Privacy policy

Introduction

Welcome! You have arrived at a web site that is owned and/or operated by Overhead.fm, Inc.(“ Overhead”or “ we,” “ our” or “ us”). This “ Privacy Policy” governs your use of this web site (including, without limitation, both mobile and online versions of our web site), and also applies to your use of interactive features, widgets, applications, content or downloads that interact with the web site and post this Privacy Policy (collectively, the “ Site”). This Privacy Policy only covers information collected at the Site directly by us, and not third parties that may interact with our Site, and does not cover any information collected at any other web site or offline by Overhead (unless specifically stated).

In addition, please review the Site’s Terms of Use, which governs your use of the Site. By using our Site, you consent to our Privacy Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.

1. What Information Does The Site Collect?

(a) Information You Provide To Us
Personal Information and Demographic Information. On the Site, we may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and physical address (“ Personal Information”); and (2) demographic information, such as information about your gender and occupation (“ Demographic Information”). We may collect this information through various forms and in various places on the Site, including account registration forms, subscription purchasing forms, contact us forms or when you otherwise interact with the Site. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

(b) Information We Collect As You Access And Use The Site
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Site (“ Usage Information”), which technologies may be downloaded to your Device (defined below) and may set or modify settings on your Device. This Usage Information may include the browser that you are using, the URL that referred you to our Site, the areas within our Site that you visit and your activities there, your Device location, your Device characteristics and certain Device data, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to assess, enhance or otherwise improve the Site or our activities in connection with them. A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier. We may access and use Device Identifiers that have already been associated with your device, may modify such identifiers to create a new identifier or associate a wholly new identifier with you or your device. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

We may use various new and hereafter developed technologies to collect Device Identifiers, Usage Information and Demographic Information about you (“ Tracking Technologies”). A few of the methods that may be used to collect Usage Information, include, without limitation, the following (and subsequent technology and methods hereafter developed):

Cookies . A cookie is a data file placed on a Device when it is used to visit the Site. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to and activities on the Site. If you choose to disable cookies on your Device, some features of the Site may not function properly.

Web Beacons . Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.

Embedded Scripts . An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

There may be other Tracking Technologies now and hereafter devised used by us in connection with the Site. Further, third parties may associate Tracking Technologies with our Site. We may not control those Tracking Technologies and in such event, we are not responsible for them. This Privacy Policy does not apply to the practices of such third parties.

(c) Information You Provide About a Third Party
If you send someone else a communication from the Site, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.

2. How Do We Use The Information Collected?

Use of Information by Us. We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy Policy: (1) to provide you with information or services or process transactions that you have requested or agreed to receive; (2) to enable you to participate in a variety of the Site’s features; (3) to process your account registration and/or subscription to the Overhead.fm music distribution platform and purchase of products or services from the Site; (4) to improve the Site or our services; (5) to contact you with regard to your use of the Site; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3. How and When Do We Disclose Information to Third Parties?

We may share non-personally identifiable information, such as aggregated user statistics, with third parties. We may share Device Identifiers with third parties along with non-personally identifiable information. We do not share your Personal Information that we have collected from you pursuant to this Privacy Policy with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

(a) When You Agree To Receive Information From Third Parties .

(b) Third Parties Providing Services on Our Behalf .

(c) Administrative and Legal Reasons .

(d) Business Transfer.

(e) Sweepstakes, Contests and Promotions.

4. What About Information I Disclose Publicly?

(a) User Generated Content and Public Information.

(b) Name and Likeness.

5. Do Third Party Content And Links To Third Party Sites Appear on the Site?

6. How Do I Change My Information And Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account or subscription registration. The Site may allow you to review, correct or update Personal Information you have provided through the Site’s registration forms or otherwise.

7. What About Consent To Transfer Information To The United States?

The Site is operated in the United States. If you are located outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States.

8. What Should Parents Know About Children?

The Site is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13).

9. What About Security?

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.

10. What About Changes To The Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you.