Last modified on August 5, 2010
PONG BEATS understands that privacy is important. This Privacy Policy applies to any and all products, services, applications, platforms, websites, or other affiliated ventures operated by Fantom Digital, Inc. Throughout this Policy, "PONG BEATS" and "We" refers to Fantom Digital, Inc. and its affiliates. "You" or "Users" refers to you, our users – everyone who uses, subscribes to, publishes through, joins, or visits PONG BEATS. The "PONG BEATS Platform" refers to the applications, platform, web site and services controlled, operated or produced by Fantom Digital Pty Ltd (“Fantom Digital”)
By using the PONG BEATS Platform, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the PONG BEATS Platform Terms of Use. Your use of the PONG BEATS Platform and any personal information you provide through the PONG BEATS Platform are subject at all times to this Privacy Policy and the Terms of Use.
TABLE OF CONTENTS
1. The Information PONG BEATS Collects
2. The Way PONG BEATS Uses Information
3. When PONG BEATS Discloses Information
4. Your Choices
5. Advertisers
6. Data Security
7. Children’s Privacy
8. International Visitors
9. In the Event of Merger or Sale
10. Third Parties
11. Changes and Updates to this Privacy Policy
12. PONG BEATS Contact Information
1. The Information PONG BEATS Collects:
Information You Provide: You may provide to PONG BEATS what is generally called "personally identifiable" information (such as your name, age, zip code, email address, credit card number, postal mailing address, and telephone numbers) if you user certain services or products from the PONG BEATS Platform, enter contests or sweepstakes, or otherwise use the features and functionality of the PONG BEATS Platform.
"Automatically Collected" Information: When you access the PONG BEATS Platform (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, your listening preferences, the content and pages that you access on the PONG BEATS Platform, and the dates and times that you visit the PONG BEATS Platform.
"Cookies" Information: When you access the PONG BEATS Platform, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. PONG BEATS may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the PONG BEATS Platform. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
Your User ID. Your User ID is displayed throughout the PONG BEATS Platform and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the PONG BEATS Platform.
2. The Way PONG BEATS Uses Information:
PONG BEATS uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the PONG BEATS Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
We may use your email address or other provided contact (e.g. mobile number), without further consent, for administrative communications such as notifying you of major PONG BEATS Platform updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted and to send privacy or security related notices.
PONG BEATS uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the PONG BEATS Platform works and looks, to create new features and functionality.
PONG BEATS may use "Automatically Collected" information and "Cookies" information to: (a) automatically update the PONG BEATS application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the PONG BEATS Platform; (c) provide customized third-party advertisements, content and information; (d) monitor and report on the effectiveness of third-party marketing campaigns; (e) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (f) provide such metrics to Users as they pertain to such User’s uploaded content; and (g) track your entries, submissions, and status in any promotions or other activities.
3. When PONG BEATS Discloses Information:
PONG BEATS does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the PONG BEATS Platform – such as when you publish contact information to complete your profile information – becomes publicly available and may be collected and used by others without restriction.
PONG BEATS may disclose Automatically Collected and other aggregate non-personally-identifiable information (such as IP addresses, anonymous User usage data, listening preferences, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the PONG BEATS Platform.
We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist PONG BEATS in improving the PONG BEATS Platform and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
PONG BEATS may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Australian/U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
PONG BEATS also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect PONG BEATS from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the PONG BEATS Platform; or to protect the rights, property, or personal safety of PONG BEATS, our Users, or others.
4. Your Choices and Access to your Personal Information
You may, of course, decline to share your personally-identifiable information with PONG BEATS, in which case PONG BEATS will not be able to provide to you some of the features and functionality found on the PONG BEATS Platform. You may view, update, correct, or delete your user information and preferences by contacting us at privacy@pongbeats.com
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
5. Advertisers
PONG BEATS allows other companies, called third-party ad servers or ad networks, to serve advertisements within the PONG BEATS Platform. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the PONG BEATS Platform and they automatically receive your IP Address and other automatically collected information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.
PONG BEATS does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks PONG BEATS to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. PONG BEATS reserves the right the add or remove third-party ad networks or ad servers in its discretion and PONG BEATS may not at all times list such updated ad network or ad server partners in this Privacy Policy.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
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. To opt-out of these cookies, please go to http://www.privacychoice.org/choose.
6. Our Commitment to Data Security:
PONG BEATS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to PONG BEATS, and you do so at your own risk. Once we receive your transmission of information, PONG BEATS makes commercially reasonable efforts to ensure the security of our systems. However, 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.
If PONG BEATS learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. PONG BEATS may post a notice on the PONG BEATS Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@pongbeats.com.
7. Our Commitment to Children’s Privacy:
If you are under 13 years of age, then please do not use or access THE PONG BEATS PLATFORM at any time or in any manner.
Protecting the privacy of young children is especially important. For that reason, PONG BEATS does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If PONG BEATS learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the PONG BEATS Platform, then PONG BEATS will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become PONG BEATS Platform member, then please contact PONG BEATS at privacy@PONG BEATS.com to have that child’s account terminated and information deleted.
The following are some resources that may help parents and legal guardians in monitoring and limiting your childrens' access to certain types of material on the Internet. While PONG BEATS does not endorse these products, we provide information about them as a public service to our community.
• "OnGuard Online," maintained by the Federal Trade Commission.
• WiredSafety
• Netsmartz.org
• The Child Safety Network
• Control Kids
• Cyber Sitter
• Net Nanny
8. International Visitors:
For Users visiting the PONG BEATS Platform from the European Union or other non-Australian territories, please note that any data you enter into the PONG BEATS Platform will be transferred outside the European Union or such other non- Australian territory for use by PONG BEATS and its affiliates for any of the purposes described herein. In addition, because PONG BEATS operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the PONG BEATS Platform, you hereby expressly consent to such transfers of your data to the Australian or other countries.
9. In the Event of Merger or Sale:
In the event that PONG BEATS is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
10. Third Parties
Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides PONG BEATS, whether they are users of the PONG BEATS Platform or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. PONG BEATS does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
11. Changes and Updates to this Privacy Policy:
This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the PONG BEATS Platform constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.
12. PONG BEATS Contact Information:
Please contact PONG BEATS with any questions or comments about this Privacy Policy, to obtain access to your personal information, and our third-party disclosure practices or your consent choices at: by email: privacy@pongbeats.com
We will respond to your inquiry within 30 days of its receipt.