Privacy Notice
Thank you for visiting the web page located at http://www.flashenhanced.com/buckcherry/ (such web page, the "Site"), which is operated on behalf of Atlantic Recording Corporation ("Atlantic," "we," "us"). Your privacy is important to us. To better protect your privacy, we provide this Privacy Notice (the "Privacy Notice") explaining our practices in connection with Personally Identifiable Information (as defined below) that we collect through the Site. This Privacy Notice does not govern our collection of information through any other web page or website, or by any other means, other than through the Site, or the collection of information by any parent, subsidiaries, sponsors or affiliated companies of Atlantic (including, but not limited to, Warner Music, Inc.).
You acknowledge and agree that when you provide any Personally Identifiable Information to us, you are knowingly and voluntarily providing us this Personally Identifiable Information for the purposes set out in this Privacy Notice and for the uses to which it will be put by us and others. If you do not agree to the terms and conditions of this Privacy Notice, please do not use the Site.
Our business changes constantly, so we reserve the right to change this Privacy Notice without prior notice. You should check the Site frequently to see the most recent changes. You can determine when this Privacy Notice was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to our Privacy Notice will become effective upon posting of the revised Privacy Notice on the Internet, accessible through the Site. Use of the Site following such changes constitutes your acceptance of the revised Privacy Notice then in effect.
The Site is operated on behalf of Atlantic from the United States, and is not intended to subject Atlantic to the laws or jurisdiction of any state, country or territory other than that of the United States. Atlantic 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.
Note Regarding the Use of This 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 personally identifiable information through the Site.
I. The Information We Collect
We gather two basic types of information from you 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, for example, your name, address, email address, telephone number and mobile phone number. "Non-Personally Identifiable Information" is aggregated information, demographic information, IP address information, and any other information that does not reveal your specific identity.
a. Personally Identifiable Information. You do not have to provide PII to access the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to join our mailing list or to enter contests, sweepstakes, and similar promotions), we may require that you furnish PII. We collect PII from you only when you voluntarily provide it to us.
Please note that certain services linked or offered through the Site (for example, online shopping) are hosted on Third Party Sites, as defined below. For more information on collection of PII by third parties through such Third Party Sites, please see the section entitled "Collection of Personally Identifiable Information by Third-Parties," below.
b. Non-Personally Identifiable Information. We (and certain of our Third Party Service Providers, as defined below) may also collect certain Non-PII when you visit many of our web pages, such as the type of browser you are using (e.g., Netscape, Internet Explorer, or Firefox), the type of operating system you are using, (e.g., Windows or Mac OS), and the domain name of your Internet Service Provider (e.g., America Online, EarthLink etc.). Non-PII is generally collected from three different sources: server log files, cookies and information that you voluntarily provide.
i. Server Logs. Your Internet Protocol (IP) address is an identifying number that is automatically assigned to your computer 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 Site visitors, to calculate Site usage levels, to help diagnose problems with the Site's servers, and to administer the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
ii. Cookies. To enhance your experience with the Site, the Site uses "cookies." Cookies are text files we place in your computer's browser to store your preferences. We use cookies to understand Site usage and to improve the content and offerings on the Site. The "Help" menu, accessible through the menu bar of most browsers, may tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and/or how to disable cookies altogether. Note, however, that cookies allow you to take full advantage of some of our most innovative and useful features.
iii. Information That You Voluntarily Provide. We also collect certain Non-PII — for example, information about your interests, your geographic location, etc. — when you voluntarily provide such information to us. 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 have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Privacy Notice.
II. How We Use and Disclose the Information
a. Personally Identifiable Information. We may use and disclose PII in the following ways:
i. Fulfillment of Requests. We may use your PII to fulfill your requests — for example, to send you newsletters that you request when you sign up to join our mailing list.
ii. Third Party Service Providers. We may share your PII with our third party service providers who provide certain services (including, but not limited to, website hosting, data analysis, newsletter services, and other services of an administrative nature) (such third parties, our "Third Party Service Providers") for the purpose of enabling such Third Party Service Providers to provide such services.
