Privacy Notice

Last Modified Date: September 13, 2011

Welcome to the Gigstarz Media, LLC (“Gigstarz”)  platform our website located at www.gigstarz.com) ("Site"), our application and for content streaming and social networking ("Service") any other web sites, applications, or services operated or produced by Gigstarz (collectively, the “Gigstarz Platform”). Gigstarz values the privacy of the users, subscribers, publishers, members, and others who visit and use the Gigstarz Platform (collectively or individually, “You” or “Users”).

This Privacy Notice covers several key privacy converns:

• * Notice - what personal information is being collected by Gigstarz
• * Choice - What options you have about how/whether your data is collected and used
• * Access - your ability to see what data has been collected and correct if necessary
• * Security - how your data is stored and protected
• * Redress - what you can do if you believe we are not living up to our privacy standards

This Privacy Notice is incorporated into and is subject to the Gigstarz Terms of Service. Your use of the Gigstarz Platform, Websites and any personal information you provide on the Gigstarz Platform remains subject to the terms of this Privacy Notice and our Terms of Service. Please note that any graphic, video, image, picture, photo, location or other content posted for public view at the direction of Users onto the Gigstarz Platform becomes published content accessible by other users for their viewing, collection or others uses without your consent.  Please be thoughtful about what you post and make publicly available through the Gigstarz Platform.

As used in this notice, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using information in various ways, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within the United States or internationally.

By using the Gigstarz Platform, you expressly consent to the collection, storage, use and other information handling practices described in this Privacy Notice.  This Privacy Notice is effective upon acceptance for new users and is otherwise effective on last modified date. 

When we use the phrase "Personal Information", we mean information about you that is personally identifiable, like your name, address, e-mail address, phone number, credit card number or other billing information as well as other non-public information that is associated with the Personal INormation.  When we use the phrase "non-personally identifiable information" or "non-PII", we mean information that is not personally identifible without other context or reference data, such as your usage patterns, purchase patterns, migration, preferences and general behavior on our Site.  Non-PII does not enable direct identification of you.

Table of Contents

1. In General
2. Gigstarz Use  of  information
3. Publicly Available Information on the Site
4. When Gigstarz Discloses information
5. Data Security
6. Children's Privacy
7. International Users
8. Your Choices
9. Advertisers
10. Merger or sale
11. Changes and Updates
12. Effective Date, Date Last Modified
13. Contact information

Browsing Gigstarz You can watch videos on the Gigstarz Platform without having a Gigstarz Account (defined below) and also have limited participation through chat rooms and performance "Audience chats". You can also contact us through the Gigstarz Help Center or by emailing us directly without having to register for an Account.

Gigstarz Account. For some activities on the Gigstarz Platform like uploading videos, participating in Audience Chats, purchasing credits, purchasing access to paid live/archived performances, reviewing purchased performances, posting comments, flagging videos, or watching restricted videos, you need a Gigstarz account ("Account"). We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access.

Usage Information. When you use the Gigstarz Platform, we may record information about your usage of the Site, such as the channels, groups and favorites you subscribe to, which other users you communicate with, the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in Gigstarz (including user interface elements, settings). If you are logged in, we may associate that information with your Gigstarz account. In order to ensure the best quality service, we may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications in order to confirm delivery.

Content streamed or Uploaded to Site. Any personal information or video content that you voluntarily disclose online (e.g., video comments, your profile page) may be collected, viewed and used by other Members (defined below) and Gigstarz Users.

Log Data. As you use the Gigstarz Platform, whether as a non-registered user or as a registered user "Member", our servers automatically record your browser information whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's IP address, browser type or the domain from which you are visiting. We use this information to monitor and analyze use of the Service and for the Site's technical administration. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Personal Identifying Information.

Our primary goals in collecting information are to provide, enhance and improve your experience of the Gigstarz Platform and the administration of your membership to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.  

We do not use your email address or other Personal Information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Site or Service changes or for customer service purposes).

We use cookies, web beacons, and Log File information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.  We may also use your information in order to better understand how our Gigstarz Platform used.

Personal Information uses:

1. In the course of using the Gigstarz Platform, we ask you to provide us with certain Personal Information. We mainly use your Personal Information to provide the Service and administer your inquiries.

