QUARTO VALLEY RECORDS, INC. WEBSITE PRIVACY POLICY
LAST UPDATED: JUNE 28, 2013
1. INTRODUCTION AND YOUR AGREEMENT TO PRIVACY POLICY AND TERMS OF USE, NO USE OF SITE BY PERSONS UNDER AGE 18 PERMITTED, NOTICE CONCERNING CHILDREN, AND PERSONAL INFORMATION
1.1. This Website Privacy Policy (“Privacy Policy” or “Policy”) describes our policies regarding the collection, use and disclosure of your information in connection with your use of our websites, emails, and mobile applications (a “Site,” “Site,” or “Sites”.) References to “you” and “your” refer to you, as a user of a Site. References to “we”, “us”, “our”, or to “QVR” refer to Quarto Valley Records, Inc. The Internet site at www.daqofficial.com is referred to and considered a “Site” and is governed by this Policy. Information collected on a Site may be used by QVR, our labels, agents, affiliates and artists (collectively, “QVR”) in the manner described below. This Privacy Policy is a contract between you and QVR. This Policy informs you regarding when this Policy is effective, what information we may collect from you, how we might use it, and how we may change this Policy.
1.2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE. All activities in which you may engage on a Site are voluntary. You are not required to provide any personal information to us unless you choose to access features on a Site which require the information. If you do not agree with this Policy or the other Terms of Use on a Site, then immediately exit the Site and discontinue using the Site. If you do not agree with the terms of our Privacy Policy and our Terms of Use posted beside the hyperlink to this Privacy Policy, please do not provide us with personal information, and leave the Site. The Site Terms of Use are expressly incorporated into this Policy by reference and are a part of this Policy. By using a QVR Site, you signify you agree to this Privacy Policy and to the Terms of Use.
1.3. NOTICE CONCERNING MINORS. PLEASE NOTE: You must be at least age 18 to enter or use a Site. QVR intends only persons who are 18 years or older to use a Site. Personal registration information submitted by a person under the age of 18 will not be accepted. We encourage parents and guardians of persons under age 18 to regularly check and monitor their use of email and other activities online. We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on a Site. If we learn or have reason to suspect a Site user is under age 18, we will appropriately and promptly delete any personal information in that user’s account.
1.4. NOTICE CONCERNING CHILDREN. PLEASE NOTE: We are a general audience Site, and direct none of our content specifically at children under 13 years of age. We do not attempt to collect any personal information from those under the age of 13. If we learn or have reason to suspect a Site user is under age 13, we will promptly delete any personal information in that user’s account. If you feel we have unknowingly collected information from someone under the age of 13, please contact us immediately and this information will be removed.
2. COLLECTION AND USE OF PERSONAL AND GENERAL INFORMATION
2.1. COLLECTION OF PERSONAL INFORMATION. We may collect on a Site certain information called “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, email address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of a Site or features of a Site. If you do not provide the requested personal information, you may not be able to access or use the features of a Site where such information is requested. We may collect personal information such as, including, but not limited to, your name, street or other address, date of birth, age, gender, interests, country and zip code, and other demographic information, email address, telephone number, billing information such as credit card or debit card number and billing address, unique identifiers such as user name and password, preference and other information such as product wish lists, order history, marketing preferences and cell phone carrier, and location information such as your actual or approximate location. We may include registration, online surveys, and other online forms that ask users to provide their names, email addresses, and other personal information, as well as the following categories of information: your IP address, browser type and language, access times, navigational information, and actions you take on a Site. Personal information is or may be collected if and when you register. Additional personal information may be collected to process transactions or to provide products and services. You may be required to provide personal information to access or use certain parts of a Site or features of a Site. If you do not provide the requested personal information, you may not be able to access or use the features of a Site where such information is requested.
2.2. ADDITIONAL INFORMATION WE MAY COLLECT AND AUTOMATIC COLLECTION. We may collect information from you more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access a Site, whether or not you provide us with any personal information. We may collect information as you browse a Site such as the domain name, Internet Service Provider, browser type and version, mobile device ID, operating system and device type, average time spent on a Site, pages viewed, information accessed, the IP address you use to connect to the Internet and related geographical information about your computer or mobile device. Such information is sometimes referred to as web analytics and/or clickstream data. We may use cookies and other technologies such as web beacons to keep track of your visits, preferences and profile information. This information is used to make our Sites easier to use, improve our advertising, and to provide a more personal and convenient experience. We may use this information to store some of your preferences or to provide tailored advertisements related to your specific interests. Should you choose to subscribe or enroll, we may use this information to allow you to participate in any fan rewards or other programs. We may use Flash cookies to store some of your preferences or personal information. In some of our email messages, we may use “click-through URLs” or pixel tags to determine whether the email has been opened and to measure the effectiveness of our customer communications. This information and data may also be used to gauge your interest in particular topics. We may also gather anonymous other general information, such as traffic data, that may be helpful for marketing or for improving the services or products we offer.
