LAST UPDATED: June 16, 2010
Privacy Policy
Flying Eye Records ("Company," "we," "us"), a
BDG/RED company, 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, including without
limitation, Flying Eye Records, The Influence of Music Inc, Flying Eye Music,
BDG and RED (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).
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.
Note Regarding the Use of the Site by Children: The Site is not directed
to individuals under the age of thirteen (13), and we request that such
individuals do not provide Personally Identifiable Information through the
Site.
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. 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 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. 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 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 3.f (“Opt-Out”)
below.
iv. Third Party Communications.
If you affirmatively opt-in to Company sharing PII about you with third parties
for their marketing purposes, we may share PII 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.
v. Disclosures to Artists.
One of the reasons we operate the Site is to provide you with news and
information about Flying Eye Records and our artists. As such, if
you affirmatively opt-in to Company sharing PII about you with our artists, we
may share PII about you with such artists (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 PII about you. If you would prefer not to
receive marketing-related e-mail messages from Artist(s), please see the "Opt-Out"
section below.
vi. 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
PII 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 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; 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 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 (and, in some cases, our
Affiliated Entities), 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 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 PII 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).
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 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.
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 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. 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 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. 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 3.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, Artist(s)
or other Affiliated Entities).
Additionally, if you would like to opt-out of receiving marketing-related e-mail
messages from Artist(s) 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
info@flyingeyerecords.com
or please write to the following address:
Flying Eye Records
3318 Hemlock Drive
Falls Church, VA 22042
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.