Privacy Policy
Bookable, LLC ("Company," "we," "us") is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your information, including Public Information and Personal Information (as defined below). This Privacy Policy (the "Policy") describes our practices in connection with Personal Information that we collect through certain of our web sites, including the site from which you are linking to this Policy (the "Site"), when you use our products and services, including the Site (collectively, the “Services”). 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 third parties, including to the extent that you submit any Personal 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.
By using the Site, you hereby agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, you may not use the Site. We may modify the Policy from time to time, at our sole discretion. When changes are made, we will notify you by making the revised version available on this portion of the Site, and we will indicate at the top of this page the date that revisions were last made. All modifications will apply prospectively only. You should revisit the Policy on a regular basis, as any and all revised versions will be binding on you. Any such modification will be effective upon our posting of the new Policy. You understand and agree that your continued access to or use of the Site after any posted modification to the Policy indicates your acceptance of the modification(s).
Summary:
In order to access the Services, you must provide a valid email address and set up a password for your account. When you use the Services, we also collect the following information: (a) information about the content that you submit to the Services, (b) information about who you send content to and the third party sites on which you post content, (c) information about the device you use to access the Services, including the hardware model, operating system, advertising identifier, browser type, language, wireless network and mobile network information, and (d) information about the content and pages that you view during the use of the Services. We may also, with your consent, collect information about your location and access the photos contained on your device. If you refuse to give your consent, certain parts of the Services will not have full functionality.
We use your Personal Information to:
Operate and maintain the Services;
Communicate with you concerning your account and customer service issues;
Improve the Services by providing personalized content recommendations;
Track content uploaded, accessed and downloaded, including for the purpose of paying royalties and license fees to applicable royalty participants and other copyright holders or content distributors;
Enhance the safety and security of the Services;
Provide you with updates, targeted advertising, promotions and special offers;
Better understand how the Services are used, including traffic patterns and what types of content are most popular with users of the Services; and
Enforce our Terms of Use and other usage policies.
We will not rent, sell, use or distribute your personal information for any purpose not specifically listed here or without your consent unless such sharing is necessary for the purposes set forth in this Privacy Policy. In some cases, however, access to certain aspects of the Services may require us to provide personal information to a third party, such as a content provider or distributor. The third party's use of such information is governed by that party's privacy policy and our use is governed by this Privacy Policy. Please visit the privacy policy of the content partner to make sure you understand how they use the personal information you provide to them.
We may disclose relevant information about our customers to our contractors or service providers (e.g., a customer service contractor) in order for them to provide specific services. Also, we may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on us; (d) protect and defend our rights or property; (e) investigate and remedy potential violations of our Terms of Use; or, (f) protect the personal safety of users of the Services or the public at large. If we are involved in a merger, asset sale, financing or acquisition of some or all of our business, we may share your personal information with the applicable third party or parties before and after the transaction is finalized. We may also share with third parties aggregated information that cannot reasonably used to identify you. We hereby obtain your consent for these named uses, and you may opt out of any communications from us with written notice to us at any time.
The Site is controlled and operated solely by Company (and not by any other party, individual or entity), and this Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law. 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 at their own initiative, 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 Personal Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personal Information to the United States, waiving any claims that may arise under other national laws.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Information through the Site.
We are committed to protecting the privacy of your Personal Information. This Privacy Policy explains how we collect and utilize Personal Information when you use our products and services.
WHAT TYPES OF INFORMATION DOES COMPANY COLLECT FROM ME?
We categorize the information we collect into two (2) types: Personal information and Public Information.
Personal Information. Personal Information includes information that identifies you as an individual, including your name, postal address, telephone number, e-mail address, credit card number, or other payment account number. You do not have to provide Personal Information 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 request that you furnish Personal Information, and we only collect Personal Information from you through the Site when you voluntarily provide it to us.
Public Information. Public Information includes aggregated information, demographic information, IP addresses and any other information that does not reveal your personal identity. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Public Information (for example, a catalog of the Site pages you visit).
HOW DO WE COLLECT PUBLIC INFORMATION?
Public Information is generally collected through the Site from server log files, cookies, and information that you voluntarily provide to us.
Use of 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.
Use of 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.
Use of Information That You Voluntarily Provide. Company also collects Public Information (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any Personal Information, such information is considered to be Public Information, as it does not personally identify you or any other user. Additionally, we may aggregate Personal Information in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using Personal Information to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Public Information for purposes of this Policy.
WHY DOES THE SITE COLLECT PERSONAL INFORMATION?
We collect Personal Information to improve the manner by which the Site operates and offers its products and services, communicates with you about those products and services, and provides effective, timely customer support when needed. We will not rent, sell or distribute any Personal Information without your consent, unless such sharing is necessary for the purposes set forth in this Privacy Policy. We use Personal Information about you for some or all of the following reasons:
Informational Communication and Deliveries. Company may use Personal Information about you to fulfill the purpose for which such Personal Information was provided (e.g., to send promotional materials, information, and/or newsletters to you, or fulfill your purchase).
