Privacy Policy

Indroduction

Last updated: July 15, 2016

DarwinBeats, Inc. (“DarwinBeats”, “Company”, “We”, or “Us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website darwinbeats.com or any associated applications (our “Platform”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On this Platform.
  • In e-mail, text and other electronic messages between you and this Platform.
  • Through mobile and desktop applications you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using this Platform, you agree to this Privacy Policy.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail or through a notice on the Platform home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Platform and this Privacy Policy to check for any changes.

Children Under the Age of 13

Our Platform is not directed to or intended for children under 13 years of age. No one under age 13 may provide any information to or on the Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Platform or on or through any of its features/register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of this Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

What Information We Collect From You

We collect information from you, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address , photos, or telephone number (“personal information”);
  • that is about you but individually does not identify you, such as musical preferences, artist following history, voting history; and/or
  • about your internet connection, the equipment you use to access our Platform and usage details.

How We Collect Information From You

We collect information directly from you when you provide it to us including:

  • Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our service posting material, information provided when you log-in through a Social Media site, posting material, or requesting further services. We may also ask you for information when you report a problem with our Platform.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Details of transactions you carry out through our Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Platform.

We collect information automatically from you as you navigate through the site, which may include:

  • Usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • Your search queries on the Platform.
  • From third parties, for example, our business partners.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions.

More About Information We Collect From You Automatically Through Cookies, and Other Technology

As you navigate through and interact with our Platform, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
  • The information we collect automatically is statistical data. It helps us to improve our Platform and to deliver a better and more personalized service by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Platform according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.
  • Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How Third-party Advertiser May Collect Information From You Automatically

Some advertisements on the Platform are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Platform and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Platform or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Platform.
  • To provide you with a better user experience.
  • To determine which artists or songs are popular and which are not.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect automatically or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of DarwinBeats’ assets.
  • To third parties to market their products or services to you if you have not opted out of these disclosures. [We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.]
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DarwinBeats, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Social Media. You have the option to link and unlink your social media accounts to our Platform. By unlinking your accounts, we will no longer access or use the information we receive from these accounts.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

In the event that you cannot update your personal information, you may send us a message at contact@darwinbeats.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Use.

Security of Your Information

The safety and security of your information depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

The following applies to California residents only:

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@darwinbeats.com or write us at: DarwinBeats, Inc., 3430 Connecticut Ave, P.O. Box 11055, Washington, DC 20008, USA.

California Online Privacy Protection Act Notice

1) DarwinBeats, Inc. does track its Platform users over time, but not across third party websites, and therefore does not respond to Do Not Track (DNT) signals. You can set the DNT signal on your browser to alert third parties you do not wish to be tracked, usually by accessing your browser’s DNT option located in your browser’s preferences or tools tab. 2) DarwinBeats, Inc. does use a third party to collect your personally identifiable information from our site or from our users without separate user consent over time and across different websites when you use our Platform or service.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us using the Contact Us form or email us at contact@darwinbeats.com.