2. In order to share your live video streams, archived/ recorded content or any other content, you may invite other users through our "invite feature" during broadcast setup or file uploads.  This information will be used only to send your invitation and reminders. All this information will be viewable by you unless you specify otherwise. All information that you enter or upload about your contacts will be covered by terms of this Privacy Notice.   Please note, messages you initiate may also provide aggregate information about your network (e.g., how many people are in your network), but will never list the people to whom you are directly connected.

3. Gigstarz derives location information from your current location on the Site. You may control when your location is shared with others by adjusting your privacy setting (click here).

4. Gigstarz may employ third parties to facilitate our Gigstarz Platform, to provide the services on our behalf (e.g., fraud investigation, bill collection, affiliate and reward programs), to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are not allowed to disclose or use it for other purposes.  However, we may share your Personal Information to other third parties to whom you explicitly as us to send your information or about whom you are otherwise explicitly notified and consent to when using a specific service on the Site.

5. Gigstarz cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Gigstarz or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.

6. Please be aware that when you register to become a Gigstarz Member, other users of the Gigstarz Platform, including the Service, may be able to see your screen or user name, in addition to any comments or submissions that you post to the Site or submit via the Service. We recommend that you guard your anonymity and sensitive information at all times.  For example, you should not use your real name as your screen or user name to the extent that allows others to personally identify you.

7. We also collect the other information that is non-PII that you provide as part of your use of the Service and Site, including your registration and the administration and personalization of your profile webpage (e.g., without limitation zip code and individual preferences). Certain Non-PII would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-PII when they are extracted or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-PII and aggregate it with information collected from other Gigstarz users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Gigstarz Platform is used.

When you create an Account, some information about your Account and your account activity will be provided to other users of Gigstarz. This may include the date you created an Account, the date you last logged into your Account, your age (if you choose to make it public), and the country and the number of "budz", "Starz" and "Fanz" you have.

Your Account name, not your email address, is displayed to other users when you engage in certain activities on the Gigstarz Platform, such as when you stream LIVE, upload videos or send messages through the Service. Other users can contact you by connecting with you via the "Gigstarz Platform IM" or using the "Gigstarz Platform webbased Email system" (the Gigstarz Platform Email system does not disclose your personal email address but rather is an internal Site based system which stores emails locally as well as sends external emails to users without divulging the recipients external email address to the email sender.).

Any videos that you stream LIVE or upload and submit to the Gigstarz Platform may be redistributed through the internet and other media channels, and may be viewed by other Gigstarz Platform users, Members or the general public.

You may also choose to add Personal Information which may include your name, gender, profile picture or other details, that will be visible to other users on your Account channel page. If you choose to add certain features to your Account profile and/or channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated and videos that you have uploaded.

Gigstarz takes the privacy of our users very seriously. Gigstarz will not sell, rent, or otherwise provide your Personal Information to any third parties for commercial or marketing purposes without your explicit consent. We will only share your Personal Information with third parties to carry out your instructions and to provide specific services. In addition to the uses of your Personal Information and Non-PII as described above, we may also provide Personal Information and Non-PII to our subsidiaries, affiliated companies or other businesses or persons for processing such information on our behalf. In these cases, we require that these parties agree to process such information in compliance with this Privacy Notice.

But, we share Non-PII (including usage data, referring / exit pages and URLs, platform types, number of clicks, aggregated data, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Gigstarz Platform.

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also disclose Personal Information to respond to law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.  In such events, we will attempt only to disclose information relevant to the investigation.  Without limiting the above, Gigstarz will not otherwise disclose your Personal Information to law enforcement, other government officials, to other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Gigstarz is very concerned with safeguarding your information. We protect your data by using several industry standard tools (e.g., encryption, passwords, physical security, etc.) which protect your personal information from unauthorized access and disclosure.  We employ and pay close attention to administrative, physical and electronic measures designed to protect your information from unauthorized access.

We ensure that user accounts and information are not misused by Gigstarz employees. A limited set of employees are authorized to access user accounts.  They are educated about the importance of maintaining user privacy, and their access to user accounts is recorded. Our employees are also contractually required to access accounts and log data only for quality, security, audit, and other internal business purposes. Additionally, we use commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We use certain technological tools and procedures to try to make sure that external parties cannot access or modify users’ personal information on our servers. These technologies and procedures include industry standard methods, like communicating over secure sockets layer (SSL), as well as our own proprietary methods. Additionally, private information can be accessed only by providing your password.

