PRIVACY POLICY

INDIESHARK, its partners, contributors and licencors (collectively, “IS”) developed this website to be your destination for the music community (“IS Site”). This IS privacy policy (“Privacy Policy”) was developed to help you understand more about IS’s privacy practices, and de

scribes the collection, use, and disclosure of various information IS may collect from you. By accessing and using the IS Site, you acknowledge and agree to the following:

DEFINITIONS

“Financial Information” means information relating to payments and billing (e.g. name, account information, billing address) provided in connection with your use of IS Site. All Financial Information

collected is for billing and payment purposes only and may be protected and administered by IS and/or IS’s authorized third party partners.

“Non-Personal Information” means information that, by itself, does not specifically identify you (e.g. demographic information or usage data).

“Personal Information” means specific identifiable information about you (e.g. name, mailing address, e-mail address or phone number).

WHAT INFORMATION IS COLLECTED?

Information You Provide. IS may receive and store Personal Information, Financial Information and/or Non-Personal Information that you provide during the use of the IS Site. Sometimes, you will have a choice whether or not to provide information, but if you fail to provide certain information it could make some features and/or functionality of the IS Site unavailable. IS will use information you provide to respond to your requests, communicate with you, and to improve the IS Site. Here are some examples:

a) User Data. “User Data” is the information you provide when creating an account (“User Account”) and may include your name e-mail address, physical address, payment information, phone number and password.

b) E-mail Communications. IS may use your Personal Information to send e-mails periodically describing promotions, events or changes relating to the IS Site. You may opt-out of receiving promotional e-mails by following the instructions in the relevant correspondence. Once IS has processed your opt-out request, IS will not send you further promotional e-mails unless you opt back in to receiving such communications. Whether you opt out of receiving promotional e-mails or not, IS reserves the right to communicate with you via e-mail with respect to important information relating to the IS Site, its Terms of Use or this Privacy Policy.

c) Other Information. You may provide information whenever you interact with the IS Site including when you search, upload, organize, create, buy, post, participate in a contests, surveys or questionnaire, update information in your User Account or communicate with IS by phone, e-mail, or otherwise. With any of these actions, you might supply IS with information such as your name, address, phone number, and in some cases, Financial Information.

Information Collected Automatically or Through Technology. While you are able to use the IS Site and remain anonymous, IS and/or its third party service providers and partners may collect Non-Personal Information through technological means. Such information may be gathered by the following methods:

a) Cookies. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive which work by assigning to your computer a unique number that has no meaning outside of the IS Site. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, because cookies enable you to take advantage of some of the IS Site features, IS recommends that you leave them turned on or you may not have access or use of such features.

b) Metadata. Metadata is data collected and used by IS to facilitate the understanding, characteristics, and management of data arising out of or relating to the IS Site, to facilitate and monitor system usage and, in certain instances, for fraud prevention and other services. Some examples of information and metadata that IS may collect and analyze include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet, computer and connection information (such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), IS Site usage history (which IS may use to create new and improved features for the IS Site), the full Uniform Resource Locator (URL) click sequence to, through, and from the IS Site, including date and time; cookie number; and any products, services or features you use or interact with arising out of or in connection with your use of the IS Site.

c) Information from Other Sources. IS might receive information about you from IS third party service providers, or other sources such as purchase or redemption information, Is Service usage, payment information, reporting information page-view information, technical, fulfillment, advertising, search information and credit history information.

HOW INFORMATION IS USED, SHARED AND DISCLOSED?

