Privacy

LAST UPDATED: October 3rd, 2011

Artist Arena LLC ("Company," "we," "us") is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below). This Privacy Policy (the "Policy") describes our practices in connection with Personally Identifiable Information that we collect through certain of our web sites, including the site from which you are linking to this Policy (the "Site"). This Policy does not govern our collection of information through any web site, or by any other means, other than through the Site; nor does this Policy govern the collection of information by any of our affiliates (collectively, "Affiliated Entities") or by third parties. To the extent that you submit any Personally Identifiable Information to any third party (for example, via a third-party software application or service that is available through or included in the Site), such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and not by our Policy (in any event, we are not responsible for the information collection, usage and disclosure practices of third parties). 

 

Note Regarding the Use of the Site by Children:  Individuals under the age of 13 are not currently permitted to provide Personally Identifiable Information to the Site.  Please see Section 3, below, for a description of how we use and disclose the Personally Identifiable Information of Site users who, back when the Site had allowed registration by children under the age of 13 with parental consent, were under 13 and were permitted to join the Site.

 

By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

 

The Site is controlled and operated by Company from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personally Identifiable Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States. 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 on their own initiative and 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 Personally Identifiable Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personally Identifiable Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

 

1. What Types of Information Does Company Collect From Me? 

 

Company gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number or other payment account number. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

 

a. Personally Identifiable Information. In order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter, or to access certain parts of the Site, including certain fan club-related functionality and areas that we may make available via the Site), we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us.

 

b. Non-Personally Identifiable Information. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide. 

 

i. 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.

 

ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.

 

iii. Cookies. We and our service providers may use “cookies” on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by most web sites, and can facilitate users' ongoing access to and use of a particular web site; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer. 

 

iv. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened. 

 

v. Flash Local Stored Objects.  We and our service providers may use a third-party technology, called Flash, in connection with the Site or our online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a web site operator or online content provider, or their service providers, to store certain information locally on an individual’s computer; for example, Flash LSOs can be used to store information regarding an individual’s computer. 

 

If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel.  You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).

 

Please note that setting the Flash player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content.

 

vi. Information That You Voluntarily Provide. Company also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Non-PII for purposes of this Policy.

 

2. How Does Company Use Information Collected From Me? 

 

a. Personally Identifiable Information. We may use PII about you in the following ways:

 

i. Fulfillment of Requests. Company may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase). 

 

ii. Administrative Communications. From time to time, in our sole discretion, we may use PII 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.

 

iii. Other Communications. If you affirmatively opt-in to receive marketing messages from Company and the Affiliated Entities, Company and the Affiliated Entities may use PII about you to inform you of 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 4.f (“Opt-Out”) below. 

 

iv. Disclosures to the Artist, Venue and Promoter. One of the reasons we operate the Site is to provide you with news and information about the artist featured on the Site. As such, if you join the fan club, we may share PII about you with such artist and his/her/its representatives and record label (collectively, “Artist”) so that the Artist has information on fan club members and may contact you regarding products, programs, services and promotions that may be of interest to you.  If you purchase tickets through the fan club, we may share PII about you with the venue and/or promoter so that the venue and/or promoter may facilitate your purchase and/or contact you regarding products, programs, services and promotions that may be of interest to you. We do not control, and are not responsible for, the use of PII about you by the Artist, venue or promoter. If you join the fan club but later decide that you would prefer not to receive marketing-related e-mail messages from the Artist, please see the "Opt-Out" section below. If you would like to later opt-out of receiving marketing-related e-mail messages from a venue or promoter, please utilize any opt-out mechanisms set forth in such third parties’ marketing-related e-mail messages and/or privacy policies.

 

v. Third Party Communications. If you affirmatively opt-in to Company sharing PII about you with third parties, including Company’s other partner record labels and artists, for their marketing purposes, we may share PII about you with such 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.

