Last updated: July 29, 2015

Battery Park Media LLC d/b/a Merry Bright Music Enterprises (“Merry Bright” or “we”) is committed to ensuring the utmost privacy of all current and former users (“Users” or “you”) of its website, www.merrybrightmusic.com (the “Website”), and has published this Privacy Policy to explain how Merry Bright treats information you submit to Merry Bright in connection with your access to and/or use of the Website and/or Services (as defined in the Terms and Conditions of Use). Please read this Privacy Policy carefully prior to your access to, registration for, and/or use of the Website and/or Services. If you do not agree to abide by this Privacy Policy, please do not access or use the Website or Services or provide any information to the Website or Services. By submitting information to Merry Bright, either by using the Website or registering for or using the Services, you are accepting the practices described in this Privacy Policy and the Terms of Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meanings set forth in the Terms of Use. A copy of the Terms of Use can be found on the Website.

INFORMATION WE COLLECT
You acknowledge that Merry Bright may collect and process information in connection with the Website and Services that could be directly associated with you without the aid of additional information, such as your full name, user name and password, phone number, address and/or e-mail address, zip code, date of birth, company name and title, and other personally identifiable information (“Personal Information”) as well as information that you submit (or that we collect) that is not Personal Information but necessary for the proper functioning of the Website or Services, such as the time and date and the extent of your usage of the Website and the Services, the location of where you use the Website and the Services, your usage preferences, playlists you curate, music that you play or download, how you interact with the Website’s licensing platforms and products, the mobile platform or Services provider you use, your browser, your operating system, your IP address, and unique device identifiers. We may also request (in connection with licensing inquiries) that you provide other non-Personal Information such as your production budget, music budget, anticipated release date, license type, term, territory, etc. (“License Information”). License Information by itself is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information. We may use technologies that will allow the Website to remember who you are or to record information about your use of the Website and Services, such as which songs you listen to or view between sessions.  If you purchase song downloads, content or Services from us, we may collect information necessary to process your payment, such as your credit card or bank account number, and we will provide this information to our payment processing vendor. Information collected by Merry Bright may be stored and processed in the United States or any other country in which Merry Bright or its agents maintain facilities. By using the Website and Services, you consent to any such transfer of information outside of your country, where data protection laws may be different. Merry Bright makes no representation or warranty with respect to any duty to permanently store any Personal Information you may provide. We may from time to time transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners, to the extent applicable. This Privacy Policy applies to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of the Website and Services.

We may choose to implement Google Analytics features based on Display Advertising, such as Google Display Network Impression Reporting, DoubleClick Campaign Manager integration and Google Analytics Demographics and Interest Reporting to collect further information and insights about our Users and their music preferences. In the event we choose to implement Google Analytics for Display Advertising or customize Google Display Network ads and you would like to opt out, you can use the Ads Settings as well as the Google Analytics opt-out browser add-on.



USE OF PERSONAL INFORMATION
Merry Bright uses your Personal Information to identify you and potentially to improve the Website and Services, maintain security, and customize the content you see via the Website and the Services. Your Personal Information may also be aggregated and used by Merry Bright for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection. Merry Bright will obtain your consent for any use of your Personal Information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

You agree that Merry Bright may use Personal Information about you to analyze Website usage, improve or customize the Services, customize the Services’ content, respond to your requests, questions and comments, managing your User account, and as otherwise set forth in this Privacy Policy or as Merry Bright believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Use. You also agree that Merry Bright may use your Personal Information to contact you. Unless you specifically opt out, you agree that Merry Bright may use your Personal Information to deliver information to you that is relevant to your use of the Website or the Services such as administrative notices, product enhancements or Services “newsletters”, or that, in some cases, is targeted to your interests, such as targeted advertisements, or song and artist suggestions. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

In connection with the foregoing, and in order to keep you informed about the operation of the Website and certain other important updates regarding our Services, Merry Bright may also occasionally send you an email to the personal email address that you have provided to us. This email may include information such as newly uploaded songs, special promotions, or updates regarding the content on the Website; however, if you no longer wish to receive such additional communications, you will have the option to “unsubscribe” from that mailing list by following the instructions provided therein or elsewhere as directed by us. If you are having problems unsubscribing please contact us at privacy@merrybrightmusic.com (forwarding the relevant update, if applicable) including in the Subject line the words “Unsubscribe”, and you will be removed within seven (7) business days. Please note that direct replies to any newsletter will not be processed. Merry Bright may use your Personal Information in the event that you contact us for customer support, in order to help identify and solve any issues you might have. We maintain a strict “no-spam” policy.

CHANGING, UPDATING OR DELETING PERSONAL INFORMATION
You may change, update or delete the Personal Information you provide Merry Bright via the Website or Services by changing your profile settings. You may also directly request that Merry Bright make a change or update to the Personal Information you provide by contacting Merry Bright via email at privacy@merrybrightmusic.com (please include in the Subject line the words “Change in Personal Information”), or you may send Merry Bright an email at the same address to request that Merry Bright delete your User Account (please include in the Subject line the words “Delete My User Account”). We will be happy to review, update or remove information as appropriate. We may still retain your information to resolve disputes, enforce the Terms of Use, or comply with legal requirements. In such case, your Personal Information will not be used for any other purpose.

