Privacy Policy
The following is the Privacy Policy of IndiePlaya.com, an online distribution portal powered by IndiePlaya, LLC ("IndiePlaya," "we," "us" or "our"). This Privacy Policy is incorporated in and subject to our Terms of Service. By using or visiting the IndiePlaya website www.IndiePlaya.com or any IndiePlaya product, software, data feed, or service provided or powered by IndiePlaya (collectively, the "Service"), you indicate that you understand and agree to this Privacy Policy. If, for any reason, you do not agree to this Privacy Policy, please do not use the Service.
Your privacy is important to us. To better protect your privacy and in the interest of transparency, we provide this Privacy Policy explaining our online information practices and the way your information is collected and used by us.
Information We Collect and How We Use It
We may collect the following types of information:
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Information You Provide:
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When you sign up for an IndiePlaya account ("Registration"), we will ask you for personal information, such as your full name, email address, username and password. We may combine the information you submit under your IndiePlaya account with information from other parts of the Service or third parties in order to provide you with a better experience and to improve the quality of the Service. For certain services, we may give you the opportunity to opt out of combining such information. You can use the IndiePlaya website to learn more about the information associated with your IndiePlaya account.
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During Registration or anytime thereafter, you may designate or modify your IndiePlaya account settings. If you elect (e.g., on the IndiePlaya Registration page or Account Settings page) to receive updates or news regarding IndiePlaya products or services, IndiePlaya may use this information to send you marketing materials related to our products and/or services, content announcements, special third party promotions, and the like. In addition, if you log into a third party site powered by IndiePlaya (a "White-Label Site"), IndiePlaya may share your full name and email address with such White-Label Site in the event that you log in using your IndiePlaya username and password, and such White-Label Site may use this information for promotional purposes related to their site or for content or features that are available on the White-Label Site.
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Cookies: When you visit the IndiePlaya website or any third party website powered by IndiePlaya, we send one or more cookies to your computer or other device. We use cookies to improve the quality of the Service, including for storing user authentication tokens, user preferences, improving search results, recommendations and ad selection, and tracking user trends, such as what Content people search for, how they search for it, and what criteria they use in purchasing Content.
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Log Information: When you access the Service, our servers automatically record information that your browser sends whenever you navigate to a particular part of the IndiePlaya website or third party website powered by IndiePlaya. These server logs may include information such as your search request, your interaction with Content, the Service or any portion thereof, Internet Protocol address, browser type, browser language, the date and time of your request or interaction with Content or the Service, and one or more cookies that may uniquely identify your browser or your account.
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User Communications:
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With IndiePlaya: When you send email or other communications to IndiePlaya, we may retain those communications in order to process your inquiries, respond to your requests and improve the Service. We may use your email address to communicate with you about the Service.
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With Others: Information provided by you to the Service will be visible to all users of the Service, except where we provide controls that restrict access to the information, in which case the information provided by you will be limited to individuals meeting the restriction(s), if any, designated by you. By way of example, if you post a review, tag, chat message, news message or the like using features of the Service, that information will be viewable by other users of the Service.
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IndiePlaya Services on White-Label Sites:We offer some aspects of the Service on or through White-Label Sites. Personal information that you provide to White-Label Sites may be sent to IndiePlaya in order to deliver the Service. Conversely, IndiePlaya may provide personal information to White-Label Sites in connection with your commercial activities on such White-Label Sites to help facilitate any such activities. As an example, if you purchase physical product (e.g., a DVD) from a White-Label Site powered by IndiePlaya, we may share your full name and mailing address with such White-Label Site to help facilitate fulfillment of your order; provided, however, that you acknowledge and agree that IndiePlaya does not itself perform any fulfillment of physical product and shall in no way be liable for, in whole or in part, any physical product purchased or ordered by you on or through any third party website, including, without limitation, White-Label Sites. All such information provided by or to us will be processed under this Privacy Policy.
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Third Party Applications: IndiePlaya may make third party applications, such as gadgets, extensions, and social networking site log-in buttons, available through the Service. The information collected by IndiePlaya when you enable a third party application is processed under this Privacy Policy. Information collected by any third party application provider is governed by their privacy policies.
