BeatBiz.Net
Last Updated and Effective: 11 March, 2008
At BeatBiz.Net, we believe that you, as a user of our Services, have a right to know our practices regarding the information we may collect when you visit or use our Services. This privacy policy ("Privacy Policy") is a legally binding agreement you have with us and, among other things, provides you notice of our information management practices, including the types of information we collect, how such information is used, stored and safeguarded, and the degree to which you may control the maintenance and our sharing of your information.
When we use "BeatBiz", "our", "we" or "us", we mean not only BeatBiz, but also its Affiliates (defined below), agents and contractors that operate or administer any of the Service or conduct Service-related activities on our behalf. All capitalized terms used in this Privacy Policy are defined either within the terms and provisions of the Privacy Policy or in the "Definitions" Section below.
1. Privacy Generally.
This Privacy Policy governs our use and management of your Personal Information (defined below) and other information, and applies to the Service, unless otherwise indicated or stated. This Privacy Policy does not apply to any other software, web sites, services, goods, other materials (tangible or intangible) or third parties, even if they are BeatBiz branded or are linked to/from any of our Services.
When you visit any Site co-branded by BeatBiz and one or more third parties or Affiliates (each a "Co-Branded Party"), a different privacy policy may apply to the Co-Branded Party’s use of your Personal Information or other information. Please refer to the "Co-Branded Web Sites" Section below for more information regarding these types of sites and offerings.
In order to use some of our Services, such as to register or download Software or to receive promotional or marketing communications that may be available through any of our Services, it may be necessary for you to provide Personal Information or other information. If you choose not to provide such Personal Information, you may not be able to do some or all of these things.
You must be at least 18 years of age to agree to accept this Privacy Policy on your own behalf and to provide Personal Information to us unless otherwise permitted by BeatBiz. If you are under 18 years of age but at least 13 years of age, your parent or legal guardian must accept this Privacy Policy (and all applicable Terms of Service and End User License Agreements) and transact with BeatBiz on your behalf (you may not transact with BeatBiz directly).
2. Acceptance of Privacy Policy.
You are acknowledging you have read, understand and agree to be bound by and comply with all of the provisions of this Privacy Policy if you do, or attempt to do, any of the following: (i) download, install, copy, or otherwise access or use all or any part of any of our Services; (ii) provide information through, on, or to the Service; (iii) select or click "I Agree", "I Accept" (or other comparable, reasonably equivalent, or similar words); or (iv) continue the registration or installation process. As a reminder, we use the terms "use" and "using" to mean any time you download, install, copy, transmit, access, initiate or utilize any of the capabilities, features or functions of our Services or if you attempt to do any of these things. If you do not agree to any provision of this Privacy Policy, click the icon or button that denotes "I Disagree" or "Cancel" (or any comparable, reasonably equivalent or similar words) and do not do or attempt to do any of (i) through (iv) above.
3. Notice To members - Your Privacy Rights.
A member who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") is entitled to request information about whether the business has disclosed his/her personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer affirmatively agrees to the disclosure (i.e., the customer opts in). Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. We do not share your Personal Information with third parties for their direct marketing purposes unless you consent. Customers may request information about our Privacy Policy by following the email instructions at www.sonycreativesoftware.com/privacyinfo. Please note that we are required to respond to one request per Customer each year and we are not required to respond to requests made by means other than through the use of the above-described email process. If you are registered with any of our Services, the instructions will ask you to indicate which Services you have registered with. This will assist us in responding to your request more efficiently and rapidly.
