SUMMARY
The following privacy policy sets forth the way in which personal information or other information you provide in connection with the Services specified in the terms and conditions of use (“Terms”) (found at http://www.indieonthemove.com/terms-and-conditions) will be used by us. The words “user,” “you” and “your” as used in this agreement refer to users of the Site, and if you are under the age of 18, “you” and “your” also includes your parents or legal guardians. “We” and “us” refers to Indie On The Move LLC. “Personal information,” as used in this policy, is information that allows a person to directly identify an individual, such as name or email address, and information that is combined directly with such identifying information.
REGISTERED MEMBERSHIP
In order to use the Services, we require that users submit personal information (e.g. full name, e-mail address, country of residence, age). We expressly acknowledge that the submission of personal information does not constitute consent for us to share this information with third parties. All such personal information is collected for the purpose of providing our users access to the Services registered user features. We do not require a user to disclose more information than is reasonably necessary to use these features. We will collect information about you when you register to post messages on one of our discussion forums, when you register to use the Services, when you transmit information to us via our Services (including, without limitation, by email), when you participate in one of our promotions, and when you otherwise use our Services. By doing any of the foregoing, you consent to this policy. If you do not agree with the terms of this policy, please do not engage in any of these activities.
Once registered, users can use all of the features provided on the Services. Personal information provided by registered members, namely the member’s user name and e-mail address, will not be shared with third parties. However, we may permit a user to log in to our Services using credentials on selected third-party services and from other methods that we may allow from time to time (including, for example, by logging in using credentials established with us directly). By logging in to our Services using third-party service, you permit us and the Services to connect to such third party and to access and use all information related to your account with such third party that is made available to us by the third party. If you allow our Services to connect with a third-party service, you will be able to use your third-party service login information to log in to our Services, and we will publish certain of your activities on the Services, and certain of the information you provide to the Services, to your profile and/or wall or other presence(s) on such third-party service. If you no longer want the Services to publish stories about you on a third-party service that you have permitted us to connect with, or want to otherwise limit the ways in which the Services interact with your account on any such third-party service, you should review and, if appropriate, modify your privacy settings on the third-party service.
INFORMATION WE COLLECT
Although our Services may be accessed by children under the age of 16, we will not knowingly collect, maintain or use any personal information from such children, and no part of our Services are directed to persons under the age of 16. In fact, you must be at least 18 years of age to set up an account with us. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER. If we become aware that we have collected any personal information from children under 16, we will promptly delete such information from our databases. If you are a parent or guardian and discover that your child under the age of 16 has obtained an Indie On The Move LLC account, then you may alert us at privacy@indieonthemove.com and request that we delete that child’s personal information from our systems.
We will not share your personal information with third parties except as provided in this policy. We may collect personal information from you that may include your name, age, e-mail address, and other information. In addition, we may also collect and store any other personal information and other data you have provided to us via our Services, by email or otherwise. For example, if you are a band or artist, or an administrator for a band or artist, you may upload photos using our photo upload tools, provide us with biographical and tour information, upload songs or videos, or create links to songs and videos hosted on third-party services on your band’s or artist’s profile on the Services. If you upload photos, we collect such photos as well as any data you provide in connection with those photos. If you provide us with biographical or tour information, we collect that information. If you upload songs or videos, we collect such songs and videos and any related data you provide to us. If you include links to songs or videos on your band’s or artist’s profile on the Services, we collect any data you provide in connection with those songs and videos. If you are a user, you may be able to RSVP for bands’ or artists’ shows. If you request to sign up for a band or artist’s mailing list, we may request your name, age, email address, and location.
We use the information we obtain about you from third-party services, or that you otherwise provide to us, to respond to any inquiries you may submit to us, to track and monitor usage of our Services and to communicate with you about your account and your use of our Services. We may also use this information to send you periodic publications associated with Indie On The Move LLC, unless you inform us that you opt out from receiving such communications via email. We also use this information to operate our Services; for example, to facilitate postings on interactive areas of our Services. We also use this information, along with other information we collect about you, for targeted advertising and other marketing purposes. We may further use this information: (i) for the purposes for which you specifically provided the information, (ii) to send you e-mails relating to the Services or Indie On The Move LLC (unless you have opted out of receiving such e-mail), (iii) to enhance existing features or develop new features, products and services, and (iv) to provide advertisers and other third parties with aggregate non-personally identifiable information about the Services’ user base and usage patterns.
We may receive information about you, including personal information, from third parties, and may combine this information with other personal information we maintain about you. If we do so, the provisions of this policy pertaining to our use and disclosure of personal information will govern our handling of any combined information that we maintain in personally identifiable format.
We may collect or create data about users of the Services that has been aggregated with other similar data, or from which personal information otherwise has been removed. For example we may use the information that we collect as described below under “Cookies,” in aggregate format to prepare anonymous statistics regarding the use of our Services. We may use and disclose this non-personally identifiable data for various purposes, but will do so in an aggregated manner or otherwise in a way that does not identify our users personally. Otherwise, if we use or disclose this data in a manner that identifies you personally, we use and disclose it in accordance with those provisions of this policy describing our use and disclosure of personal information.
PAYMENT INFORMATION
For users that purchase our premium account services or otherwise place transactions through our Services, payments, including collect credit card or other payment information (including, for example, the credit card number and expiration date, verification code (CVV code), and the user’s name, billing address, email address, and telephone number), are transmitted to our third party payment processor during order processing. We use third party payment processors who are payment card industry (“PCI”) compliant. By using the Services and submitting payment information, you acknowledge that we are not liable for any misuse of your credit card information, including in the event such information is stolen or otherwise misappropriated by any third party, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any misuse or misappropriation of your credit card information. For more information regarding our third party payment processor, please contact us at privacy@indieonthemove.com.