2.3. TRANSACTIONS. You may purchase artists’ music or merchandise from a Site. This Privacy Policy applies to any personal information you provide in connection with any such purchases. You will be directed to a third-party vender site to initiate your transaction.
2.4. COOKIES. A cookie is a small string of information that a website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Sites. Cookies help us learn which areas of a Site are useful and which areas need improvement. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on a Site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. If you choose to reject cookies, your choice may limit the functionality of a Site you visit and you may lose access to some of its features. From time to time, we may use the “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to a Site.
3. USE AND SHARING OF INFORMATION
3.1. WHAT MAY QVR DO WITH COLLECTED INFORMATION? PERSONAL INFORMATION. We or one of our trusted vendors may use this information to: (a) send you requested updates and newsletters about an artist, type of music or related special offers; (b) send you requested product or other information; (c) send email to your friends upon your request when you provide their email address; (d) fulfill your order; (e) send you an order confirmation; (f) respond to customer service requests, questions and concerns; (g) administer your account; (h) send you marketing communications; (i) administer promotions and sweepstakes you enter and notify you of the results; (j) improve our marketing efforts; (k) conduct research and analysis; (l) display content based upon your location and/or interests; and (m) provide location services such as “tagging” and “check-in.” We may use personal information to provide our services or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on a Site. We may also use your contact information to inform you of any changes to a Site, or to send you additional information about QVR or its artists or products. We may use your personal information to communicate with you. We may send transaction-related communications such as welcome communications, invoices, licenses, billing reminders, and related confirmations. We may send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. We will use your information to comply with our legal obligations, resolve disputes and enforce our agreements. Our Site servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet).
3.2. ANONYMOUS INFORMATION. We may use anonymous information to analyze our Site traffic, but if we do, we do not examine this information for individually identifying information. We may use anonymous IP addresses to help diagnose problems with any server, to administer a Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
3.3. USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you do not have to re-enter it each time you visit a Site, or for other purposes. Any promotions or advertisements displayed on a Site, if any, may contain cookies. We do not have access to or control over information collected by outside advertisers on a Site.
3.4. DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on QVR or its affiliates, (2) protect and defend the rights or property of QVR or the users of a Site, or (3) act under exigent circumstances to protect the safety of the public or users of a Site.
3.5. SALE OF INFORMATION. To accommodate changes in our business, we may sell or buy portions of QVR or other companies or assets, including the information collected through a Site. If QVR or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.
3.6. ACCESS TO INFORMATION. We do not maintain procedures for you to review or request changes to the information we collect about you, except you may request an opt-out under Section 3.8, below.
3.7. ADDITIONAL/OTHER SHARING. We will share your personal information with third parties in the ways described in this Policy. We may provide your personal information to companies that help us with our business activities (e.g., processing credit card transactions, Site store vendors, shipping your order, assisting us in Site operations, providing customer service, delivering email newsletters and marketing email, etc.) or that assist us in improving our products, content, services or advertising. These companies may use your personal information to provide these services and products. We may also share your personal information: With QVR affiliates and representatives of our recording artists; As required by law, such as to comply with a subpoena or similar legal process; When we believe disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request; or for any corporate change including a merger, acquisition or sale of assets. We may share personal information, general information, and other information with persons or companies who manage or assist in the management of the Site(s) such as Site managers, operators, designers, hosting companies, store and shopping cart vendors and others (collectively “service partners”). Our service partners may use your personal information to operate a Site and to deliver their services. For example, your data may be transferred to Site hosting partners and other parties who assist us in designing and operating the Sites, executing services (such as for merchandise fulfillment), or helping us analyze collected data. These parties will use your data to carry out the services as agreed with us.
3.8. CHOICE/OPT-OUT.You may choose to stop receiving newsletters, updates or marketing emails by following the unsubscribe instructions in these emails. If you choose to join a mobile marketing list, there are usually costs associated with receiving SMS (text) or MMS (multimedia) messages depending on your wireless carrier and plan. Check with your mobile carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You may also contact your wireless carrier for additional information on receiving or stopping mobile messages. If you have previously enabled your computer or mobile device to send us location information, you may be able to opt-out from further allowing us to access such information by changing the settings on your computer or mobile device or by uninstalling the application.
