Updated as of May 25, 2018
(2) WHAT PERSONAL INFORMATION DOES TOPSPIN COLLECT?
The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Website. In connection with the Website, we may request and display some personal information to other users and visitors of Website, which allows users to identify each other. We collect the following types of information from our customers.
(3) WHAT PERSONAL INFORMATION DO YOU PROVIDE TO US?
We receive and store any information you enter on our Website or provide to us in any other way. The types of Personal Information collected include, without limitation, your full name, email address, IP address, browser information, password, contact information, phone number, transactional information based on your activities on the Website, and media consumed on the Website including, but not limited to, media viewed, played, downloaded, uploaded, and shared. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for purposes such as responding to your requests for certain products and services, allowing you to interact with other users, customizing the advertising and content you see, and communicating with you about specials, sales offers, and new features.
(4) WHAT PERSONAL INFORMATION IS COLLECTED AUTOMATICALLY?
We receive and store certain types of information whenever you interact with our Website or services. Topspin automatically receives and records information on our server logs from your browser including your IP address, cookie information, the page you requested, and the media you have consumed (e.g., viewed, played, downloaded, uploaded, and shared).
Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Website and its components, similar to TV ratings that indicate how many people watched a particular show. This type of data enables us to figure out how often customers use parts of the Website or services so that we can make the Website appealing to as many customers as possible, and improve those services. As part of this use of information, (i) we may provide information to the content owners that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), and (ii) we may provide aggregate information to our partners about how our customers, collectively, use our Website (e.g., we share this type of statistical data so that our partners also understand how often people use their services and our Website, so that they, too, may provide you with an optimal online experience).
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. We collect Device Information using the following technologies:
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit cards, email address, and phone number. We refer to this information as “Order Information”.
We may collect information from you in several different areas on the Site, including but not limited to those described below:
You may be asked first to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to take advantage of certain features the Site may choose to offer, including, but not limited to, Newsletters, Contests, Forums, Fantasy or other subscription based services.
Newsletters and Site Emails
We may offer free newsletters to share information with you about the Site, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a special feature or membership for which you have registered on the Site. You may cancel your free email subscription by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.
Contests or Sweepstakes
Surveys or Voting
From time-to-time we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.
If you use our bulletin board, blog, or chat room on this Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. To request removal of your personal information from our blog or community forum, contact us at the email address listed below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or hashed (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies.
IP Addresses and Click-stream Data
We may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address.
Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.
If you order any information from our Site, buy any of our products or subscribe for any of the services offered on our Site, we will ask you to complete an order form that will request certain information from you, including financial information such as a credit card number and expiration date and general contact, billing and shipping information. We will use this information to complete the transaction that you have requested, i.e., to deliver the information, products or other services that you order, and to invoice you. Such information is collected and stored through encrypted means for your protection.
(5) BLOCKING COOKIES AND WEB-BASED TRACKING TECHNOLOGIES
If you are interested in blocking cookies and other web-based tracking technologies, we suggest exploring the following browser plug-ins and extensions.
If you are interested in blocking cookies and other web-based tracking technologies, we recommend exploring the following browser plug-ins and extensions:
(6) GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
While we believe this disclosure of your information will result in opportunities that may be of interest to you, you have the right to tell us not to give your information to any third party. If you want TopSpin Media to keep all of your information we have collected confidential and not share it with any third party, please either email us or mail your written request to:
3120 W. Empire Avenue
Burbank, CA 91504
or email: email@example.com
Your request must include your name, email address, mailing address and must be signed. (Signature only required for written request sent by regular mail). Please allow six weeks to process your request. After your request has been fulfilled, the only intentional disclosures we will make are those required by law.
(7) WHAT PERSONAL INFORMATION IS COLLECTED BY THIRD PARTIES?
(8) IS PERSONAL INFORMATION ABOUT ME SECURE?
Your Topspin account Personal Information may be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The security of your personal information is important to us. If you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). This security also applies to sensitive information collected on our Widgets.
(9) WILL TOPSPIN SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to other people or non-affiliated companies. We may share your Personal Information when we have your permission, and we may share your Personal Information under the following circumstances:
Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through the Website, for example, the bands, musicians and other artists from which you purchase or use products or services through the Website. In other situations, Topspin provides services, or sells products jointly with affiliated businesses. Usually, you will be able to easily recognize when an affiliated business is associated with your transaction. We will share Personal Information with that affiliated business.
Agents: We employ other companies and people to perform tasks on our behalf relating to the services we provide. Examples of such information include, without limitation, fulfilling orders, delivering packages, sending postal mail and email, analyzing and gathering data, processing credit card information and providing customer service. By using our services, you consent to our sharing of Personal Information for the above purposes. Use by such service providers of personal information is governed by their privacy policies.
User Profiles: User profile information including users’ name, email address, contact information, and other information you provide ("User Submissions") may be displayed to artists to facilitate direct communication with artists and users. Topspin artists and their colleagues can see this third party personal information when they use their portal. User profiles may be created by combining your information with other sources of information such as information obtained from public databases. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions.
Third Party Advertisers: Topspin may serve third-party ads on or through the Website. In that event, we may share certain information about you with such advertisers and/or with advertising networks so that advertisers can present you with offers that are relevant to you. See "What Choices Do I Have?" below for opt-out information.
Aggregated Information: We may share aggregated information that includes your Personal Information, non-personally identifying information and log data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. See "What Choices Do I Have?" below for opt-out information.
