Effective January 1, 2019
Your privacy is very important to Blackstone Audio, Inc. (referred to herein as “Blackstone,” “we” and “our”). Blackstone is committed to maintaining and using your information responsibly. Accordingly, Blackstone has developed this Privacy Statement in order for you to understand how Blackstone collects, uses, communicates, discloses and otherwise processes your personal information. This Privacy Statement describes how we manage the personal information that we collect at www.downpour.com (the “Site”) and does not apply to information that Blackstone may collect from you through other means. This Privacy Statement covers your use of the Site, whether you simply access and browse the Site, make purchases through the Site, enter information into the Site, and/or use any services or other features offered through the Site. The foregoing activities are collectively referred to as your “use of the Site” (or a similar phrase).
PLEASE READ this Privacy Statement before you use the Site. Your use of the Site signifies to us that you have read and understand all of the terms of this Privacy Statement.
This Privacy Statement explains:
- What personal information we collect about you from your use of the Site, why we collect it, who we share it with, and how long we keep it;
- How we use your personal information;
- How we protect your personal information; and
- Your legal rights related to the personal information we collect about you, including how to access and update your personal information.
- Please note that some of the provisions in this statement will only apply to you if you are based in the European Economic Area (“EEA”).
This Privacy Statement comprises the following sections:
- What Information We Collect About You
- Children’s Privacy
- How And Why We Use Your Information
- Cookies And Other Information Processing Technologies
- Who We Share Information With, And Why
- Transfer And Storage Of Your Information
- Securing Your Information
- Your Rights With Respect To Your Personal Information
- How Long We Retain Your Information
- Third Party Links On This Site
- Additional Information
WHAT INFORMATION WE COLLECT ABOUT YOU
Personal Information You Provide Voluntarily
Certain parts and functionality of our Site may ask you to provide information voluntarily. Blackstone collects and maintains personal information you provide to us when you:
- register for an account on the Site;
- subscribe to, purchase, or use Blackstone’s services, products, or content on the Site;
- participate in Blackstone’s surveys, contests, or other promotional events through the Site;
- are referred to Blackstone through a marketing promotion or third-party business relationship through the Site; or
- otherwise send us information through the Site.
The information you are asked to provide through the Site may include your name; your mailing address, phone number, e-mail address; contact preferences; username and password; billing information, purchase order information, credit card information, and/or procurement card information; and other information you provide to us when you communicate with us through the Site.
You are never under any obligation to provide us your personal information
If you choose not to provide us your personal information, you can still browse the Site; however, you will not be able to register for an account, purchase products, or use certain other services offered through the Site. Any personal information that you are asked to provide, and the reasons why you are asked to provide it, will be described to you at the point we ask you to provide the information. But generally, unless otherwise stated, the information you will be asked to provide is needed to provide you with the requested services, products, and content through the Site.
When you visit and interact with the Site, we automatically collect and store certain information from your computer or device. In some countries, including those in the European Economic Area (“EEA”), and under certain laws, some of this automatically-collected information may be considered personal information. Automatically-collected information as described in this section allows us to better understand the visitors to our Site, where they come from, and what content on the Site is of interest to them. We use this information for our internal analytics purposes, to diagnose problems with our servers, and to improve the quality, performance and functionality of the Site and its relevance to our visitors.
The information we automatically collect when you visit the Site informs us about the device(s) you use to access the Site, as well as your usage of the Site, and may include: the internet protocol (“IP”) address from your computer or device, unique device identifiers, broad geolocation data (country or city level), the registered domain or home server you use, the date and time you access the Site, the type of device or computer, the web browser type and language, the type of operating system your computer uses, the website address you navigated to the site from, search terms, search results, and similar information regarding the interaction between the Site and your computer, such as pages visited and links clicked.
We use “cookies” and other website tracking technologies, such as “pixel tags”, to gather clickstream data and information about how visitors navigate the Site. More information about our use of tracking technologies on the Site is described in the section “Cookies And Other Information Processing Technologies”, below, and in greater detail in our Cookie Notice.
