables VNUE to personalize and improve the VNUE Service and to allow its consumers and customers to set up accounts to use the VNUE Service. VNUE collects and uses the following types of Information from VNUE consumers and customers.
Information You Provide. VNUE may receive and store any Personal Information, Financial Information and/or Non-Personal Information that you provide when you interact with VNUE. For instance, VNUE receives and stores any information you provide to VNUE in connection with your use of the VNUE Service. The types of Information collected include, without limitation, your full name, e-mail address, mailing address, phone number, IP address, browser information, password, contact information, credit card or bank account information, transactional information based on your activities with the VNUE Service, and media consumed via the VNUE Service including, but not limited to, media viewed, played, downloaded, streamed, uploaded and shared. You can choose not to provide VNUE with certain Information, but some features and/or functionality of the VNUE Service may be unavailable if you choose not to share it. In connection with the VNUE Service, VNUE requests and displays some Non-Personal Information to other consumers and users of the VNUE Service, which allows consumers to identify artists and goods within the VNUE Service.
B. E-mail Communications. VNUE may use your Personal Information to send you e-mails related to your use of the Service, promotions and/or events. You can opt-out of receiving promotional e-mails by following the instructions in the relevant correspondence. Once VNUE has processed your opt-out request, VNUE will not send you further promotional e-mails unless you later opt back in. Whether you opt-out of receiving promotional e-mails or not, VNUE reserves the right to e-mail you with respect to important information, notices or changes relating to the VNUE Service.
C. Contact VNUE. If you choose to contact VNUE, you may be asked to provide Personal Information and describe the purpose for which you are contacting VNUE. If VNUE knows that you are under the age of 13, VNUE will delete your e-mail address once your request has been fulfilled.
D. Push Notifications. On occasion, VNUE will send you push notifications when using VNUE’s application regarding products and services, as well as other account information that may be important to you. If you no longer wish to receive these types of communications you may opt-out from receiving them by turning them off at the device level through the settings of the device.
E. Other Information. You may provide other Personal Information and Non-Personal information whenever you interact with the VNUE Service including, without limitation, when you search the VNUE Service, participate in a contest, survey or questionnaire, place an order, or communicate with VNUE by phone or e-mail.
With any of the above actions, you may supply VNUE with information such as your name, address, phone number, third party information (such as name and e-mail address), alternate contact information, information about your use of the VNUE Service, personal descriptions and product descriptions.
3. INFORMATION COLLECTED AUTOMATICALLY OR THROUGH TECHNOLOGY.
VNUE may receive and store certain Personal Information and Non-Personal Information whenever you interact with the VNUE Service. While you are able to visit the VNUE Service and remain anonymous, VNUE and/or its third party service providers may still collect Non-Personal Information through technological means. Such Information may be gathered by the following methods:
A. Cookies. Cookies are small pieces of information that are stored on your device’s hard drive which work by assigning to your device a unique number that has no meaning outside of the VNUE Service. Cookies do not generally contain any Personal Information, and except as necessary to investigate claims of fraud or other misconduct or as otherwise necessary to track purchases for purposes of calculating credits, VNUE does not combine the Non-Personal Information collected through cookies with other Personal Information to tell VNUE who you are or what your screen name or e-mail address is.
B. Device Information. When you use the VNUE Service, VNUE automatically collects information on the type of device you use, operating system, application version, and the persistent device identifier (“Device ID”).
C. Metadata. Metadata is data collected and used to facilitate the VNUE Service, monitor system usage, prevent fraud, and other services. Some examples of metadata that VNUE may collect and analyze include, without limitation, the Internet protocol (IP) address used to connect your computer or device to the Internet, computer and connection information (such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), the full Uniform Resource Locator (URL) click sequence to, through, and from the VNUE Service including date and time, cookie number and any products, services or features you use or interact with arising out of or in connection with your use of the VNUE Service.