4. SECURITY. The Sites have security measures in place designed to prevent loss, misuse and alteration of the information we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, or alteration to you or to any third party arising out of any such loss, misuse, or alteration. When a password is used to protect your account and personal information, it is your responsibility to keep your password confidential. When you enter sensitive billing information through our shopping cart vendor, the transmission of that information will be encrypted using secure socket layer technology (SSL). If you choose to use a third-party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after receipt. However, no method of transmission over the Internet or method of electronic storage is 100% secure and we cannot guarantee its absolute security. To protect both the personal information and the general information we receive from you through a Site, we have implemented various security measures, including requiring Site store vendors to provide secure and reliable e-commerce transactions for customers and to inform store customers they have a secure server connection by the URL in their browser which will read https://. QVR requires Site store vendors to protect customers by using processes to minimize the risk of fraud.
4.1. RISK OF INTERCEPTION. However, whenever you give out personal information online, there is a risk that third parties may intercept and use that information. We cannot guarantee the security of any information you disclose online. By using a Site, you acknowledge and agree we do not guarantee the security of any data provided to or received by us through a Site and that any personal information, general information, or other data or information received from you through a Site is provided to us at your own risk, which you expressly assume.
4.2. RELEASE OF INFORMATION. QVR, its service partners, managers, and operators will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal or general information or data for security purposes, as described in this Policy, to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us under this Policy.
4.3. CONSENT TO PROCESSING. The Sites are operated in the United States. If you are in the European Union, Canada or elsewhere outside of the United States, please know that information we collect will be transferred to and processed in the United States. By using a Site, or providing us with any information, you fully understand and consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
5. WEBSITE AREAS BEYOND QVR’S CONTROL.
5.1. PUBLIC FORUMS. A Site may include interactive forums such as message boards and chat rooms. Any information disclosed in these areas becomes public information. Please exercise caution when disclosing your personal information.
5.2. THIRD-PARTY WEBSITES. A Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm you understand and agree with their policies. Your visits and access to such websites are at your own risk. Those other sites may send their own cookies to users, collect data, or solicit personal information.
6. CONTACT INFORMATION AND POLICY UPDATES.
6.1. CONTACTING US AND QUESTIONS ABOUT THIS POLICY. You may contact us in writing if you have questions regarding this Policy:
Stephen A. Spataro, Esq., 12121 Wilshire Blvd., Suite 1300, Los Angeles, CA 90025-1166, Email: info@spataro.com
6.2. EFFECTIVE DATE, ACCEPTANCE OF, AND CHANGES TO, THIS PRIVACY POLICY. This Privacy Policy is effective as the date first displayed on a Site and will remain in effect except for any provisions changed in the future, in which case the changes will become effective on the date they are posted or displayed on a Site or we otherwise notify you of the changes. By using a QVR Site, you agree to this Privacy Policy. We may add to, change, update, or modify this Policy by posting or displaying such change, update, or modification on a Site and with no other notice to you. Any such change, update, or modification will be effective immediately upon posting on a Site. We will also revise the “last updated” date found at the beginning of this Policy when we post or display changes to it. Periodically review this page for the latest information on our privacy practices. Your continued use of a Site after a revised version of the privacy policy has been posted will constitute your consent to the terms of such revised policy. You may write us at the email or street address in Section 6.1 and ask for a copy of the Policy highlighted to show the changes between the current Policy and the prior Policy.
7. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY – DISCLAIMERS. This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond QVR’s control, and is not to be applied in any manner contrary to law or governmental regulation. This Policy only applies to information collected through a Site. This Policy does not apply to any information we may collect from you in any place other than a Site.
8. CHOICE OF LAW, JURISDICTION, AND VENUE. This Policy shall be governed by, and construed under, the laws of California excluding its choice of law rules. Regarding all disputes arising out of or related to a Site or to this Policy, you and QVR consent and submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles, in the City of Los Angeles, in California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You and QVR further agree: (i) any claim brought to enforce this Policy must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
9. SEVERABILITY; WAIVER. If any provision is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so this Policy shall otherwise remain in full force and effect. Any failure by QVR to exercise or enforce any right or provision of this Policy does not constitute a waiver of such right or provision. The failure of either you or QVR to exercise any right provided for shall not be deemed a waiver of any further rights.
10. GENERAL TERMS. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Policy. The section titles or headings in this Policy are included primarily for convenience of reference and shall not be construed alone, by themselves, without reference to all other relevant provisions of this Policy. QVR may provide you with notices, including those regarding changes to this Policy by posting or display on a Site, email, other communications through a Site, or regular mail.