COMMENTS
When you post a comment or any other information, you may be making public any information that you provide including your name, location and e-mail address.
COOKIES
We may collect and store information that is generated automatically as you use our Services. We use cookies to collect this information. “Cookies” are files that your web browser saves to your computer’s hard drive when you visit a website. These files contain information that allows websites to “remember” user activities on a website and user visits to a site, and may include storage of user preferences, user ID and password, if applicable. Indie On The Move LLC uses cookies to uniquely and anonymously identify the user. No personal information is stored in the cookie. These cookies cannot damage a user’s files, and cannot read information from a user’s hard drive. You can turn off the “cookie” function through most standard browsers; however, the majority of the features on our Services may not function properly, including but not limited to, the login function, if the ability to accept cookies is disabled.
In addition, when you use our Services, our system may automatically collect certain information. For example, when you visit our Site or other portions of our Services, our system may automatically collect information such as your web or content request, your other actions on the Services (e.g., adding a track as a favorite), Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, number of clicks, landing pages, pages viewed and the order of these page views, the amount of time spent on particular pages, the date and time of your request, and the unique identity of your browser. This information is used to analyze trends, administer our Services, improve the design of our Services, track user movement, customize certain content or features on the Services, and otherwise enhance the services we provide. Additionally, we may retain, use, and disclose certain of this information in a manner combined with your email address or other personal information that we maintain about you. If we do so, we will treat any such information that is combined with personal information in accordance with the provisions of this policy pertaining to our use and disclosure of personal information.
LINKS
The Site may contain links to other websites. Indie On The Move LLC is not responsible for the privacy practices of such other websites. You should read the privacy policies of all websites that are linked to the Site.
SHARING OR DISCLOSURE OF INFORMATION
If you join as an administrator for an artist or a band, you may, at your option, choose to input various types of information regarding the artist or band, such as, for example, a contact email address, a URL for a website for the artist or band, a telephone number, a biography for that band or artist, photographs (and data associated with such photographs), songs, videos, and links to songs and videos on third-party services (and data associated with such songs and videos), songs and other audio files, tour dates, links to where fans can purchase tickets, information regarding products or services you may place for sale using any e-commerce functionality we make available on the Services, and other information regarding your band’s or artist’s shows. This information will be displayed on your Indie On The Move LLC page on all areas of the Services. If you elect to join the mailing list for an artist or band, if available, we will provide the artist or band, or its management, your name, age, email address, and location. Once we provide an artist or band, or its management, with this information, it will be used and disclosed by that artist or band, or its management, in accordance with its own privacy practices and policies.
Additionally, we will disclose your personal information if you have explicitly agreed that we may do so. For example, we will disclose personal information where you have elected to connect your account on to a third-party service or have elected to have your activity published to a third-party service. To control the information that your share, you should review and, if appropriate, modify your privacy settings on the third-party service. We may provide your personal information to third parties for their use in performing internal business functions (e.g., payment processing, data analysis, email transmission, or data hosting) on our behalf. Some third-party service providers may also collect information, including personal information, on our behalf. In our agreements with these third-party service providers, we require them to agree to maintain the confidentiality, security, and integrity of such personal information and to use it only for the purpose of providing their services to us.
We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise our legal rights, or to defend against legal claims. We reserve the right to disclose information about you, including data on which pages you have visited and other information regarding your use of the Services, to third parties if we feel it is necessary to protect our systems, website, business, users or others. In addition, information about you in our possession may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of Indie On The Move LLC. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.
TRANSFER OF INFORMATION
Your information may be stored and processed in the United States or any other country where Indie On The Move LLC maintains its servers, where privacy laws may not be as protective as in your home country. By using the Services, you consent to the transfer, storage, use and disclosure of information in the United States and/or to any other country selected by us.
OPT OUT; CORRECTIONS
As noted, once you register with us, we may send you administrative-related emails, as well as emails to facilitate your access to our Services, including providing you with related updates. We provide you with the opportunity to elect not to receive these types of communications, including emails informing you about our Services and other offerings that we think will interest you. If you want to stop receiving these communications, click on the “Unsubscribe” link in any such email, or contact us via email at privacy@indieonthemove.com.
You may modify or remove any of the personal information contained in your account/profile at any time by logging into your account and accessing applicable account settings and/or profile details to do so.
SEVERABILITY
If any provision of this Privacy Policy is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
SECURITY
Indie On The Move LLC has taken steps to ensure that personal information collected is secure, including instituting an electronic security systems and password protection to guard against unauthorized access. Unfortunately, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive personal information from you, we use commercially reasonable safeguards to ensure its security on our systems but we do not accept liability for unintentional disclosure.
This policy is subject to change. We will notify you of material changes by posting them on this page. We encourage you to check back and review this policy periodically so that you will always know what information we collect, how we use it, and to whom we disclose it.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 allows users who are California residents to request information about the disclosure of their personal information to third parties for direct marketing purposes. To make such a request, please contact us at Indie On The Move LLC, privacy@indieonthemove.com.
PROMOTIONS
From time to time, we or one of our partners may sponsor a promotion, sweepstake or contest on our Site. You may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
ADVERTISING
We use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
GOVERNING LAW
This policy and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New York and applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the state or federal courts located in the State of New York, County of New York. If you are accessing our Services from any region with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of our Service, which is governed by the laws of the State of New York and the United States of America, this policy and our Terms of Use (available here and/or at http://www.indieonthemove.com/terms-and-conditions), you are transferring personal information to the United States of America and you consent to that transfer and to the processing of such personal information in the United States of America.