Privacy policy, version 1.0 September 8, 2014

1. INTRODUCTION

TheOverflow is committed to respecting the privacy rights and concerns of all users of the TheOverflow service provided on or through the website located at www.TheOverflow.com (the “TheOverflow Site”), or on or through the software applications made available by TheOverflow (we refer to the TheOverflow Site and the software applications made available by TheOverflow as the “Service Applications”, and we refer to the Service Applications and the service provided through the Service Applications, collectively, as the “TheOverflow Service”). TheOverflow has established and implemented this Privacy Policy to help you make informed decisions when using the TheOverflow Service.

In this Privacy Policy, references we make to “TheOverflow” (and “we”, “us” and “our”) means either TheOverflow, Inc., a Delaware corporation, with its principal business address at 19 Walnut Glen Place, Markham, ON, Canada L4E 5A2.

THIS POLICY ANSWERS THE FOLLOWING QUESTIONS:

What information do we collect about you and how do we use it? What choices do you have about the collection and use of your personal information? Will we share your personal information with third parties? What security measures do we take to safeguard your personal information? Who can I contact if I have any questions about this Privacy Policy? By accessing or using the TheOverflow Service, whether on or through the TheOverflow Site, or on or through our Service Applications, you consent to TheOverflow’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the TheOverflow Service and not to any other website or service that you may be able to access from the TheOverflow Site or our Service Applications.

If you use your Facebook log-in details to log-in to the TheOverflow Service, or otherwise connect your accounts, or if you connect or link other third party social networking sites and services to your TheOverflow account, such as Facebook or Twitter (“Social Networks”), the TheOverflow Service will interact with them in a number of ways, as described to you in the TheOverflow Terms of Service and/or when you log-in or connect. Your activities on your applicable Social Networks are covered by their respective privacy policies and terms of use. Additionally, if you connect the TheOverflow Service to your Last.fm account, the TheOverflow Service will interact with Last.fm in a number of ways, as described to you when you connect your accounts. The Social Networks are made available by their respective corporate entities.

2. INFORMATION WE COLLECT

2.1 Registration and Your Account Information

Personal Information means information that can be used to identify and contact you, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information (“Personal Information”). You do not need to submit Personal Information to access the TheOverflow Site or aspects of the TheOverflow Service, but if you do not disclose certain Personal Information to us, you will not be able to access important portions of the TheOverflow Service.

When you create an account, or access or use your account for purposes of accessing the TheOverflow Service, we may require you to provide us with certain Personal Information. You will also select a password for your account. Your email address and password will be used together so you can securely access and maintain your account.

You may also access the Service Applications or use certain aspects of the TheOverflow Service by creating a new, or using your existing, Social Network log-in credentials. By utilizing your Social Network log-in credentials to log into the TheOverflow Service (including on or through any of the Service Applications) or by linking your TheOverflow Service account with any Social Network account, you expressly authorize TheOverflow to receive, and for such Social Network account to share, certain of your information that is available on or through your Social Network account, including, without limitation, your profile information, friends names, your photos, privacy settings, and certain other information that will be disclosed to you (and authorized by you) during the log-in process; and you also authorize TheOverflow to generate and publish on your Social Network news feed and/or timeline actions you take on the TheOverflow Service, and to allow you to interact with your Social Network friends on the TheOverflow Service. If linked, you agree to allow your Social Networks to receive information concerning the actions you take on the TheOverflow Service. When you discover, play, download and share music or other content on or through the TheOverflow Service, you authorize TheOverflow to share and/or publicly display such activity on or through: (i) the TheOverflow Service; and (ii) the Social Networks.

For clarity, as a result of your creation of an TheOverflow account with your Social Network log-in credentials, and/or by linking your TheOverflow Service account with any Social Network account, and/or by providing us certain additional information, we may obtain certain of your personally identifiable information, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information, including any such information that you previously provided to your Social Networks.

