CMS Custom (“Company” or “we” or “us” or “our”) respects the privacy of the users (“user” or “you”) who use our website which provides information on art (“Website”).
All Content included in this site is owned by CMS Custom and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under U.S. and international copyright laws.
The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of CMS Custom or third parties in the U.S. and/or other countries.
As between you and CMS Custom,
CMS Custom owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all CMS Custom Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein. These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.
Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of CMS Custom or any third party, whether by implication or otherwise.
These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Website represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a listener under 13 years of age through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Website or has otherwise transferred personal information to us through the Website, please contact Company using our contact information below to have that child’s personal information deleted.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
USERS OF THE SERVICE GENERALLY
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name, email address or telephone number that, without more, can be directly associated with a specific person.
Company gathers from users of the Website Non-Personally-Identifying Information of the sort that devices, depending on their settings, may make available. That information includes, a user’s Internet Protocol (IP) address, operating system, browser type, device information (such as your mobile device ID), model and manufacturer.
Company collects and analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used, how to promote the Website, and for the delivery of targeted advertising. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content, advertising and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from the Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
A “Beacon” is an object that is embedded in a page that is usually invisible to the user and allows operators to check whether a user has viewed a particular page or an email. Company may use Beacons on the Website and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Beacons are not used to access users’ Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about the Website usage. Beacons collect only a limited set of information including a Cookie number, time and date of a page or email view, and a description of the page or email on which the Beacon resides. You may not decline Beacons, however, they can be rendered ineffective by declining all Cookies or modifying your device setting to notify you each time a Cookie is tendered and permit you to accept or decline Cookies on an individual basis.
We may either directly or through third-party companies serve ads to you when you access this Website. Advertisers may use information about your visits to and use of the Website (including, without limitation, stations accessed, listening habits, and location of accessing telephone number) that are contained in Cookies in order to provide advertisements about goods and services that may be of interest to you. We also allow advertisers to choose the characteristics of listeners who will be presented with their advertisements and we may use any of the non-personally identifiable attributes we have collected to select the appropriate audience for those advertisements.
If you are accessing the Website via the Internet, then using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link:http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
AGGREGATED AND NON-PERSONALLY-IDENTIFYING INFORMATION
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop content and services that we hope you and others will find of interest and to target content and advertising.
Unless we have received your prior consent, we do not access or track any specific location-based information from your mobile device at any time while downloading or using the Website. However, based upon your IP address, the telephone number that you use to access the Website, WiFi network data or cell tower triangulation, we may record general non-specific locations. However, we may also automatically collect anonymous information about you when you have geographical location tools on your Internet-enabled device which have not been disabled. We may also collect anonymous information about you whenever you deliberately interact with one of our ads containing a quick response code or follow instructions to send a text, or visit a URL. If you have geo-location tools on your Internet-enabled device which you have not disabled, we automatically receive information on your device’s location.
We may send you push notifications if you choose to receive them for other service-related matters. If you wish to opt-out from receiving these types of communications you may request to have them stopped at any time on your mobile device.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the Website, the events that occur within the Website, aggregated usage, performance data, and where the Website was downloaded from.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect Personally-Identifying Information from and about the Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for the Website, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of the Website, or responding to offers or advertisements on the Website, (4) communicating with us, or (5) signing up to receive newsletters or other communications. That Personally-Identifying Information may include each user’s name, address, email address, and telephone number. We also may request information about your interests and activities, your gender, age, date of birth, language preference, hometown and other demographic information, and other relevant information as determined by Company from time to time.
You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them.
BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
We may provide areas or features on or via the Website where you can post reviews, provide audio or other content during interactive sessions, and other information relating to your activities on or via the Website. Such postings are governed by our End User License Agreement. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
We may occasionally use your name and email address to send you notifications regarding new services or products offered by Company that we think you may find valuable. If we have obtained proper authorization, we may also contact you via email, telephone, text or push notification. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of receiving such communications, though we reserve the right to email you notices about your account even if you opt out of all voluntary email notifications.
We may provide you the option to connect your account, if applicable, on the Website to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, such as your Facebook account, we may collect the Personally-Identifying Information you have made publicly available in Facebook, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list, and any other information you have made public. We may also obtain other non-public information from the social network with your permission. Once connected, others may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
Company will disclose Personally-Identifying Information under the following circumstances:
- Marketing Communications Unless users opt-out from receiving Company marketing materials, Company may send you notifications through the Website, email and otherwise communicate with users, or contact users via other means (all in compliance with applicable law), about products and services that Company believes may be of interest to them. If a user wishes to opt-out of receiving marketing materials from Company, user may do so by following the unsubscribe link in email communications, by going to your account settings (if applicable) or contacting us using the contact information below. However, certain advertising presented within the Website may not be blocked.
- By Law or to Protect Rights When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our Company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our End User License Agreement or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- Third Party Service Providers We may share your Personally-Identifying Information, which may include your name and contact information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our functionality, supporting or maintaining our service platform or technologies, and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
We use the Personally-Identifying Information in the data we maintain about you, and other information we obtain from your current and past activities in connection with the Website to: deliver the products and services that you have requested, manage your account, if applicable, and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on the Website and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our End User License Agreement, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple listener IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made through the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
CONTESTS, GIVEAWAYS AND SURVEYS
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
DO NOT TRACK POLICY
The Website does not respond to “Do Not Track” signals or mechanisms.