Privacy

LAST UPDATED: June 23, 2010

Privacy Policy

Artist Arena LLC (“Artist Arena”) and Island Def Jam Records (“Label”) (Artist Arena and Label, collectively, "Company," "we," "us") are concerned about online privacy issues and want 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 our web site located at www.bieberfever.com (the "Site"). This Policy does not govern our collection of information through any other 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 respective 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). Notwithstanding anything herein to the contrary, (i) Artist Arena is not responsible or liable for Label’s compliance with this Policy, and (ii) Label is not responsible or liable for Artist Arena’s compliance with this Policy, and each entity and its respective Affiliated Entities expressly disclaim any liability for the other entity’s collection, use and disclosure of Personally Identifiable Information.

For information on the collection, use and disclosure of Personally Identifiable Information from children under the age of thirteen (13), please see Section 3 of this Policy. Please note that, in some cases and in some countries, we reserve the right in our sole discretion not to collect Personally Identifiable Information from children.

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 three basic types of information through the Site: "Personally Identifiable Information" (or "PII"), "Non-Personally Identifiable Information" (or "Non-PII") and “IP Addresses”. Personally Identifiable Information is information that identifies you as an individual, such as 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 and any other information that does not reveal your specific identity. An IP Address is the Internet Protocol address of the computer that you are using.

a. Personally Identifiable Information. You do not have to provide PII to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter or to view certain areas of 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 four different sources: environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.

ii. Environmental Variables. We and our service providers may collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, operating system 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. 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.

c. IP Addresses. Your 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 users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.

2. How Does Company Use Information Collected From Me?

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

i. Fulfillment of Requests. Company may use your PII to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you, provide you with your welcome package to the fan club and/or fulfill your purchase).

ii. Administrative Communications. From time to time, in our sole discretion, we may use your PII 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. Disclosures to Affiliated Entities. We may provide your PII to Label’s Affiliated Entities, so that they may use such PII for the purposes described in this Policy. Label is the party responsible for the management of the jointly-used PII with respect to Label’s Affiliated Entities.

iv. Other Communications. If you affirmatively opt-in to receive marketing messages from Company and the Affiliated Entities, Company and the Affiliated Entities may use your PII to inform you of any artists, 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 from us, please see the "Opt-Out" section below.

v. Third Party Communications. If you affirmatively opt-in to Company sharing your PII with third parties for their marketing purposes, we may share your PII with 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 subsequently change your mind and do not want us to share your PII with third parties for their marketing purposes, please see the "Opt-Out" section below.

vi. Disclosures to Artists. One of the reasons we operate the Site is to provide you with news and information about Label and Justin Bieber. As such, if you affirmatively opt-in to Company sharing PII about you with Justin Bieber and/or other recording artists affiliated with Label and/or Artist Arena, respectively, may share PII about you with such artist (for the purpose of clarification, if any such artist is a band, we may share PII with each and every member of such band) and their representatives (collectively, “Artist(s)”) so that such Artists have information on users of the Site, and such Artists may use this information to contact you regarding products, programs, services and promotions that such Artists believe may be of interest to you. Although we seek to have Artists agree to abide by this Policy, we do not control, and are not responsible for, Artists’ use of your PII. If you subsequently change your mind and decide that you no longer wish to receive marketing-related e-mail messages from Artist(s), please see the "Opt-Out" section below.

vii. 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, 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.

viii. 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.

ix. Promotions; Surveys. Company, Artist(s) or the Affiliated Entities may operate sweepstakes, contests and other promotions (collectively, "Promotions") through the Site. In addition, we, Artist(s) or the Affiliated Entities may conduct surveys or polls through the Site or ask for your responses to questionnaires that we make available through the Site (such surveys, polls and questionnaires, collectively, “Surveys”). We typically ask you for certain PII when you enter and, if applicable, win a Promotion, and when you participate in a Survey. We reserve the right to share PII that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey. You should carefully review the rules, if any, of each Promotion and Survey 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 your PII. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Policy, the terms and conditions of such rules shall control.

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

xi. 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 and collection, hosting, order fulfillment, customer service, troubleshooting and other services of an administrative nature. We reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy a fan club membership from us, we may share your PII with a credit card processor, so that your credit card can be processed, and if you choose to receive a newsletter from us, your PII will be shared with our newsletter fulfillment service provider).

xii. 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 any 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 such Artist.

xiii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your PII 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 artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, 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 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).

c. IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site. We may also use and disclose IP Addresses for all the purposes set forth in Section 2(a) above. Please note that we treat IP Addresses, server log files and related information as Non-PII, except where we are required to do otherwise under applicable law.