4. Special Notice to Parents Regarding Children Under 13.
BeatBiz recognizes the sensitivity of Personal Information concerning children under the age of 13 and is committed to complying with all applicable laws and regulations regarding the collection, storage and use of Personal Information concerning children under the age of 13, including the Children's Online Privacy Protection Act. We do not target, intend to collect or allow the collection, storage or use of any Personal Information or other information from anyone under 13. We do not and will not knowingly collect, maintain, store, use or disclose such information. If you are under 13, you should not use our Services or enter or otherwise provide any Personal Information or other information about yourself through our Services. If you are a parent or guardian who knows or has discovered your child under the age of 13 has submitted his or her Personal Information or other information without your consent, permission or authorization, once we verify you are the child’s parent or legal guardian, upon request, we will remove your child’s Personal Information or other information from our database. To request removal of your child's Personal Information and other information, contact administration and be sure to include the same user name, email address and password your child submitted. If you don’t know or are not sure, please contact our privacy administrator using the email instructions at: www.beatbiz.net.
5. Personal Information You Provide.
General. Please note that you are responsible for providing your most current, accurate and complete Personal Information or other information to us. If you provide your Personal Information or other information to us, you may be able to register Software or other products, make purchases from our online stores, participate in beta tests, contests, Promotions, trial offers, chat rooms, and on bulletin boards, receive emails, complete a registration, subscribe to newsletters or mailing lists, and purchase products, content and services using any of our Services. We may combine Personal Information or other information you provide to us with other information we collect from you or from third parties so that we can more effectively tailor our Services and offerings to you and our other users. Upon request, we will use reasonable efforts to allow you to inspect, update or correct Personal Information to the extent that changing the data will not compromise privacy or security interests. However, except as required by law, we reserve the right to charge a reasonable fee for you to inspect your Personal Information held by us.
Credit Card Information. You must provide your credit card or other payment information to obtain goods, content, products, memberships or services that require payment. We verify the validity of that information and use it only for credit and payment purposes. This information is only shared by us with third parties as necessary to authenticate and process your payments. Credit card information you submit during the registration process is handled over secure, encrypted connections; however, no Internet or wireless transmissions are completely secure and we cannot and do not guarantee that unauthorized access will never occur.
Promotional Information. We may ask you for Personal Information or other information at various times, including, but not limited to, the times you enter a promotion, contest, sweepstakes or respond to an offer (each, a "Promotion"). Requested Personal Information may include contact information (such as name, email address and shipping address), and demographic information (such as zip code and age). You may not be able to participate in a Promotion that involves or is sponsored jointly with a third party without granting us permission to share your Personal Information with the co-sponsor of the event or to the prize provider, promotional agency or administrator for the purpose of administering the event or offering. Participation in Promotions is completely voluntary and you always have a choice whether or not to participate.
Surveys. From time to time we may request that you participate in surveys to help us improve our Services or to better understand our online visitors, our users, registered users and subscribers. If you participate, Personal Information or other information you provide to us is provided voluntarily by you and you do so with the understanding and knowing that under our Privacy Policy, you are giving us your permission, and we reserve the right, to collect, store, process and/or use such Personal Information (and other information) for our internal purposes. We may also use it and for any other purposes and/or share it with anyone we disclose to you when we ask you to participate in the survey.
Customer Support. The Service may offer support and technical assistance via telephone or email. Whenever you communicate with customer support, you do so with the following understandings: (i) in order to provide the assistance you need, an operator and supervisor may view, use and revise your Personal Information (or any other information you may provide in your communications regarding support and assistance), and (ii) customer support may reply to you via email or phone.
6. Personal Information We Collect.
System Information. BeatBiz collects your computers’, systems’ and/or networks’ IP addresses and message information for system administration, record keeping, capacity planning, volume and other operational reasons, as well as for advertising and royalty reporting as necessary in the conduct of its business. When you use our Services, BeatBiz' servers record this information, which may be stored with your registration, order or other information you provide to us. This may allow us to determine which other web sites refer to BeatBiz.