 

vi. Purchases. If purchasing functionality is offered on the Site, we may use third-party payment services, which may be operated by one or more third parties, or operated separately from this Site by Artist Arena (each, a “Payment Service”) to collect payments for purchases made through the Site. If you wish to make a purchase through the Site, you may be directed to a web site or other online service that is separate from this Site and hosted by a Payment Service (each, a “Payment Service Page”) and not by us as part of this Site. Any PII that you provide through a Payment Service Page will be collected by the applicable Payment Service (and not by us as part of this Site), and will be subject to such Payment Service’s privacy policy posted at the Payment Service Page, rather than this Policy. We have no control over, and shall not be responsible for, any Payment Service’s use of information collected through any Payment Service Page. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH ANY PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.

 

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 PII 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 Non-PII, use of such Non-PII is governed by Section 2.b below.

 

vii. E-mails to Friends. We may provide functionality to permit you to send messages regarding Site-related content (such as music clips or artist information) to a friend through the Site. If you wish to use this feature, you may provide us with your friend’s e-mail address so that we can facilitate your sending of such message to your friend. To do so, any PII you provide in connection with sending your friend such message, such as your name and your e-mail address, will, of course, be disclosed to your friend. 

 

viii. Promotions. Company, the Artist or the Affiliated Entities may operate sweepstakes, contests and other promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. We reserve the right to share this PII with third party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion 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 PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.

 

ix. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.

 

x. Third Party Service Providers. We work with third parties (including, in some cases, our Affiliated Entities), who provide services including but not limited to data analysis, order fulfillment and other services of an administrative nature. We reserve the right to share PII 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 your personally identifiable information 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).

 

xi. Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or 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 the 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 the Artist.

 

xii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII 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 those of any Affiliated Entities or our artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, 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 PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

 

b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with Affiliated Entities, the Artist and other third parties, for any purpose.

 

In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above). 

 

3. Our Commitment to Children’s Privacy.

 

The privacy of children is extremely important to us. This section explains how we use and disclose the PII of Site users who, back when the Site had allowed registration by children under the age of 13 with parental consent, were under 13 and were permitted to join the Site (each referred to as a “child” or, collectively, as “children” in this section).  This section also explains the rights parents have with respect to the collection, use and disclosure of their children’s PII.  Please note that all sites that are subject to the Children’s Online Privacy Protection Act of 1998 (“COPPA”) are prohibited from conditioning a child's participation in an online activity on the child's providing more PII than is reasonably necessary for participation in such activity.

 

a. Use of Children’s PII.  We collected children’s username, e-mail address, country and date of birth (along with his/her parent’s or guardian’s name and e-mail address) when the child registered for newsletters or sought to become a Site fan club member.  When a parent or guardian purchased a fan club membership for his/her child, we collected certain PII about the child (such as his/her name and postal address) from the parent or guardian.  We may use children’s PII in the following ways:

 

• To deliver newsletters, if the child has registered for them;

 

• To deliver marketing messages from Company and the Affiliated Entities, if the child has opted into receiving such messages.  A child may opt out of receiving further marketing messages by following the instructions in Section 4.f (“Opt-Out”) below;

 

• To send the child important information regarding the Site (including changes to our terms, conditions, and policies); 

 

• To allow the child to:  (a) create and update a fan club account; (b) manage newsletter and communications subscriptions; (c) send or accept a “friend” request; (d) create a non-publicly available profile, which includes only the child’s user name and site postings; (e) receive a welcome package to the fan club in the mail; (f) participate in promotions; (g) access premium fan-club content; (h) utilize services, such as a forum, that permit him or her to publicly post information and materials, comment on other users’ postings, and reply to other users’ comments; and (i) link content posted on the site to a social networking site, if the child is a registered user of any such social networking site; and

 

• For our internal business purposes, such as data analysis and audits.