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Other Websites: This Privacy Policy applies to the IndiePlaya Service only. We do not exercise control over websites powered by IndiePlaya, sites that utilize the Service, or links to third party websites on the Service. Such third party websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
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User Activity on the Service:
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If you elect (e.g., on the IndiePlaya Account Settings page or in the Catalog Manager) to share information regarding your activities on the Service with users on third party sites (e.g., electing to share with your friends on a social networking site the fact that you have just watched or reviewed a film or joined a chat on the IndiePlaya website), we will provide that information to users identified by you as your "friends" (or similar designation) on any such third party site(s).
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We may collect information regarding user activity on the Service, including your use of the Service, and provide that information, aggregated and anonymized (i.e., with individual user identities removed), to others in the form of reports; provided, however, that (a) in no event will we share any personally identifiable information with others (including any raw data from which others might reasonably, using one or more algorithms, discern personally identifiable information about you) without your prior consent; and (b) any information provided to the Service for system use (e.g., your username, password, password reminders) will be kept strictly confidential.
In addition to the foregoing, we may use the information we collect to:
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Provide, maintain, protect, and improve the Service and develop new features and functionality;
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Protect the rights or property of IndiePlaya, our affiliates or our users; and
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Comply with any requests therefor by law enforcement or as required pursuant to court order in accordance with the USA Patriot Act and/or the ECPA, as set forth more fully below.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use, which consent you agree not to unreasonably withhold, condition or delay.
IndiePlaya processes personal information on our servers in the United States of America. Depending on where you reside, we may process personal information outside your own country.
Choices
You can use the IndiePlaya Account Settings page to review, edit and control the disclosure of personal information to third parties, including modifying your account settings to limit the type of information that may be transmitted to third parties (e.g., social networking sites) and whether you elect to receive news and updates related to IndiePlaya's products or services.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some IndiePlaya features and services may not function properly if your cookies are disabled.
Information Sharing
IndiePlaya only shares personal information with other companies or individuals outside of the Service in the following limited circumstances:
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We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
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We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
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We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of IndiePlaya, its affiliates, users, or the public, as required or permitted by law.
If IndiePlaya becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.
Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to IndiePlaya employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and Updating Personal Information
When you use the Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (e.g., requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Safe Harbor; Enforcement
IndiePlaya complies with the U.S.-European Union (EU) Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
IndiePlaya regularly reviews its compliance with this Privacy Policy. When we receive formal written complaints, it is IndiePlaya's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between IndiePlaya and an individual.
USA Patriot Act Notice
The federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. IndiePlaya anticipates fully complying with all of its obligations, and availing itself of all its rights, under the USA Patriot Act.
ECPA Notice; Monitoring of Service
IndiePlaya treats email messages and other communications through its platform, including, without limitation, the Applications, as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2701-2711 (the "ECPA"). The ECPA permits IndiePlaya's limited ability to intercept and/or disclose electronic messages, including, for example (a) as necessary to operate its system or to protect its rights or property, (b) upon legal demand (e.g., court orders, warrants, or subpoenas), or (c) where IndiePlaya receives information inadvertently which appears to pertain to the commission of a crime. The parties acknowledge and agree that neither IndiePlaya's platform nor either of the Applications is considered a "secure communications medium" under the ECPA, and that no expectation of privacy is afforded in the event that the Service is monitored and/or disclosed.
By using the Service, you agree that IndiePlaya has the right to monitor the Service electronically at any time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. IndiePlaya reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems, in its sole discretion, unacceptable, undesirable, or in violation of this Agreement or its Terms of Service or Privacy Policy. IndiePlaya also reserves the right to refuse refunds in cases where IndiePlaya believes abuse has taken place. IndiePlaya reserves the right to monitor any and all communications through or with its facilities.
Special Note to International Users
The Service is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Service from 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 through your continued use of the Service, which is governed by U.S. law, this Privacy Policy and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.
Changes to This Privacy Policy
Please note that this Privacy Policy may change from time to time. Accordingly, we encourage you to check the Privacy Policy periodically for any changes. Your continued use of the Service following any amendment of the Privacy Policy constitutes your binding acceptance of any such changes; provided, however, that we will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.
If you have any questions about this Privacy Policy, please feel free to contact us through our website www.indieplaya.com or write to us at:
Privacy Matters
IndiePlaya, LLC
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403-1171
USA
email: support@indieplaya.com
Last updated: December 6, 2013
TM & © 2013 IndiePlaya, LLC. All rights reserved.
Privacy Matters
IndiePlaya, LLC
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403-1171
USA
email: support@indieplaya.com
Last updated: December 6, 2013
TM & © 2013 IndiePlaya, LLC. All rights reserved.