2.2 Customer Service

We provide customer service support through email and through our support pages located at TheOverflow.com/support. In order to provide customer support, we may ask for your email address and other account information depending upon the nature of your support request. We only use information received from customer support requests, including email addresses and other account information, for customer support services and we do not transfer or share information obtained from support requests with any third parties (other than service providers that may be assisting us in providing services to you).

2.3 Cookies

Like many websites, we employ “cookies” in certain areas of the TheOverflow Site to allow us to make your online experience more convenient. Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Each user is assigned a “cookie ID” from our TheOverflow Site domain in connection with the registration process. We use cookies, including your cookie ID, for the following purposes:

to store a user’s log-in identity and password and automatically populate the log-in fields for you when you re-access the TheOverflow Site; to monitor irregular account behavior and implement fraud protection rules; and to generate and compile anonymous, aggregated statistics that allow us to understand how users navigate our site and to help us improve it. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, if you do this, you may not be able to use the full functionality of the TheOverflow Service.

2.4 LOG INFORMATION

We also keep track of your interaction with the TheOverflow Service and any other users, whether through the TheOverflow Site, or our Service Applications. Specifically, our servers automatically record information that your browser (or our Service Applications) sends whenever you interact with the TheOverflow Service. This information includes your Internet Protocol address (IP address), your cookie ID, your browser type and version, which aspects of the TheOverflow Service you use and when and how long you use them, and how you otherwise access the TheOverflow Service. For example:

Playing music

Our servers log and can identify what songs you play or stream, how long you play or stream them, where you are when you play or stream them (e.g., via IP Address), and where you play them from (i.e., from the TheOverflow Site or a Service Application).

TheOverflow Desktop

Our servers log and can identify what your operating system is, the fact that you have downloaded TheOverflow Desktop, what version of TheOverflow Desktop that you are using and whether you require an update.

Mobile Applications

Our servers log and can identify which of the available mobile Service Applications you have installed (and on which mobile platforms), what songs you store on them and what songs you play.

3. HOW WE USE YOUR INFORMATION

As a general matter, we use the information that you provide to us or that we obtain from the Social Networks linked to your TheOverflow Service account to process your user registration, and to provide, enhance and personalize the TheOverflow Service. We use the information automatically collected by our servers to monitor and analyze how users use the TheOverflow Service, and to maintain and improve the TheOverflow Site, the Service Applications, and the TheOverflow Service.

Specifically, we use the information that you provide to us (or that we obtain from any applicable Social Network) to:

a) send you emails and newsletters (or otherwise communicate with you through the TheOverflow Service) for the purpose of keeping you updated about (i) the TheOverflow Service in general, (ii) the music available on or through the TheOverflow Service, and (iii) the features and functionality of the TheOverflow Service, the TheOverflow Site and our Service Applications (including, without limitation, information about available software or TheOverflow Service upgrades or updates); b) send you emails and newsletters (or otherwise communicate with you through the TheOverflow Service) for the purpose of offering you upgrades, content and additional services for you to access or purchase; c) provide you with a more personalized experience based on your Personal Information; d) make available to you, and bill you for, your access to the TheOverflow Service (including, without limitation, verifying the authorization of your credit card or other payment method before any initial subscription or individual purchase of music); e) verify your right to access premium services; f) track your use of the TheOverflow Service, including without limitation, to track your access, streaming and downloads of music for the purpose of paying royalties and license fees to third party providers (such as record labels and other copyright holders and content distributors); g) communicate with you regarding your account and any customer service matters that may arise; h) respond to or confirm your requests or activity on the TheOverflow Service; i) ask you to participate in surveys that help us make the TheOverflow Service better; j) provide you with targeted advertising, promotions and special offers; k) better understand how TheOverflow Service is being used; l) notify you of activity initiated by persons that you follow or that follow you (or of groups that you follow or that follow you), including, without limitation, the commencement of such relationships (i.e., to notify you that you are being followed or that a person wishes to introduce you to new content); m) notify you of issues with the TheOverflow Service and/or unusual account actions (i.e., password resets); and n) notify you and warn you of inappropriate conduct, and if necessary, to inform you of the suspension or termination of your account. You may unsubscribe from receiving future emails at any time (see “Opting Out of Receiving Communications from Us” below).