IS uses Personal, Non-Personal and Financial Information, among other things, to analyze and monitor system performance, analyze internal business systems, improve the IS Site, fulfill requests for additional products and services, contact you, and conduct research. The use and protection of information from users of the IS Site is an important component of IS’s business. Except as otherwise as set forth in this section, IS will use reasonable efforts to provide you with notice when your information might be provided to third parties and you will have an opportunity to choose not to share the information in many cases. Examples of how IS shares and discloses your information is as follows:

a) Legal. IS will use information to respond to subpoenas, court orders, other facets of the legal process or to establish/exercise IS’s legal rights or defend against legal claims. IS will share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of IS’s Terms Of Service or as otherwise required by law.

b) Business Transfers. As IS continues to develop its business and products and may reorganize as a business entity, acquire entities, subsidiaries, or business units, or enter into joint ventures with third parties. In any of these types of transactions, your information may be one of the transferred business assets but will remain subject to any pre-existing IS Privacy Policy (unless you consent otherwise). In the event that all or substantially all of IS’s assets are acquired or IS merges with a third party, your information will likely be one of the transferred assets. You understand and agree that Is reserves the right to transfer any information collected from you in the case of any such transfer. In such event, IS will use reasonable efforts to notify you before Personal Information about you is transferred and becomes subject to a different privacy policy.

c) Affiliated Businesses We Do Not Control. IS may develop products, provide services, or sell product lines jointly with third party businesses, and in these cases IS may share your information related to those transactions with such third party. In other situations, IS might use third-party companies and individuals to perform functions on our behalf. Examples include processing payments, hosting, data storage, sending postal mail and e-mail, analyzing data, providing marketing assistance and providing search results and links (including paid listings and links). IS will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes. IS shares information only as described above and third parties that are either subject to this Privacy Policy or to a privacy policy at least as protective as this Privacy Policy.

d) With Your Consent. In other situations, if you provide consent with respect to the use and/or sharing of your information, IS will do so in accordance with the particular circumstances.

SECURITY

While no security system is completely secure, IS takes appropriate security measures to protect against unauthorized access or disclosure of the information it collects; this includes, but not limited to, ensuring that all Personal and Financial Information is disclosed only on a “need to know” basis and stored in physically secured environments. Additionally, all Personal and Financial Information collected by IS is done so via secured connections and protected and encrypted by industrial grade security software to guard against unauthorized access.

Despite IS’s efforts, you also play an important role in protecting against unauthorized access to your account information, password and computer. IS recommends that you always log out of your account if you leave your computer unattended and/or are using a shared computer.

ADVERTISING

IS may utilize advertising and advertising-relating features and promotions in the IS Site. Such advertising and advertising services may contain cookies that recognize your computer each time you receive an online advertisement. In this way, ad servers may compile information about where you (or others who are using your computer) saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. IS will not provide any Personally Identifiable Information or Financial Information to these advertisers or third-party websites. This Privacy Policy does not cover the use of cookies by any advertisers, and IS encourages you to review the applicable advertiser’s website for their privacy policy. IS may also display personalized third-party advertising based on your personal information, such as use of the IS Sites.

Additionally, you may receive promotional and advertising e-mails from IS on behalf of our partners. In sending you these e-mails, IS will not disclose your Personal Information.

SPECIAL NOTICE CHILDREN UNDER AGE 13

IS does not knowingly collect Personal Information from persons under the age of 13 or allow them to register a User Account, and if you are under the age of 13, you must not attempt to register with IS and/or submit any Personal Information to us. If it comes to IS’s attention that Personal Information has been collected from a person under the age of 13, IS will delete this information as quickly as possible. If you believe that IS may have Personal Information from or about a child under the age of 13, please contact IS at the e-mail address below.

CONDITIONS OF USE/CHANGES TO THIS PRIVACY POLICY.

In choosing to use the IS Site, you agree that any dispute arising out of or relating to the use of your information as described herein is subject to IS’s Terms Of Service If you have any concern about privacy with respect to IS or the IS Site, please contact IS with a thorough description of your issue, and IS will try to resolve it. IS’s business is constantly evolving, and our Privacy Notice and Terms of Use will likely change also. IS may e-mail you periodically reminding you of certain important notices and conditions. Notwithstanding the foregoing, IS encourages you to review both the Privacy Policy and Terms of Use frequently to make yourself aware of recent changes.

If you have questions regarding how IS protects your information or this Privacy Policy, please contact IS at:

INDIESHARK
Attn: Privacy Policy Issues
e-mail: contact@indieshark.com