Last update may 11 2010

Objective and Scope of Policy

Welcome to viinyl.com, a division of neken Inc. (“viinyl”), a song based website creation service and provider of a variety of tools and resources designed to create, manage, and send social media marketing campaigns and to collect email addresses ("Services")

This privacy policy ("Policy") explains how personal information is collected, used, and disclosed by viinyl.com (“viinyl”), a division of neken inc. with respect to your use of the web site located at www.viinyl.com (the "Site") so you can make an informed decision about using the Site, the song based web site creation and hosting services, fan management service and music distribution network offered by viinyl.

Please note that this Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with web sites hosted by viinyl ("User Sites") or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Registration forms contain both mandatory fields (as indicated) and non-mandatory fields; if you choose not to complete the mandatory fields then viinyl may not be able to respond to your request or activate your option choices. By using the viinyl Toolset and/or the viinyl.com Web Site, you consent to any transfer of personal information, collected by viinyl, outside your country for the purposes of storing the information where viinyl maintains their facilities.

We reserve the right to change this Policy at any time. If we make any material changes to the way we use your personally identifiable information, we will notify you here, post a new policy on our Site and update the “last updated” date set forth above, or by email. Therefore, we encourage you to check our Policy whenever you use the service to see if it has been updated since your last visit. Your use of the Site after the revised Policy has been posted will constitute your consent to such revised Policy.

  1. Personal Information

    We collect two basic types of information with our service, namely personal information and aggregate information. As used herein, the term “personal information” means information that specifically identifies an individual (such as a name and e-mail address), and demographic and other information about an individual when directly linked to personally identifiable information. A user name may be personal information if it includes personally identifying information such as a first and last name. Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use our service may be collected and combined with information about how others use the service, but no personal information will be included in the resulting data. Aggregate data helps us understand trends in our usersʼ needs so that we can better consider new features or otherwise tailor our service. This policy in no way restricts or limits our collection and use of aggregate information, and we may share aggregate information about our users with third parties for various purposes, including to help us better understand and improve our service, and for advertising and marketing purposes.

  2. Updating/Accessing/Amending Personally Identifiable Information

    If your personally identifiable information changes, or if you no longer desire our service, you may update your profile or delete it by clicking on the My Profile link after you log in or by emailing our Customer Support at support@viinyl.com

  3. Personal Information Collected by Bands

    As a condition to using certain features of our website and services (including, without limitation, the free download feature), you may be required to provide certain personal information to relevant bands, such as your e-mail address, country of residence and zip/postal code ("Fan Information") in order to join the relevant band's mailing list. As a condition to each such band's right to receive such Fan Information, viinyl requires each band to agree that it 1) will not not disclose, rent, or sell any Fan Information to any third party, 2) will use the Fan Information only in connection with the band's mailing list, in order to provide fans with general information and news about the band, and 3) will ensure that any e-mail sent to its mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism). However, viinyl has no control over and no liability for the use of the Fan Information by the bands. You can choose not to provide such Fan Information, but you may not be able to take advantage of the associated features.For further information, please see the "Fan Personal Information" section 15 of the viinyl Term of Service.

  4. Use of Your Email List Information

    viinyl is not an email list rental service and does not rent or sell any email addresses or other contact information that you provide or collect regarding your email list members. At all times, you retain ownership and control of your email lists and list information. When you schedule an email message to be broadcast to your list members, viinyl sends your message based on the personalization, targeting, and other criteria that you specified when you created and scheduled your message. Please keep your account login and password secure at all times, changing your password regularly as you would on other computer systems to prevent unauthorized access or use. In order to comply with government legislation, email addresses which have requested no further contact will be placed on a suppression list which may be accessed by other organizations to maintain suppression of such addresses in their mailings as well as ours.

  5. Data Collected

    1. Active Collection

      Personal information may be collected in a number of ways when you visit our Site. We may collect certain information you voluntarily provide to us which may contain personal information. For example, we may collect your name, address, email address, user name and other contact and demographic information when you register and set up an account or contact us by e-mail or other means for any reason. We may also collect payment information if applicable. If In addition, from time to time we may collect demographic, contact or other personal information you voluntarily provide to us, such as in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site.

      The following is a list of the means by which viinyl may collect Personal Information on this website:

      • Registration Processes
      • Communications from you
      • Information & content downloads
      • Product or service purchases
      • User support
      • Surveys, contests, sweepstakes, games, promotional offers and
      • other activities on the site

      For each registered user of the Site (each a "Registered User") to the viinyl.com Site, our Web server automatically recognizes any header information that is shared with our Web server. Viinyl collects the IP address and header information, and may collect the following:

      • The e-mail address of Registered Users of our Web Site and the viinyl Toolset
      • The e-mail addresses of Registered Users who post messages to our bulletin board, communicate with us via e-mail, and/or make postings to our chat areas
      • Aggregate information on what pages Registered Users access or visit
      • Registered User-specific information on what pages Registered Users access or visit
      • and Personal information may also be collected if you leave comments or other communications on the Site.

