PRIVACY POLICY

Last Updated: July 11, 2013

Tom Hess Music Corporation and www.tomhess.net, its subsidiaries and affiliates (collectively, “Company”, “we”, “our”, or “us”) recognize the importance of privacy and personal information. This Privacy Policy (the “Policy”) highlights how Tom Hess Music Corporationmanages your personal information and safeguards your privacy. This Policy applies to the website www.tomhess.net and such other mobile applications, websites, domains and sub-domains and services, however accessed and/or used, whether via personal computers, mobile devices or otherwise, as well as mobile applications, interactive features and downloads that the Company owns, operates, and makes available through its websites and mobile applications (collectively, the "Sites"). This includes interactive features or materials and mobile applications that by their nature interact with The Sites and post this Privacy Policy. This Privacy Policy only covers the Sites and does not cover any information otherwise collected by us (such as, without limitation) in the "real world" [offline] or at any other web site whether or not owned by us. You may be asked to provide your personal information any time you are in contact with Tom Hess Music Corporation.

The Sites are intended for a general audience aged thirteen (13) years and older. If you are under the age of 13, you are prohibited from using the Sites. Please ask your parent or guardian to visit the Sites with you with using their computer account and with them present.

Any personal or other information we collect that can be used to uniquely identify or contact a single person is personal identifying information (“PII"). Protecting your PII is a core value at Tom Hess Music Corporation and this Privacy Policy is designed to tell you in plain language how and what kinds of information we collect (public and PII), how the Tom Hess Music Corporation, itself and through third party services, uses "tracking" technology during your visits to the Sites, how the Tom Hess Music Corporationuses the information it collects, and how we protect that information.

In addition to this Privacy Policy, users of the Sites must comply with the Sites' Terms of Use ("TOU"). There is additional and important information contained in the TOU.

 

How this Privacy Policy Affects You

  • Purpose: The purpose of this Privacy Policy is to clearly and concisely inform users of and visitors to ("you" or "your") the Sites of: (1) the information that we collect through the Sites; (2) how we use that information; (3) how we protect that information; (4) what, if any, information we may share and with whom; (5) and how you can review your Personally Identifiable Information (“PII”) collected through the Sites and request modifications and corrections. Please take a moment to read this Privacy Policy to learn how we handle your personal information. In addition, this Privacy Policy explains how to review and request modification of your personal information that the Tom Hess Music Corporation may have collected or to change your communication preferences.
     

Information We Collect

  • Information You Provide Directly to Us: (1) you may be asked to directly provide the Tom Hess Music Corporation with certain categories of personal information/PII (e.g., your full name, gender, geographic location [for example, shipping and billing addresses if you are engaging in transactions], e-mail address, telephone contact, a “password” [see below], etc.). You may also choose to share additional personal information in public forums or on sign-up forms or certain pages within the Sites. We reserve the right to collect information through, without limitation, account registration forms, e-mail newsletter sign-ups, and information that you provide to us directly via the Sites and mobile applications; (2) Statistical information is the type of personal information, provided directly or indirectly, that may be collected from you at any time when you are in contact with the Sites or mobile applications but is not used in connection with your PII; (3) We do not collect your credit card information or other financial information (such as PayPal account information for a transaction) unless you make a purchase through the Sites or mobile applications. Additionally, if you make a credit card purchase through the Sites, you may be asked to agree to additional terms. Your credit card information will be used solely for processing transactions you authorize and we utilize SSL protocol in connection with such information. Credit card information is stored with our third-party payment processor Authorize.net. For more information about Authorize.net, please visit http://www.authorize.net. Additionally, purchases may be made through PayPal. For more information about PayPal’s policies, please visit https://www.paypal.com/home.
     
  • Information We May Collect during Your Visit to The Sites or Mobile Applications: When you contact the Sites or mobile applications, the Tom Hess Music Corporation and its third party service providers may also collect your usage information. This usage information may be collected through automated or passive means and may include a variety of technologies that collect information whenever you come into contact with the Sites or mobile applications. For example, these technologies record and collect your browser information, the “click-through URL” that linked you to the Sites or mobile applications, your usage information about pages and/or features that you visited, the date and time of your contact, and other similar information. We may also collect your internet protocol (“IP”) address or other automatically assigned identifiers that allow us to identify the device or mechanism through which you contact the Sites or mobile applications. We treat device and mechanism identifiers, as well as your usage information, to be the type of personal information that may be collected from you at any time when you are in contact with the Sites or mobile applications. We may also use this personal information in order to remember you and your preferences. We do not link aggregate data with PII.
     
