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Text Content

WE CARE ABOUT YOUR PRIVACY

In order to give you the best possible experience, this website uses cookies to
store or access information on your device to help us understand performance and
personalise your experience when browsing the website. For more information,
read our Privacy Policy

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PRIVACY POLICY

Last Updated August 12, 2020 

Marshmello and Mellogang (“Company”), is concerned about privacy issues and
wants you to be familiar with how we collect, use and disclose information. This
Privacy Policy describes our practices in connection with information that we or
our third-party service providers collect through certain of our owned or
controlled websites, web properties (e.g., widgets and applications) and mobile
applications (“Mobile Apps”) in each case, that link to this Privacy Policy
(each, a “Property” or collectively the “Properties”). By providing Personal
Information (as defined below) to us through the Properties, you agree to the
terms and conditions of this Privacy Policy.

This Privacy Policy does not address, and we are not responsible for, the
privacy, information or other practices of any third party, including Facebook,
Inc., Apple Inc., Google LLC, Microsoft Corp., any wireless carriers, our
artists, our affiliates and any third party operating any site or property to
which any Property contains a link. In addition, the inclusion of a link on any
Property does not imply endorsement of, or affiliation with, the linked site or
Property by us or by our artists or affiliates. Please note that the Properties
may include the ability to access and submit (including, for example, via a
third-party software application or service that is available through or in
connection with a Property) certain information directly to third parties, such
as Facebook, or to any application platform, such as Apple’s App Store or Google
Play. Such information is submitted by you directly to such third parties and
this Privacy Policy does not apply to any such information submitted by you.

 

PERSONAL INFORMATION

Personal Information We Collect

Two types of information are collected in connection with the Properties:
Personal Information and Other Information. “Personal Information” is
information that identifies you or makes you identifiable as an individual.
“Other Information” is any information that does not reveal your specific
identity. If we are required to treat Other Information as Personal Information
under applicable law, then we may use and disclose it for the purposes for which
we use and disclose Personal Information as detailed in this Policy. Other
Information is addressed separately below, under the heading “OTHER
INFORMATION”. 

We and our third-party service providers may collect the following Personal
Information from you:

 *         Name
 *         Postal address (including billing and shipping addresses)
 *         Telephone number
 *         Email address
 *         Credit and debit card number
 *         Shopping Cart Content

 

Collection of Personal Information

We and our third-party service providers collect Personal Information through
the Properties in a variety of ways, including:

 *         Through the Properties

o    We may collect Personal Information through the Properties, for example,
when you register for newsletters or other communications through the
Properties, make a purchase or make a request.

 *         Offline

o    We may collect Personal Information from you offline, e.g., if you provide
information to us at a concert venue.

 *         From Other Sources 

o    We may receive your Personal Information from other sources, for example: 

 *         publicly available databases; or
 *         marketing partners when they share information with us in the context
   of marketing and promotional campaigns related to our business.

o    If you use your social media or other third party account to enter our
sweepstakes, contest, or promotions or via an initiation to sign into such
account on our Properties, you will share certain Personal Information from your
third party account with us which may include, for example, your name, email
address, photo, list of social media contacts, listening history, favorite
tracks and any other information that you make or which is otherwise accessible
to us when you connect through such third party account.

You are not required by statute or contract to provide any Personal Information
to us. For example, when you participate in various opportunities provided
through the Properties, we collect Personal Information from you in order to
enable you (or us) to complete your experience on the Properties. 

 

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling
process, we collect the personal information you give us such as your name,
address and email address.

When you browse our store, we also automatically receive your computer’s
internet protocol (IP) address in order to provide us with information that
helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails
about our store, new products, and other updates.

Text marketing (if applicable): With your permission, we may send text messages
about our store, new products, and other updates. Updates include Checkout
Reminders. Webhooks will be used to trigger the Checkout Reminders messaging
system.

 

How We May Use Personal Information

We and our third-party service providers may use Personal Information for the
following business purposes including:

 *         Providing the functionality of the Properties and fulfilling your
   requests.

o    To provide the Properties’ functionality to you, such as arranging access
to your registered account, and providing you with related customer service.

o    To respond to your inquiries and fulfill your requests, when you contact us
via one of our online contact forms or otherwise, for example, when you send us
questions, suggestions, compliments or complaints, or when you request
information about our Properties.

o    To send to you administrative information, including information regarding
the Properties and changes to our terms, conditions and policies.

o    To complete and fulfill your purchase, for example, to process your
payments, have your order delivered to you, communicate with you regarding your
purchase and provide you with related customer service.

o    To allow you to send messages (for example, music clips or artist
information) to a friend through the Properties. By using such functionality,
you are telling us that you are entitled to use and provide us with your
friend’s name and email address.