3. Our Commitment to Children’s Privacy.

The privacy of children is extremely important to us. This section of the Policy explains how we collect, use and disclose PII of children under the age of thirteen (13), and explains what 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. References to “child” or “children” refer to children under the age of thirteen (13).

a. Collection and Use of PII. Children may access some content on the Site without providing any PII. However, to access certain Site features or to participate in certain activities through the Site (as set forth below), children may be required to provide PII. We may collect and use PII from children in the following ways:

i. Newsletters. To register for newsletters, a child must provide his or her username, e-mail address, country and date of birth and provide his or her parent’s or guardian’s name and e-mail address. Company will then e-mail the parent or guardian to confirm that the parent wishes to allow this collection and use of the child’s PII. Once the parent or guardian consents, Company will use the PII collected from the child to send the child newsletters and important information regarding the Site (including changes to our terms, conditions, and policies). We may provide the PII collected from the child to our third party service providers as set forth in Section 2.a.xi. If the parent or guardian does not consent to our use of the child’s PII, we will not use it and will use commercially reasonable efforts to delete it after thirty (30) days of sending the email seeking consent.

ii. Fan Club Registration, Promotions, Accounts, Profiles and Forums. Children may also wish to register for the fan club, register to participate in Promotions (as defined in Section 2.a above), register for an account and create a non-publicly available Profile (as defined below), access premium content, utilize services (for example, message boards, chat functionality and blogs, among other services) to which they are able to publicly post information and materials or participate in other activities that may involve the collection of PII. Before any child may participate in such activities, a child must first complete the registration process for newsletters, as described in subsection (i) above. Once the child has provided the information noted above, Company will ask the child to get a parent or guardian, so that the parent or guardian can read the parental notice. If the parent or guardian then wishes to give consent to the use of the child’s information for the activities described above, he or she must both (A) click on the link in the email as described in subsection (i) above, as well as (B) enter his or her credit card information to purchase a fan club membership and to provide us with verifiable parental consent with respect to our use of the child’s information in accordance with the notice and this Policy. The credit card information will be retained by us as evidence that we received verifiable consent from a child’s parent or guardian. When we collect credit card information for verifiable parental consent, we collect PII about the child from the parent, such as the child’s name and postal address. We may use the child’s PII to allow him or her to (a) create a fan club account and a non-publicly available Profile on the Site; “friend” and interact with other users on the Site and the fan club; (b) receive a welcome package to the fan club in the mail; (c) participate in Promotions; (d) access premium fan-club content; (e) utilize services to which he or she is able to publicly post information and materials; (f) receive information regarding products, programs, services and promotions that we believe may be of interest to the child; and/or (g) upload a photo to his or her profile. If the child does not wish to receive marketing communications from us, he or she may opt-out of receiving such marketing communications from us (see the "Opt-Out" section below). We may also use the PII collected from the child for our internal business purposes, such as data analysis, audits and so forth. Additionally, please note that we may provide the child’s PII to our third party service providers as set forth in Section 2.a.x. The parent or the guardian can also consent to Company’s use of the child’s PII as described above without consenting to the child 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 below in the “Parental Rights” section in subsection (c).

iii. One Time Requests and Legal Disclosures. Please note that we may respond to a child’s one-time request (for example, if your child sends a question to us by e-mail) without asking for consent from the child’s parent or guardian. Please note that we will delete the child’s PII once we respond to such one-time request. Additionally, notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose a child’s PII 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 Artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, 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 a child to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

b. 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 such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify any child, with Affiliated Entities and other third parties, for any purpose. However, please note that if we combine any Non-PII with PII, the combined information will be treated as PII as long as it is so combined.

c. Parental Rights. COPPA provides that parents or guardians of children 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@bieberfever.com. Please note that we may need to verify a parent’s or guardian’s identity before providing the parent or guardian with access to the child’s PII by having the parent or guardian sign and mail or fax a form back to Company.

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, such as your name, gender, location, picture, birthday hobbies, information about your likes and dislikes and other information about you. 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 your PII, 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 by Visitors. 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 your PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PII THAT 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, Artist(s) 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. 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 your PII, 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 your PII 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 3.h ("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).

e. Opt-Out. If you change your mind, and no longer wish to receive marketing-related e-mails from us on a going-forward basis, or if you would prefer that we do not share your Personal Information on a going-forward basis with third parties for their own marketing purposes, you may opt-out of receiving such e-mails and from such sharing by contacting the Company at privacy@bieberfever.com or by deleting your account.

We will endeavor to comply with your requests as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove PII about you from the databases of our affiliates, Artists or third parties with which we have already shared PII about you (i.e., to which we have already provided PII about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related e-mails from such affiliates, Artists or third parties, please contact such affiliates, Artists or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related e-mails.

f. Changing or Suppressing PII. If you would like to access, review, correct, update, suppress or otherwise limit our use of the PII about you that has been previously provided to us, you may contact us at privacy@bieberfever. For your protection, we will only implement such requests with respect to the PII associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.

In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have your PII suppressed from our database or clearly indicate the limitations you wish to put on our use of your PII. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your PII, or limiting their use of your PII.

g. Retention Period. We will retain your PII for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law.

h. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at privacy@bieberfever.com, by phone at 212-420-1700, or please write to the following address:

Bieber Fever
c/o Artist Arena
853 Broadway, 3rd
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.