indieOn

indieOn Privacy Policy

Effective as of Oct 30, 2018
indieOn is a streaming multimedia platform that operates a personalized App and web based services in addition to several other features available through the app and website at indieOn.com, which is available on IOS and Android devices and tablets, computers, in automobiles, and through other consumer electronic devices. The indieOn App or related web based services, as used in this policy, refers to indieOn , "indieOn", which is a the intellectual property of VTJsoft LLC. and its subsidiaries. This policy applies to all indieOn authorized operations of the Service. We may refer to indieOn as "we", "us", or "our". We may refer to you as "listener", "you", or "your". The purpose of this policy is to inform you about the information we collect, how we use and share that information, and the ways in which you can control how we use and share that information. By submitting your information through our Service, you agree to the terms of this policy and you expressly consent to the collection, use, and disclosure of your information in accordance with this policy.

1.Information We Receive or Collect from You

Registration Data

: When you register, we ask you to provide certain information, which includes your email address, birth year, gender, and zip code (the "Registration Data"), as well as a password for your account.

Payment Information

: Should you decide to subscribe to the fee-based portions of the Service, Tip an artist, purchase a product through the indieOn shop or subscription to the Service as a gift, or purchase add-on products or services, you will also be asked to provide (at a minimum) your name and credit card information ("Payment Information").

Information You Choose to Provide to indieOn

: You have the option to provide a variety of information during your interactions with us on the indieOn platform, such as emails you may send us, ads you respond to, or other types of information you opt into. indieOn or third parties acting on our behalf receive data from you whenever you provide us with any of this type of information.

Listening Activity

: To provide a better listening experience, our algorithm keeps track of your listening activity, including the title of songs, genre of music you have have listened to, tracks that you like or don’t like based on your input on the App, the artists you listen to, the tracks you skip, and how long you listen to a particular genre or artist.

Community Posting

: You have the option to share information in our social networking pages, or what might be available on or accessible through the Service, such as your public profile, artist and album forums. You should be aware that any information you submit in the course of these community activities can be read, collected, or used by other users of these parts of the Service, as further discussed below. We are not responsible for the information you choose to make public in any of the community networking features available on through or related to the Service.

Technical Information

: As is true of many internet-enabled services, indieOn may collect certain non-personally identifiable technical information through the use of log files and servers. Web and application servers create log files automatically as part of their setup and configuration. Information in a log file may include IP address, browser type, Internet service provider, date/time stamps, MAC address, file requested and other usage information and statistics.

Contact Information

: Should you choose to participate in certain promotions, artist tipping, use the indieOn shop or utilize certain features and/or rewards offered through the Service, you may provide us, and we may collect, your contact information, including your name, mailing address, and phone number ("Contact Information"). The email address you provided as part of your Registration Data is not considered Contact Information for the purposes of this policy.

Device Information

: Access and use the Service from a computer, mobile phone, tablet, automobile, or other electronic device, we may collect information about those devices to provide you with a better experience. For example, our servers receive and store information about your computer and browser, including your Internet Protocol (IP) address, browser type, and other related software or hardware information. If you access the Service from a mobile phone, tablet, automobile, or other electronic device, we may collect and store information such as device type, operating system version and type, unique identifiers (such as Android Advertising ID, VIN, MAC address, and IDFA), carrier, and other related information for that device.

Location Information

: As part of registration process for the indieOn Services, you agreed to provide us with, and allow us to use, your zip or postal code. We do not track your location.

Third Party Personal Information

: Certain features on the Service, should you choose to use them, will require you to provide personal information about your friends. If you choose to provide Third Party Personal Information in connection with such features, we may store and use the information for purposes of providing those features, we may ask for your friend's name and email address to provide the “gift”, such as a subscription, or an item from our E-shop. We may also use Third Party Personal Information for related purposes, such as to prevent fraud.

2.Information We Receive or Collect from Third Parties

We may receive or collect information about you from third parties, and combine and store it on our servers with other information we may have already received or collected from you. These third parties include: Service partners that provide or make available advertising That is relevant to you or your registered location. Advertising partners that collect and store information on their customers. These partners may provide indieOn with certain information About those customers for the purpose of advancing that advertisers efforts to reach it’s potential customers on the indieOn platform. Marketing companies and data providers that create, maintain and distribute lists or portions of lists or other similar data. Government or governmental agencies or organizations that provide or make available to the public, public service announcements, or collect demographic or census data. indieOn or VTJsoft LLC is not responsible for, and will assume no liability, if a business partner or other entity collects, uses, or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or regulations.