We will engage in these activities to manage our contractual relationship with
you and/or to comply with a legal obligation.

 

 *         Providing you with our newsletter and/or other marketing materials
   and facilitating social sharing

o    To send you marketing communications, that we believe may be of interest to
you if you have indicated that you would like to receive them (including,
without limitation, by our third-party service providers that send direct mail,
email, and other types of advertising)

o    To send you SMS text messages using your telephone number, e.g., if you
participated in a sweepstake with this number and you have indicated you would
like to receive them. Please keep in mind that message and data rates may apply.
You should check with your mobile service provider for applicable data rates. At
any time, you may text back “HELP” for further information regarding text
messages. If additional rules are provided in connection with any specific SMS
text message sign-ups, such rules shall also apply and shall control in the
event that they conflict with this Privacy Policy.

o    To facilitate social sharing functionality that you choose to use.

 

We will engage in this activity with your consent.

 

 *         Analysis of Personal Information for business reporting and providing
   personalized services.

o    To analyze or predict our users’ preferences in order to prepare aggregated
trend reports on how our digital content is used, so we can improve our
Properties.

o    To personalize your experience on the Properties using your IP address, by
presenting content, products, and offers tailored to you.

 

We will provide personalized services either with your consent or because we
have a legitimate interest.

 

 *         Allowing you to participate in sweepstakes, contests or other
   promotions. 

o    To allow you to participate in sweepstakes, contests and similar promotions
using your email address, and to administer these activities. Some of these
activities have additional rules, which could contain additional information
about how we use and disclose your Personal Information, so we suggest that you
read these rules carefully; in the event of a conflict between such rules and
this Privacy Policy, such rules will govern.

 

We use this information to manage our contractual relationship with you.

 

 *         Aggregating and/or anonymizing Personal Information.

o    We may aggregate and/or anonymize Personal Information so that it will no
longer be considered Personal Information. We do so to generate other data for
our use, which we may use and disclose for any purpose.

 

We will engage in this activity because we have a legitimate interest.

 

 *         Accomplishing our business purposes.

o    Data analysis, for example, to improve the efficiency of our Properties;

o    Audits, to verify that our internal processes function as intended and are
compliant with legal, regulatory or contractual requirements;

o    For fraud and security monitoring purposes, for example, to detect and
prevent cyberattacks or attempts to commit identity theft;

o    For developing new products and services;

o    For enhancing, improving, or modifying our current products and services;

o    For identifying usage trends, for example, understanding which parts of our
Properties are of most interest to users;

o    For determining the effectiveness of promotional campaigns, so that we can
adapt our campaigns to the needs and interests of our users; and

o    For operating and expanding our business activities, for example,
understanding which parts of our Properties are of most interest to our users so
we can focus our energies on meeting our users’ interests.

We engage in these activities to manage our contractual relationship with you,
to comply with a legal obligation, and/or because we have a legitimate interest.

 

Disclosure of Personal Information

We may disclose Personal Information:

 *         To our affiliates for the purposes described in this Privacy Policy.

o    Marshmello and Mellogang is the party responsible for the management of
jointly-used Personal Information.

 *         To our third-party service providers (and in some cases, our
   affiliates), to facilitate the services they provide to us

o    These can include providers of services such as hosting, data analysis,
payment processing, order fulfillment, infrastructure provision, IT services,
customer service, email delivery, credit card processing, auditing and other
similar services to enable them to provide such services.

 *         To third parties, to permit them to send you marketing
   communications, consistent with your choices.

o    Unaffiliated third parties or their vendors, to permit them to send, or
cause to be sent, marketing communications to you in online and offline media.

o    Our artists (including any of the artists’ band members, if applicable) and
their representatives, so that the artists and their representatives may use
this information to send to you communications (including marketing
communications) that they believe may be of interest to you, including, for
example, if you (a) sign up to join the applicable artist’s mailing list and/or
to receive such artist’s newsletters, (b) register with the applicable artist’s
website, or (c) have otherwise indicated that you would like to receive
information and/or marketing communications from the applicable artist. We do
not control, and are not responsible for, artists’ and their representatives’
use of Personal Information.

