Privacy Policy

hitRECord.org Privacy Policy

Last Modified: June 7, 2013

View our previous Privacy Policy (posted: January 4, 2010)

Welcome to the hitRECord.org LLC (“ hitRECord.org ”) web site and online services (the “ Site ”). hitRECord.org values the privacy of its members and others who visit and use the Site (individually, “ You ” or collectively, “ Users ”). We know you care about how information is collected about you on the Internet and we believe it is important for you to understand how we use, collect, and protect information that we obtain about you from your use of and interactions with the Site.

This Privacy Policy is incorporated by reference into and made a part of the hitRECord.org Terms of Service (the “ Terms ”). Your use of the Site and any personal information you provide on the Site are subject to the terms of this Privacy Policy and the Terms. Capitalized terms used in this Privacy Policy shall have the meaning set forth in this Privacy Policy or the Terms.

This Privacy Policy explains how we:

  • Collect,
  • Use, and
  • Disclose

information we gather from you, how we use that information, and when and under what conditions we will disclose that information.

By using the Site (whether or not you are a registered User), you expressly consent to the information handling practices described in this Privacy Policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, then you should not use the Site.

Personal Information ” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

By using the Site, you authorize the Site to gather, parse, and retain data related to the operation of the Site and collect, use and disclose information as described in this Privacy Policy.

1. The Information Hitrecord.org Collects:

hitRECord.org collects Personal Information:

  • when you register;
  • during use; and
  • when you communicate with us.

The Site also collects information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site.

Personal Information Collection. You must register to upload RECords to the Site. During registration, you may disclose Personal Information, such as a user name, e-mail address, personal website, and photograph.

Using the Site. The Site also collects information from you if you are a Contributing Artist. For example, if you contribute a RECord that is used in a Production and are entitled to a share of the Contributing Artists Profit Pool, we may need to obtain additional information from you in order to pay you, such as your taxpayer identification number, a share of Profits.

Making Payments. When you make purchases through the store on the Site, you may need to provide Personal Information to our third-party service providers, such as your name, billing address, and credit card number.

Customer Support. We may collect Personal Information through your communications with our customer support team.

Location and Device Information from Your Mobile Device. hitRECord.org may collect and store your location and device information. Collection of this information may improve the availability of the Site and provide you with access to customized offers.

Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

When you use the Site, we and our third-party service providers, including analytic service providers, receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly. You can usually find out information about how to delete cookies on your browser through a “help” menu.

Analytics Services. We use third-party tools to collect and aggregate anonymous information about how users interact with the Site by their use of cookies, web beacons, and other technologies, and we use this aggregated information to adapt, modify and/or improve the Site for the benefit of our users. If you do not wish to have these tools collect anonymous information about your activities on the Site, then you should not use the Site.

2. The Way Hitrecord.org Uses Information:

hitRECord.org uses the information it collects through the Site, including Personal Information, to:

  • analyze usage of the Site;
  • facilitate and improve the Site; and
  • communicate with you.

Analysis. We collect information on the usage of the Site to study the way in which Users and Artists engage with RECords, Productions, the Store, and other functionalities of the Site. For example, we may monitor engagement by category of RECord, the most prolific Artists, popular topics and the like.

Improvements. We use information about Users of the Site to facilitate the offerings and operations of the Site and to improve the Site. This could include offering new functionalities, changing the User experience, and updating functionalities.

Communication. We may send e-mail to the e-mail address you provide if you become a registered User in order to verify your account, to communicate with you about a RECord, Production, solicited or commissioned project, purchase or other engagement with the Site. We may also communicate with you for account management, customer service or system maintenance purposes. We may also communicate with you regarding changes to Site functionality, our Terms, Privacy Policy, allocations of Contributing Artist Profit Pools, distributions or delays in distributions of Profits, and the like. By using the Site, you hereby agree to accept communications from us, including via e-mail.

3. When Hitrecord.org Discloses Information:

hitRECord.org may share your information, including Personal Information:

  • to our employees, contractors, and advisors;
  • with third-party service providers;
  • to comply with legal obligations;
  • to protect and defend our rights and property or the safety of other Users; and
  • with your permission.

Internal Disclosures. hitRECord.org relies upon its employees, directors, and advisors for the operation of the Site. Those individuals with a need to know for the purposes of providing their services to hitRECord.org may have access to aggregated and Personal Information. These individuals may only use User information for the purposes of providing services to hitRECord.org and for no other purpose.

Aggregated Information. hitRECord.org discloses automatically collected and other aggregate, non-personally identifiable information with third parties for understanding the usage, viewing, and demographic patterns for certain programs, content, and services of the Site. We may use such aggregate information to help us monetize a Production or for other purposes.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site. This means that third parties that we rely upon for the operation, maintenance, and improvement of the Site may have access to User information, including Personal Information. These third parties may only use User information for the purposes of providing services to hitRECord.org and for no other purpose.