Business Transfers: If Topspin, or substantially all of its business or assets, was acquired, or in the unlikely event that Topspin goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge that such transfers may occur in any of these circumstances, and that any acquirer or successor of Topspin may continue to use your Personal Information as set forth in this policy.
Protection of Topspin and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Topspin, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth herein, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
As we mentioned above, we use some third parties to help us provide you with our services. These third parties have their own privacy policies, which you can view through their respective websites. Some of these third parties add cookies to your browser; if you do not want them to do this, you can disable third party cookies in your browser’s settings.
To help you identify what information is collected and how it is used, we prepared a list of some of these third parties for you:
(10) WHAT PERSONAL INFORMATION CAN I ACCESS?
Topspin allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information by sending us an email to firstname.lastname@example.org This list will change as our Website changes:
We will retain your information for as long as we need to in order to provide you services. If you wish to request that we no longer use your information to provide you services, please contact us at email@example.com . We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
(11) WHAT CHOICES DO I HAVE?
You are able to add or update certain information on pages, such as those listed in the "What Personal Information Can I Access" section above. We will respond to your email request within 30 business days. When you update information, however, we may maintain a copy of the unrevised information in our records.
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain Topspin features. You can also opt-out of or block all of the technologies that we use by following the instructions mentioned earlier in this policy.
For more information on advertising and opt-out cookies, visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.rapleaf.com/opt_out
(12) HOW DO WE COMMUNICATE?
Topspin provides a marketing tool via the Website to allow artists and their representatives to market and distribute their media directly to users of the Website through e-mail, phone/voicemail and other forms of communication. If you are a fan of Topspin and want to subscribe to our newsletter, you can do so by entering your email address on our Website. We often receive a confirmation when you access a message from Topspin. Topspin uses this confirmation to improve the effectiveness of the marketing. If you do not want to receive communications from us or the artists who use Topspin’s platform, please click the unsubscribe link contained at the bottom of any email sent using Topspin’s service. Note however that you cannot unsubscribe from some administrative emails, such as order or shipment confirmations.
(13) CHILDREN’S ONLINE PRIVACY PROTECTION
Some of our artist’s sites may be reasonably attractive to children. We do not intend to collect personal information from children under the age of 13, and if we find out we have collected this information, we will dispose of it immediately. Additionally, when our artists are aware that their music and other content may be reasonably attractive to children, we provide them with tools to ask for a user’s date of birth and prevent the collection of personal information from children under 13.
(14) HOW DO TOPSPIN WIDGETS WORK?
Some of our Widgets have an "Email a friend" feature. If you choose to use our referral service to tell a friend about an artist, we will ask you for your friend’s email address. The Widget will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
(15) WHAT BEHAVORIAL TRACKING DATA DOES TOPSPIN COLLECT USING CLEAR GIFS (WEB BEACONS/WEB BUGS)?
Topspin and companies providing services to or on behalf of Topspin (such as advertising partners, affiliates, and exchanges) use web beacons/page tags (1x1 pixels), to collect non-personally identifiable information about your activities when you visit the site. The data collected and tracked by the service is anonymous. Behavioral tracking information through web beacons does not collect, track, or require access to any personally identifiable information about any such visitors. This website uses web beacons to inform, optimize, and serve ads based on someone’s past visits to this website, or websites within advertising partners, affiliates, and/or exchanges. The data may include your location information associated with your IP address, web pages requested or viewed, date, time, domain and responses to advertisements. Information gleaned from your browser is automatically received and recorded.
Topspin and/or its service providers, affiliates, and exchanges collecting non-personally identifiable information may use this information to advertise to you. Topspin and companies providing services to or on behalf of Topspin (such as advertising partners, affiliates, and exchanges) may collect information about when your saw ads served to you and what ads you clicked on. Topspin and companies providing services to or on behalf of Topspin may also use and disclose non-personally identifiable data derived from our advertising campaigns for reporting purposes, for scheduling and optimization of content delivery and, of course, if they are required to do so by law.
(16) HOW TO OPT OUT OF CONSUMER BEHAVIORAL TRACKING
You may opt out by following the consumer opt-out instructions on the National Advertising Initiative's website. http://optout.networkadvertising.org/?c=1#!/
Opting out lets you opt out of ads shown to you based on factors such as your interests and demographic details on your computer’s browser. Opting out does not do the following:
If you are interested in stopping ads altogether, we recommend using a web plug-in such as https://adblockplus.org which works across multiple browsers and operating systems.
(17) ABOUT EU SAFE HARBOR AND US SWISS SAFE HARBOR FRAMEWORKS
Topspin complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Topspin has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Topspin’s certification, please visit the U.S.-EU & U.S.-Swiss Safe Harbor Frameworks on at http://www.export.gov and https://www.export.gov/safeharbor_eu
(18) LIMITATION OF LIABILITY By providing us with any personal information you expressly and unconditionally release and hold harmless TopSpin Media, LLC, its owners, members, managers, shareholders, officers, directors employees and agents and each of their subsidiaries, affiliates, directors, officers, employees and agents (collectively, the “Releases”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information. In addition, while TopSpin Media takes efforts to ensure the proper and appropriate use of TopSpin Media data provided by TopSpin Media to third party companies, promotional partners or vendors, the Releases are not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information by such third parties.
If you need to contact Topspin for any reason or you have further questions about our policy, you can do so at the following address and email address:
Topspin Media, Inc.
3120 West Empire Avenue
Burbank, CA 91504