Please be aware that we cannot ensure the security of any information you transmit to Gigstarz over any public network. But once we receive your information, Gigstarz makes commercially reasonable efforts to ensure the security of our Gigstarz Platform systems.

We will notify you of any breach of the security, confidentiality or integrity of your unencrypted electronically stored Personal Information or Data (as defined or described in applicable state statutes on security breach notification) via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

The Gigstarz Platform is designed for individuals of the age 13 or older.  While numerous features have been implemented to restrict the use of the Gigstarz Platform by minors including content ratings and ratings based filtering, the use of the Gigstarz Platform by non-identified, non-registered users prevents Gigstarz from completely denying access to individuals who may or may not be under the age of 13.  If you are under 13 years of age, then please do not use or access the Gigstarz Platform at any time or in any manner.

Protecting the privacy of young children is especially important to Gigstarz. For that reason, Gigstarz does not knowingly collect or maintain Personal Information from persons under 13 years of age. If Gigstarz learns that personal Information of persons less than 13 years of age has been collected on or through the Gigstarz Platform, then Gigstarz will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a Member, then please contact Gigstarz at privacy@gigstarz.com to terminate the child’s account.

For users visiting the Gigstarz Platform from the European Economic Area or other non-U.S. territories, please note that any data you enter into the Gigstarz Platform will be transferred outside the European Economic Area or such other non-U.S. territory to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective of your Personal Information or sensitive information as those in your jurisdiction.

If you are located outside of the United States and choose to provide information to us, Gigstarz transfers Personal Information to the United States and processes it there.  In addition, because Gigstarz operates globally, we may make information available to worldwide business units and affiliates. By visiting the Gigstarz Platform and or providing any data on the Gigstarz Platform, you hereby expressly consent to such transfers and processing of your data in and to the United States or other countries.

If you have an Account, you may update or correct your personal profile information, email preferences and privacy settings at any time by visiting your Account profile page.

You may control the information that is available to other users and your confirmed "Budz", "Starz" and "Fanz" at any time by editing your Account and the features that are included on your settings page. If you have enabled "Show my Current Location", other users may see that you, as identified by your Gigstarz account name, not your email address, are watching specific broadcasts or are on specific pages of the Site.

You may, of course, decline to submit personal information through Gigstarz, in which case you can still view videos and explore Gigstarz, but Gigstarz may not be able to provide certain services to you. Some advanced Gigstarz features may use other services like Shopping Cart Checkout or advertising software like Google AdSense. The privacy notices of those services govern the use of your Personal Information.

California Privacy Rights

We do not share Personal Information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in an advertising campaign, sweepstakes or other promotion on the Gigstarz Platform. If you do ask us to share your Personal Information with a third party for its marketing purposes, we will only share your information for that particular marketing promotion. To prevent the disclosure of your Personal Information for use in third party marketing, do not “opt in” to such use when you provide Personal Information to register for the Gigstarz Platform or Service.
 

As described above, Gigstarz may customize the advertising and marketing messages you receive on the Gigstarz Platform, or may work with outside companies to do so. Your Non-PII and/or profile information may be shared with these companies so this customization can be accomplished. Gigstarz prohibits these companies from sharing your Non-PII and/or profile information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Gigstarz’ advertisers and business partners.

Gigstarz may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.  In the event that Gigstarz Media LLC. is acquired by or merged with or sold to a third-party entity in connection with a merger, acquisition, reorganization or sale of assets in the event of Bankruptcy, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

If Gigstarz Media LLC. becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy notice.

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. In general, we only use your Personal Information in the manner described in the Privacy Notice. Your continued use of the Gigstrarz Platform constitutes your agreement to this Privacy Notice and any future revisions.

If we make a change in our data collection policy that would result in a materially more permissive use of your Personal Information, we will you obtain your prior affirmation consent before implementing the change with respect to you data.

Effective Date: August 25, 2010

Date Last Modified: September 13, 2011

Please contact Gigstarz with any questions or comments about this Privacy Notice, your Personal Information, and our third-party disclosure practices or your consent choices by using our contact form located here or via postal mail at:

Gigstarz Media LLC

1849 South Ocean Drive, Suite 914
Hallandale, FL 33009

Email us at privacy@Gigstarz.com.

We will respond to your inquiry within 30 days of its receipt.