Displaying to Other Users. When you upload content to the Site, including RECords and comments, certain Personal Information about you, such as your user name and identifying photo, may – and likely will be – displayed on the Site. Other more sensitive Personal Information, such as your postal address, e-mail address, phone number, or any taxpayer identification information, will NOT be displayed on the Site. Other Users of the Site, including Users who come to the Site via a link posted on a third party website, will have access to the publicly displayed information. We are not responsible for privacy practices of the other Users who will view and use the posted information you choose to make available on or through the Site. You should therefore be mindful of these types of disclosures when selecting a User name or choosing the photograph to use with your account.

Contributing Artist Profit Pools. If you are a Contributing Artist and a RECord you have uploaded to the Site is included within a monetized Production, then we will post your hitRECord.org User name, your Contributing Artist’s Share, and the amount of money due you when making disclosures about monetized Productions, whether for the purposes of establishing the Contributing Artists’ Shares in the Contributing Artists Profit Pool or when documenting allocations of the Contributing Artists Profit Pool. If you do not wish to have your Personal Information disclosed, then you should not contribute a RECord to the Site.

Marketing. We do not rent, sell, or share your Personal Information with other people or nonaffiliated companies for their direct marketing purposes. We may, however, allow access to other data collected on or through the Site to enable the delivery of online advertising on and through the Site that may be useful, relevant, valuable or otherwise of interest to you. For example, we may target communications to you on behalf of third parties based upon your Personal Information without sharing your Personal Information with a third party. If you respond to such a communication, then the third party may deduce that you meet certain characteristics (e.g., you are a woman between the ages of X and Y). In all cases, hitRECord.org may market its services to you directly.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our or others’ rights, property, interests, including with respect to intellectual property or safety.

Merger, Sale, or Other Asset Transfers. Although we have no present intention to sell hitRECord.org to a third party, take the company public, go into bankruptcy or surrender control of the company, it is always possible that future circumstances may change and result in a change in control, merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale assets, or transition of the Site to another provider. In such an event, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

With Consent. We may also disclose your Personal Information with your permission.

4. Your Choices:

Abstaining from Disclosing Personal Information. You may, of course, decline to share Personal Information with hitRECord.org, in which case hitRECord.org will not be able to provide to you some of the features and functionality found on the Site. For example, absent Personal Information, you cannot upload a RECord or receive any share of Profits from a monetized Production.

Correcting or Deleting Personal Information. If you register as a User of hitRECord.org, you may update, correct, or delete your profile information and preferences at any time by emailing us at support@hitrecord.org.

5. Third-party Advertisers, Links To Other Sites:

The Site may be linked to Internet websites operated by other companies. Some of these websites may be co-branded with our name or logo, even though they are not operated or maintained by us. hitRECord.org may also permit other companies, called third-party ad servers or ad networks, to serve advertisements within the Site. These third-party ad servers or ad networks may use technology to send, directly to your browser, some of the advertisements and links that appear on the Site. These advertisers may automatically receive your IP address if this happens. These advertisers may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

You should consult the respective privacy policies of these third-party websites and third party ad servers or ad networks. hitRECord.org's Privacy Policy does not apply to, and we cannot control the activities of, such other third party advertisers or web sites. Please be aware that hitRECord.org does not warn you when you have chosen to link through to another website from the Site.

6. Our Commitment To Children's Privacy:

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@hitrecord.org. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

7. Security Of Your Information:

Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to hitRECord.org, including your Personal Information. We do not accept liability for unintentional disclosure. Do not share any information on or through the Site if you are concerned about the unauthorized access to such information by a third party.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@hitrecord.org.

8. International Users:

By using the Site, you will transfer data to the United States.

By choosing to visit the Site or otherwise provide information to hitRECord.org, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California and the dispute resolution provisions set forth in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

If you wish to withdraw your consent for the use and sharing of your Personal Information pursuant to this Privacy Policy, then you will need to terminate your account and cease all use of the Site. You can deactivate your account by sending an e-mail to support@hitrecord.org.

9. Changes To Our Privacy Policy And Practices:

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this page of the Site, and the revised version will be effective when it is posted unless otherwise specified as set forth at the top of this Privacy Policy. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically. This may mean checking the provisions of this Privacy Policy each time you upload a new RECord.

You are responsible for ensuring your continued acceptance of this Privacy Policy, and your continued use of the Site following a change in the Privacy Policy will subject your use of the Site following any such change to the new provisions of this Privacy Policy.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

10. Hitrecord.org Contact Information:

Please contact hitRECord.org with any questions, suggestions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, your consent choices, the Site or any other topic by email at support@hitrecord.org. or by mail at:

  • hitRECord.org LLC
  • 6613 Val Jean Avenue
  • Van Nuys, California
  • 91406