3.Information Collection Technologies

Our use of cookies

: indieOn uses "cookies." A cookie is a tiny file our server writes to your hard drive that contains an alphanumeric identifier. Cookies are used to help us manage your interaction with the platform by collecting information that we use to improve the service, authenticate your login credentials, track return visits to platform, our advertisers' or partners' websites, collect and report on aggregate statistical information. We may also collect other data such as the page or site that referred you to the Service, the date and time you visited the Service, and your current IP address. These are known as first party cookies. indieOn uses both resident and session cookies. Session cookies expire when you exit the platform; resident cookies remain on your hard drive. Should you choose to not allow cookies, your experience on our platform will be somewhat limited. These settings can be adjusted in your browser.

Advertisers' and other third parties' use of cookies

: Advertisers and third-party advertising partners that deliver ads to you on the Service may place or recognize a unique cookie on your hard drive. These types of non-indieOn cookies are known as "third- party cookies." Advertisers and third-party advertising partners may use third-party cookies in order to collect information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. They may also use third-party cookies to provide you with interest-based advertising. Most major web browsers provide users with the option to accept or reject third- party cookies. The use of third-party cookies is not covered by this privacy policy. We do not have access to or control over cookies placed by advertisers and other third parties.

Beacons and tracking pixels

: indieOn, its third-party advertising partners, and tracking-utility partners might employ a technology known as "beacons" or "tracking pixels". A Beacon is a one-pixel-by-one-pixel clear image that is embedded in HTML content, and is about the size of a period at the end of a sentence. When HTML content containing a Beacon is rendered, the Beacon transmits anonymous information to a server, such as a numeric count, unique identifier, or IP address. indieOn and its partners might employ the use Beacons in the future to help us better manage content on our Service. The use of a Beacon may also allow us to gauge the effectiveness of certain communications and of our marketing campaigns.

HTML5 and Flash Local Storage

: indieOn and its advertising and technology partners may, in some instances, use HTML5 and/or Flash Local Storage (collectively, "Local Storage") to enhance your listening and advertising experiences on the Service. For example, we use Local Storage to keep track of the current song playing in the event your browser window reloads inadvertently, that way we can continue playing that song starting at the same position it was prior to reload. Our advertising and technology partners may use Local Storage to detect your bandwidth speeds for optimal video playback performance. Each browser implements HTML5 Local Storage differently and provides tools for managing content stored within local storage. Review your browser's privacy settings to manage the content stored within HTML5 Local Storage.

4.How We Use Information We Receive or Collect

Generally

: indieOn may use your Registration Data and/or other information or data we receive or collect, as well as data we derive or infer from combinations of the foregoing, for a variety of purposes, such as: To facilitate the creation of a security of your indieOn account. To customize and personalize the content you receive, gauge metrics on the platform usage to enhance the users experience, whether though our advertising partners, or indieOn. Advise you of unusual activity, participate in promotions or sales though the indieOn store, events related to artists or products we think may be of interest to you. To tip or pay for downloads by reporting to the independent artists, or copyright license holders.

Email Address

: We do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other Registration Data to provide you with technical support, send you notices about the Service or other promotional offers you have elected to receive, and to serve you with ads that are more relevant to your interests. We may also work with data partners and advertising platforms to help increase the relevancy of ads we provide to our listeners. In doing so, we may use information representing an encrypted or hashed value derived from information we have received, such as your email address, in connection with these partners and platforms.

Contact Information

: We do not sell or give your Contact Information to companies for their own marketing purposes without your permission. We do use Contact Information, however, to contact you, and to provide you with special offers and other information. Should you participate in any indieOn program by opting in, we may use your Contact Information to deliver the relevant information and content to you, or to contact you and facilitate the call. If you provided your Contact Information as part of your use of the indieOn Multi Function Platform, we may use your Contact Information to update you on new features and functionality made available as part of the indieOn’s Multi Function Platform, or the status of your music / film or art submission. You may at any time request that we cease using your Contact Information by user support.

5.How We Share Information We Receive or Collect with Others

How Your Information Is Shared

: indieOn may share information we receive or collect in a variety of ways, such as: When you give indieOn permission through an affirmative election by clicking “yes” in responding to a message such as share my email with this advertiser. When you elect to participate in a social feature on the indieOn Platform such as station sharing or other reviews or open forums. If we contract with third party to provide specialized services on our behalf such as credit card processors, customer support, ad servers or other providers of marketing services including bulk email processors who send out information on our behalf, contests and prize fulfillment. These companies only are authorized to use your personal information only as necessary to provide the services to indieOn. They are not authorized to use your personal information for their own unrelated purposes. If you elect to utilize certain features on the platform or services provided jointly by indieOn and third party, we may share certain limited required information with those third parties for account authorization and management to allow user functionality on their platforms. You agree that we may provide certain limited data to those partners. When you provide information though social networking platforms such as Facebook, you are agreeing to allow the indieOn to communicate and integrate with the other service to make the social features available for you and enhance your experience on the platform. These service partners may have their own privacy policy regarding data collection and practices that may also be applicable to your personal information not covered by the privacy policy of indieOn.

