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Privacy Policy
This Privacy Policy is effective as of and was last updated on December 5, 2016
1. General.
This privacy policy (this “Privacy Policy”) is designed to inform you about the type of information that OUTmusic Inc. (“we,” “us,” or “our”) may gather or collect from you in connection with your use of this site located at www.OMTVN.com (this “Site”). It also explains the conditions under which we use and disclose that information, and your rights in relation to that information.
The procedures for modifying or changing this Privacy Policy in the future are discussed in Section 6 of this document.
2. Children.
This Site is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.
3. Gathering, Use and Disclosure of Non-Personally-Identifying Information. We collect both Non-Personally-Identifying Information and Personally-Identifying Information from you. “Non–Personally–Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. “Personally–Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
A. Gathering Non-Personally-Identifying Information.
(i) Web Browsers.
Like most site operators, we gather Non-Personally-Identifying Information from you of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol (“IP”) address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving this Site.
(ii) Google Analytics.
Visitors to this website who have javascript enabled are tracked using Google Analytics. Google Analytics collects the following types of information from users:
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Type of user agent (web browser) used, software manufacture and version number.
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Type of operating system
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Screen colors (color processing ability of the users screen)
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Javascript support
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Flash version
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Screen resolution
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Network location and IP address
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Can include country, city, state, region, county, or any other geographic data.
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Hostname
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Bandwidth (internet connection speed)
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Time of visit
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Pages visited
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Time spent on each page of the website
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Referring site statistics
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The website (URI) the user came through in order to arrive at this website (example: clicking on a hyperlink from Yahoo.com that took the user to this website) Search engine query used (example: typing in a phrase into a search engine like Google, and clicking on a link from that search engine)
This data is primarily used to optimize our website for our visitors, however we will use this data for marketing purposes. An example of how this data could be used for marketing purposes would be to tell potential advertisers how many visitors we get to the website, where our visitors come from, and how they arrive at our website.
Google Analytics data is shared with Google. For more information on Google's Privacy Policies, visit: http://www.google.com/privacypolicy.html
This data DOES NOT include any personalized identification information such as:
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Names
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Phone Numbers
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Email Addresses
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Mailing Addresses
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Social Security Numbers
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Bank Account Numbers
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Credit Card Information
(iii) Web Cookies.
A “Web Cookie” is a string of information that a site stores on your computer, and your browser provides to this Site, each time you submit a query to this Site. We may use Web Cookies to track the pages that you visit during each Site session, both to help us improve your experience and to help us understand how this Site is being used.
IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
(iviii) Web Beacons.
A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of this Site and in emails we send to you.
You may not decline Web Beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
(iv) Third Parties’ Use of Web Beacons and Web Cookies.
This Site may include third-party advertising, links to other sites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use Web Beacons and Web Cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective sites to this Site, but this third party technology does not permit them to access your Personal Information.
We do not have access to or control over Web Beacons or Web Cookies that these third parties may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Privacy Policy but are covered by their respective privacy policies as is described in more detail in Section 5 below.
Some third party advertising companies may provide a mechanism to opt-out of their technology. For more information about these partners and links to their privacy policies, please view each third party’s site.
B. Use of Non-Personally-Identifying Information.
We analyze Non–Personally–Identifying Information gathered from users of this Site to help us better understand how this Site is being used. By identifying patterns and trends in usage, we are able to better design this Site to improve your experiences, both in terms of content and ease of use. We link information gathered using Non-Personally-Identifying Information to Personally-Identifying Information.
C. Disclosure of Non-Personally-Identifying Information.
From time to time, we may also release the Non–Personally–Identifying Information gathered from Site users in the aggregate, such as by publishing a report on trends in the usage of this Site.
4. Collection, Use and Disclosure of Personally–Identifying Information.
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. We will only collect Personally-Identifying Information that you knowingly submit to us. We will not disclose your Personally-Identifying Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:
A. Collecting Personally-Identifying Information from Site Users
i. Registration and Other Information Provided to Us.
When you register with this Site, you may be asked to disclose Personally–Identifying Information. You may also choose to submit Personally-Identifying Information to us when you send us an email or use any interactive features and services that we may make available from time to time on this Site.
ii. Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms or Similar Locations.
You may post Personally-Identifying Information on areas of this Site that may be viewed by other users or the public, although we recommend that you do not do so. We urge you to use good judgment and not post Personally-Identifying Information that you do not want other users to know.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
B. Use of Personally-Identifying Information
We may use the Personally-Identifiable Information that you submit for any purposes related to our business.
C. Disclosure of Personally-Identifying Information
As described in Section 4(A) (“Collecting Personally–Identifying Information from Site Users”), users may, at their option, disclose their own Personally-Identifying Information by any means they choose. We will disclose Personally-Identifying Information in the following circumstances:
i. DMCA Infringement Notifications, Counter Notices, Notices of Violations of Site Terms of Service and Other Communications Directed to Us.
