ARTPOP Privacy Policy

Last Updated: November 10, 2013

This Privacy Policy is incorporated by reference into and made a part of the ARTPOP End User License Agreement and Terms of Use (the “EULA”).  The ARTPOP mobile application (the “App”) is brought to you by Petga, LLC (“Petga”).  The terms “Petga,” “we,” and “us” each include Petga, LLC, and our affiliates and subsidiaries.  This Privacy Policy explains how Petga may:

information we obtain through the “Service.”

The “Service” means the App, the Website (as defined in the EULA), and the associated cloud service under the control of Petga that supports the App.  

Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number.  We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

The SERVICE Collects Your Information

We collect Personal Information when you:

  • register on the Service;
  • use the Service; and
  • communicate with us.  

We also may collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.

Active Information Collection.  When you launch the App, the App creates an identifier for you and asks you for your name.  We use this information, together with your geographic location (collected with your consent), a self-portrait or other image that you take with the camera on your mobile device (collected with your consent), and your answers to a series of questions the App asks you, to create an “Aura.”  You may bypass providing geolocation information and photographs during the Aura creation process.  

Additionally, you may register within the App for an account on the Service.  An account you create will be associated with your Aura, and is necessary for you to engage in certain activities on the Service, such as syncing certain User Content to the cloud in the Service and posting to the Service’s “ArtHaus Exhibition.”  To register for an account, you will need to provide Personal Information, such as your email address and a username and password that you select.  

We also collect User Content that you create within the Service.  User Content may include photographs or videos that you take with your device or that are in your device’s photo or video libraries.

Using the Service.  We collect information when you use the Service.  For example, we collect information about what tracks from the album ARTPOP (“Album”) may be resident on your device and whether you obtained those tracks via a download from an authorized digital distributor of the Album (e.g., Apple iTunes).  The App obtains this information by scanning the music library on your device when you launch the App.  If you have purchased tracks from the Album via Apple iTunes or Amazon, or have acquired a lawfully released physical copy of the Album on CD (as defined in the EULA) or via an otherwise authorized digital distributor, then you may be able to access those tracks in or through the App following compliance with the verification procedures set forth in the EULA.  As described in the EULA, the verification process may require you to provide us or our third-party service provider with information such as an email address and a user-selected password (as part of the CD Confirmation Procedure, as defined in the EULA), or with evidence of an Alternative Digital Purchase (as defined in the EULA), i.e., a copy of a digital receipt.

We also use Google Analytics to track activity within the App, including how many people visit the iTunes Store or other music stores via the “Buy” button in the App, and roughly how many people have downloaded the App to a mobile device.  

Customer Support.  We may collect Personal Information through your communications with our customer-support team.  

Location Information from Your Mobile Device.  With your consent, we will collect and store your location information from your mobile device.  We may use this information to understand locations from which User Content is being posted and other activity on the Service is occurring.  We may use this information to generate “heat maps” of user activity, and to display them publicly; to customize certain aspects of the Service and its contents (including a user’s Aura), and to improve the provision of the Service.  We also may allow users of the Service to locate User Content on the Service that has been posted from particular locations.  

Cookies, Automatic Data Collection, and Related Technologies.  The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

When you use the Service, we and our third-party service providers, including Google Analytics, receive and record information on our server logs from your device, including your IP address, as well as from cookies and similar technologies.  Cookies are small text files placed in visitors’ computer browsers to store their preferences.  Most browsers allow you to block and delete cookies.  However, if you do that, the Service may not work properly.

By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.

How petga Uses Your Information

We use Personal Information to

  • facilitate and improve our services; and
  • communicate with you.

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage.  We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service.  We may use and retain any data we collect to provide and improve our services.  

Communications.  We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.  We may also use other information, including Personal Information, to contact you for these purposes.  For example, we may contact you via push messaging (with your permission).

Marketing.  We may use information, including Personal Information, to provide online advertising on the Service and to facilitate transmittal of information that we believe may be useful, relevant, valuable, or otherwise of interest to you.

Aggregate Data.  We may anonymize and aggregate data collected through the Service and use it for any purpose.

PETGA MAY Disclose Your Information

We may share your information:

  • with our third-party service providers;
  • to comply with legal obligations;
  • to protect and defend our rights and property; and
  • with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

We Use Vendors and Service Providers.  We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.

Displaying to Other Users.  The User Content you post to the Service may be displayed on the Service, including on publicly-available URLs.  Additionally, you may elect to use functionality in the Service to post User Content to social media services, as discussed below, or to transmit it via email. Other users of the Service may be able to see some information about you included in your User Content or your identity as the poster of such User Content.  The Service permits you to take photographs and videos, and to use photographs and videos in your device’s media library, and to use them in User Content.  We encourage you to exercise caution when including photographs and videos in User Content.  We are not responsible for privacy practices of the other users who will view and use any User Content you post to the Service or that you post to social media services.  Users may, among other uses of your User Content, “remix” your User Content by modifying it and making it available on the Service and on social media services.   You may adjust your privacy settings regarding the display of certain User Content on the Service by modifying the privacy settings, if available, with respect to particular items of User Content at the time you post or edit such User Content.  Privacy settings may appear as an “eye” icon that is visible at the time you post or edit User Content.

Publication to Social Media Services. You may elect to use functionality in the Service to post User Content to social media services such as Facebook, Twitter, Tumblr, Google+, and LittleMonsters.com.  If you elect to use this functionality, other users of the social media service may see some or all information about you included in your User Content.  To control who can view your user content that you post to any social media service, you should check the privacy settings on that social media service.

Marketing.  We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.  We may allow access to other data collected by the Service to enable the delivery of online advertising on the Service, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Our Customers.  We only provide data to our customers after we have removed your Personal Information or have combined it with other people's data in a way that it is no longer associated with you.  

As Required By Law and Similar Disclosures.  We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate  to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our or  others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers.  Although we have no present intention to sell Petga to a third party, take the company public, go into bankruptcy or surrender control of the company, it is always possible that future circumstances may change that and result in a change in control, merger, acquisition, reorganization, bankruptcy, receivership, sale of assets, or transition of the Service to another provider.  In such an event, or in the event of financing due diligence, your information may be disclosed, sold, or transferred as part of such a transaction, as permitted by law and/or contract.  The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

Aggregate Data.  We may disclose for any purpose any data collected through the Service that is anonymized or aggregated.

With your Permission.  We may also disclose your Personal Information with your permission.

Security of Your Information

We take steps in an effort to ensure that we handle your information securely and in accordance with this Privacy Policy.  Unfortunately, neither the Internet nor the Service can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.  We do not accept liability for unintentional or unauthorized disclosures.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.  If we learn of a security systems breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.  You may have a legal right to receive this notice in writing.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at privacy@petgallc.com.  

Children’s Privacy

We do not knowingly collect information from children under 13 and we do not want it.  We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13.  If you learn that your child has provided us with Personal Information, you may alert us at support@petgallc.com.  If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

international users

By using the Service, you will transfer data to the United States.

By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with Petga or the Service will be in accordance with the EULA.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or correct any information that you have provided to us through your use of the Service or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to support@petgallc.com.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy.  We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted.  If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information.  From time to time, we may desire to use or disclose Personal Information in ways not previously disclosed in our Privacy Policy.  If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Via e-mail:

Privacy Questions:privacy@petgallc.com

General Support:support@petgallc.com

Via U.S. Mail:

Petga, LLC

c/o Gelfand Rennert & Feldman, LLP

1880 Century Park East, Suite 1600

Los Angeles, CA 90067