2. U.S. Governing Law.
3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term "Other Information", we mean any information other than Personal Information collected by the Services (Personal Information and Other Information, together, the "Information").
User Registration. To the extent we offer user registration on the Services, to register as a member of any of the Services, you are required to select a user name and password (together, your "User ID") and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required). We may also allow you to register with the Services by using Facebook Connect or other authentication options provided by social networking websites.
In connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Services, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or par"icipate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various products, in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, your order number and information about your computer's internet address and website which may have referred or directed you to the Services (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission. If you ask for assistance from our customer support or community teams, we may collect and store the contact information you provide, information about your activity on the Services and any correspondence (including the Information contained therein).
In connection with Promotions such as Contests and Sweepstakes. There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion's entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners ("Advertisers") as a result of your use of the Services in connection with many of these types of Promotions.
In connection with Maintaining the Integrity of Certain Applications. In an effort to provide a safe and fair gaming environment to all players of our games, we may employ "anti-cheating" software or applications during the use of certain online products and Services to prevent fraudulent activities and behaviors that may negatively affect the experiences of a player. When creating a profile for certain products and/or Services, we may collect data about your personal computer in order to create a hash of machine components. We may use this machine hash for the prevention of fraud, security and for authentication purposes only and not shared with any third parties except as part of the vendor software.
In connection with Service Testing. From time to time, we may offer opportunities for consumers to test, submit feedback, and/or provide opinions on unreleased Services. You may be asked to provide personal information such as your name, phone number, home address, email address, gender, and non-personally identifiable information such as the kind of operating system you own and your gaming preferences. The Information that you provide us may be used to identify compatibility in our Service tests. If you qualify for product testing, you may be asked to provide additional information, such as your opinions on the Service and your IP address, which may be stored in our records. Your system specifications (such as OS, RAM, video card, monitor, system configuration, crash data, etc.) may be reviewed/recorded by us for the purposes of analyzing and optimizing your game experience and in order to provide you with customer service. Based on the Service, we may collect additional Information as described above (such as internal testing, profiling, and/or demographic evaluation or through anti-cheat and fraud prevention technologies) to permit us to evaluate your gaming experience. If you do not want this Information to be collected, do not sign up to be a Service tester.
The Services and/or third parties may use "cookies", "web beacons" (also known as image tags, GIF or web bugs), "embedded scripts" and other similar tracking technologies (collectively, "Tracking Technologies") to collect Other Information automatically as you browse the Services and the web.
We use Tracking Technologies to collect "click stream" data and additional Other Information regarding your visits to the Services, such as your visits to the Services' web pages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Services ("Identifier"). Your Identifier is automatically assigned to the Device you use to access the Services. Your Personal Information is not collected as part of this process. By using the Services, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Services.
The Services may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Services ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Services and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
Although these Third Party Advertising Service Providers may not have access to Tracking Technologies set by the Services, the Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser and/or they may otherwise have access to Other Information about you.
Use of Information.
Personal Information. We use the Personal Information we collect from you in a variety of ways, including:
Sending marketing and promotional e-mails or, subject to the "Wireless Marketing Services and Associated Promotional Opportunities" Section below, text messages offering goods and/or services that may be of interest to users, whether those goods and/or services are provided by us, our Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
Processing your registration with the Services, such as verifying that your e-mail address is active and valid;
Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Services;
Allowing you to participate in the public areas and/or other features of the Services;
Responding to your questions or other requests;
Contacting you regarding your use of the Services, for informational purposes related to the Services or, in our discretion, regarding changes to the Services' policies;
Improving the Services and for internal business purposes;
Tailoring your experience on the Services and/or otherwise customizing what you see when you visit the Services;
Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Services;
Otherwise to maintain and administer the Services;
For other purposes disclosed at the time you provide the Personal Information.
Other Information Collected by Us. We, and/or our Affiliates, use the Other Information we collect from you in a variety of ways, including:
Keeping count of your return visits to the Services or our Affiliates', Advertisers' or partners' sites;
Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
Determining which features, web pages, products and services users like best to, among other things, help us operate the Services, enhance and improve our services and the Services and display advertising and marketing information;
Preparing statistics reports;
Allowing you to participate in the public areas and/or other features of the Services;
Improving the Services or our services and for internal business purposes;
Tailoring your experience on the Services and/or otherwise customizing what you see when you visit the Services;
Saving certain Other Information for use on your return visits to the Services;
Otherwise to maintain and administer the Services;
For the uses described for "Personal Information" above;
For other purposes disclosed at the time you provide the Other Information.
4. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
Opting-Out of Certain Uses of Personal Information.
In Connection with Marketing and Promotional Email and Offers.
You may "opt-out" of receiving marketing and promotional e-mails from us at any time by sending an email to [email protected]with "Opt-Out" in the subject line.
In Connection with Wireless Marketing Services. See "Termination of Wireless Services by Users" under the "Wireless Marketing Services and Associated Promotional Opportunities" Section for more information on how you may unsubscribe from receiving text messages.
Certain Continuing Uses Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Affiliates, may continue to contact you for the other purposes of processing transactions that you have requested or to respond to inquiries that you have initiated, and for related maintenance and administrative purposes.
Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
To opt-out of Tracking Technologies set by certain Third Party Advertising Service Providers used by the Services in addition to DoubleClick, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
You can choose to delete the Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature.
You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser's support feature.
Opting-out of, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies does not mean that you will no longer receive online ads. Opting-out to, deleting or disabling Third Party Advertising Service Providers' Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on these Services.
With respect to the Tracking Technologies set by the Services, you have a number of options:
You can choose to delete or disable the Tracking Technologies as directed by your browser's support feature.
You can choose to have the Device you use to access the Services warn you each time a cookie, image tag or other Tracking Technology is being sent, or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Services. Additional information on warnings and removal of warnings may be available through your browser's support feature.
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete or disable Tracking Technologies, you may not have access to certain features of the Services and some of our other services may not function properly.
Notwithstanding the above, certain Services may not allow you to opt out of Tracking Technologies set by Third Party Advertising Service Providers and Advertisers. Any specific terms with respect to Tracking Technologies set by Third Party Advertising Service Providers and Advertisers in connection with such a Service will be set forth in any additional agreements you agree to be bound to as a prerequisite to using such Service. With respect to such Services, if you do not want to be subject to such technology, do not install or use such Service.
Social Networking Websites.
If you use our Services through a social networking website or a mobile version thereof, Harmonix will be able to access and store profile and other Information about you as described above. Harmonix does not offer an "opt-out" option for specific fields that are shared with Harmonix by the social networking website when you access and use our Services.
Wireless Marketing Services and Associated Promotional Opportunities.
Users that register for Harmonix's wireless marketing services will be charged by the user's wireless carrier for all messages sent to the user from Harmonix. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Services, Harmonix, or its Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
Registration. To the extent we provide wireless marketing services, there are two registration methods provided for Harmonix's wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Service/SMS) method, at the discretion of Harmonix depending on the type of Promotion. Premium rate services will require the "double opt-in" (Service/SMS or SMS/SMS) method.
Single Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user's voluntary submission of the designated word or code to Harmonix will mean that the user has freely and affirmatively granted permission to Harmonix to send text messages to him or her. Harmonix will acknowledge this registration by sending a "Thank you" message. The user may terminate the service at any time by using the unsubscribe command in any text message from Harmonix or by sending a text message to Harmonix that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".
Double Opt-in (SMS/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Harmonix will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Harmonix to that particular telephone number (or wireless domain name when appropriate).The user must respond to the "Confirmation," message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Harmonix's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time provided that Harmonix may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Harmonix continues to offer the specific wireless marketing service.
Termination of Wireless Services by User. Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from Harmonix by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by Harmonix at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Harmonix will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with Harmonix. If the user unsubscribes from one or all of Harmonix service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.
Termination of Wireless Services by Harmonix. Harmonix may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Harmonix may provide notice of terminations or changes in services on the Services.
6. Sharing and Disclosure of Personal Information and Other Information.
Sharing and Disclosure of Personal Information.
Disclosure to Affiliates. We may disclose Personal Information to Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the "Opting-Out of Certain Uses of Personal Information" Section above.
Disclosure of Certain Information in Postings Intended to Be Disclosed. Certain Personal Information associated with a Posting may be intended for disclosure ("Posting Information"), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.
Disclosure to Operational Service Providers. We may also disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Services' services, features, functions and operations, including, but not limited to, digital distribution platforms. We refer to these third parties as "operational service providers". We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.
Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:
When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners' lists or make required filings as appropriate);
In connection with a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Affiliates.
Linking Accounts. If we provide account linking, you may link your RockBand.com account to your online game profile in Sony PlayStation Network, Xbox Live, or Nintendo Network account in order to receive additional content and participate in a variety of activities, promotions and programs. If you would like to link your accounts, you may do so when you register your Rock Band account on RockBand.com. Once you have linked your RockBand.com account to your Rock Band game profile, any anonymous information related to your gameplay and any personally identifiable information you enter on your game account will be linked to your RockBand.com account. Your gameplay information may be made available to other Service users. We may use any information we collect to offer you special promotions and inform you of upcoming events. Please note that if you opt-in to receive messages from us in your RockBand.com account, we may send messages to your email address or other messaging devices you designate such as your mobile phone.
7. Reviewing, Updating or Deleting Certain Information.
If you are a registered user of the Services and logged into the Services, you may review, update or delete certain Information collected by the Services by adjusting your profile settings at each Service. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct Information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory record keeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.
Children or Ineligible Teenagers. If we, or our Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Services, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of these Services ("Ineligible Teenagers"), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the "Parent") always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
Protection of Information.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Services. We also limit access to the Services by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.
Phishing. Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use "spoofed" e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Services' Privacy Administrator at [email protected], and then immediately delete the fraudulent email from your computer.
Your California Privacy Rights.
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at [email protected] or by postal mail to Harmonix Music Systems, Inc., 40 Broad Street, Floor 7, Boston, MA 02109, Attn: Your California Privacy Rights, c/o Privacy Administrator.
All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We cannot accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for the activity, behavior, use and conduct on the Services under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Services if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Services, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Harmonix is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.