 

The child’s parent or guardian may consent to our uses of the child’s PII as described above without consenting to the child’s being able to post on forums, message boards and other similar services, or to be able to interact with another Site user, by emailing us as set forth in the “Parental Rights” description in subsection (d), below.

 

b. Disclosure of Children’s PII.  We may disclose children’s PII in the following ways:

 

• To our third party service providers as set forth in Section 2.a.x, above;

 

• If the child has affirmatively opted into our sharing his or her PII with the Artist, then we may share such information with the Artist, who may contact the child regarding products, programs, services and promotions that may be of interest to him or her; 

 

• 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 those of any Affiliated Entities or our artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, 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 a child’s PII to law enforcement agencies to assist them in identifying individuals who may be engaged in unlawful activities; and 

 

• As set forth in Section 2.a.xi, above (“Assignment”). 

 

c. Collection and Use of Non-PII.  Company may collect Non-PII from children in the manner set forth in Section 1.b, above.  Because Non-PII does not personally identify any child, we may use it for any purpose.  In addition, we reserve the right to share Non-PII with Affiliated Entities and other third parties, for any purpose. If we combine any Non-PII with PII, we will treat the combined information as PII as long as it is so combined.

 

d. Parental Rights.  COPPA provides that children’s parents or guardians can: (1) review a description of the specific types of PII collected from their children; (2) refuse to allow any further use, maintenance in retrievable form or future collection of PII about their children; (3) obtain any PII collected from their children; (4) remove PII collected from their children from our databases; and (5) instruct us to suppress their child’s ability to post on forums, message boards and similar services and/or to interact with other Site users.  To exercise any of these rights, please contact us by sending us an email at privacy@artistarena.com.  Please include the Site name in the subject line of your email.  We may verify a parent’s or guardian’s identity before providing him or her with access to the child’s PII by having the parent or guardian sign and mail or fax a form back to us.

 

4. Other Important Notices Regarding Our Privacy Practices.

 

a. Profiles. We may provide functionality on the Site that allows you to create a “profile page” (your “Profile”) and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII THAT YOU DISCLOSE IN YOUR PROFILE.

 

b. Information Posted on the Site. Company may make available through the Site services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials (including photographs, videos and other content). Please note that any information or materials that you disclose through such services or otherwise on the Site becomes public information, and may be available to Site visitors and to the general public; moreover, such information and materials, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), may be available for other users to view.   Further, please note that, pursuant to the Terms of Use applicable to the Site, we retain certain rights in the information or materials that you post on the Site, and we may use and/or disclose such information or materials (including any PII included therein, if any) in accordance with the terms and conditions of our Terms of Use. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE. 

 

c. Third Party Sites. The Site may contain links to third party web sites. These linked sites (including without limitation the web sites of Affiliated Entities) are not under Company's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of, or our affiliation with any provider of, the linked site by Company, the Artist or any Affiliated Entities. If you provide any PII through any such third party web site, your transaction will occur on such third party's web site (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.

 

d. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including your name, address, email address or telephone number) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.doubleclick.net/us/corporate/privacy or http://networkadvertising.org/optout_nonppii.asp.

 

e. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. We also seek to strike a balance between the security of your data and your convenience. We do this because we believe that our customers attach value to both. As a result, we will often use a method of communication that is less secure than other, less convenient alternatives. For example, certain data you send us, including PII, may be sent to us in unencrypted form. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 4.g ("Contacting Us,") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

 

f. Opt-Out. 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 or such Affiliated Entity, respectively. 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, the Artist or the Affiliated Entities).

 

Additionally, if you would like to opt-out of receiving marketing-related e-mail messages from the Artist or other third parties with whom we have shared PII about you hereunder, please utilize any opt-out mechanisms set forth in such third parties’ or Artist’s marketing-related e-mail messages and/or privacy policies, if any.

 

g. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at privacy@artistarena.com, or please write to the following address:

 

 

Artist Arena

853 Broadway

3rd Floor

New York, NY 10003

 

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 e-mail correspondence with us.