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LAST UPDATED: May 25, 2007
Privacy Policy
Lightspeed Audio Labs, Inc. ("Lightspeed," "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 our web site located at http://www.jamnow.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 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 Lightspeed from the United States, and is not intended to subject Lightspeed to the laws or jurisdiction of any state, country or territory other than that of the United States. Lightspeed 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.
Note Regarding the Use of This 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 Lightspeed Collect From Me?
Lightspeed 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.
a. 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 to use the virtual recording studios that Lightspeed provides), we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us.
b. Non-Personally Identifiable Information. When you visit and interact with the Site, Lightspeed and third parties with whom Lightspeed has contracted to provide services to Lightspeed may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from four different sources: server log files, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
i. 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.
ii. 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.
iii. 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.
iv. Information That You Voluntarily Provide. Lightspeed also collects Non-PII (e.g., your interests, what instruments you play 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 have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
2. How Does Lightspeed Use Information Collected on the Site?
a. Personally Identifiable Information. We may use your PII in the following ways:
i. Fulfillment of Requests. Lightspeed may use your PII to fulfill the purpose for which such PII was provided (e.g., to confirm your registration, send you a newsletter or fulfill your purchase).
ii. 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.
iii. Marketing Communications. If you choose to opt-in, from time to time, we may use your PII to inform you of products, programs, services and promotions that we believe may be of interest to you. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see Section 4.d (“Opt-In Policy”) below for more information on how to proceed.
iv. Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase. We may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.
v. Internal Business Purposes. We may also use your PII for our internal business purposes, such as data analysis, audits, to improve our services, to target content and/or advertising to you and so forth.
vi. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. We may use such PII to contact you regarding your Promotion entry, or to contact you if you win a 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 Lightspeed's 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.
vii. E-mails to Friends. We may provide functionality to permit you to send messages regarding Site-related content (such as an invitation to view content on the Site) 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.
viii. Profiles. You may post certain information and materials on your “profile page” (your “Profile”). We may use the information you provide in your Profile to match you with other users based on the criteria that you or such other users provide or to target content and/or advertising to you.
b. 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 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 as PII as long as it is so combined (see 2.a above).
3. How Is Personally Identifiable Information Collected on the Site Disclosed?
i. 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.
ii. User Communications. Please note that other users may be able to contact you through the Site (for example, to invite you to a jam session).
iii. 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 at any time you change your mind and prefer that we no longer share your PII with third parties for their marketing purposes on a going-forward basis, please see Section 4.d (“Opt-In Policy”) below for more information on how to proceed.
iv. Promotions. If you choose to opt-in, we may share PII that we collect in connection with Promotions 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 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.
v. Profiles. Please note that your Profile, including all PII available on your Profile, may be searchable and viewable by other users. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, in your Profile. We may use the information that you choose to make public in your Profile to feature you in newsletters, on our homepage or otherwise.
vi. Forums. We and/or our third-party service provider(s) make available through the Site interactive services (including, as examples only, and without limitation, virtual recording studios, message boards, comment functionality and blogs) to which you are able to post materials (each, a "Forum"). Please note that any information you disclose through a Forum becomes public information, and may be available to other visitors to the Site and to the general public. For example, any oral/spoken comments that you may make in virtual recording studios, may be recorded, and may subsequently be made available to visitors to the Site and to the general public.
In addition, when you choose to make a posting or other submission on or through a Forum, certain PII will be available for other users to view, for example, via a link to your Profile. 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 ANY FORUM OR OTHERWISE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PII YOU DISCLOSE ORALLY IN VIRTUAL RECORDING STUDIOS. WE URGE YOU TO BE EXTREMELY CAREFUL WITH YOUR PII WHEN USING THE SITE.
vii. Assignment. We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Lightspeed's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
viii. Law Enforcement; Emergencies; Compliance. Finally, 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 of Service; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Lightspeed, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
4. Other Important Notices Regarding Our Privacy Practices.
a. Third Party Sites. The Site may contain links to third party web sites. These linked sites are not under Lightspeed'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 Lightspeed. 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.
b. Third Party Advertising Vendors. We may use third party advertising vendors (“Third Party Advertising Vendors”) to serve advertisements on the Site. Please note that Third Party Advertising Vendors may use cookies and other technologies to, among other things, enable such Third Party Advertising Vendors to record which ads your browser has accessed and which Site pages you may have been viewing when such ads were delivered. For more information about these cookies and other technologies, and how to "opt-out" of information collection by Third Party Advertising Vendors, you may visit http://networkadvertising.org/optout_nonppii.asp.
c. Security. We seek to have security measures and tools 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. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. 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 "Contacting Us," below (note that physical mail notification will delay the time it takes for us to respond to the problem).
d. Opt-In Policy. If you choose to opt-in, we may use your PII to send messages to you regarding products, programs, services and promotions that we believe would be of interest to you. If at any time you change your mind and no longer wish to receive marketing communications from us, you may opt-out of such marketing communications by following the “unsubscribe” instructions in the latest such message you have received from us. We will endeavor to comply with your request as soon as reasonably practicable.
Additionally, if you choose to opt-in, we may share your PII with third parties for such third parties’ marketing purposes. If at any time you change your mind and prefer that we no longer share your PII with third parties for their marketing purposes, you may opt out of such disclosures on a going-forward basis by changing your preferences in your Profile, or sending us an e-mail at support@lightspeedaudiolabs.com. We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your PII from the databases of third parties with which we have already shared your PII (i.e., to which we have already provided your PII as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related e-mails from such third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related e-mails.
e. Changing or Removing Your PII. If you would like to review, correct, update or remove PII that you have previously provided to us through the Site, you may do so by updating your Profile. Please note that 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 removed therefrom. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared your PII.
f. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at support@lightspeedaudiolabs.com. 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.