Information About Your Visits. We collect and maintain Personal Information and other information about visitors to our Services, users of devices that access or use our Services, anyone who sends us information or communications, and recipients of our communications. Much of this information we may gather directly by asking (e.g., hobbies, interests, purchasing habits, music preferences, difficulties in using a particular feature), but we also aggregate information in a non-personally identifiable manner using our technology, such as visitors’ and users’ browsing or use activities, the domain from which a visitor accesses or clicks through to a Service, page views, downloads, streaming and the like. We use information from our visitors to enhance and customize our Services and the advertising and Promotions we make available to attempt to create a better experience. We aggregate information (meaning it does not identify any individual) to analyze trends and statistics to improve your online experiences, our Services, and customer support. If you visit or use the Services or have registered or provided us with Personal Information about yourself, it is likely that cookies (how we use "cookies" is described in the section below entitled "Cookies") allow us to identify you and associate you with your registration, your applicable Account, user name or ID, information and preferences.
Cookies. When you visit any of our Services, we may use technology commonly referred to as a "cookie" which stores small bits of data on your computer. While actual "cookie" technology is currently among the most common, we may use a wide variety of technological tools, means and mechanisms (e.g., XML technology, clickstream data, etc.) to help us improve and enhance the Services we provide. We will use the term "cookie" to refer to any and or all of these tools, means and mechanisms, whether they are currently available and in use, developed or discovered in the future or otherwise. We use cookies in a variety of ways. For example, we use cookies to save your user ID, Account number or other information (so you do not have to re-enter it each time you visit or use our Services) and to help us keep count of your return visits to our Services and, in some cases, to our advertisers’ or partners’ or co-branded Sites, which helps us determine which Services, Promotions, features, content and functions users like best. In general, browsers or separately purchased software tools may allow you to erase cookies from your hard drive or block or restrict a wide variety of these cookies. However, erasing or blocking cookies in connection with our Services may limit or restrict your ability to use all the features and functions of our Service. We may also use technology to detect the absence or presence of any versions of Software or Software updates installed on your computer and to track and monitor Content you are downloading, streaming, using or otherwise accessing. Any or all of these activities can occur periodically or when necessary, without any other specific notice to you. We may also use cookies to identify your computer each time BeatBiz automatically updates or attempts to update your Software. Cookies allow us to transmit and arrange for automatic installation of updates, modifications and even full re-installations of Software on your computer to address security, digital rights management, interoperability or performance issues or to enhance the range of features and functions available through our Services.
Computer ID. Some BeatBiz applications generate a computer identification ("ID") value during the installation process. This is a number that serves to identify your computer for licensing purposes only and contains no specific information about you, your computer, or any files or other data on your system. Computer ID values serve as an effective way to combat software piracy.
7. Using Your Personal Information.
Contacting You. Without your specific consent, we may communicate with you concerning any of the following: (i) your Service-related Accounts, (ii) your transactions, (iii) your use of any of our Services, (iv) Software or updates, (v) to provide you with Service announcements, and (vi) for customer support purposes (including responding to inquiries or requests you send to us). Unless you instruct us otherwise, we may also communicate with you about products, services, Promotions, or other activities we believe may be of interest to you. We will provide you with check boxes (some we may set to ‘opt in’ by default) which you can select or unselect, indicating your preferences regarding how and for what other purposes we may communicate with you. Pay careful attention to these settings since these generally will be set to "opt in" and you will be agreeing to receive information from us unless you uncheck or de-select the box to opt-out. You may be able to otherwise indicate your desire to obtain information about a particular choice by other means (such as an email request) or change in your profile preferences. If you are or become a recipient of our commercial communications, there are two ways you may opt out of receiving further commercial communications from us. To receive no further commercial communications from us, you may contact BeatBiz list maintenance (http://www.beatbiz.net/) and request to be opted out of all future commercial communications. In addition, in each commercial communication you receive from us, you will be given the opportunity to "Unsubscribe" or "opt out" from receiving future communications of that type. Please note, however, that using this second mechanism will not unsubscribe you from any other categories of communications with respect to any of our Services unless you specifically unsubscribe or opt out of receiving those communications as well. Of course, you can always contact the customer support staff for the particular Service involved who will be glad to assist you.