DISCLOSURE OF PERSONAL INFORMATION
Except as expressly provided herein, absent your prior consent, Merry Bright does not share your Personal Information with any unrelated third parties. With regard to payment information, in the event that we engage a third party Services provider to handle billing for the Website and the Services on our behalf, we will ensure that your information is not shared with anyone else; provided that if any third party directly handles payment (such as a mobile Services provider, application platform or PayPal), the terms and privacy policies of any such third party payment provider will prevail. There are, however, certain instances in which we may disclose your Personal Information in the normal scope of business to provide you with the Website and the Services. Merry Bright may also request your consent to disclose such Personal Information to owners of content made available through the Services (“Content Owners”), advertisers and/or other third parties for their marketing and promotional purposes. Further, Merry Bright may use third parties to outsource one or more aspects of its business (such as email or customer Services providers, data processing, and security execution and clearing Services), in which case, Merry Bright would have to disclose to such third parties (who would be required by Merry Bright to comply with this Privacy Policy and any other obligation of Merry Bright with respect to any information provided by you in connection with the Website and/or the Services, to the same extent as Merry Bright’s obligations) the Personal Information necessary for such third parties to provide such Services.

Notwithstanding the foregoing, Merry Bright reserves the right, and you authorize Merry Bright, to share or disclose your Personal Information, including, without limitation, any content, records or electronic communications of any kind, when Merry Bright determines, in its sole discretion, that the disclosure of your Personal Information is necessary to identify, contact, or bring legal action against you if:

• you are or may be violating the Terms of Use or this Privacy Policy;
• you are interfering with Merry Bright’s or a third party’s rights or property;
• you are violating any applicable law, rule or regulation;
• necessary or required by any applicable law, rule or regulation;
• necessary or required for purposes of public importance; and/or
• requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.

COOKIES AND WEB BEACONS
Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive. Merry Bright (and, potentially, third party advertisers or other partners) may set and access cookies on your computer or mobile device to track and store preferential information about you, for purposes such as recognizing you when you return to the Website and use the Services. Merry Bright (and potentially third party advertisers) gathers anonymous information about Users through cookie technology on an aggregate level only. Such aggregated information is used within Merry Bright’s internal organization and (i) is only shared with third party advertisers on an aggregated and non-personally identifiable basis, (ii) used on an aggregated basis with that of our other users for general business purposes, such as site analysis and ad sales, and (iii) used in combination with other data we collect relative to your use of the Website, in order to help us analyze and better personalize your own User experience. 


Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images embedded in website pages and/or emails that allow a website to access cookies to personalize user visits, help evaluate the effectiveness of marketing campaigns and analyze general usage patterns of visitors to the Website. No Personal Information about you is shared with third parties through the use of Web Beacons on the Website. However, through Web Beacons, we may collect general information about our Users such as mobile platforms and Services providers, internet browsers, operating systems, IP addresses, most and least likely times of visits and Website navigation tendencies, all of which help us examine and improve Website and Services effectiveness and features but will not personally identify you.

Your web browser likely includes an option that allows you to not accept cookies. However, we highly recommend against setting your browser to refuse cookies, since some portions of the website may not function properly thereafter.
 

LINKS TO THIRD PARTIES
Our Website may include links to third party websites, apps or Services. Such links are not an endorsement by us of those websites, apps and/or the products or Services they offer. Third parties have different privacy policies and terms of use, and we are not responsible for the privacy practices or terms of use of such third parties. If you click on a link to a third party website, app or Services, we encourage you to check the applicable privacy policy and terms of use of such website, app or Services, as these may differ substantially from that of this Privacy Policy and our Terms of Use. We make no representations or warranties nor are we responsible for the privacy policies or terms of use of any third party. If you decide to access any third party links appearing on our Website, you do so at your own risk.

INFORMATION SECURITY
We take a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. We will take prompt corrective action when we learn of any failure to comply with this Privacy Policy. However, since no data transmission over the Internet is completely secure and the nature of security risks is constantly evolving, all types of electronic security systems can be breached and we therefore cannot guarantee the security of the information you share with us. By using this Website, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages (including any incidental, consequential or punitive damages) directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your Personal Information, or otherwise relating to this Privacy Policy.
 

CHILDREN’S PRIVACY
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain Personal Information or non-personally-identifiable information on the Website from persons under thirteen (13) years of age, and no part of our Website or the Services is directed to persons under thirteen (13). If you are under thirteen (13) years of age, then please do not use or access the Website or Services at any time or in any manner. If we learn that Personal Information of persons who are under thirteen (13) years of age has been collected without verified parental consent, then we will take the appropriate steps to delete this information.

CHANGES TO THIS PRIVACY POLICY
We reserve the right, in our sole discretion, to update, amend and/or change this Privacy Policy without prior notice to you and at any time. Updates to this Privacy Policy will be posted on the Website. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Website and/or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

IN THE EVENT OF MERGER, SALE OR BANKRUPTCY
In the event that Merry Bright is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.

SPECIAL NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed your Personal Information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties.  To make such a request, please contact us at privacy@merrybrightmusic.com to submit the request (including in the Subject line the words “California Third Party List Request”).

CONTACT US
For more information regarding your security and privacy on our Website, or if you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at privacy@merrybrightmusic.com.