By submitting a Digital Millennium Copyright Act (“DMCA”) Infringement Notification, Counter Notice or other communication (including communications about content stored on or transmitted through this Site), you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communications in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications and Counter Notices, upon request, we will edit out your name and contact information. However, DMCA Infringement Notifications and Counter Notices (including any Personally-Identifiable Information set forth in the notifications) will be forwarded as submitted to us without any deletions.
ii. Surveys.
From time to time, we may also ask you to participate in surveys for our general business and marketing purposes. Any Personally-Identifying Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
iii. Contests, Giveaways and other Promotions.
From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personally-Identifying Information at the time you sign up for the promotion. You will not be required to participate in any promotion.
iv. Employees, Third-Party Processors and Third-Party Service Providers.
We will disclose Personally-Identifying Information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personally-Identifying Information on our behalf, participate with us in the provision or operation of this Site or provide you with services.
v. By Law, to Protect Rights and to Comply with Our Policies.
We disclose Personally-Identifying information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
vi. Business Transfers; Bankruptcy.
We reserve the right to transfer all Personally-Identifying Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.
vii. Marketing Communications.
We will email you about products and services that we believe may be of interest to you.
5. Collection and Use of Information by Third Parties.
Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that you provide directly to those third parties or that those third parties collect for themselves. We do not control the third-party sites that may be accessible through this Site, including without limitation third party sites that may be “co-branded” with our logos such
as outmusicfoundation.org, outmusicawards.com, theLARA.org or omtvn.com. Thus, this Privacy Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site, whether by means of a link on this Site or otherwise, and before providing any Personally-Identifying Information to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site, and should take those steps necessary to your discretion, to protect your privacy.
6. Privacy Policy Changes.
Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Policy from time to time. We will alert you by email if this policy is revised (if you have given us your email address), and we will post a copy of the new policy with its effective date on this Site. It is therefore important that you register with the site and notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes.
7. European Safe Harbor Privacy Policy for Data Transfers from the European Union
We abide by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the Department of Commerce on July 21, 2000. This section sets forth the privacy principles that we follow with respect to transfers of Personally-Identifying Information from the European Economic Area (“EEA”) to the United States.
A. Notice
We will inform you about the purposes for which we collect and use your Personally-Identifying Information, the third parties to whom we disclose your Personally-Identifying Information, and the choices and means, if any, we offer you for limiting the use and disclosure of your Personally-Identifying Information. We will provide you with notice of such practices in clear and conspicuous language when you are first asked to provide Personally-Identifying Information to us, or as soon as practicable thereafter, and in any event before: (i) we use your Personally-Identifiable Information for a purpose other than that for which it was originally collected; (ii) your Personally-Identifiable Information is processed by a transferring organization; or (iii) we disclose your Personally-Identifying Information for the first time to a third party. As discussed in this Privacy Policy, we will disclose your Personally-Identifying Information as described in Section 4 (“Collection, Use and Disclosure of Personally–Identifying Information”).
B. Choice
Users located in the EEA may direct us not to disclose their Personally-Identifying Information to third parties (other than our service providers). We do not use Personally-Identifying Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
Notwithstanding the foregoing, we may disclose Personally-Identifying Information without offering individuals the opportunity to opt out for the reasons described in more detail in Sections 4(C)(v) (“By Law, to Protect Rights and to Comply with Our Policies”) and 4(C)(vi) (“Business Transfers; Bankruptcy”) above.
C. Data Integrity
We will use Personally-Identifying Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you as set forth in this Privacy Policy. We will take reasonable steps to ensure that Personally-Identifying Information is relevant to its intended use, accurate, complete, and current.
D. Onward Transfer
We may share Personally-Identifying Information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personally-Identifying Information as is required by the relevant Safe Harbor principles.
E. Security
We maintain reasonable administrative, technical and physical safeguards to protect Personally-Identifying Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
F. Access
Upon request, we will grant individuals reasonable access to Personally-Identifying Information that we hold about them for the purpose of correcting, amending, or deleting such Personally-Identifiable Information where it is inaccurate; provided, however, that we reserve the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to your privacy or in the case of a vexatious or fraudulent request. If you wish to access or amend your Personally-Identifying Information , please contact us. Any of our employees who wishes to review or update their Personally-Identifying Information can do so by contacting our Executive Staff.
G. Enforcement
If we become aware that the security of the Site has been compromised or your Personally- Identifiable Information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.
If we become aware that your Personally-Identifiable Information has been disclosed in a manner not permitted by this Privacy Policy, we will make reasonable efforts to notify you, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that we know this information.
We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580