Our Site may provide features that allow you to register, sign-in to, “like”, “follow”, or otherwise interact with Blackstone via third party social media services, including, but not limited to, Facebook, Twitter, YouTube, Instagram, and SoundCloud, among others. These features may enable integration and/or access to your social media accounts. We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your personal information on these services will be used. If you choose to sign-in to or submit information through any of these social media services, your personal information will be subject to the applicable social media service’s terms and conditions and your current privacy settings on such social media service. By accessing any social media service, you will be assuming the risk that the personal information you provide on that service may be viewed and/or used by third parties for any purpose.
Our Site is not directed at persons under age 18, and we do not allow anyone under the age of 18 to create an account on the Site. Further, we do not knowingly (i) collect any personal information from anyone under age 18; (ii) permit submission of personal information by anyone under age 18; (iii) contact anyone under age 18 for marketing purposes; or (iv) sell products or services to anyone under age 18. If we learn that we have received information from a person under age 18, we will use that information only to respond to that person (or a parent or legal guardian of that person) to inform him or her that he or she cannot use the Site, and we will then delete that information from our files. If you are under age 18, you should not use this Site and you should not send us personal information about yourself. If you believe we might have information from or about a person under age 18, please contact us.
HOW AND WHY WE USE YOUR INFORMATION
Legal Basis for Processing Your Information
Our legal basis for collecting and using information from you will depend on the information concerned and the specific context in which we collect it.
We use the information that you disclose to us and automatically-collected information for the reasons described in this Statement. But generally, we will only collect personal information from you (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests, such as monitoring and improving the Site, and not overridden by your data protection interests or fundamental rights and freedoms, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. Additional details about how we use the information we collect are described below:
- To perform our contract with you: Generally, we use the information you voluntarily provide to us in order to perform the services that you have requested of us (including to process product orders and payments), respond to your inquiries and support our customer relationship with you, and in any other way we describe when you provide the information. We may use your personal information to contact you about your account and to notify you about changes to our Site, products, or services, and/or this Privacy Statement and our other Site terms and policies.
- To improve Site performance and user experience: We use the information you voluntarily provide to us, as well as automatically-collected information, to customize and tailor your experience using the Site, displaying content we think you might be interested in and according to your preferences. We also use the information collected through the Site to analyze trends and statistics, as well as to update and improve our Site and the services that we provide. In some instances, we may combine automatically-collected information with information you provide to us, such as using IP addresses when our users log into their accounts to confirm their identity.
- To comply with our legal obligations: In certain situations we may use the information you voluntarily provide to us, as well as automatically-collected information, to help prevent fraudulent activity, including on your account, as well as for preventing, investigating and detecting crime, fraud, or anti-social behavior, including working with law enforcement agencies. We also may use this information to comply with our legal and regulatory obligations, including under applicable data protection laws.
- For marketing purposes: If you request to be put on our promotional mailing list, or otherwise provide your consent to receive marketing messages from us, we may use the information you voluntarily provide to us, as well as automatically-collected information, to send you announcements and other materials from time-to-time. More information about our marketing and advertising practices through the Site is described under the “Cookies And Other Information Processing Technologies” section, below, as well as in our Cookie Notice.
COOKIES AND OTHER INFORMATION PROCESSING TECHNOLOGIES
Marketing and Advertising. As described in our Cookie Notice, Blackstone may use, or allow third parties to place, pixels, or transparent GIF files, to help manage online advertising for the Site. These technologies are provided by Blackstone’s advertising partners, to enable them to recognize a unique cookie on your Web browser, which in turn enables Blackstone to learn which advertisements bring users to the Site. We use this information to make our Site and services more interesting and useful to you. These advertising partners are not allowed to use information collected from the pixels for any reason except on our behalf, and they are required to keep that information confidential.
Analytics and Security. For analytical and security purposes we also use other tracking technologies on the Site such as server and application logs, which may record information such as internet domain and host names, IP addresses, browser software and operating system types, clickstream patterns, and dates and times that the Site is accessed.
