Privacy Policy
The Guards and BitCrush.FM, Inc. - Privacy Policy
As of January 1, 2013
BitCrush.FM, Inc. (“BitCrush” and/or “The Company”) operates WeAreTheGuards.com. This Privacy Policy describes The Company’s use and sharing of Individual Identifiable Information (referenced further in this document as “III” including but not limited to your full name, email address, mailing address, telephone number, or credit card number) that Free Visitors and Members voluntarily provide to The Company and The Guards when they register (also known as “Registration III”). The Term “Free Visitor” refers to a Non Paid Visitor, but registered nonetheless. A Member is a paid subscriber who has registered as well.
This Privacy Policy applies to the services offered by The Company, including any The Guards or BitCrush.FM, Inc.-branded URL (the “The Guards Website”), the The Guards widget, Mobile Applications and other features (for example, music and video embedded players and any other features, content, or applications offered from time to time by The Company in connection with the The Guards Website (collectively, “The Company Services”). The Company Services are hosted in the United States.
The The Guards Website is a general audience site and does not knowingly collect III from children under 13 years of age. If you are under 13, please do not attempt to register for The Guards or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on The Guards. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@wearetheguards.com. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
From time to time The Company may modify this Privacy Policy to reflect industry initiatives or changes in the law, our III collection and use practices, the features of The Company Services, or technology, and such modifications shall be effective upon posting by The Company on the The Guards Website. Your continued use of The Company and The Guards Services after The Company posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If The Company materially changes its practices regarding collection or use of your III, your III will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
COLLECTION AND SUBMISSION OF INDIVIDUAL IDENTIFIABLE INFORMATION (“III”) AND NON-III ON THE GUARDS
In General, When The Company and/or The Guards collects III from you it is because you are voluntarily submitting Registration III to us in order to register as a Free Visitor or Member (synonymous with “subscriber.”). The Company may also collect III from you if you choose to participate in The Company’s Services and activities such as sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to The Company for review.
In addition, The Company collects other non-III including IP address, aggregate user data, and browser type. This data is used to manage and improve The Company’s Services, track usage, and for security purposes.
The Company’s Members may also choose to provide or store non-III information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Free Visitor or Member’s profile is provided at his or her sole discretion.
The Company may use information in your registration and/or profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or song as well as personalizing advertisements and promotions so that we can provide you the best experience. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you.
Cookies. Cookies are small bits of information that The Guards places on your computer. The Company uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on The Company Services. Data in cookies may be read to authenticate user sessions or provide services.
Notice to Users: The Company does from time to time use Google Remarketing services. This is a Google Cookie and Tag that is placed in your browser that allows The Company to create lists of people who have visited WeAreTheGuards.com. The Company from time to time will use Google’s ad network (AdWords) and Google Remarketing services to send you relevant advertising including: offers, products, free goods, sweepstakes, contests, etc.
Within this Privacy Policy you grant Google the right, should Google or The Company elect to do so, to display and serve an ad of The Company’s from at least one of The Company’s Remarketing Lists, along with displaying the The Guards logo and/or Company promotion.
Notice Requirement. Your posted privacy policy should include information about Google, the User Cookie, and an appropriate description of your use of remarketing or similar audiences in online advertising. The description must be included in the privacy policies of all sites that include the remarketing tag or otherwise gather this type of information.
Third party advertisements displayed on The Company Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). The Company does not control these third party cookies and Users of The Company’s Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice” section below for more information on customized advertising on The Guards and The Company’s properties. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. The Company may allow third party pixel tags to be present on The Company’s Services for purposes of advertising, providing services or data and statistics collection.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on The Company’s Services.
The Company’s Services may be linked to Internet sites operated by other companies. The Company’s Services may also carry advertisements from other companies. The Company is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with The Company’s Services or for the privacy practices of third party Internet advertising companies. Once you leave The Company’s Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any III they collect from you.
The Company’s Services may also be linked to sites operated by companies affiliated with The Company (i.e., that are part of BitCrush.FM, Inc. e.g. “Affiliated Companies” and/or qualified sponsors). Users who visit those Affiliated Company sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy.
The Company may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions such as “Marital Status,” “Level of Education” and “Children”) (“Structured Profile Information”), information you add to open-ended future user profile fields and questions (essay questions like “This is About Me,” “My Interests” “Favorite Bands,” etc.) (“Non-Structured Profile Information”) and other non-III about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your music interests we might display or send an alert or advertisement to make sure you are advised when your favorite band is coming to town. The information used for this feature does not provide your III or identify you as an individual to third parties.
Some of the advertisements that appear on The Company’s Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-III about your visit to or use of The Company’s Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
In addition, advertisements that appear on The Company’s Services and/or The Guards are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. The Company does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on The Guards or BitCrush.FM, Inc. unless you choose to share it with them. This privacy policy covers the use of cookies by The Company and does not cover the use of cookies or other tracking technologies by any of its advertisers.
Third party applications (such as widgets) created by The Company or third party developers may also be available on The Company’s Services and/or the The Guards site. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, The Company does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with The Company. The Company encourages Members not to provide III to the third party’s application unless the Member knows the party with whom it is interacting.
THE COMPANY’S USE OF III
The Company will only use the III you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If The Company obtains III from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.
If you have consented to receive promotional materials (e.g., update alerts, newsletters) or notifications from The Company, The Company and/or The Guards may periodically use your email address to send you such materials related to the The Company Services, as applicable. If you want to stop receiving such materials from The Company, you can change your profile settings under “Preferences” in the The Guards menu after signing in with your user ID and password.
The Company’s employees, agents and contractors must have a business reason to obtain access to your III. The Company may share your III with those who help us manage or provide The Company’s Services’ information activities (for example, subscription, Free Visitor, Member or message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your III to provide The Company with a specific service and not for any other purpose. The Company may also provide your III to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your III. The Company also may share your III with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, The Company may customize the advertising and marketing messages you receive on The Company and/or The Guards Website, or may work with outside companies to do so. Your non-III and/or future Profile Information may be shared with these companies so this customization can be accomplished. The Company prohibits these companies from sharing your non-III and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with The Company’s advertisers and business partners.
There may be instances when The Company may access or disclose III, Profile Information or non-III without providing you a choice in order to: (i) protect or defend the legal rights or property of The Company, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the The Company’s Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if The Company sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, The Company may transfer your III to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. The Company is not responsible under the EU localdata protection laws for Member-posted information.
SECURITY
The Company uses commercially reasonable administrative, technical, personnel and physical measures to safeguard III and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, The Company uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
The Company takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of the The Guards Web Site, please contact us atprivacy@wearetheguards.com
REMEDIES, ACCESS AND COMPLIANCE
Whenever possible, The Guards’s Free Visitors and Members may review the Registration III we maintain about them in our records. We will take reasonable steps to correct any III a Member informs us is incorrect. If you are a Free Visitor or Member, you can view and limitedly change your Registration III, Member preferences and Profile Information by logging into your account and accessing features after logging in the “Preferences” section.
If you would like to communicate with us about this Privacy Policy please contact:
Email: privacy@wearetheguards.com