Privacy Policy

Indie Artist Resource (“IAR”) is concerned about online privacy issues and wants you to be familiar with how IAR collects, uses and discloses your Personal Information (as defined below).  This Privacy Policy (the “Policy”) describes IAR’s practices in connection with Personal Information and Non-Personal Information (as defined below) that IAR collects through web sites owned or controlled by IAR, including www.indieartistresource.com and the site from which you are linking to this Policy (the “Site”).  For purposes of this Policy and protection against liability, IAR’s artists, affiliates, related companies, officers, owner(s), shareholders, directors, employees, representatives, and agents shall be known as “IAR Affiliates”.   This Policy does not govern IAR’s 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 IAR’s Affiliates, or by third parties.  To the extent that you submit any Personal Information to any third party (for example, via a third-party software application or service that is available through or included in the Site), such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and not by this Policy (in any event, IAR is not responsible for the information collection, usage and disclosure practices of 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.  IAR reserves the right to change this Policy without prior notice.  Any changes to this Policy will become effective upon the 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 IAR from the United States; accordingly, this Policy, and IAR’s collection, use and disclosure of your Personal Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States.  IAR 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.  IAR may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction of IAR’s choice, at any time and in IAR’s sole discretion.  By using the Site and submitting any Personal Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personal 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 IAR requests that such individuals do not provide Personal Information through the Site.

1.     Types of Information IAR Collects 

IAR gathers three basic types of information through the Site: “Personal Information” (or “PI”), “Legal Personal Information” (or “LPI”), and “Non-Personal Information” (or “Non-PI”).  Personal 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.  Legal Personal Information is detailed information provided specifically in relation to the preparation or order of any product or service requested through the Site, or other IAR Services (as defined in the Terms and Conditions). Non-Personal Information is aggregated information, demographic information, IP addresses, and any other information that does not reveal your specific identity.

a.     Personal Information.  You do not have to provide PI to view 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, to view certain areas of the Site, or to make purchases through the Site), you may be required to furnish PI.  IAR collects PI from you through the Site only when you voluntarily provide it to IAR.

b.     Legal Personal Information. You may need to provide LPI to complete your order of any IAR Services through the Site. For example, this type of information may include but is not limited to information needed to complete a search, registration, or other matter and may include, but is not limited to, identifiable information such as band members or arrangements or agreements between band members; or names and examples of music or other creative works, or names or logos for registration, etc. For the purposes of fulfilling your order, IAR requests LPI from you at the time or after you submit an order and collects said LPI from you only when you voluntarily provide it. LPI will be used solely to complete your order of the IAR Services and register and/or deliver said IAR Services. LPI is treated separately from regular PI and will not be shared with third parties except as necessary to complete, register, and deliver your order of the IAR Services.

c.     Non-Personal Information.  When you visit and interact with the Site, IAR and third parties with whom IAR has contracted to provide services to IAR may collect Non-PI.  Non-PI is generally collected through the Site and may include:  web/technical data, cookies, pixel tags and other similar technologies, and information that you voluntarily provide.

i.     Web/Technical Data.  IAR may collect general data such as the type of browser you are using, your internet service provider, your IP address, the time and length of your visit to the Site, the pages you view on the Site and the order in which you view them, and the site you last visited before visiting the Site, your MAC address, your computer type (Windows or Macintosh), your screen resolution, OS version, Internet browser and browser version, and cookies.  While viewing e-mails from the Site, IAR may also collect information such as the number of people who open IAR’s emails or click in a link in an e-mail. The collection of this type of information is standard practice by most websites for use in maintaining and enhancing website functionality. 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; however, declining the use of said cookies may impair your use of the Site and your experience using the Site.

ii.     Pixel Tags.  IAR and IAR’s 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 (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives.  Pixel Tags allow IAR 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.

iii.     Flash Local Stored Objects. IAR and IAR’s service providers may use a third-party technology, called Flash, in connection with the Site or IAR’s online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a web site operator or online content provider, or their service providers, to store certain information locally on an individual’s computer; for example, Flash LSOs can be used to store information regarding an individual’s computer.

If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or IAR’s online content. IAR expects IAR’s service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but IAR cannot guarantee that they will do so.

d.     Information That You Voluntarily Provide. IAR also collects Non-PI (g., your interests, your geographic location, etc.) when you voluntarily provide such information to IAR.  When such information is not combined with any PI, such information is considered to be Non-PI, as it does not personally identify you or any other user.  Additionally, IAR may aggregate PI in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PI to calculate the percentage of Site users who like a particular site feature.  Such aggregate information is considered Non-PI for purposes of this Policy.