  • How We Collect Your Personal Information: During your visit to the Sites or mobile applications, we may use the following technologies, without limitation, to collect your personal information: (1) cookies; (2) Flash cookies; (3) small graphic images or web beacons; (4) embedded script; and (5) similar technologies. Cookies are data files placed on the device that is used to access a website. A Flash cookie is a data file placed on a device via a third party plug-in (which may be built into your device or downloaded to your device). Small graphic images or web beacons, other web programming code that may be invisible to you, may be included on the Sites, mobile applications, and in Tom Hess Music Corporation e-mail messages. Web beacons may be used to count the number of users accessing the Sites and mobile applications, monitor how users navigate our websites and mobile applications, and count the number of e-mails that were sent and actually opened or the number of particular articles or links that were actually viewed. An embedded script is programming code that is designed to collect information about your interactions with the Sites or mobile applications (e.g., a link that you click on). We utilize both Session and persistent cookies. A session cookie is a code temporarily “dropped” in your browser through which you access the Sites and mobile applications from our web server or a third party service provider, and is only active while you are in contact with the Sites. This code is deactivated or deleted thereafter. A persistent cookie remains after the session is terminated. We use information collected to: (1) allow for better site functionality while you are visiting the Sites; (2) provide you with information about services and products that we think may be of interest to you; and (3) to collect aggregate (non-personalized) data. Most browsers allow you to “turn-off” cookies. You should consult with your individual browser provider. However, if you turn off cookies, you may not be able to enjoy complete site functionality.

a. We may, from time to time, supplement the information that we collect about you online with outside records from third parties in order to enhance our ability to serve you, as well as offer opportunities to purchase products or services that we believe may be of interest to you. We will apply this Privacy Policy to all collected personal information and may combine your collected personal information to serve our needs in any way, unless we have disclosed otherwise.

b. If you send a third party a communication from the Sites or mobile applications, such as sending a friend a news article or information about a job opening, we may use this information on a one-time basis to facilitate the communication. We will not use it for any other marketing purpose, unless we obtain consent from that third party.
 

How We Use Your Personal Information

  • We may use the information that we collect about you to accomplish any of the following: (1) provide you with information, services, or process transactions that you have requested or agreed to receive, including sending electronic newsletters, or providing you with special offers or promotional materials on behalf of the Tom Hess Music Corporation or third parties; (2) enable you to participate in a variety of the features on the Sites and mobile applications, such as online entry sweepstakes and message boards; (3) process your registration with the Sites and mobile applications, including verifying that your e-mail address is active and valid; (4) improve and customize your experience when you contact the Sites and mobile applications; (5) contact you regarding your use of the Sites and mobile applications and, in our discretion, changes to the Sites and mobile applications or the policies that apply to both; (6) comply with court orders, valid subpoenas, and/or other applicable laws and regulations; (7) for our business purposes; and (8) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. If you provide comments or commentary or other materials to the Sites or mobile applications, we may use these comments and materials as provided (or in a reasonably similar manner), which may include your full name and other information as further set forth in the Terms of Use.


Information We May Share

  • Information We May Share with Third Parties: We may share information that we do not consider to be personal information, such as aggregated user statistics, with third parties. We do not share your personal information with third parties for marketing purposes unless you consent to such sharing at the time you provide such information. We may share the information we have collected about you, including your personal information, as disclosed at the time you provide your information and as described in this Privacy Policy.
  • If you agree (or do not decline) to receive information or marketing materials from third parties, your personal information may be disclosed to such third parties and all information disclosed (by you or by the Tom Hess Music Corporation) will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of third parties. You should therefore review the privacy policies and practices of such third parties prior to agreeing to receive such information from third parties. If you later decide that you do not want to receive communications from a third party, you will need to contact that third party directly.
     