 *         To third parties that sponsor contests, sweepstakes and similar
   promotions so that they can facilitate and administer such contests,
   sweepstakes and promotions
 *         By using the Properties, you may elect to disclose Personal
   Information

o    On or through message boards, chat, profile pages and blogs and other
services to which you are able to post information and materials. Please note
that any information and materials that you post or disclose on or through a
Property will become public information, and may be available to visitors to
such Property and to the general public, and may be redistributed through the
Internet and other media channels where they will reach an even broader
audience. Additionally, please note that, per our Terms of Use, we retain
certain rights in the information and materials that you post on or through the
Properties, and we may use and disclose such information and materials
(including any Personal Information included therein) in accordance with our
Terms of Use. We urge you to be very careful when deciding to disclose your
Personal Information, or any Other Information, on or through the Properties. WE
ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY
DISCLOSE THROUGH ANY PROPERTY.

 

Other Uses and Disclosures

We may also use and disclose your Personal Information as necessary or
appropriate, especially when we have a legal obligation or legitimate interest
to do so:

 *         To comply with applicable law.

o    This can include laws outside your country of residence.

 *         To respond to requests from public and government authorities.

o    These can include authorities outside your country of residence.

 *         To cooperate with law enforcement.

o    For example, when we respond to law enforcement requests and orders.

 *         For other legal reasons.

o    To enforce our terms and conditions

o    To protect our operations or those of any of our affiliates or artists;

o    To protect our rights, privacy, safety or property, or that of our
affiliates, our artists, you or others; or

 *         To allow us to pursue available remedies or limit the damages that we
   may sustain.

o    In connection with a sale or business transaction.

 *         We have a legitimate interest in disclosing or transferring your
   Personal Information to a 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 in connection with
   any bankruptcy or similar proceedings) Such third parties may include, for
   example, an acquiring entity and its advisors. 


Retention Period 

We will retain your Personal Information for as long as needed or permitted in
light of the purpose(s) for which it was obtained and consistent with applicable
law.

The criteria we use to determine our retention periods include:

 *         The length of time we have an ongoing relationship with you and
   provide the Properties to you (for example, for as long as you have an
   account with us or keep using the Properties);
 *         Whether there is a legal obligation to which we are subject (for
   example, certain laws require us to keep records of your transactions for a
   certain period of time before we can delete them); or 
 *         Whether retention is advisable in light of our legal position (such
   as in regard to applicable statutes of limitations, litigation or regulatory
   investigations). 

 

Sensitive Information

We ask that you not send us, and you not disclose to us, any sensitive Personal
Information (e.g., social security numbers, information related to racial or
ethnic origin, political opinions, religion or other beliefs, health, criminal
background or trade union membership) on or through the Properties or otherwise.

 

OTHER INFORMATION 

Other Information We May Collect

We and our third-party service providers may collect Other Information (defined
above) such as:

 *         Browser and device information
 *         Mobile App usage data
 *         Server log files
 *         Information collected through cookies, pixel tags and other
   technologies outside of the EEA.
 *         Geographic location information
 *         Demographic information and other non-personally identifiable
   information provided by you
 *         Information about how you use the Properties
 *         Aggregated information

 

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a
variety of ways, including:

 *         Through your browser or your device: Certain information is collected
   by most browsers, such as your Media Access Control (MAC) address, device
   type (Windows or Macintosh), screen resolution, operating system version,
   Internet browser type and version and the type and version of a Property that
   you are using. We and our service providers may also collect a unique device
   identifier assigned by us or our service providers to the device from which
   you are accessing a Property and other transactional information for the
   device that we and our service providers may use to serve content and
   advertisements to the device.
 *         Through your use of Mobile Apps:  When you download and use a Mobile
   App, we and our service providers may track and collect Mobile App usage
   data, such as the date and time the Mobile App on your device accesses our
   servers and what information and files have been downloaded to the Mobile App
   based on your device number.
 *         Through server log files: An Internet Protocol (IP) address is a
   number that is automatically assigned to your device from which you are
   accessing a Property by your Internet Service Provider (ISP), and is
   identified and logged automatically in our server log files whenever you
   visit the Property, along with the time of the visit and the activity on the
   Property. We and our service providers use IP addresses for purposes such as
   calculating Property usage levels, helping diagnose server problems,
   administering the Properties and determining your approximate geographic
   location.
 *         Using cookies: We and our service providers may use cookies, pixel
   tags, web beacons, Adobe Flash technology (including Flash Local Stored
   Objects (“Flash LSOs”)) and other similar technologies to, among other
   things, better serve you with more tailored information for our products and
   services, and for those of third parties, facilitate your ongoing access to
   and use of the Properties, and collect and store information about your use
   of the Properties. For example, pixel tags and web beacons may be used in
   connection with a Property to, among other things, track the actions of such
   Property’s users, measure the success of marketing campaigns and compile
   statistics about such Property’s usage and response rates.