Promotional Mailing List: As described above, if you request to be put on our promotional mailing list, we will use the information that you give us to send you announcements and other materials from time to time. Each e-mail you receive from us will give you the option to unsubscribe from our mailing list. If you no longer wish to receive email communications from us, please click on the “unsubscribe” link provided in each email. Alternatively, you may email Blackstone at [email protected] Please be sure to include in such email your full name, email address and specify what type of information you do not want to receive. If you request that we not contact you for marketing purposes (either by using the opt-out mechanism or contacting us), there may be occasions where we still contact you for non-marketing purposes relating to your account and/or other use of the Site.
WHO WE SHARE YOUR INFORMATION WITH AND WHY
We may disclose aggregated non-personal information about our Site visitors. This is information that does not identify you or any individual.
We may disclose personal information that we collect or that you provide, as described in this Privacy Statement, with the following types of third parties:
In certain instances we may disclose personal information you provide to us in connection with subscribing to, making purchases, account creation, or otherwise using the services available through the Site to third party processors, fulfillment centers, financial institutions as necessary to process your purchases, or to other third-party service providers who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs, mailing lists, and third-party site analytics providers). If you make purchases using a credit card, your credit card information is processed and stored by a third-party payment service provider that follows Payment Card Industry (“PCI”) standards for safe storage of credit card information, and our third-party payment service provider is PCI compliant. Our third-party service providers are not authorized to use your information in any way other than in accordance with our instructions, and they are required to keep the information confidential. We cannot guarantee, however, that once disclosed, other parties will not gain access to this information. Blackstone will not be liable for any damages that may result from the misuse of your personal information by these companies. Blackstone does not sell personal information to third parties for advertising, marketing, or promotional purposes, and does not otherwise disclose personal information to third parties except as described in this Privacy Statement.
Purchasers or Successors in Interest
We may also disclose information that we maintain, without your consent and without additional notice to you, when required to do so by law, or where we have a good faith belief that disclosure is reasonably necessary to protect our rights or a third party’s rights, for example, in response to a court order, a subpoena, a request by a law enforcement agency or to respond to claims that any content violates the rights of any third party. We also reserve the right to disclose the information to any third party to prevent, investigate, detect or prosecute criminal offenses or attacks on the technical integrity of our Site or our network; and to protect the rights, property and safety of our firm, the users of our Site and the public; and to defend against legal claims, or take action regarding illegal activities or violations of this Privacy Statement or our other Site terms and conditions.
TRANSFER AND STORAGE OF YOUR INFORMATION
Your use of the Site may involve your personal information being transferred to, and processed in, countries other than the country in which you reside. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).
Specifically, we are headquartered in the United States, and our Site is hosted by Amazon Web Services (“AWS”) in the United States. This means that if you use our Site and if we collect your personal information through the means described in this Statement, your personal information will be processed by us and AWS in the United States, which (in the absence of an adequacy decision from the EU Commission or similar body from another country or territory) may not have the same level of data protection as in your country. However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Statement.
SECURING YOUR INFORMATION
We use commercially reasonable efforts to maintain the security, integrity, and privacy of any personal information you choose to give us and of automatically-collected information. We have security technology and procedures in place to try to ensure that all information stored on our database is secured against unauthorized access and use. For example, Blackstone uses secure login authentication for user accounts on the Site; a secure sockets layer server technology (SSL), which encrypts personal and financial information sent to us through the Site; firewalls, and other security measures. You should not send us financial information or other sensitive information via email, and you should not place orders with us via email, as this is not secure. In the event of an unauthorized use of your credit card, you should contact your card issuer immediately. Please promptly notify us if you become aware that your personal information is lost, stolen, or used without permission. If you notify us of such an event, we may disable access to your account in order to prevent an unauthorized third party from accessing your account.
Although we will strive to take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information or automatically-collected information that we collect will never be disclosed in a manner inconsistent with this Privacy Statement. Inadvertent disclosures may occur, and unauthorized third parties may circumvent the security measures we have taken and access your information. No data storage system or transmission over the Internet can be guaranteed to be 100% secure, and, as a result, we cannot guarantee the security of your personal information or automatically-collected information. Any transmission of information is at your own risk.
Information that you voluntarily make available for viewing by third parties online - for example in connection with postings, reviews, discussion forums or other community or social networking areas of our Site - can be seen, collected and used by others besides us. We are not responsible for any unauthorized third-party use of such information, and we are not responsible for maintaining the confidentiality of such information. We cannot control how users store, transfer, or use information gathered from our Site, so you should ensure that you do not post sensitive information to public areas of the Site.