8. Sharing Your Personal Information.
General. We may share your Personal Information or any other information we may have for marketing purposes: (a) with any direct or indirect parent, subsidiary and/or affiliated companies and any company with the name "BeatBiz" as a part of its brand or trade name (collectively, our "Affiliates"); and (b) with third parties, if you have ‘opted in’ or you otherwise provide your consent for sharing with such third parties for marketing purposes.
We may also disclose your Personal Information we may have: (i) as required by law, regulation, governmental or judicial process or court order; (ii) as required to respond to an inquiry, request or complaint you have made; (iii) to persons or companies whom we engage to carry out or provide customer, technical or other support for the operations of our Services, our business, operations and activities; however, such persons and companies may not use such information for any other purposes unless you give your consent; or (iv) to protect the safety or property of you, our users, any third parties, the public, our suppliers, contractors, licensors or us and our Affiliates. We may also share aggregate information (but not Personal Information) about our visitors and users with advertisers, business partners, sponsors and other third parties. We may also share non-personally identifiable information concerning your use of and visits to our Services with third party affiliate marketing companies (e.g., companies that host advertisements and links to their clients’ web sites) for the purpose of measuring the effectiveness of marketing programs. These third party affiliate marketing companies will record pages you visit and, again, the information collected by these affiliate marketing companies is not personally identifiable.
Co-Branded Web Sites. When you visit or use a part of the Service that is co-branded, or that is a part of a joint promotion or co-promotion involving BeatBiz and one or more third parties (each a "Co-Branded Party"), you are providing and consenting to provide and are transmitting the Personal Information and other information collected, provided or obtained to BeatBiz and to each of the Co-Branded Parties involved, without any other notice or further express consent. This is because of the nature of the joint offering between us and the Co-Branded Party. Please remember we do not control any Co-Branded Parties’ use or treatment of information you provide to them and you should consult each of their privacy policies to determine your rights with respect to their use and treatment of your information. This means that the Personal Information and other information you provide or we obtain in this manner may be collected, stored and used by us and each Co-Branded Party involved, and unless there is a separate or supplemental co-branded privacy policy posted on or linked directly from the co-branded Site, your Personal Information will be collected, stored and used by us in accordance with this Privacy Policy and by each of the Co-Branded Parties in accordance with their individual privacy policies. Co-Branded Parties may contact you with commercial or promotional messages as may be stated in the privacy policy posted on the co-branded Site or the Co-Branded Party’s separate privacy policy, as applicable. Please review all the privacy policies that apply carefully because you must communicate with us and each Co-Branded Party directly, as applicable, if you decide you no longer wish to receive communications or if you wish to amend, change or revoke any information you supply.
Third Party Use of Information. Whenever another party (whether an Affiliate or otherwise) obtains or is otherwise provided your Personal Information (or other information) pursuant to this Privacy Policy, these other parties (including Affiliates) may use and treat your Personal Information in accordance with their respective privacy policies. You may revoke your consent for a third party or Affiliate to have your Personal Information or other information at any time, but to do so you must communicate directly with the applicable third party. We do not control and are not responsible for these other parties (including Affiliates), their privacy policies or their use or treatment of your Personal Information or other information. We make no representation regarding how any third parties (including Affiliates) use, manage, store, treat or maintain your Personal Information or other information and you should therefore carefully review all such third parties’ (including Affiliates’) privacy policies. If you unsubscribe from receiving communications from any third party (including any Affiliate), you will not automatically be unsubscribed from receiving communications you previously consented to receive from us. Similarly, if you unsubscribe from communications you have consented to receiving from us, you will not automatically be unsubscribed from receiving communications from a third party (including an Affiliate). We make no representation regarding how any third party uses, manages, processes, stores, treats or maintains your Personal Information or other information.