  • We may use third party vendors to perform certain services on behalf of the Tom Hess Music Corporation, such as hosting the Sites and mobile applications, designing and/or operating website features, tracking website analytics, enabling you to purchase any goods and/or services, and allowing us to send you e-mail newsletters or perform other administrative services. We may provide third parties with access to your information, including your personal information, to carry out the services that these parties are performing for you or for us. We currently use Google Analytics to provide us with aggregate statistical data. For more information about Google Analytics and its policies, please visit http://www.google.com/analytics.
     
  • Access to certain areas of the Sites and mobile applications may be provided to you in association with third parties and may require you to disclose personal information in order to register for and access products and/or services. Such co-branded areas will identify the third party associates. If you elect to register for products and/or services at co-branded areas you may be providing your information to both us and the third party associates. Further, if you sign-in to a co-branded area with a username and password obtained on the Sites and mobile applications, your personal information may be disclosed to the identified third party associates for that co-branded area and will be subject to the third party associates’ privacy policies.
     
  • Legal or Administrative Purposes: We may transfer and disclose your information, including your personal information, to third parties for the following purposes: (1) in the event that we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (2) at the request of governmental authorities conducting an investigation; (3) to protect or defend the Terms of Use or other policies applicable to the Sites and mobile applications; or (4) to protect the personal safety, rights, property or security of any individual. We may also use IP address or other information collected to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
     
  • Business Transfer: We may share your personal information with our subsidiaries and affiliates for internal purposes. We also reserve the right to disclose and transfer all information related to the Sites and mobile applications, including, without limitation, your personal, demographic, and usage information for the following purposes: (1) to a subsequent owner, co-owner, or operator of the Sites and mobile applications or an applicable database, or (2) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
     
  • Sweepstakes, Contests and Promotions (collectively, “Promotions”): We may offer Promotions through the Sites and mobile applications that require registration. By participating in a Promotion, you are agreeing to the terms, conditions, or official rules that govern that Promotion, which may contain specific requirements of you, including (except where prohibited by law) allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules.
     
  • Fulfillment of Transactions and Providing Services: You may elect to purchase products or services from or through Tom Hess Music Corporation and/or the Sites. When you do so, you authorize us to use the information we collect about you as reasonably necessary to carry out the purpose of the transaction. We do not allow transactions from any user under the age of 18. If you are under the age of 18, please visit the Sites with your parent or guardian so that they may make any transactions you and they may desire.


Information That You Share Publicly

  • User Generated Content: The Sites and mobile applications may allow you to submit materials that you own or legally control such as photos, videos, comments, ideas, suggestions or other content that contains your personal information (collectively, “UGC”), which may be published online or offline in any media now known or hereafter discovered. The public may have access to your UGC, including the ability to share it with third parties. For purposes of this Privacy Policy, UGC includes information that you share through social media via your use of the Sites and mobile applications (e.g., personal information added to your social networking profile or social media page). We encourage you to think carefully about the type of UGC that you share through social media sites, particularly your personal information. The Tom Hess Music Corporation does not control who will have access to your UGC and therefore cannot control how your UGC is used. This Privacy Policy does not apply to information that you share publicly, with third parties, or post through the Sites and mobile applications.
     
  • We may use and publish your name, voice or likeness, or other personal information that is part (or the whole) of your UGC for marketing, promotional activities, publicity, and advertising purposes.


Third Party Content and Links

  • The Sites and mobile applications may contain content provided by third parties. Those third parties may collect information about your website usage, including information specific to your mobile device or computer (e.g., IP address) when pages from the Sites and mobile applications are served to your web browser. Further, when you click on a third party link from the Sites and mobile applications (including, without limitation, banner advertisements), that link will take you to a website(s) controlled and operated by third parties that the Tom Hess Music Corporation does not control. When you click on a third party link, you will be subject to that third party’s terms and privacy policy. Please review the privacy policy of all third party websites that you contact prior to sharing your personal information with such websites.
     