Administrative Communications. From time to time, in our sole discretion, we may use Personal Information about you to send 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.
Promotional Communications. If you affirmatively opt-in to receive marketing messages from Company, we may use Personal Information about you 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, please refer to section describing opting out below.
Third Party Communications. If you affirmatively opt-in to Company sharing Personal Information about you with third parties for their marketing purposes, we may share Personal Information about you 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 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.
Purchases. If purchasing functionality is offered on the Site, we may use third-party payment services (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 hosted by a Payment Service (each, a “Payment Service Page”) and not by us. Any Personal Information that you provide through a Payment Service Page will be collected by the applicable Payment Service and not by us, and will be subject to such Payment Service’s privacy policy, 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 Personal Information 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 Public Information, use of such Public Information is governed below.
Contests & Surveys. Company, Host(s), and/or Artist(s) may operate sweepstakes, contests and other promotions (collectively, "Promotions") through the Site. In addition, we and/or Artist(s) 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 Personal Information when you enter and, if applicable, win a Promotion, and when you participate in a Survey. We reserve the right to share Personal Information 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 Personal Information about you. To the extent that the terms and conditions of such rules concerning the treatment of Personal Information about you conflict with this Policy, the terms and conditions of such rules shall control.
Company Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.
Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature. We reserve the right to share Personal Information 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 Personal Information about you 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).
Assignment. We reserve the right to transfer any and all information that we collect from Site users to 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.
Legal Compliance Purposes. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose Personal Information 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 our artists; (f) to protect the rights, privacy, safety or property of Company, 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 Personal Information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
WHY DOES THE SITE COLLECT PUBLIC INFORMATION?
We collect Public Information to improve our business and learn more about the general demographics of our visitors. Because Public Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Public Information, which does not personally identify you, with other third parties, for any purpose. In some instances, we may combine Public Information with Personal Information (such as combining your name with your geographic location). If we do combine any Public Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.
WHEN AND HOW DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
Company does not use your Personal Information for purposes incompatible with those listed above. In some cases, access to certain products and services, such as content subscription products or products distributed by third parties may require the provision of Personal Information to a third party, such as a content provider or distributor. In such cases, this will be stated during the registration process, in the terms of use or service, through the distribution process, or in a similar manner. The third party's use of such information is governed by that party's privacy policy, and Company's use is governed by this privacy policy. Please visit the privacy policy of the content partner to make sure you understand how they use the personal information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, Company may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing. In such cases, Company may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider.
Company may disclose relevant information about its customers to our contractors (i.e. a customer service contractor or a credit card clearing service) in order for them to provide specific services for Company to better serve our customers. Company's contractors are bound by strict contractual requirements to keep all Personal Information they process strictly confidential and to use such information solely on behalf of Company.
Also, the Company may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on Company; (d) protect and defend the rights or property of the Company; or (e) act in urgent circumstances to protect the personal safety of users of Company products or the public at large.
Company websites and products contain links to other websites and products. Company is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices.
Some of the Personal Information collected by Company is necessary to provide you with the product or service you choose and to optimize the delivery of audio and video data to your computer. Certain technical information (e.g., zip code, product id, GUID) may be automatically transmitted between networked servers to authenticate access to products and services, enable their delivery, or optimize your media delivery experience.
E-MAIL FROM US & OPT-OUT OPTIONS.
Registering for a product or service allows you to tell us how or whether you want Company to communicate with you. Generally, Company sends e-mail about its products, content and special offers. During registration, you may opt out of receiving Company marketing e-mails and/or newsletters. Additionally, your online Company account, accessed through the “Account Settings" link provided in emails and on Company Web pages, enables you to select whether you wish to receive newsletters, marketing, promotional emails, and special offers. However, Company may continue to send you e-mail about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your Company products and services, or to inform you about critical technical service issues relating to a Company product or service. 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 at any time by following the “unsubscribe” instructions in the latest such message you have received from Company. 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, Artist(s) or other Affiliated Entities).
HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
To access your account information and preferences, select "Account Settings" from the applicable menu(s). Sign in to your account and modify your information and preferences as needed.
When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters and promotional emails. If you have forgotten a username or password, please refer to Company's online help resources.
NO ERROR FREE PERFORMANCE
Company customarily releases alpha and beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase, Company may not always catch an unintended privacy issue, despite our efforts to do so. As such, Company welcomes feedback on any privacy concerns you may have, and on how to improve Company products generally, in all stages of release. Company does not guarantee error-free performance under this privacy policy. Company will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when Company learns of any failure to comply with it. Company shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.
CONTACT US ABOUT PRIVACY
If you have questions about the privacy aspects of our products or services or would like to make a complaint, please contact:
BOOKABLE, LLC
9005 Overlook Blvd, Brentwood, 37027
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 correspondence.