o    If you do not want information collected through the use of cookies, there
is a simple procedure on most devices through which the Properties are accessed
that allows you to decline the use of cookies. To learn more about cookies,
please visit https://www.allaboutcookies.org/.  If you choose to decline
cookies, then some or all of the features, functionality and promotions
available through the Properties may not be available to you.

o    If your device stores Flash LSOs, and if you do not want Flash LSOs stored
on your device through which you access the Properties, you can adjust the
settings of your Flash player to block Flash LSO storage using the tools
contained using the Website Storage Settings Panel. You can also control Flash
LSOs by going to the Global Storage Settings Panel and following the
instructions (which may include instructions that explain, for example, how to
delete existing Flash LSOs (referred to as “information” on the Macromedia
site), how to prevent Flash LSOs from being placed on your device without you
being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are
not being delivered by the operator of the page you are on at the time). Please
note that setting the Flash Player to restrict or limit acceptance of Flash LSOs
may reduce or impede the functionality of some Flash applications, including,
potentially, Flash applications used in connection with the Properties or our
content. We expect our service providers and technology suppliers to honor any
decision by you to restrict or limit Flash LSOs, but we cannot guarantee that
they will do so.

o    The use of these technologies allows our vendors, and third parties and
their vendors, to deliver advertisements about our products and services, and
the products and services of others, when you use the Properties or other
applications or visit websites or web properties across the Internet on any of
your devices. These parties may place so-called “pixel tags,” “web beacons,”
“clear GIFs” or similar technologies on the device through which you access the
Properties, and other applications or websites across the Internet, and also
place or recognize third-party cookies when you use the Properties, or other
applications, websites or web properties. They may also use these technologies,
along with information they collect about your online use, to recognize you
across the devices you use, such as a mobile device and a laptop. These vendors
and third parties may use information about your visits, on the different
devices you use, to the Properties, and other applications, websites or web
properties (excluding your name, address, and telephone number), as well as
information received from third parties, to provide advertisements for us and
others about goods and services that may be of interest to you. If you would
like more information about this practice, please visit the Network Advertising
Initiative at  www.networkadvertising.org or the Digital Advertising Alliance
at www.aboutads.info.  You may also visit those sites to opt out of these
advertising practices in desktop and mobile browsers on the particular device on
which you are accessing this Privacy Policy.

o    Our Properties do not respond to browser-based do-not-track signals.

 *         Geographic location information: If you use any location-enabled
   products or services, you may be sending us location information. When you
   use a location-enabled service, we may collect and process information about
   your precise geographical location, such as GPS signals sent by a mobile
   device. We and our third party service providers and partners may use your
   device’s physical location to provide you with personalized location-based
   services, content and advertisements. In some instances, you may be permitted
   to allow or deny such uses of your device’s location, but if you choose to
   deny such uses, we may not be able to provide you with the applicable
   personalized services and content.
 *         From you: We may collect demographic information, such as your zip
   code or gender, as well as other information, such as your preferred means of
   communication, when you voluntarily provide this information to us. This
   information does not necessarily personally identify you or any other user of
   the Properties, unless further information is added to it that would allow
   identification to take place. In such case, the information will be treated
   as Personal Information.
 *         Information about how you interact on the Properties:  We may collect
   information about how you interact on the Properties. For example, some
   Properties may utilize analytic tools to help us better serve you through
   improved products, services, and revisions to the Properties. This collected
   information may let us know which services and features you are using the
   most within a Property, as well as device type and hardware features, country
   and language of download, etc.
 *         By aggregating information: We may aggregate Personal Information so
   that the end-product does not personally identify you or any other user of
   the Properties, for example, by using Personal Information to calculate the
   percentage of our users who like a particular artist.