D. Tools. VNUE may use software tools to measure and collect information about your use of the VNUE Service such as scrolling, clicks, and mouse- overs, features use, purchase tracking and order fulfillment and methods. Sometimes, you will have a choice whether or not to provide information, but if you fail to provide certain information it could make some features and/or functionality of the VNUE Service unusable. Generally, the VNUE Service automatically collects usage information, such as the numbers and frequency of visitors to the VNUE Service, similar to TV ratings that indicate how many people watched a particular show. This type of data enables VNUE to figure out how often consumers use parts of VNUE Service so that VNUE can make the VNUE Service appealing to as many consumers as possible, and improve the VNUE Service.
E. Information from Other Sources. VNUE may receive information about you from VNUE’s third party service providers, or other sources, such as Financial Information, redemption information, VNUE Service usage, reporting information, page-view information, technical, fulfillment, advertising, search information and credit history information.
F. Mobile Analytics. VNUE uses mobile analytics software to allow VNUE to better understand the functionality of the VNUE Service on your mobile device(s). This software may record information such as how often you use the VNUE application, the events that occur within the application, aggregated usage, performance data, and from where the application was downloaded. VNUE does not link the Information VNUE stores within the analytics software to any Personal Information you submit within the application.
4. HOW INFORMATION IS USED, SHARED AND DISCLOSED. VNUE does not sell, and generally does not disclose, your Personal Information to third parties without your consent. Parents have the right to consent to collection and use of Personal Information from their child without also consenting to disclosure to third parties, as VNUE does not share Personal Information that may be collected from your child. VNUE uses Information, among other things, to monitor system performance, analyze internal business systems, improve the VNUE Service, fulfill requests for additional products and services, contact you about promotional and marketing activities, and conduct research. The use and protection of Information is an important component of VNUE’s business. Examples of how VNUE shares and discloses your Information are as follows:
Legal. VNUE may disclose Information you provide to respond to subpoenas, court orders and other legal processes, and to establish/exercise VNUE’s legal rights. VNUE may also disclose your Information to defend against legal claims when VNUE believes that disclosure is necessary to protect VNUE’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. VNUE may share Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service located at (www.vnue.com/terms-of-services), or as otherwise required by law.
Affiliated Artists and Rightsholders VNUE Does Not Control. VNUE is affiliated with and works closely with a variety of artists and rightsholders including, without limitation, record labels and music publishers (“Rightsholders”). In certain situations, these Rightsholders sell items to you through the VNUE Service, for example, the labels, musicians and other artists from which you purchase or use products or services through VNUE Service. In other situations, VNUE provides services, or sells products jointly with affiliated businesses. VNUE will share Information that is related to such transactions with that affiliated business unless you expressly opt-out of such disclosure. VNUE may also provide: (i) Personal Information and Non-Personal Information to the Rightsholders that relate to their fans, for example regarding which fans are consuming and sharing what pieces of media at what levels, subject to the ability of such fans to opt-out of promotional communications; and (ii) Non-Personal Information to Rightsholders or VNUE’s partners about how consumers or customers, collectively, use the VNUE Service. VNUE shares this type of Non-Personal Information so that VNUE’s partners also understand how often people use their services and the VNUE Service, so that they, too, may provide you with an optimal experience. For the avoidance of doubt, when you purchase a Rightsholder’s music, that Rightsholder may receive your name and e-mail address unless you opt-out of disclosing this information. A Rightsholder may also be able to identify the web page or link from which you have been referred to a Rightsholder’s page from the VNUE Service.
Third Party Service Providers. VNUE employs other companies and people to perform tasks on VNUE’s behalf and VNUE may need to share your Information with them to provide products or services to you. Examples of such Information include, without limitation, fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, processing credit card information, and providing customer service. Unless VNUE tells you differently, such third party service providers do not have any right to use Information VNUE share with them beyond what is reasonably necessary to assist VNUE. You hereby consent to VNUE’s sharing of Information for the above purposes.
