ModernBeats Privacy Policy

Thank you for accessing this web site ("Site") of ModernBeats, Inc. ("ModernBeats.com"). We respect your privacy and want to protect your personal information. To learn more, please read this Privacy Policy. This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting our Site, you accept the practices described in this Policy. We are not responsible for the content or privacy practices on any non-ModernBeats Inc. web site to which this Site links or that links to this Site.


INFORMATION COLLECTION AND USE

Information Collection. We collect information from you in several different ways on this Site. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:

- help make this Site easier for you to use by not having to enter information more than once.
- help you quickly find information, products, and services.
- help us create content on this Site that is most relevant to you.
- alert you to new information, products, and services that we offer.

(a) Registration and Ordering. Before using certain parts of this Site or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. If you have elected to use the Bill Me Later® payment method, you will have to provide the last four (4) digits of your social security number and your birth date. We use this information solely to facilitate the Bill Me Later® transaction and will not store or keep this information in our files. In addition, we may also ask you for your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and our site, and for internal marketing purposes. If we encounter a problem when processing your order, we use the personal information to contact you.

(b) Email Addresses. Several locations of the Site permit you to enter your email address for purposes including but not limited to: to register for a contest; to request us to notify you of new products; to sign up for our email newsletter and special offers. Your participation in a contest is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest winners and to award prizes. We may post on our Site the names and cities of contest winners.

(c) Cookies and Other Technology. Like many sites, this Site employs cookies and web beacons (also known as clear GIF technology or "action tags") to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.

(i) Cookies are small pieces of information that are stored as text files by your Internet browser on your computer's hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of this Site. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchase. THIS SITE'S COOKIES DO NOT AND CANNOT INFILTRATE A USER'S HARD DRIVE TO GATHER A USER'S CONFIDENTIAL INFORMATION. Our cookies are not "spyware."

(ii)
We may use third-party advertising companies to help us tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.

(d) Log Files. As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access this Site. We may also log your Internet protocol ("IP") address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)

(e) Age. We respect children's privacy. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on this Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, and rely on a parent or guardian to assist you.


Information Use and Disclosure.
(a) Internal Use. We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve our Site's content and layout, to improve our outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.

(b) Communications with You: We will use your personal information to communicate with you about our site and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a contest; to request us to notify you of new products; to sign up for our email newsletter and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.

(c) External Use. We want to provide you with excellent service and to offer you a great selection - we primarily sell merchandise, not information. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone, except that:

(i) As do most Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.

(ii) Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information. (More on this below in Data Security.)

(iii) We may be required to disclose such information in response to requests from law-enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use our Site for illegal reasons or to commit fraud.

(iv) We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.

(v) We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

(vi) We publicly disclose the name, city, and state of winners of ModernBeats Contests.


DATA SECURITY

This Site incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer ("SSL") for all financial transactions through this Site. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall.

While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

OPT OUT/CORRECTIONS
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by telephoning, or emailing your request to ModernBeats.com at 1-512-255-5999. Please do not email your credit-card number or other sensitive information.

OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
As you might expect from ModernBeats.com, the majority of information that we collect is obtained through our Site, and this Privacy Policy applies only to that online collection of personal information. We also collect information offline, where we also try to protect the privacy of you personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. When we need to store information (such as order information), we will enter it into our database through SSL encryption. (See the Data Security section above for more information). Another example involves faxes. If you fax something to us, we will act upon the fax and then either store it a locked repository or we will shred the fax if there is no need to retain the information. There are other ways we could learn of personal information offline (for example, we suppose someone could send us a letter including some return address information), and this Policy doesn't discuss or try to predict all of those methods or uses. As we mentioned, we primarily sell merchandise, not information, and we will try to treat offline collection, uses, and disclosures consistently with our relevant online practices.