We will use your Personal Information to verify your credit card or other payment information, and we will use your credit card or other payment information to allow you to pay for any subscription services you purchase.

Additionally, we may use Personal Information that you provide, or that we learn about you to otherwise improve your use of the TheOverflow Site and the TheOverflow Service. We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance our TheOverflow Service offering for our users.

Facebook Account:

We may provide your personal information to Facebook in order to provide you, or other Facebook users who share similar interests as you, targeted advertising, promotions and special offers through your or such users’ Facebook accounts. Your personal information will be hashed when it is provided to Facebook. Hashing summarizes text into a short fingerprint that cannot be decrypted and does not allow the original information to be recovered later by decryption. Facebook will calculate the hash of the personal information that you and other users provide to them via their website and services, and compare those hashed results with the hashed personal information we provide Facebook to match you and other users who share similar interests as you to your Facebook accounts. If we provide any hashed personal information that Facebook does not already have, no matches will be made. At no time will Facebook have access to any original, discernible personal information it does not already have. We encourage you to review Facebook’s privacy policies to obtain information regarding Facebook’s information collection, use and disclosure policies.

4. YOUR CHOICES ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION

4.1 Opting Out of Receiving Communications from Us

If, at any point in time, you are not interested in direct marketing emails from us, you will be able to opt-out of receiving them by clicking on the specified link in any given email communication or by modifying your personal settings. Please note that you may not be able to unsubscribe from certain non-marketing related correspondence from us, including messages relating to your TheOverflow account.

4.2 Control of Your Information

You may have the right to access, update and correct inaccuracies in your Personal Information in our custody or control, subject to certain exceptions prescribed by law. You can access and update most of your Personal Information through the use of the TheOverflow Site. You may also request access, updating and correction of inaccuracies in other Personal Information we have in our custody or control by using the contact information provided below. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you access or allowing you to make any corrections or updates. You are responsible for maintaining the secrecy of your password and account information at all times.

Additionally, if applicable, in the event you no longer want the TheOverflow Service to publish your TheOverflow activity on your Social Network news feeds and/or timelines, or want to otherwise limit the ways in which the TheOverflow Service interacts with your Social Network accounts, you can always disable aspects of this feature by changing your application settings in your Social Network accounts.

5. SHARING OF INFORMATION WITH THIRD PARTIES

We will not sell or rent your email address or any of your Personal Information. However, to operate TheOverflow Service, we may share your information in the following ways:

5.1 As Aggregated Data

We will share aggregate statistical and demographic information, which does not personally identify you, about our users and their use of the TheOverflow Service (including on the TheOverflow Site or through our Service Applications) with potential affiliate partners. We may also disclose and otherwise use non-personally identifiable information about users. None of the above would include information that could be used to identify you or to discover individual information about you.

5.2 With Service Providers

We do from time to time use third parties to manage portions of the TheOverflow Service, facilitate our business (e.g. by hosting our servers or providing payment processing services to us), manage communications with you, or otherwise provide services to us in connection with the TheOverflow Service (“Service Providers”). Where these Service Providers process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain reasonable security measures and do not use your information for any purpose other than to provide their services to us.

Your Personal Information may be transmitted to and from, and maintained and processed by our affiliates and other third parties who provide services on our behalf in the U.S., Canada, or other jurisdictions.

5.3 To Facebook

TheOverflow will share hashed information you provide to TheOverflow with Facebook for the purpose of matching users to their Facebook accounts, as described in more detail above.

5.4 As Otherwise Required

We will share personal information we collect from you if we believe it is reasonably necessary to make the TheOverflow Service available, legally required, or otherwise permitted by you. For example:

5.4.1 Protection of rights

We will share Personal Information if:

a) we have reason to suspect that unlawful activity has been, is being or may be engaged in, and use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; b) the use or disclosure is required or authorised by or under law; c) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; (iii) the protection of the public revenue; (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; d) we have a good faith belief the use or disclosure is: (i) appropriate to enforce the Terms of Service and Payment Terms for the TheOverflow Service, including any investigation of potential violations thereof; (ii) necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the TheOverflow Service; (iii) appropriate to protect the rights, property or safety of TheOverflow, its employees, users of the TheOverflow Service or others.