      By doing so your name and the content of your communication may be made public and can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

    2. Automatically Collected Information

      As mentioned above, we automatically receive certain types of information whenever you interact with us. For example, when you use the Web site, our systems may automatically collect your IP address and the type of operating system or browser you use. We may also collect information pertaining to your account activity, and standard access information, such as the time and date of your accessing the service and your usage of the service. We use such information for purposes such as compiling aggregated statistics about service usage.

      We may also use cookie technology to collect information. Among other things, the use of cookies enables us to:

      • Store Registered Userʼs preferences
      • Record session information, such as items that visitors and Registered Users add to their shopping cart;
      • Record Registered User-specific information on what pages Registered Users access or visit
      • Alert Registered Users to new areas that we think might be of interest to them when they return to our site
      • Record past activity at a site in order to provide better service when visitors and Registered Users return to our site
      • Deliver advertising targeted to your interests and ensure that visitors and Registered Users are not repeatedly served the same messages or offers.

      A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a web siteʼs computers and stored on your computerʼs hard drive. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Site and the service may not function properly. For example, you may not be able to sign in and may not be able to access certain Site features or services.

  6. Links to Other Sites

    If you click on a link to a third party site, you will leave the viinyl.com Site or any of itʼs sub-domain sites, you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as viinyl. If you visit a third party website that is linked to from a viinyl Site or User Site, you should read that websiteʼs privacy statement before providing any personally identifiable information.

  7. California Online Privacy Protection Act Compliance

    Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

    As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.

  8. Information about Children

    Our service is not intended to be used by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 except in compliance with applicable law.

  9. Use and Sharing of Information

    1. Registration:

      In order to become a viinyl member, you must create an account for the website. To create an account you are required to provide certain information, such as your name and email address. You will also be asked to choose a password. During the registration process, you may be given an opportunity to provide certain optional information. This optional information will be used in and may be displayed as part of your member profile. When this information is collected, the information that is mandatory and the information that is optional will be clearly identified. You will also be told which information will be maintained in confidence and which information may be disclosed as part of your member profile. In general, the optional information you provide will be disclosed on the website for the purposes of better identifying you to other members and users of the website and for the purpose of enhancing networking between members and users of the website.

    2. Profile:

      As part of the registration process, you will be asked to provide information that will be placed in your viinyl User Site. All members and users of the viinyl may be able to view all of the other User Site on the Site or User Site. Member profiles are used to better identify members of the User Site to other members of the Site and also to visitors to the Site. Viinyl members can change their profile information at any time and can control how other members and users communicate with them through the features and capabilities provided by the Site. Viinyl may retain certain data contributed by members as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally- identifiable data, account recovery, or if required by law. All retained data is subject to the terms of this Privacy Policy.

      Viinyl also collects statistics about goods and services that may be purchased through the Site or User Site. For example, viinyl will track purchase information. This information will be kept confidential, however, aggregate statistics that do not personally identify a purchaser will be kept by viinyl and such aggregate statistics may be made available to other members.

      In general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Site, newsletters and for the purpose for which the information was provided. We may also use the personal information we collect to improve the content of our Web page and to customize the advertising and the content and/or layout of our page for our visitors and individual Registered Users. We also use this information to notify Registered Users about updates to our Web site, and to contact Registered Users for marketing purposes.

      We will not share the personal information we collect from you through the Site with any other company except as provided in this Policy, as it may be revised form time to time. We reserve the right to disclose or transfer such information to a third party (a) if you request us to do so or we otherwise have your consent, (b) if we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of viinyl, our users, our employees or the public, including without limitation to protect viinyl or our users or the public from fraudulent, abusive, inappropriate or unlawful use of our Site, (c) if we believe in good faith that an emergency involving immediate danger of death or serious physical injury to any person, or other irreparable injury, including economic interests of viinyl or a third party, requires disclosure of the information, and (d) in connection with an acquisition, merger, or sale of all or a substantial portion of our business.

      We may also share personal information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us and who have agreed to comply with legally required privacy standards in connection with the operation of the Site or the Services and who need access to such information to carry out their work for us.

      Such business partners may include:

      • Software developers
      • Hardware vendors
      • System integrators
      • Payment processors
      • Other websites that cater to musicians, artists, creators and their fans
      • Other viinyl divisions or affiliated companies.

      In some cases, the Service Provider may be directly collecting the information from you on our behalf. We may also share personal information with other third parties when you request that we do so or otherwise give us your express or implied consent. We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.

  10. Network and Information Security

    We use reasonable efforts to prevent unauthorized release of or access to your personal data. However, we cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If viinyl learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Viinyl may also post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, you should notify us at support@viinyl.com.

    The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

  11. Retention

    Viinyl will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you.

    If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

  12. Electronic Communication

    If you do not want to receive marketing and promotional e-mails from us in the future, please let us know by sending us an e-mail to support@viinyl.com or follow the unsubscribe instructions that are included in each email communication.

  13. Access and Accuracy

    You have the right to access your Personal Information to verify the Personal Information we have collected in respect to you. Upon receipt of your written request, we will provide you with a copy of your Personal Information. We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update and correct your Personal Information as appropriate. Having accurate Personal Information about you enables us to give you the best possible service.

    You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, or if you find any errors in our information about you, please contact us at:

  14. Contacting Us

    If you feel that this site is not following its stated information policy, you may contact us at support@viinyl.com.