Information We Collect and How We Use It
We may collect the following types of information:
Information You Provide:
When you sign up for an IndiePlaya account ("Registration"), we will ask you for personal information, such as your full name, email address, username and password. We may combine the information you submit under your IndiePlaya account with information from other parts of the Service or third parties in order to provide you with a better experience and to improve the quality of the Service. For certain services, we may give you the opportunity to opt out of combining such information. You can use the IndiePlaya website to learn more about the information associated with your IndiePlaya account.
During Registration or anytime thereafter, you may designate or modify your IndiePlaya account settings. If you elect (e.g., on the IndiePlaya Registration page or Account Settings page) to receive updates or news regarding IndiePlaya products or services, IndiePlaya may use this information to send you marketing materials related to our products and/or services, content announcements, special third party promotions, and the like. In addition, if you log into a third party site powered by IndiePlaya (a "White-Label Site"), IndiePlaya may share your full name and email address with such White-Label Site in the event that you log in using your IndiePlaya username and password, and such White-Label Site may use this information for promotional purposes related to their site or for content or features that are available on the White-Label Site.
Log Information: When you access the Service, our servers automatically record information that your browser sends whenever you navigate to a particular part of the IndiePlaya website or third party website powered by IndiePlaya. These server logs may include information such as your search request, your interaction with Content, the Service or any portion thereof, Internet Protocol address, browser type, browser language, the date and time of your request or interaction with Content or the Service, and one or more cookies that may uniquely identify your browser or your account.
With IndiePlaya: When you send email or other communications to IndiePlaya, we may retain those communications in order to process your inquiries, respond to your requests and improve the Service. We may use your email address to communicate with you about the Service.
With Others: Information provided by you to the Service will be visible to all users of the Service, except where we provide controls that restrict access to the information, in which case the information provided by you will be limited to individuals meeting the restriction(s), if any, designated by you. By way of example, if you post a review, tag, chat message, news message or the like using features of the Service, that information will be viewable by other users of the Service.
User Activity on the Service:
If you elect (e.g., on the IndiePlaya Account Settings page or in the Catalog Manager) to share information regarding your activities on the Service with users on third party sites (e.g., electing to share with your friends on a social networking site the fact that you have just watched or reviewed a film or joined a chat on the IndiePlaya website), we will provide that information to users identified by you as your "friends" (or similar designation) on any such third party site(s).
We may collect information regarding user activity on the Service, including your use of the Service, and provide that information, aggregated and anonymized (i.e., with individual user identities removed), to others in the form of reports; provided, however, that (a) in no event will we share any personally identifiable information with others (including any raw data from which others might reasonably, using one or more algorithms, discern personally identifiable information about you) without your prior consent; and (b) any information provided to the Service for system use (e.g., your username, password, password reminders) will be kept strictly confidential.
In addition to the foregoing, we may use the information we collect to:
Provide, maintain, protect, and improve the Service and develop new features and functionality;
Protect the rights or property of IndiePlaya, our affiliates or our users; and
Comply with any requests therefor by law enforcement or as required pursuant to court order in accordance with the USA Patriot Act and/or the ECPA, as set forth more fully below.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use, which consent you agree not to unreasonably withhold, condition or delay.
IndiePlaya processes personal information on our servers in the United States of America. Depending on where you reside, we may process personal information outside your own country.
You can use the IndiePlaya Account Settings page to review, edit and control the disclosure of personal information to third parties, including modifying your account settings to limit the type of information that may be transmitted to third parties (e.g., social networking sites) and whether you elect to receive news and updates related to IndiePlaya's products or services.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some IndiePlaya features and services may not function properly if your cookies are disabled.
IndiePlaya only shares personal information with other companies or individuals outside of the Service in the following limited circumstances:
We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of IndiePlaya, its affiliates, users, or the public, as required or permitted by law.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to IndiePlaya employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and Updating Personal Information
When you use the Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (e.g., requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Safe Harbor; Enforcement
IndiePlaya complies with the U.S.-European Union (EU) Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
USA Patriot Act Notice
The federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. IndiePlaya anticipates fully complying with all of its obligations, and availing itself of all its rights, under the USA Patriot Act.
ECPA Notice; Monitoring of Service
IndiePlaya treats email messages and other communications through its platform, including, without limitation, the Applications, as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2701-2711 (the "ECPA"). The ECPA permits IndiePlaya's limited ability to intercept and/or disclose electronic messages, including, for example (a) as necessary to operate its system or to protect its rights or property, (b) upon legal demand (e.g., court orders, warrants, or subpoenas), or (c) where IndiePlaya receives information inadvertently which appears to pertain to the commission of a crime. The parties acknowledge and agree that neither IndiePlaya's platform nor either of the Applications is considered a "secure communications medium" under the ECPA, and that no expectation of privacy is afforded in the event that the Service is monitored and/or disclosed.
Special Note to International Users
or write to us at:
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403-1171
Last updated: March 11, 2011
TM & © 2011 IndiePlaya, Inc. All rights reserved.