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PRIVACY POLICY
Updated Personal Data Collection Information - Updated February 21, 2023:
Outerbands collects the following personally identifiable information: IP address, device ID, and head-tracked orientation. You may opt-in and provide additional information: email, age, birthday, bio, gender, name.
Individual user information is never shared with third parties or in a way that exposes a user's identity. The above data is collected, aggregated, anonymized, and presented to content creators to inform them of their audiences' demographics. Additionally, Outerbands uses your personal data to recommend new content, and your aggregated and anonymized personal data improve Outerbands’s UX and overall business.

If you have any questions, please contact us at: legal@Outerbands.com.

Outerbands, Inc. (“Outerbands”, “we”, “us” or “our”) wants you to be familiar with how we collect, use and disclose Personal Information and Non-Personal Information (each as defined below). This Privacy Policy describes our practices in connection with information that we collect through the Services. All capitalized terms used herein without definition will have the same meaning as specified therefor in the Outerbands Terms of Service. This Privacy Policy does not address the collection, use or disclosure of information by any third parties.
By using the Services, you agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Services. We reserve the right to change this Privacy Policy without prior notice. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Services. Use of the Services following such changes constitutes your acceptance of the revised Privacy Policy then in effect.


What Types of Information Do We Collect from You?
Personal Information is information that identifies an individual. In order for you to take advantage of particular opportunities provided through the Services (for example, to receive white papers, participate in certain forums on the Services or sign-up for the Outerbands Service), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, postal address, telephone number and email address, only when you voluntarily provide it to us. We may also combine Personal Information you provide to us with publicly available information, such as your organization’s name, in the event you provide us with an email address from your organization.
Non-Personal Information is aggregated information, demographic information and any other information that does not reveal an individual’s specific identity.


Environmental Variables:
We may collect certain environmental variables, such as your MAC address, computer type, screen resolution, OS version and browser type and version. These environmental variables are collected by most websites and can be used to optimize your experience on the Services.

Cookies:
We and service providers acting on our behalf may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the website administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. Cookies allow us to automatically remember your web browser when you use the Services. The use of cookies is an industry standard, and they are currently used on most major websites. It is possible to adjust your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, certain parts of the Services will not function properly if you set your browser to refuse all cookies. To learn more about cookies, please visit https://www.allaboutcookies.org.

Web Beacons:
Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or service providers acting on our behalf, may place in our Web pages, in our advertisements and in our emails. Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific Website page or section, clicked on one of our advertisements, or opened or acted upon an email. They also tell us the number of times advertisements or pages are displayed. This allows us to measure the performance of our Services, our advertising and our email campaigns.

Information That You Provide:
We may also collect Non-Personal Information, such as your interests, geographic location and website address, when you provide it to us. Unless combined with Personal Information, this information does not personally identify you. In addition, we may aggregate Personal Information in a manner such that the end product does not identify you or any other Service user. Such aggregate information is considered Non-Personal Information for purposes of this Privacy Policy.

IP Addresses:
Your Internet Protocol (IP) address is a number that is automatically assigned to the computer you are using by your Internet Service Provider (ISP), and in many cases, IP addresses are shared by multiple people. This number is identified and logged automatically in our server log files whenever you visit the Services, along with the time(s) of your visit(s) and the page(s) you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

How Does Outerbands Use Information Collected From Me?
Personal Information:
We may use Personal Information: to fulfill your requests, such as to create an Outerbands Service account, send a requested white paper, send online video updates or complete your purchases; to operate the Outerbands Service, to send you important information regarding the Services and issues specifically affecting the Outerbands Service and your use of the Outerbands Service, including changes to the Service terms, conditions and policies; to inform you of products, programs, services and promotions from us and/or our marketing partners that we believe may be of interest to you; and to permit you to share images and videos uploaded to the Outerbands Service via the “share” link displayed in certain Outerbands players; and to permit you to participate in sweepstakes, contests and similar promotions (collectively, “Promotions”). You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about our use of your Personal Information. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information conflict with this Privacy Policy, the terms and conditions of such other rules shall control; and for our internal business purposes, such as data analysis, audits, developing new products, enhancing our Services, improving our Services, identifying usage trends and determining the effectiveness of our promotional campaigns.

Non-Personal Information:
Because Non-Personal Information does not personally identify you, we may use such information for any purpose, at our sole discretion, unless otherwise noted in this Privacy Policy. In addition, we reserve the right to share Non-Personal Information with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.

IP Addresses:
We use IP addresses for purposes such as calculating Service usage levels, helping diagnose server problems and administering the Services. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

How Does Outerbands Disclose Personal Information?
We may disclose Personal Information: to our affiliates and any future corporate subsidiaries or affiliates, so that they may use such Personal Information for the purposes described in this policy. Outerbands Services Inc. is the party responsible for the management of the jointly-used Personal Information; to our third party service providers who need the information to provide us with components of the Outerbands Service and/or such services as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service and email delivery services; to third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you; to third parties where you have requested to use a third party service (including applications) in connection with the Outerbands Service and have requested that we provide information to them; to identify you to any person to whom you send messages regarding Service-related content through the Services; to third parties who sponsor events with Outerbands (such as Personal Information of attendees of sponsored webinars) to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you; to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings); as we believe appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain; and to third party sponsors of Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about a sponsor’s or other third parties’ use of your Personal Information. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information conflict with this Privacy Policy, the terms and conditions of such other rules shall control.