  • Third Party Advertisements and/or Analytics: The Sites and mobile applications may serve third party advertisements and may use third party analytics service providers to provide us with statistical information about your use of the Sites and mobile applications. These third parties display advertisement banners based on an analytics of the statistical data regarding your visits to the Sites or mobile applications in order to tailor advertisements that may interest you. These third parties typically install cookies or other tracking technologies to monitor and record certain behavioral statistics that assist with targeted advertising practices. This Privacy Policy does not cover the methodologies used by third parties. If you check on a banner advertisement that re-directs you from a Tom Hess Music Corporation website or mobile application, you will be subject to that third party’s terms and privacy policy. Please review the privacy policy of all third party websites that you contact prior to sharing your personal information with such websites. We are not responsible for the content or practices of any third party advertiser.
     

Security

  • Protection of Your Personal Information: The Tom Hess Music Corporation employs reasonable efforts to protect the personal information that you share when you contact the Sites or mobile applications. We currently employ SSL/Message-Digest Algorithm security. However, note that it is not possible to secure all transmissions made over the internet or through other content/information sharing devices. WE DO NOT WARRANT OR REPRESENT THAT WE CAN GUARANTY THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO US WHEN YOU USE COMPANY WEBSITES AND MOBILE APPLICATIONS. YOU PROVIDE SUCH PERSONAL INFORMATION AT YOUR OWN RISK. In the event of a data or security breach that may compromise your personal information, the Tom Hess Music Corporation will make commercially reasonable efforts to notify you and/or the requisite governmental or other regulatory agency promptly and as required by law.
     
  • Children under the Age of 13: The Sites and mobile applications are intended for the general audience over the age of 18. We do not knowingly collect personal information from children under the age of 13. If we learn that we have collected the personal information of a child under the age of 13 we will take steps to delete the information as soon as possible.


Communications/Your Ability to Review your personal information and Request Changes

  • Changes to Your Personal Information and Preferences: You are solely responsible for the accuracy and content of any personal information that is submitted to The Sites and mobile applications (or which may be collected by the Tom Hess Music Corporation pursuant to this Privacy Policy). You have the right to review the personal information that we have collected from you. After you review such information, if you decide to change the personal information that we have on file for you or if you have any questions about this Privacy Policy, please email admin@tomhess.net or contact us by mail to Tom Hess Music Corporation, ATTN: Privacy, P.O. Box 113, Cary, IL 60013-0013, U.S.A., please send your request to the Tom Hess Music Corporation by e-mail to admin@tomhess.net or by mail to Tom Hess Music Corporation, ATTN: Privacy, P.O. Box 113, Cary, IL 60013-0013, U.S.A.
     
  • To change the types of communication that you receive from the Tom Hess Music Corporation or how you receive such communications, simply cancel or modify your communication preferences by following the instructions in the e-mail or communication that you received or by logging into your account with any of the Sites or mobile applications and changing your communication preferences.
     

If you are Outside of the United States

  • The Sites and mobile applications are located in the United States. If you are located outside of the United States, please be aware that the information we collect will be transferred, stored, and processed in the United States. When you contact The Sites and mobile applications, you are automatically consenting to our standard practice of processing, storing, and transferring your personal information within the United States. Note that data protection and privacy laws are different in every country. You are responsible for learning the data protection and online privacy laws of your own country.
     
  • Information that you provide may be transferred or accessed by the Tom Hess Music Corporation’s affiliates around the world and may be processed by foreign affiliates that operate under foreign online privacy laws. The Tom Hess Music Corporation abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. For more information, contact the U.S. Department of Commerce Safe Harbor Program. When you contact The Sites or mobile applications you consent to the transfer and storage of your personal information in the manners described in this Privacy Policy.
     

Changes to this Privacy Policy

  • The Tom Hess Music Corporation reserves the right to change this Privacy Policy as it deems reasonable and appropriate without notice to you. Any changes to this Privacy Policy are effective as soon as such changes are posted to The Sites or mobile applications. However, the Tom Hess Music Corporation will not use your personal information in a manner that is materially different from what was stated in this Privacy Policy at the time that you contacted The Sites or mobile applications. The date of the most recent changes to this policy is listed at the beginning of this document. The Tom Hess Music Corporation encourages you to verify the date that this Privacy Policy was last updated whenever you contact The Sites or mobile applications to determine whether or not changes were made. The Tom Hess Music Corporation may, from time to time, post notices on The Sites or mobile applications if the Tom Hess Music Corporation believes, in its sole discretion, that it has made material changes to this Privacy Policy.
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