PRIVACY POLICY

 

WHAT INFORMATION DOES THE SITE COLLECT?

(a) Information You Provide To Us
Personal Information and Demographic Information. On the Site, we may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and physical address (“Personal Information”); and (2) demographic information, such as information about your gender and occupation (“Demographic Information”). We may collect this information through various forms and in various places on the Site, including account registration forms, subscription purchasing forms, contact us forms or when you otherwise interact with the Site. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

 

(b) Information We Collect As You Access And Use The Site

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Site (“Usage Information”), which technologies may be downloaded to your Device (defined below) and may set or modify settings on your Device. This Usage Information may include the browser that you are using, the URL that referred you to our Site, the areas within our Site that you visit and your activities there, your Device location, your Device characteristics and certain Device data, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to assess, enhance or otherwise improve the Site or our activities in connection with them. In addition, we may collect your IP address or other unique identifier (“Device Identifier”) for your computer or other device used to access the Site (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier. We may access and use Device Identifiers that have already been associated with your device, may modify such identifiers to create a new identifier or associate a wholly new identifier with you or your device. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

We may use various new and hereafter developed technologies to collect Device Identifiers, Usage Information and Demographic Information about you (“Tracking Technologies”). A few of the methods that may be used to collect Usage Information, include, without limitation, the following (and subsequent technology and methods hereafter developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Site. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to and activities on the Site. If you choose to disable cookies on your Device, some features of the Site may not function properly. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Please be aware that if you disable or remove cookies some parts of our Site may not work and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

There may be other Tracking Technologies now and hereafter devised used by us in connection with the Site. Further, third parties may associate Tracking Technologies with our Site. We may not control those Tracking Technologies and in such event, we are not responsible for them. This Privacy Policy does not apply to the practices of such third parties.

 

(c) Information You Provide About a Third Party

If you send someone else a communication from the Site, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your e-mail address and/or name may be included in the communication sent to your addressee(s).

 

HOW DO WE USE THE INFORMATION COLLECTED?

Use of Information by Us. We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy Policy: (1) to provide you with information or services or process transactions that you have requested or agreed to receive including to send you information about Overhead.fm or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Site’s features; (3) to process your account registration and/or subscription to the Overhead.fm music distribution platform and purchase of products or services from the Site, including verifying your information is active and valid; (4) to improve the Site or our services, to customize your experience on the Site, or to serve you specific content that is relevant to you; (5) to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Site via a “contact us” or other similar function may not receive a response. We will not use the information so provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.

 

HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?

We may share non-personally identifiable information, such as aggregated user statistics, with third parties, including, without limitation, bands and artists that are associated with the Site. We may share Device Identifiers with third parties along with non-personally identifiable information. We do not share your Personal Information that we have collected from you pursuant to this Privacy Policy with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

(a) When You Agree To Receive Information From Third Parties. You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of us or the Site, such as hosting the Site, designing and/or operating the Site’s features, tracking the Site’s activities and analytics, and enabling Overhead to send you special offers or performing other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Site and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you.

(c) Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Site’s Terms of Use or other policies applicable to the Site, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Site or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

(d) Business Transfer. We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

e) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Sites that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

 

WHAT ABOUT INFORMATION I DISCLOSE PUBLICLY?

(a) User Generated Content and Public Information. The Site may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on band/artist promotional pages. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Overhead does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Our promises under this Privacy Policy do not apply to any information that you disclose publicly, share with others or otherwise upload onto the Site. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Site.

(b) Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.

 

DO THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES APPEAR ON THE SITE?

The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when web pages from the Site are served to your browser. In addition, when you are on the Site you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites. For example, if you “click” on a link, the “click” may take you off the Site onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Site and to read the privacy statements of all third party sites and exercise caution in connection with those sites.

 

HOW DO I CHANGE MY INFORMATION AND COMMUNICATIONS PREFERENCES?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account or subscription registration. The Site may allow you to review, correct or update Personal Information you have provided through the Site’s registration forms or otherwise. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Also, please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Site such as in forums or blogs, these communications cannot generally be removed. When you edit your Personal Information or change your preferences on the Site, information that you remove may persist internally for Overhead’s administrative purposes.  If you have any questions about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) this Privacy Policy, you should contact us in the following ways: Postal Mail: Fuzic Media, 8766 South St STE 130, Fishers, IN 46038; By e-mail: techsupport@fuzicmedia.com. Please note that we reserve the right to send you certain communications relating to your account or use of the Site, such as administrative and services announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving marketing communications.

 

WHAT ABOUT CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES?

The Site is operated in the United States. If you are located outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

 

WHAT SHOULD PARENTS KNOW ABOUT CHILDREN?

The Site is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us, please contact us at: techsupport@fuzicmedia.com.

 

WHAT ABOUT SECURITY?

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.

 

WHAT IS THE RETURN/REFUND POLICY?

We do not accept returns, nor give refunds, on our devices or services.

 

WHAT ABOUT CHANGES TO THE PRIVACY POLICY?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, we will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.