Sharing of Personally Identifiable Information

: We do not share personally identifiable information with third parties other than as described in this policy. However, we may share your information, including personally identifiable information, in order to (i) protect or defend the legal rights or property of indieOn or VTJsoft, or the legal rights of our business partners, employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of indieOn users or members of the public including acting in urgent circumstances; (iii) protect against fraud or to conduct risk management; or (iv) comply with the law, legal process, or legal requests. Additionally, we may share your data, including any personally identifiable information, with our successor in interest in the event of a corporate reorganization, merger, or sale of all or substantially all of our assets.

Sharing of Device Data

: indieOn may share information from devices you use to access the Platform with its third-party vendors or service providers, manufacturing or distribution partners, or advertising partners. We share this information for a variety of purposes such as mobile listening capping, advertising frequency capping, tracking advertising conversion events, estimating the number of unique users, security and fraud detection, debugging problems with the indieOn Platform, and for providing you with more relevant advertisements.

Sharing of Non-Personally Identifiable or Aggregated Data

: indieOn may share with third parties, advertisers, and/or business partners non-personally identifiable, or aggregated data we receive or collect, such as de-identified demographic information, de- identified location information, information about the computer or device from which you access the Service, or information about the stations, tracks, and artists you listen to, thumb-up, thumb-down, or bookmark. We share such information for a variety of reasons, such as to analyze Service usage, improve the indieOn Platform features and your listener experience, improve the serving of advertisements, or for other similar purposes. The use and disclosure of such non-personally identifiable, or aggregated information is not subject to any restrictions under this policy.

Information You Disclose in a Public Profile or in Public Forums

: The indieOn Platform offers publicly accessible and available profile pages, community forums (such as artist, song, or advertiser pages), blogs, and pages on social media platforms. You should be aware that any information you provide or post in these areas may be read, collected, and used by others who access them. If your profile is public, any information you place in your user profile, including biographical information, the people you are following, and the people whom you allow to follow you, may be read, collected, and used by others who access them.

Onward Transfer

: If your personally identifiable information is transferred as described in this policy, we will seek assurances from the recipients of such personally identifiable information (prior to the transfer) that they will safeguard the personally identifiable information in a manner consistent with this policy. We ask recipients of such information to enter into a contractual relationship with us that includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections of information as provided in this Policy.

Opting Out of Third Party Service Measurement and Analytics

: As disclosed in this policy, we use third-party providers to aid us in measuring and analyzing service usage. You may opt-out of web- based participation in these measurement services by following the instructions on the following web pages for each respective company: Nielsen and Scorecard Research.

Modification of Your Registration Data

: We provide you with the ability to modify your Registration Data, which you may do through the Settings section of our Platform.

Retention of Your Registration Data and other Information

: We will retain and use your Registration Data and the other information we collect about you for as long as your account is active or as needed to provide you Services. We will retain and use this information for the purposes for which it was collected (as specified in this policy or as indieOn discloses to its listeners outside of this policy), including, to provide the Service to you, comply with our legal obligations, resolve disputes, and enforce our agreements. If you would like to delete your Registration Data, or if you would like more information on cancelling or deactivating your account, please contact customer support.

Your Email Preferences

: When you register for the Service, you may elect to receive promotional, marketing, or other similar emails tailored to your interests. You have the option to change this election in the Settings section of our Service. Additionally, you may also follow the unsubscribe instructions contained in the promotional, marketing, or other similar emails you receive. We will send you transaction confirmation emails and other Service- related announcements when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. Cancellation or Deactivation of Accounts : If you would like to request the cancellation or deactivation of your account, you should contact customer support team for assistance. Cancellation or deactivation of your account does not ensure complete or comprehensive removal of the content or information you may have posted or otherwise made available publicly on the Platform while you were a registered user. You should also contact our customer support team to request the deactivation of a profile you believe is fake or otherwise unauthorized.

indieOn Profile Visibility

: When you initially register on the indieOn Platform, your profile and listening activity will be public. When the visibility of your indieOn profile is set to public, the Service automatically publishes your listening activity to your profile. For example, if you create a new We provide you with the ability to change the degree of visibility of your indieOn profile. For detailed instructions on how to adjust your indieOn profile visibility settings, visit help.indieOn.com Please note that changes to the visibility of your indieOn profile do not have any impact on the advertising you may see if you use the ad- supported version of the Service.