5.4.2 Asset transfers

If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our or our affiliates’ assets or voting securities, user information, including Personal Information collected from you through your use of the TheOverflow Service, may be included in the transferred assets or securities. Should such an event occur, we will use reasonable means to notify you, either through email and/or prominent notices on the TheOverflow Service.

5.4.3 Investigations

You hereby grant TheOverflow and its representatives the right to access your account and records as necessary to investigate any use of the TheOverflow Service including, but not limited to, alleged violations of applicable laws and regulations, abuse, and/or harassment.

6. ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

This Privacy Policy does not cover the information practices of third party websites linked to the TheOverflow Site or TheOverflow Service, like the Social Networks. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your Personal Information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo displayed on the TheOverflow Site which links you to a different website, you acknowledge that our Privacy Policy no longer applies and you must read the privacy policy of the third party site to see how your Personal Information will be handled on their website.

7. THIRD PARTY ANALYTICS

The TheOverflow Site uses third party analytics tools. Some of these analytics tools use cookies, which are text files placed on your computer, to help analyze how users use the TheOverflow Site. The information collected in the cookie about your use of the TheOverflow Site (including your IP address) may be transmitted to and stored by the applicable analytics provider on servers in the United States or elsewhere. The analytics provider may use this information for the purpose of evaluating your use of the TheOverflow Site, compiling reports on TheOverflow Site activity for us and providing other services relating to TheOverflow Site activity and Internet usage. The analytics provider may also transfer this information to other third parties where required to do so by law, or where such third parties process the information on the analytic provider’s behalf.

8. SECURITY

The Personal Information you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information, including firewalls, password encryption and other password protection features. In addition, we restrict access to Personal Information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain TheOverflow Service. All TheOverflow personnel who have access to this information are trained in the maintenance and security of such information. Any bank account information and other user sensitive information you supply us is transmitted and protected via Secure Socket Layer technology (“SSL”) and HTTPS protocol and then stored into our databases using industry standard encryption methods to be accessed only as stated above.

No server, computer or communications network or system, or data transmission over the Internet or mobile service can be guaranteed to be 100% secure, however. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any aspect of the TheOverflow Service and we accept no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

We continue to store your Personal Information for so long as it is necessary to provide you our TheOverflow Service and periodically destroy old Personal Information in accordance with our company policies, including when it is no longer necessary in order to offer you the TheOverflow Service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes.

9. CHILDREN’S PRIVACY

TheOverflow Service is intended for users age 18 or older. If you are under 18, you may only use the TheOverflow Service if you have obtained the consent of your parent(s) or other legal guardian. By using the TheOverflow Service, you warrant that you are age 18 or older or have obtained such consent.

Notwithstanding the foregoing, the TheOverflow Service is expressly not intended for children under the age of 13. We do not knowingly collect or maintain any Personal Information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any Personal Information we believe was submitted by any child under the age of 13.

10. DISPUTE RESOLUTION

Mediation

If you are a resident of the United States of America, you agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and TheOverflow will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Toronto, Canada with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

11. TERMS OF SERVICE

Please read our Terms of Service and Payment and Subscription Terms which, together with this Privacy Policy, govern your use of the TheOverflow Service.

12. CHANGES AND UPDATES TO PRIVACY POLICY

This Privacy Policy may be revised periodically and this will be reflected by the date above. Please revisit this page to stay aware of any changes. In general, we only use your Personal Information in the manner described in the Privacy Policy in effect when we received the Personal Information you provided. Your continued use of the TheOverflow Service constitutes your agreement to this Privacy Policy and any future revisions.

13. QUESTIONS? CONTACT US

It is extremely important to us that your privacy is treated with the utmost respect. If you have any concerns, questions, or ideas on how we can do a better job at this, please let us know by emailing [email protected]