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
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
(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
from your hard drive, but if you do, you will not be able to access
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."
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
(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
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
(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
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.
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 512-981-6573.
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
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.