Use of the Outerbands Service:
The Outerbands Service, which is accessible through the Services, enables customers of Outerbands to upload, manage and publish images and videos to a customer’s own website or to third party websites. Please note that any information you disclose through videos uploaded via the Outerbands Service may become public information and may be available to visitors to the website where they are posted and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other sensitive information, via the Outerbands Service. We are not responsible for the use of any Personal Information you disclose through your use of the Outerbands Service.

Other Important Notices Regarding Our Privacy Practices:
How to Access and Control Your Information:
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. Your Choices:
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Email us at support@Outerbands.com with the subject “User Information request” to initiate that process.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.


Access and update your information:
Our Services and related documentation give you the ability to access and update certain information about you from within the Service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

Deactivate your account:
If you no longer wish to use our Services, you can request we deactivate your account by emailing support@Outerbands.com with the subject “Disable account”. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.

Delete your information:
To request the deletion of your information please email support@Outerbands.com with the subject “Delete User information”.
Request that we stop using your information:
In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. Where you gave us consent to use your information for a limited purpose, you can email us at support@Outerbands.com to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by emailing us at support@Outerbands.com. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.

Opt out of communications:
You may opt out of receiving promotional emails from Outerbands by following the instructions in those emails or by emailing support@Outerbands.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Turn off Cookie Controls:
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Send “Do Not Track” Signals:
Some web browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.

Payment Processing:
We use a third party payment service (“Payment Service”) to process credit card payments for certain editions of the Outerbands Service. When you provide credit card information on the Services, that information is sent directly to the Payment Service. Outerbands does not have access to your full credit card number and does not store such information in its own systems. You acknowledge and agree that any Personal Information that you provide in connection with such credit card payments will be transmitted directly to the Payment Service. Information transmitted to the Payment Service is encrypted using SSL software. The Payment Service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies, however, Outerbands is not responsible for the Payment Service’s failure to comply with such laws, rules and/or regulations.

Forums and Profiles:
We may make other services available through the Services (for example, message boards, forums, chat functionality, “profile pages” and blogs) to which you are able to post information and materials (collectively referred to as the “Forums”). Please note that any information you disclose through the Forums may be available to visitors to the Services and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, via the Forums. We are not responsible for the use of any Personal Information you disclose through the Forums.

Third Party Sites and Services:
We provide links on the Services as a convenience for our users. We may also inform customers of the Outerbands Service about third party services or applications that can be used in connection with the Outerbands Service, including services from companies associated with Outerbands’s Affiliate program (as further described at Outerbands.com). In addition, customers of the Outerbands Service generally use the Outerbands Service to publish images or videos on their own, or third party, websites. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, or of other websites or services operated by third parties. Your activities, including your provision of Personal Information, with any such third parties or such third parties’ websites or services will be governed by the privacy policy of such third parties. The inclusion of a link through the Services does not imply endorsement of the linked website by us or by our affiliates. We are not responsible for the use of any Personal Information you disclose to third party sites or services.

Security:
We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contact Us" section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

Parental Control Provisions:
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following link: https://www.eff.org.

Opt-Out:
If you no longer wish to receive marketing-related emails from us, you may opt out by following the “unsubscribe” instructions in the latest such message you have received or by contacting us at legal@Outerbands.com. If you would prefer that we not share Personal Information about you in the future with our affiliates and/or with third parties for such affiliates’ and/or third parties’ marketing purposes, you may opt out from such sharing by contacting us at legal@Outerbands.com. Please specify whether you are opting out of receiving messages from us or from sharing with our affiliates and third parties.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of our affiliates or third parties with whom we have already shared your Personal Information. If you wish to cease receiving marketing-related emails from such affiliates or third parties, please contact them directly.


Changing or Suppressing Personal Information:
If you would like to request to review, correct, update, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us by email at legal@Outerbands.com. We will respond to your request in accordance with applicable law. For your protection, we will only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. You also may review, correct and update certain information that you provided by logging into your Outerbands Service account and editing your profile information.
In each event, you must clearly indicate the information that you wish to have changed or suppressed. We will endeavor to comply with your request as soon as reasonably practicable and in compliance with applicable law. We may need to retain certain information for record-keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your Personal Information, or limiting their use of your Personal Information. If you wish to change or suppress information provided to an affiliate or third party, please contact them directly.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the address in the "Contact Us" section below.


Retention Period:
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law.
Note Regarding the Use of the Services by Children: The Services are not directed to children under the age of thirteen (13), and we request that children not provide Personal Information through the Services. If you become aware that your child has provided us with Personal Information, please contact us in accordance with the “Contact Us” section below.


Jurisdiction and Cross-Border Issues:
We do not represent or warrant that the Services, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Services and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States, which may provide a level of data security different from your country of residence.

Contacting Us:
If you have any questions regarding this Privacy Policy, please contact us by email at legal@Outerbands.com, or please write to the following address: Customer Service/Privacy Policy or General Counsel Outerbands, Inc. 5409 Overseas Hwy #219 Marathon, FL 33050