Affiliate Use of Information. If we provide an Affiliate with your Personal Information (or other information) pursuant to either this Privacy Policy (e.g., pursuant to the Section entitled "Sharing Your Personal Information - General"), an opt-in, or after obtaining your consent other than through this privacy policy, you will be notified that we have shared your Personal Information or other information and the name of the Affiliate that we shared with so that you can have an opportunity to review the Affiliate’s Privacy Policy. However, if we provide the name of the Affiliate in the opt-in or request for consent language, we will not provide this additional notice. Please note that for purposes of this Privacy Policy an Affiliate that is also a Co-Branded Party will be treated as a Co-Branded Party in all applicable manners.
Mergers, Acquisitions and Transfers. By using any of our Services, you will be deemed to have consented to the transfer, disclosure and use of any Personal Information or other information about you that we have obtained and that is governed by this Privacy Policy, by any owner, operator or successor to the assets of our Services, including any assignment, transfer, sale or license of all or any portion of our rights and to one or more of our Services. Your continued use of any or each such Service on or after the effective date of any such assignment, transfer, sale or license will be deemed your consent and agreement to be bound by all the terms and conditions and privacy policy of the subsequent owner, operator or successor.
9. Reporting Information. We are required to provide reports, without providing any Personal Information, to our licensors and owners of content available at the Service, concerning downloads, burns, transfers, viewing and listening to content and other information related to user activity, among other things, to ensure proper royalty payments by us to our licensors and content rights holders.
10. Communications With Friends. Some of our Services may have features that allow you to send information to others. Under no circumstances will we be responsible for any charges incurred by you or any other person that has access to your user name or passwords, your account or your email address. We may, but we do not have an obligation to, monitor your communications, such as messages, to, from, within or directly related to our Services to ensure that our policies regarding use and our terms and conditions are being complied with and not being violated (e.g., no obscenity, defamation or abusive language, no content that may infringe rights) and we have the right to block, remove and/or report any such communications and activities as appropriate. We may keep records of users’ messages and, among other things, the email addresses involved.
11. Security. Subject to and consistent with our Terms of Service, we take reasonable commercial precautions in maintaining the security and confidentiality of your Personal Information (and other information) and preventing unauthorized access. For example, when using your credit card on the Service, we use SSL (Secure Socket Layer) encryption with our credit card processors. Although we take these precautions in maintaining the security of your Personal Information (and other information), we cannot and do not guarantee that unauthorized access will never occur or that any communications over the Internet, telephone, wireless or other communications means will be uninterrupted, error free or not intercepted by others improperly and without authorization.
12. Links to Other Sites. BeatBiz may from time to time offer links to other websites from our Services. Other websites may also reference, advertise, or link to our Services. However, we do not endorse or sponsor other websites, are not responsible for the privacy policies, practices or the content of such websites, expressly disclaim any statements or assertions made on such websites, and deny all liability associated with your use of, and the content on, such other websites. You may arrive at one of these websites through clicking on a banner advertisement, as part of a co-branding arrangement, or simply by selecting a link on any BeatBiz Site page. These websites might issue their own cookies or collect Personal Information, so please use caution when visiting an external site. You should also be aware we sometimes permit third parties to offer subscription and registration-based services on our Site. BeatBiz is not responsible for the actions or policies of such third parties with respect to Personal Information or other information you may give them, and you should carefully read and understand the applicable privacy policy whenever you provide Personal Information to anyone.
13. Consent to Process Personal Information in the United States. By providing us any Personal Information or other information, all visitors, users and recipients of the Service, any communications, features, functions, Promotions or goods and services available from or through the Service, including without limitation visitors and users in the member states of the European Union (if permitted to visit and/or use any of our Services), fully understand and unambiguously consent to the collection, maintenance, use and processing of such information in the United States of America and/or in territories or countries outside of the United States of America and understand and acknowledge their consent, notwithstanding that some governmental authorities may consider the level of protection of such data in the United States not equivalent to that required within the European Union or any other jurisdiction.
