DISTRIBUTION: PRIVACY POLICY


Vicious Buzz, LLC. (“we” or “Vicious Buzz”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By using the products and services offered by us, directly or through our application, you accept and agree to the practices described in this Privacy Policy. This Privacy Policy describes how we collect, use and share information collected with our partner, Stem, using the Stem App and through other Stem online services, including Stem’s data processing services (collectively, the “Stem Network”).We provide this Privacy Policy to help you make an informed decision about whether to use or continue working with us and using the Stem Network.

This Privacy Policy is incorporated into and is subject to the Stem Terms of Service. Your use of the Stem Network and any personal information you provide on the Stem Network are subject to the terms of this Privacy Policy and our Terms of Service.

 

1.     INFORMATION COLLECTED

A.             User Provided Information: You may provide Stem with certain information by which someone could personally identify you such as your name, email or unique username (“Personally Identifiable Information”), as well as information about yourself by which someone could not personally identify you (“Non-Personally Identifiable Information”) when participating in various activities on the Stem Network. We will refer to Personally Identifiable Information and Non-Personally Identifiable Information collectively as “Personal Data”. In addition to providing us with Personal Data directly, and only if you authorize us to do so, we may access the Personal Data that you have provided third party Internet sites and services (for example, YouTube, SoundCloud or Google) through the use of an application programming interface.

B.             Usage Data: As described in this section, we automatically collect certain information when you use the Stem Network (“Usage Data”). Usage Data includes the information that your web browser automatically sends to our servers whenever you visit. The Usage Data collected in our server logs may include information such as your web request, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. We send the cookies to your browser when you use the Stem App. We may use Adobe Flash technology that remembers settings, preferences and usage in a manner similar to browser cookies, but which is managed through a different interface than the one provided by your web browser. You can set your web browser and Adobe Flash Player to refuse all cookies. However, some features of the Stem Network may not function properly if the ability to accept cookies is disabled. In addition, the Stem Network may use third party analytic software (for example, Google Analytics) to collect further Usage Data regarding the online usage patterns of our users. We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user.

2.     THE WAY WE USE INFORMATION

A.             We may use your Personal Data and Usage Data (together, “User Information”) to operate, maintain, improve and provide to you the features and functionality of the Stem Network and for related business purposes.

B.             We may use your email address or other Personally Identifiable Information to send you marketing messages about the Stem App, new Stem products and services, any Stem updates or as part of a specific program or feature. You will have the ability to opt-out of such use. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of important Stem App changes or for customer service purposes).

C.             We use your User Information to (a) improve the quality and design of the Stem Network and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends; (b) remember information so that you will not have to re-enter it during your visit or the next time you visit the Stem Network; (c) provide custom, personalized content and information, (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your uses of the Stem Network.

3.     INFORMATION THAT WE MAY DISCLOSE

A.             We may provide your User Information (including Personally Identifiable Information) to third-party service providers that are integrated with and provide a portion of the functionality of the Stem Network (our “Partners”).  For example: (i) we may host portions of the Stem Network with our Partners; and (ii) we may process payments using Partners who are third-party payment processors. Any such User Information is provided directly to the Partner and is subject to that Partner’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of our Partners.

B.             We may share Non-Personally Identifiable Information and Usage Data (such as anonymous user usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with certain third-parties to assist such third parties in understanding the usage patterns for certain content, services, and/or functionality on the Stem Network.

C.             We may release any User Information: (i) if required to do so by law, or in the good-faith belief that such action is in compliance with state and federal law or in response to a court order, subpoena, legal process or search warrant, (ii) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service, exercise our legal rights, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Stem Network, and to protect the rights, property, or personal safety of Stem, our users or others, (iii) to any current or future acquirer, parent company, affiliated entity, joint venture, or other entity controlled by, controlling, or under common control with us (in which case we will require such entities to honor this Privacy Policy); or (iv) or as described herein.

4.     YOUR CHOICES

A.             You may, of course, decline to submit Personally Identifiable Information through the Stem Network, in which case Stem may not be able to provide certain services to you. You may update or correct your Personal Data and email preferences at any time by visiting your account’s profile page.

B.             Please feel free to contact us with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices using the contact information in Section 11 below.

5.     OUR COMMITMENT TO DATA SECURITY

Stem uses physical, managerial, and technical safeguards to preserve the integrity and security of your User Information. Such safeguards include requesting a unique password to verify your identity before granting access to your account. We cannot, however, ensure or warrant the security of User Information you transmit to Stem and you do so at your own risk. You are responsible for maintaining the secrecy of your unique password and account information at all times. Once we receive your User Information, Stem makes commercially reasonable efforts to ensure the security of our systems, but please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

6.     CHILDREN’S PRIVACY

Stem does not knowingly collect or maintain Personal Data on or through the Stem Network from persons under 13 years of age, and no part of the Stem Network is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Stem Network at any time or in any manner. If we learn that Personal Data of persons under 13 years of age has been collected on the Stem Network, we will take the appropriate steps to delete this information from our systems. If you are a parent or guardian and discover that your child under 13 years of age has provided Personal Data to us, then you may alert us at [l]@stem.is and request that we delete your child’s Personal Data from our systems.

7.     SPECIAL NOTE TO INTERNATIONAL USERS

The Stem Network is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Stem Network from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure, that differ from United States laws, please be advised that your continued use of the Stem Network will be governed by United States law, this Privacy Policy, and our Terms of Service. Information about you that we collect or that you submit may be transferred to, processed in, and held in countries other than the one in which you reside including countries such as the United States which the European Union has deemed do not provide “adequate” protection for personal information.

8.     IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, assignment, assumption or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your User Information is treated, transferred or used, and you consent to the transfer of your User Information to any third party successors or assigns.

9.     CHANGES AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy may be revised periodically and this will be reflected in the “date last modified” set forth in Section 10 below. If you login to the Stem Network after an update to this Privacy Policy, we will advise you of the update. Your continued use of the Stem Network following such update constitutes your agreement to the revised Privacy Policy.

10.  DATE LAST MODIFIED

This Privacy Policy was last modified October [l], 2015.

11.  QUESTIONS, DISPUTES AND CONTACT INFORMATION

If you wish to access or modify your User Information, or if you have any dispute regarding your User Information, please contact us with any questions, comments, or concerns as follows: hello@vicious.buzz