YOUR RIGHTS WITH RESPECT TO YOUR INFORMATION
If you are a resident in certain territories (such as, but not limited to, the European Economic Area), subject to applicable local law, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time as described in the “Updating & Correcting Personal Information” heading below.
- In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information. You can exercise these rights by contacting us at [email protected].
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right at any time as described in the “Advertising and Marketing” section above, or by contacting us at [email protected].
- If we collect and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You can exercise these rights by contacting us at [email protected].
- If you are a resident of the European Economic Area, you have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)
Your California Privacy Rights
California Civil Code § 1798.83 permits Site users who are California residents to request certain information regarding Blackstone’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write to us at the address set forth below.
Updating & Correcting Personal Information
Registered users may update or correct the personal information that they have provided to Blackstone by going to the Edit Account section of the Site. Alternatively, you may notify Blackstone of any changes by sending an email to [email protected]. Please note that your account and all features of the Site may not function properly if we remove any or all of your personal information. If you want to close your account and/or ask us to delete your information from our database, please contact us at [email protected]. Please be aware, however, that if you update, modify or delete any information from your account, we may retain residual information about you in backup and/or archival copies of our database. Further, we may retain your information to comply with our retention practices described below. Finally, note that we may not accommodate a request to change or delete your information from our database if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Before responding to your request, we may ask you to verify your identity and/or provide further details about your request.
We provide the ability to opt out of marketing communications and to change or modify your personal information, regardless of your residency, as described in the sections above.
HOW LONG WE RETAIN YOUR INFORMATION
We will retain your personal information until you ask us to remove it from our databases, but otherwise for only as long as we need it to carry-out the purposes for which we collect and use it. Your financial information is retained by our third-party intermediary, except we retain the last 4 digits of your credit card for verification purposes if you use a credit card to purchase product through the Site. Please note that it may be impossible to remove some information, such as information that may reside in backup files. We may also retain automatically-collected information even after you request that we remove your information from our database, for use in the aggregate and to analyze and improve our Site. Further, even after you request that we remove your information from our databases, we may retain personal information and automatically-collected information to comply with applicable laws, rules, regulations, or guidelines; to prevent fraudulent activity; to protect ourselves against liability; to resolve disputes; and to permit us to pursue available remedies and limit any damages that we may sustain.
When we have no ongoing legitimate business need to process your personal information, we will either delete it or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
THIRD PARTY LINKS ON THIS SITE
Our Site may contain links to websites operated by third parties that are not under our control or supervision. We are not responsible for the privacy practices of these websites. These websites may have their own cookies, privacy policies and customer service policies, or no policies at all. We encourage you to read the privacy policies of the other websites to see how your personal information will be handled on the third-party sites before providing them with your personal information or continuing to use the third-party websites and services. We are not, and shall not be deemed to be, responsible or liable for the privacy practices of such third parties, and your use of such websites is at your own risk.
Effective Date and Modifications
This Statement is effective as of the date listed at the top of this page. Please note that we may modify this Privacy Statement at any time, at our sole discretion, by posting the modified Statement on our Site. You can determine if this Privacy Statement has been revised since your last visit to the Site by referring to the effective date. Blackstone will also provide notification of significant changes to this Privacy Statement through a link on the home page of the Site. In addition, if changes are significant and if you have set up an account through the Site, we will also notify you of such changes via the email address you have provided to us. You are responsible for providing us an up-to-date and active email address, and for periodically reviewing this Privacy Statement to check for any changes. The modifications will be effective upon posting, unless some other date is specified. All personal information held by us will be governed by the most recent Privacy Statement posted on the Site. We will keep prior versions in an archive for your review upon your request.
If any part of this Privacy Statement is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Privacy Statement shall continue in full force and effect.
Questions or Comments
If you have questions regarding this Privacy Statement, you may contact us at Blackstone Audio, Inc., Attention: Privacy, 31 Mistletoe Road, Ashland, Oregon 97520; email: [email protected]; Phone: 1-800-621-0182