The Other Side Privacy Policy

Last modified: January 2023

Introduction

ZFM Music LLC (“Company” or “We”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the websites https://unlocktheotherside.com/ or http://bassnectar.net or use any of our mobile applications  (collectively our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website or third party platforms such as the Google Play Store or the Apple App Store, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@unlocktheotherside.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the “Your California Privacy Rights” section for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“); and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, the Bassnectar community discussion center (the “Discussion Board”), or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking) that interact with our Website. For information on how you can opt out of behavioral tracking on your web browser, please visit your web browser’s settings. We intend to use suchtracking data solely for purposes of understanding and improving the user experience of our Website and for marketing purposes. If you disable data tracking on your browser, we will not receive your behavior tracking information, which allows you to choose to prevent the sharing of your data with websites before it is shared.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.
  • Send you communications about updates to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users or information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ZFM Music LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ZFM Music LLC about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • In the process of selling and shipping goods (such as merchandise, tickets, etc.) and processing returns, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out at any time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@unlocktheotherside.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” section for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@unlocktheotherside.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at privacy@unlocktheotherside.com  to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use [URL LINK TO WEBSITE’S TERMS OF USE].

California residents may have additional personal information rights and choices. Please see the “Your California Privacy Rights” section for more information.

Your State Law Privacy Rights

This section applies to residents of California, Nevada, and Virginia.

For purposes of this section, “personal information” means “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside.  Please note that not all of the rights listed below are applicable to all users and if you are not a resident of the applicable states, you may not be able to exercise these rights.

In particular, you have the following rights, however, these rights are not absolute and in certain cases, we may decline your request as permitted by law.

    1. Know: The right to request that we disclose the personal information we collect, use, or disclose about you, and information about our data practices. As a California resident, you may request information about the categories of personal information that we have collected; the categories of sources from which we collected personal information; the business or commercial purpose for collecting, sharing and/or selling personal information; the categories of any personal information that we sold or disclosed for a business purpose; and the categories of any third parties with whom personal information was sold, shared or disclosed for a business purpose;
    2. Access: The right to request copies of your personal information that we have collected about you;
    3. Deletion: The right to request that we delete your personal information that we have collected from you;
    4. Correction: The right to request that we correct any inaccurate personal information that we have collected about you;
    5. Limit: The right to request that we limit the use our use or disclosure of your sensitive personal information.
    6. Opt Out: The right to opt out of (i) tracking activities for targeted advertising purposes, (ii) sales of your personal information, and (iii) certain “profiling” as defined in applicable privacy laws, which may include automated processing to analyze or predict your interests or other behavior.
    7. Non-Discrimination: You have the right to not be discriminated against for exercising any of these rights. For example, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.

You or an authorized agent may exercise these rights by emailing us at privacy@unlocktheotherside.com and providing sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: your name, user id, email, or billing address.

We do not sell or share the personal information of anyone that we know is 16 years old or under unless they agree or in the case of minors that are 13 and under, unless we have consent from a parent/legal guardian.

This privacy policy includes what personal information we may have collected about you over the past 12 months (depending on how you use our Website), the source of the personal information, and the purposes of use, as well as whether we disclose that personal information and if so, the categories of third parties to whom it is disclosed.

In particular, we have collected the following categories of personal information from consumers within the last 12 months:

Category Information We Actually Collect Collected
Identifiers. We collect names, alias, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Some personal information included in this category may overlap with other categories. If you are member, we may collect all or part of your name. If you are a Unlocked member, we may collect your billing address and partial (but not full) debit card numbers and/or credit card numbers. YES
Protected classification characteristics under California or federal law. None NO
Commercial information. We collect records of purchases of Unlocked subscriptions. YES
Biometric Information We collect behavioral information, such as keystrokes, links, screens, and videos accessed by you from our service, which device you are using to access our service. YES
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
Geolocation data. We collect the physical location of users in order to serve locally relevant content and ads. YES
Professional or employment-related information. None NO
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). None NO
Inferences drawn from other Personal Information. None NO

We obtain the categories of Personal Information listed above from the following categories of sources:

    1. Directly from you. For example, from forms you complete or products and services you purchase.
    2. Indirectly from you. For example, from observing your actions on our Website.
    3. Via third party integrations such as social sign in services.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@unlocktheotherside.com.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

 

We may in the future offer, an incentive program that may constitute a “financial incentive” under the CCPA, such as any future rewards programs. The details of these programs are described in the chart below and are subject to change.

  • You have the right to withdraw from the program at any time and may do so by following the instructions in the chart below.
  • The value of the incentives provided pursuant to the program depends on various factors, including as applicable: how many users sign up for the program; direct or indirect sales generated from participation in the program; whether the sales generated by the program exceed the cost to us of offering the program; the benefit and insights of your continued use of our Website; and our increased goodwill.

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and confidential information will be encrypted using SSL technology with DDoS protection. Accounts may only be logged into one device at a time.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

If we make any changes to our privacy policy, we may post a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

privacy@unlocktheotherside.com