2.     Ways IAR Uses Collected Information.

a.      Personal Information.  IAR may use PI about you in the following ways, including but not limited to:

i.      Fulfillment of Requests.  IAR may use PI about you to fulfill the purpose for which such PI was provided (e.g., to send newsletters to you or fulfill your purchase).

ii.  Administrative Communications. From time to time, in IAR’s sole discretion, IAR may use PI about you to send to you important information regarding the Site, or changes to the Site’s Terms and Conditions and/or other policies.  Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.

iii.    Other Communications.  If you affirmatively opt-in to receive marketing messages from IAR, IAR may use PI about you to inform you of any products, programs, services and promotions of IAR’s that IAR believes may be of interest to you.  If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.c. (“Opt-Out”) below.

iv.     Purchases.   IAR may use third-party payment services (each, a “Payment Service“) to collect payments for purchases made through the Site.  If you wish to make a purchase through the Site, you may be directed to a web site or other online service that is hosted by a Payment Service (each, a “Payment Service Page“) and not by IAR.  Any PI that you provide through a Payment Service Page will be collected by the applicable Payment Service and not by IAR or IAR Affiliates, and will be subject to such Payment Service’s privacy policy, rather than this Policy.  IAR and IAR Affiliates have no control over, and shall not be responsible for, any Payment Service’s use of information collected through any Payment Service Page.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH ANY PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.

Notwithstanding the foregoing, if you seek to make a purchase through the Site, IAR may collect your credit card number or other payment account number or information (for example, your bank account number or wireless 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.  If applicable, IAR may also provide such Payment Information, or other PI 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-PI, use of such Non-PI is governed by Section 2.b. below.

v.     Third Party Service Providers.  IAR may work with third parties who provide services including but not limited to data analysis and collection, hosting, order fulfillment, and other services of an administrative nature.  IAR reserves the right to share PI about you with such third parties for the purpose of enabling these third parties to provide such services.

vi.     Internal Business Purposes. IAR and IAR Affiliates may also use PI about you for IAR’s internal business purposes, such as data analysis, audits, and so forth.

vii.     Assignment.  IAR reserve the right to transfer any and all information that is collected from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, disaffiliation, transfer, or other disposition of all or any portion of IAR’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

viii.    Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, IAR and IAR Affiliates reserve the right to disclose PI about you to others as IAR and IAR Affiliates believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce the Site’s Terms and Conditions; (e) to protect IAR’s operations or those of any IAR Affiliates; (f) to protect the rights, privacy, safety or property of IAR, IAR Affiliates, you or others; and (g) to permit IAR and IAR Affiliates to pursue available remedies or limit the damages that IAR and/or IAR Affiliates may sustain. For example, IAR and/or IAR Affiliates may, to the fullest extent the law allows, disclose PI about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

b.     Non-Personal Information.  Because Non-PI does not personally identify you, IAR and IAR Affiliates may use such information for any purpose.  In addition, IAR and IAR Affiliates reserve the right to share such Non-PI, which does not personally identify you, with third parties, for any purpose. In some instances, IAR and/or IAR Affiliates may combine Non-PI with PI (such as combining your name with your geographic location), and if so, the combined information will be treated as PI hereunder as long as it is so combined (see Section 2.a. above).

3.     Other Important Notices Regarding Privacy Practices.

a.   Third Party Sites.  The Site may contain links to third party web sites.  These linked sites (including without limitation the web sites of IAR Affiliates or other third parties) are not under IAR’s control and IAR and IAR Affiliates are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site.  IAR provides such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of, or IAR’s affiliation with any provider of, the linked site by IAR or IAR Affiliates.  If you provide any PI through any such third party web site, your transaction will occur on such third party’s web site (not the Site) and the PI you provide will be collected by, and controlled by the privacy policy of, that third party.  It is recommended 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 OTHER WEBSITE ASIDE FROM THIS SITE.

b.   Security.  IAR uses reasonable organizational, technical and administrative measures to protect PI under IAR’s control.  Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under IAR’s control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  As a result, although IAR strives to protect your PI, IAR and IAR Affiliates cannot ensure or warrant the security of any information you transmit to IAR through or in connection with the Site or that is stored by IAR.  IAR also seeks to strike a balance between the security of your data and your convenience because customers may attach value to both.  As a result, IAR may often use a method of communication that is less secure than other, less convenient alternatives.  For example, certain data you send to IAR, including PI, may be sent to IAR 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 PI about you may be transmitted over the Internet in unencrypted form, please do not provide IAR with any PI.  If you have reason to believe that your interaction with IAR 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 IAR of the problem by contacting IAR in accordance with Section 3.d. (“Contacting IAR,”) below (note that if you choose to notify IAR via physical mail, this will delay the time it takes for IAR to respond to the problem).

c.     Opt-Out.  If you would prefer not to receive marketing-related e-mail messages from IAR or IAR Affiliates, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from IAR or IAR Affiliates, 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.

d.     Contacting IAR.  If you have any questions regarding this Policy, please contact IAR by e-mail at legal@indieartistresource.com, or please write to the following address: Erin M. Jacobson, Esq., 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210, Attn: IAR Website.

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.

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