Photo Finish Records, LLC Online Privacy Notice
Finish Records, LLC ("Company," "we," "us") 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
www.photofinishrecords.com (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 or by 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, and
is not intended to subject Company or any Affiliated Entity to the laws or
jurisdiction of any state, country or territory 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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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?
1. Personally Identifiable Information. We may use your PII in the
following ways:
1. Fulfillment of Requests. Company may use your PII to
fulfill the purpose for which such PII was provided (e.g., to send
newsletters to you or fulfill your purchase).
2. Administrative Communications. From time to time, in our
sole discretion, we may use your PII 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.
3. Other Communications. If you affirmatively opt-in, Company
and the Affiliated Entities may use your PII to inform you of 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.
4. Third Party Communications. If you affirmatively opt-in,
we may share your PII 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.
5. Disclosures to Artists. One of the reasons we operate the
Site is to provide you with news and information about Atlantic Records and
our artists. As such, if you affirmatively opt-in, we may share your PII
with such artists 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 your PII. If you would
prefer not to receive marketing-related e-mail messages from Artist(s),
please see the "Opt-Out" section below.
6. Purchases. Purchases through our web store, located at
store.photofinishrecords.com direct the user to an independent web store
owned and operated by Mediapal. Mediapal has it's own privacy policy which
can be found at www.mediapal.com. Photo Finish Records, LLC is in no way
responsible for the content or privacy policy of the online order
fulfillment store.
7. 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.
8. Promotions. Company, Artist(s) or the Affiliated Entities
may operate sweepstakes, contests and other promotions (collectively,
"Promotions") through the Site. We typically ask you for certain PII when
you enter and, if applicable, win a Promotion. We reserve the right to share
this PII with third parties sponsors of such Promotions (irrespective of
whether such Promotions are hosted by us), or otherwise in accordance with
the rules applicable to such Promotion. You should carefully review the
rules, if any, of each Promotion 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 your PII. To the extent that the
terms and conditions of such rules concerning the treatment of your PII
conflict with this Policy, the terms and conditions of such rules shall
control.
9. Internal Business Purposes. We may also use your PII for
our internal business purposes, such as data analysis, audits and so forth.
10. Third Party Service Providers. We work with third parties
who provide services including but not limited to data analysis, order
fulfillment and other services of an administrative nature. We reserve the
right to share your PII 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 your personally
identifiable information 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).
11. 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.
12. Law enforcement; emergencies; compliance. Notwithstanding
any other provision of this Policy to the contrary, we reserve the right to
disclose your PII 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.
2. 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
embedding e-mail addresses in cookies). 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.
1. 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 your PII, or
any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE
BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR PROFILE.
2. Information Posted by Visitors. 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. Please note that any information you disclose through such
services or otherwise on the Site becomes public information, and may be
available to visitors to the Site and to the general public. In addition,
when you choose to make a posting on such services, certain PII (for
example, a link to your Profile that contains PII), will be available for
other users to view. We urge you to exercise discretion and caution when
deciding to disclose your PII, or any other information, on the Site. WE ARE
NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE
SITE.
3. 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 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.
4. 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.
5. 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
your PII, 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 your
PII 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).
6. 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 your PII 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.
7. Contacting Us. If you have any questions regarding this Policy,
please contact us by e-mail at info@photofinishrecords.com, or please write
to the following address:
Photo Finish Records, LLC
39 West 14th Street, Suite 408
NY NY 10019
Attn: Privacy Coordinator
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.