14. Deleting or Changing Your Personal Information. For all Services, changes, amendments and/or deletions to your Personal Information or other information must be given directly to the Service to which such Personal Information or other information relates or has been provided. In addition, you may generally make changes, additions and/or deletions to your Personal Information in the "My Account" or profile section of the applicable Service, including changes to any consents and options you previously selected. If you have any difficulties making changes, you may send an email to customer support from the "Support" section of our Service. To change any personal or other information you may have provided to a third party (including any Co-Branded Third Party) you must communicate directly with the third party as described in this Privacy Policy, since their privacy policies, not us or ours, govern their use of your information including Personal Information. We will not exchange or provide any such changes, amendments and/or deletions to any other party, including our Affiliates. Changing your Personal Information through customer support or the "My Account" or profile section only affects the Personal Information in connection with that Service and if you have provided Personal Information to more than one Service, you must contact each Service separately to change your Personal Information in each. We also remind you that to obtain information about how any third party treats or uses your information or if you wish to amend, change or revoke any of your information provided to a third party, including a Co-Branded Party, you must communicate with each of these third parties directly.
To the extent your Personal Information is no longer required by law, regulation, our internal audit, archive, marketing or record keeping or other policies or practices, upon your request, we will use commercially reasonable efforts to remove access to it from our active database; however, we have the right to maintain backups, archives, auditable records and records of deletions to comply with law, regulation or to satisfy our internal policy and requirements even if your Personal Information is no longer available in any of our active databases. Some Personal Information (e.g., age, birth date) may not be deleted or changed or we may require you (or a parent or legal guardian) to contact us with proof that an error was made in entering such information in order to process a change.
15. Changes to Our Privacy Policy. We reserve the right to change this Privacy Policy at any time and from time to time. Accordingly, we recommend and encourage you to check back frequently to be sure you have reviewed the most current Privacy Policy provisions and remain aware of those provisions of the current version of the Privacy Policy that apply to you. In case of any material change to the Privacy Policy, we will change the "Privacy Policy" links on the Services for all or any of the Services affected to links entitled "Privacy Policy Updated XX/XX/XXXX" for at least 30 days. All changes to the Privacy Policy will be effective when posted and your continued use of any of our Services after the posting will constitute your acceptance of, and agreement to be bound by, all the changes.
16. Definitions.
"Account" refers to any account that you have registered with the Service.
"Offerings" refers to all offers, operations, activities and Promotions associated with or available through the Site and Software.
"Personal Information" means personally identifiable information, including, without limitation, your email address, name, mailing and/or billing address, telephone number, credit card number, expiration date and other security/identification information.
"Service" or "Services" means (i) the Site, (ii) the Software, (iii) the Offerings, and (iv) all updates to the Site, Software and Offerings, collectively and individually.
"Site" refers to the web sites www.sonycreativesoftware.com www.acidplanet.com and any other web sites hosted by BeatBiz at which this Privacy Policy is posted, including those web sites where this Privacy Policy is hosted that are co-branded BeatBiz and a third party or Affiliate.
"Software" refers to any and all proprietary software programs, applications and updates provided or made available by us for use in conjunction with any one or more of our Services. In the case of Software downloaded to and/or installed on the hard drive of your personal computer and/or on your wireless or mobile device, you agree that updates and security components that permit digital files to be protected, streaming, access and/or use to occur only as permitted by our Terms of Service (including any end user license agreement) and the usage rules set by us, any licensor or content rights holders, may be subsequently installed, re-installed and updated on your personal computer or your registered wireless or mobile device automatically and without further specific notice.
17. Questions. If you have any questions or comments about this Privacy Policy or any aspect of our collection, processing, storage or use of your Personal Information or other information held by BeatBiz, please write or email us at (when emailing us, if you are registered with any of our Services, please indicate in your email which Services you have registered with):
BeatBiz
1 Fast Lane, Hythe, Soton, Hants, United Kingdom
You may also contact us by following the email instructions on the web at: http://www.beatbiz.net/
© 2008 BeatBiz All Rights Reserved.