 

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose,
except where we are required to do otherwise under applicable law. If we are
required to treat Other Information as Personal Information under applicable
law, then we may use it as described in “How We May Collect Other Information”
section above, as well as for all the purposes for which we use and disclose
Personal Information. In some instances, we may combine Other Information with
Personal Information (such as combining your name with your geographical
location). If we combine any Other Information with Personal Information, the
combined information will be treated by us as Personal Information as long as it
is combined.

 

SECURITY 

We will use reasonable physical, technical and administrative measures to
protect Personal Information under our control. If you have reason to believe
that your interaction with us is no longer secure, please notify us immediately
in accordance with the “Contacting Us” section below. 

 

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you many choices regarding our use and disclosure of Personal
Information about you for marketing purposes. 

You may opt-out from the following as set forth below:

 *         Receiving marketing-related emails from us and our affiliates: If you
   do not want to receive marketing-related emails from us and our affiliates on
   a going-forward basis, you may opt-out from receiving such emails either by
   using the unsubscribe mechanism provided in the email or by emailing us
   at info@theshalizigroup.com.
 *         Receiving marketing-related SMS text messages from us and our
   affiliates: If you do not want to receive marketing-related SMS text messages
   from us and our affiliates on a going-forward basis, you may opt-out from
   receiving such messages by texting back “STOP” or by emailing us
   at info@theshalizigroup.com.
 *         Our sharing of your Personal Information with artists or unaffiliated
   third parties for their marketing purposes: If you prefer that we not share
   your Personal Information on a going-forward basis with artists or
   unaffiliated third parties for their marketing purposes, you may opt-out from
   such sharing by emailing us at info@theshalizigroup.com.

In each case, please make clear in your email what you are opting-out from. We
will comply with your request(s) as soon as reasonably practicable. Please note
that, if you do opt-out from receiving marketing-related messages from us, we
may still send administrative messages to you.

 

How you can access, change or delete your Personal Information

If you would like to access, review, correct, update, suppress, restrict or
delete Personal Information that you previously provided to us, if you would
like to object to our use of your Personal Information, or if you would like to
request to receive an electronic copy of your Personal Information for purposes
of transmitting it to another company (to the extent this right to data
portability is provided to you by applicable law), you may contact us
at: info@theshalizigroup.com. We will respond to your request consistent with
applicable law.

In your request, please make clear what Personal Information you would like to
have changed, whether you would like to have your Personal Information
suppressed from our database or otherwise let us know what limitations you would
like to put on our use of your Personal Information. For your protection, we may
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. We will try to
comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping
purposes and/or to complete any transactions that you began prior to requesting
a change or deletion (e.g., when you make a purchase or enter a promotion, you
may not be able to change or delete the Personal Information provided until
after the completion of such purchase or promotion).

Where our collection and use of Personal Information is based on your consent,
you may withdraw such consent at any time by emailing us
at info@theshalizigroup.com and such withdrawal will not affect the lawfulness
of processing based on consent before your withdrawal.

 

Cross-Border Transfer

The Properties are controlled and operated from the United States; accordingly,
this Privacy Policy, and our collection, use and disclosure of your Personal
Information, is governed by the laws of the United States, and the Properties
are not intended to subject Company or any of its affiliates to the laws or
jurisdiction of any state, country or territory other than that of the United
States. Your Personal Information may be stored and processed in any country
where we have facilities or in which we engage service providers, and by using
the Properties you understand that your information will be transferred to
countries outside of your country of residence, including the United States,
which may have data protection rules that are different from those of your
country.

The Properties are not directed to individuals under the age of thirteen (13),
and we request that such individuals do not provide Personal Information through
the Properties.

 

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Please take a look at the “LAST
UPDATED” legend at the top of this page to see when this Privacy Policy was last
revised. Any changes to this Privacy Policy will become effective when we make
the revised Privacy Policy available on or through a Property.

 

CONTACTING US

The Shalizi Group, located at 4019 Tujunga Ave., Studio City, CA 91604, is the
company responsible for collection, use and disclosure of your Personal
Information under this Privacy Policy. If you have any questions or concerns
about this Privacy Policy or our data processing practices, please contact us by
email at info@theshalizigroup.com. Alternatively, if you are located within the
EU/EEA, you may also lodge a complaint with a data protection authority for your
country or region, or where an alleged infringement of applicable data
protection law occurs.

We are located at the following address: 

The Shalizi Group

c/o Marshmello and Mellogang

4019 Tujunga Ave,

Studio City, CA 91604

 

Please note that email communications are not always secure, so please do not
include credit card information or other sensitive information in your email
messages to us.

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