Cached Profiles on Search Engines

: Please note that although we may deactivate your account or make your profile private at your request, Internet search engines such as Google and Bing cache publicly available webpages for a period of time beyond the control of indieOn, and may make your deactivated or formerly public profile available to users of their services on their platforms until such time as they refresh their webpage cache. Please consult with the applicable search engine to determine how you may remove webpages from their webpage cache.

8.Security and Content from Other Websites

Protection of Data from Loss

: By utilizing Blockchain / Smart Contract technology we have implemented the highest security measures designed to protect against the loss, misuse, and alteration of the information we collect or receive from you. For example, when you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). However, despite our efforts, no security measures are perfect or impenetrable.

Data Integrity

: We will use personally identifiable information, if any, that we collect and receive from you in ways that are relevant and compatible with the purpose for which that information was collected or provided to us as more fully disclosed in this policy. We will take steps to ensure that all personally identifiable information collected, processed, and/or stored is protected on the blockchain from destruction, corruption, or use in a manner inconsistent with the purpose for which we received it.

Links to Other Websites

: Our Platform and certain advertisements on our Platform may include links to other websites whose privacy practices may differ from those of indieOn. If you submit personal information to any of those websites, the privacy statements and practices of those websites govern their use of your information. We encourage you to carefully read the privacy statement of any website you visit.

Use of Framing Techniques

: Some of our third-party partners may utilize framing techniques to serve content to and from webpages accessible through our Service while preserving the look and feel of our website. Please be aware that if a third-party partner utilizes framing techniques, you are providing your personal information to this third-party partner and not to indieOn

9.Our Policies Concerning Children

indieOn prohibits registration by, and does not knowingly collect personal information from, anyone under 13 years of age. In the event we obtain actual knowledge that we have collected information from children under the age of 13, we will take measures to remove such information from our servers. If you believe that we might have any personal information from a child under 13, please contact our customer service dept.

10. Your California Privacy Rights and "Do Not Track"

Pursuant to California Civil Code Section 1798.83, this policy sets forth that we only share personal information (as defined in California Civil Code Section 1798.83) with third parties for direct marketing purposes if you either specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide personal information or when you choose to participate in a feature on the Service. If you do not opt-in or if you opt-out at that time, we will not share your personal information with that identified third party for direct marketing purposes. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how we respond to "Do Not Track" browser settings. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals as there is no consensus among industry participants as to what "Do Not Track" means in this context. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com/.

11. Transfer of Information of International Listeners

Please note that the information you submit to us may be transferred to the U.S. and other countries to be processed by us or our service providers in order to provide the Service to you or for such other purposes as set forth in this policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this policy, outside your resident jurisdiction, including in the U.S. Please be aware that U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.

12.Changes to our Privacy Policy

We will continue to evaluate this policy against new technologies, business practices, Safe Harbor requirements, and our listeners' needs, and may make changes to the policy accordingly. Please check this page periodically for updates. If we make any material changes to this policy, we will post the updated terms of the policy on the Service, and provide you notice of such chances, which may include notice by email through a message sent to the email address you use to access the Service, or posting a message on the Service. Any material changes to this policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on the Service. These changes will be effective immediately for new users of the Service. Please note that at all times you are responsible for updating your information to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

13. Governance

Enforcement

: indieOn will conduct compliance audits of our relevant privacy practices to verify adherence to this policy and will self-certify with the U.S. Department of Commerce for the purposes of EU Safe Harbor compliance. Further, we will conduct follow up investigations to verify that attestations and assertions regarding our privacy practices are accurate. You may inquire about an inaccuracy or make a complaint about a potential violation to us via the contact information provided below. We do engage in training to support implementation and compliance of our privacy practices; any employee that we determine is in violation of this policy may be subject to disciplinary action. Dispute Resolution : Questions or concerns regarding our use or disclosure of information may be directed to our listener and artist support team. indieOn will investigate and attempt to resolve complaints and disputes regarding use and disclosure of information in accordance with the principles contained in this policy. For complaints that cannot be resolved between indieOn and the complainant, indieOn agrees to cooperate with the respective data protection authorities located in the applicable country (or their authorized representatives) and participate in any dispute resolution procedures established by such authorities.

14. Contact Us

If you have any questions about this privacy policy, or the privacy practices of indieOn, contact our customer support team for more information, or write to us at Attn: indieOn Listener support: 212 E. Marcy St, Suite 9 Santa Fe, NM 87501