Opt-In for Promotions. VNUE does share Personally Information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
With Your Consent. Except as set forth above, you will be notified when your Information may be shared with third parties, and will have the option of preventing the sharing of this Information. The Information you provide is used for purposes such as responding to your requests for certain products and services, customizing the content you see, communicating with you about specials, sales offers, and new features, responding to problems with the VNUE Service, or communicating with you about a specific program or feature you have elected to participate in or receive information about.
General. VNUE may use all of the Information that VNUE collects from you to understand usage trends and consumer and customer preferences, to improve the way VNUE Service works and looks, to improve VNUE’s marketing and promotional efforts, and to create new features and functionalities. VNUE may use automatically collected Information and cookies information to: (i) remember your Information so that you will not have to re-enter it during your use of the VNUE Service; (ii) provide custom, personalized advertisements, content, and information; (iii) monitor the effectiveness of VNUE’s marketing campaigns; and (iv) monitor aggregate usage metrics such as total number of visitors and pages viewed.
The security of your Personal Information is important to VNUE. Your VNUE account is protected by a password for your privacy and security. You need to protect unauthorized access to your account and Information by selecting and protecting your password appropriately and limiting access to your computer, browser and devices by signing off after you have finished accessing your account. If you share your password or your Information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify VNUE and change your password.
VNUE follows generally accepted industry standards to protect the Information submitted to VNUE, both during transmission and once VNUE receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however, and so VNUE does not guarantee its absolute security. While no security system is completely secure, VNUE and its third party partners and vendors take appropriate security measures to protect against unauthorized access or disclosure of the Information VNUE collects. For VNUE, this includes, but is not limited to, ensuring that all Personal and Financial Information is disclosed only on a “need to know” basis, and ensuring that all Personal Information collected by VNUE is done via secured connections, and protected and encrypted (using secure socket layer technology, “SSL”) by industrial grade security software to guard against unauthorized access.
VNUE may allow you to access certain Information about you through your account for the VNUE Service for the purpose of viewing, and in certain situations, updating that information.
6. WHAT CHOICES DO YOU HAVE?
You can always opt not to disclose Information to VNUE, but in order to use the VNUE Service (for example, to purchase goods from VNUE as a customer or to make goods available for sale as a Rightsholder), you will have to provide VNUE with Information. If you are unwilling to provide Information, then you cannot use the VNUE Service.
Subject to the terms of the Services Agreement (ADD LINNK), you may request deletion of your VNUE account by contacting VNUE’s customer support email@example.com Please note that some Information may remain in VNUE’s records after deletion of your account. You will be able to opt-out of receiving e-mail notices or solicitations from VNUE or its affiliates by responding to a link included in each e-mail notice or solicitation.
8. SOCIAL MEDIA FEATURES AND TOOLS.
9. LINKS TO OTHER SITES.
The VNUE Service contain links to other sites that are not owned or controlled by VNUE. Please be aware that VNUE is not responsible for the privacy practices of such other sites. VNUE encourages you to be aware when you leave the VNUE Service and to read the privacy statements of each and every website and/or service that collects personally identifiable information. This privacy statement applies only to Information collected by the VNUE Service.
10. ACCESS/DATA RETENTION.
If your Information changes or if you no longer wish to use the VNUE Service, you may correct, update, delete inaccuracies, request deletion or further contact VNUE by updating your account information or by contacting VNUE at (www.vnue.com/contact). VNUE will respond to your access request within 30 days. VNUE will retain your Information for as long as you continue to use the VNUE Service or as necessary to comply with VNUE’s legal obligations, resolve disputes and enforce the TOS.
11. SPECIAL NOTICE REGARDING MINORS.
VNUE does not knowingly collect Personal Information from persons under the age of 13 without parental consent. VNUE requires users of the VNUE Service to specify their age before any Personal Information is collected. If it comes to VNUE’s attention that Personal Information has been collected from a person under the age of 13, VNUE will delete this Information as quickly as possible. If you believe that VNUE may have Personal Information from or about a child under the age of 13, please contact VNUE at www.vnue.com/contact.
13. NOTE TO INTERNATIONAL USERS.
14. CONTACT VNUE.