iii. Communications. We may also use your PII to respond to your inquiries, and, provided that you have opted in (see the section entitled "Opt-In," below), to offer you other products, programs or services that we believe may be of interest to you. In addition, from time to time, in our sole discretion, we may use your PII to confirm your registration with the Site or promotions offered through the Site, to inform you that we have received your PII, to email you important information regarding the Site, or to inform you of changes to our Terms of Use or other terms, conditions, or policies. Because this information may be critical to your use of the Site, you may not opt out of receiving these emails.
iv. Sweepstakes, Contests, Raffles and Other Similar Promotions. We may, whether alone or in cooperation with third party sponsors, operate sweepstakes, contests and similar promotions ("Promotions") through or in connection with the Site. We typically ask you for certain PII when you enter or otherwise participate in a Promotion, and, if applicable, when you win a Promotion. We reserve the right to share this PII with affiliated and third party sponsors of such Promotions ("Sponsors"), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules of each Promotion in which you participate through the Site, as they may contain important additional information about our, our Sponsors' or other third parties' use of your PII. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Privacy Notice, the terms and conditions of such rules shall control.
v. Miscellaneous. Finally, notwithstanding any other provision of this Privacy Notice to the contrary, we reserve the right to disclose your PII as we believe to be appropriate (a) under applicable law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce our Terms of Use or other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Atlantic, 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 reserve the right use such information, and to share such Non‑PII with third parties for any purpose.
III. Collection of Personally Identifiable Information by Third Parties
Third Party Sites. The Site may contain links to web sites and services operated by third parties ("Third Party Sites") whose privacy practices may be different from ours. Such Third Party Sites include, but are not limited to, online shopping areas that are linked from but not hosted on the Site. Site users should consult such third parties' privacy notices when using such Third Party Sites, as we have no control over the collection or use of such PII by these third parties. Use of such Third Party Sites is at your own risk. If you provide PII through any such Third Party Sites, your transaction will occur on such Third Party Site (not the Site) and the PII you provide will be collected by, and controlled by the privacy notice of, that third party. The inclusion of any links to Third Party Sites is not an indication of our endorsement, support or approval of the content of the linked site.
It is important that you familiarize yourself with the privacy notices and practices of any third parties to whom you may provide PII. THIS NOTICE DOES NOT ADDRESS THE PRIVACY OR PRIVACY PRACTICES OF ANY THIRD PARTIES.
IV. Other Important Notes Regarding Our Privacy Practices.
a. Security. We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access and maintain data security. Unfortunately, there is no such thing as perfect security. No data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect your PII, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems, and you do so at your own risk. If you have reason to believe that your interaction with the Site is no longer secure, you must immediately notify us of the problem by contacting us in accordance with the section entitled "How to Contact Us," below.
b. How You Can Access or Change Your PII. If you would like to review or change the PII that we have collected about you through the Site, or to remove your PII from our database, you may email us at BuckcherryHomeVids@yahoo.com. To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access to, making changes to, or removing, your PII. We will endeavor to comply with your request as soon as reasonably practicable. However, we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be changed or removed. We also reserve the right, from time to time, to re-contact former users of the Site.
c. Opt-In. When you provide us with your PII, we may ask you to indicate whether you are interested in receiving newsletters or receiving offers regarding products, programs or services that we believe may be of interest to you. If you elect, by opting-in, to receive these offers, we will occasionally send you offers that match your requests. At any time, you may change your preferences so that you are no longer opted-in to receiving these offers and/or other direct marketing emails from us. If you would like to change your notification preferences, or if you feel that you have received an email message from us in error, please follow the unsubscribe instructions located in the latest email you received. Alternatively, please write to the following address and state that you no longer wish to receive such offers or marketing materials from us. Please ensure that you include all relevant information in your letter to allow us to unsubscribe you from our marketing lists (please note that postal mail requests will delay the time it takes for us to respond).
Atlantic Recording Corporation
New Media/Marketing Dept.
1290 Avenue of the Americas
New York, NY 10104
d. Assignment. We reserve the right to transfer any and all PII and Non-PII that we collect from you to a third party in the event of any sale, merger, joint venture, assignment, transfer or other disposition of all or any portion of our assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
e. Disputes. You acknowledge and agree that any dispute concerning the privacy of your PII is subject to this Privacy Notice and any terms and conditions of use posted to the Site.
f. How to Contact Us. If you have any questions or concerns about this Privacy Notice or its implementation, you may contact us at BuckcherryHomeVids@yahoo.com. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. |