PRIVACY POLICY

Effective August 13, 2013

Your privacy is very important to Blackstone Audio, Inc. (referred to herein as “Blackstone,” “we” and “our”). Blackstone is committed to maintaining and using your information responsibly. Accordingly, Blackstone has developed this Privacy Policy in order for you to understand how Blackstone collects, uses, communicates, discloses and otherwise makes use of your information. This Privacy Policy covers the personal information that we collect at www.blackstonelibrary.com

(the “Site”) and does not apply to information that may be collected by Blackstone from you through other means. This Privacy Policy covers your use of the Site, whether you simply access and browse the Site, purchase product through the Site, enter information into the Site, and/or use any services or other features offered through this Site. We shall refer to the foregoing activities collectively by referencing your “use of the Site” (or a similar phrase). By using the Site, or by clicking to accept or agree to this Privacy Policy when this option is made available to you, on behalf of yourself and the entity you represent, acknowledge that: (1) You have read and understand this Privacy Policy; (2) this Privacy Policy forms a legally-binding agreement between you and Blackstone; and (3) You agree to be bound by this Privacy Policy in its then current form. You must have, and you represent and warrant that you have, full authority to bind your entity to this Privacy Policy. Do not use this Site if you do not agree with each term and condition stated in this Privacy Policy.

Collection and Use of Personal Information.

Blackstone collects and maintains personal information provided to us by individuals who register for an account on the Site on behalf of a library; who make purchases or use Blackstone’s services on behalf of a library; who participate in Blackstone’s surveys, contests or other promotional events; who are referred to Blackstone through a marketing promotion or third-party business relationship; or who otherwise send us information through the Site. Such information may include your name and the name of your library; your library’s mailing address, phone number, email address; contact preferences; username and password; billing information, purchase order information, credit card information, and/or procurement card information; and other information you provide to us when you communicate with us through the Site. We may also collect and store information about your library that we receive from other sources to enable us to update and correct the information contained in our database.

You are never under any obligation to provide us your personal information.

If you choose not to provide us your personal information, you can still browse the Site; however, you will not be able to register for an account, purchase products, or use certain other services offered through the Site.

Collection and Use of Automatically-Collected Information.

When you visit and interact with the Site, Blackstone also collects and stores the Internet Protocol (“IP”) addresses of individuals that visit the Site (an IP address is a number that can uniquely identify a specific computer or other network device on the Internet), the registered domain or home server you use, the date and time you access the Site, the type of computer and web browser you use to access the Site, the type of operating system your computer uses, referring website’s address, search terms, search results, and similar information regarding the interaction between the Site and your computer. Blackstone gathers information about how visitors navigate through the Site by using clickstream data gathered with “cookies” and/or other online tools such as “pixel tags.”

A cookie is a piece of data stored on your hard drive that contains information about your computer. A cookie assigns each visitor a unique, random number, a sort of anonymous user ID. Cookies allow us to identify the computer that a user uses to access the Site. Cookies may be used to enable Blackstone to track and target your interests for the purpose of enhancing and customizing your experience on the Site, and cookies may store user preferences, information about your browser, list of Site features used and activities conducted while using the Site. Cookies do not read data off of your hard drive. At your option and responsibility, you can block cookies at any time by changing the preferences in your browser and/or delete cookies from your hard drive. If you reject or delete certain cookies, you may still browse the Site; however, you may not be able to purchase products or have access to all of Blackstone’s services.

Blackstone may use pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by Blackstone’s advertising partners, to enable them to recognize a unique cookie on your Web browser, which in turn enables Blackstone to learn which advertisements bring users to the Site. We use this information to make our Site and services more interesting and useful to you. These advertising partners are not allowed to use information collected from the pixels for any reason except on our behalf, and they are required to keep that information confidential.

Use and Disclosure of Personal Information and Automatically-Collected Information.

We use the personal information that you disclose to us and automatically-collected information, to allow you to use the Site, perform the services that you have requested of us (including to process product orders and payments), respond to your inquiries and support our customer relationship with you, and in any other way we describe when you provide the information. We may use your personal information and automatically-collected information to customize and tailor your experience using the Site, displaying content we think you might be interested in and according to your preferences. We may use your personal information to contact you about your account and to notify you about changes to our Site, products, or services, and/or this Privacy Policy and our other Site terms and policies. Unless otherwise specifically stated in this Privacy Policy, automatically-collected information may be combined with personal information you provide to us.

We also use the information provided through our Site to analyze trends and statistics, to update and improve our Site and the services that we provide. We also use IP addresses to track and aggregate automatically-collected information, and we use IP addresses when our users log into their accounts to confirm their identity. We also use automatically-collected information to determine which website referred you to the Site.

In addition, if you request to be put on our promotional mailing list, we will use the information that you give us to send you announcements and other materials from time to time. Each e-mail you receive from us will give you the option to unsubscribe from our mailing list. If you no longer wish to receive email communications from Blackstone, please click on the “unsubscribe” link provided in each email. Alternatively, you may email Blackstone at libraryservices@blackstoneaudio.com. Please be sure to include in such email your full name, email address and specify what type of information you do not want to receive. If you request that we not contact you for marketing purposes (either by using the opt-out mechanism or contacting us), we reserve the right to contact you for non-marketing purposes relating to your account and/or other use of the Site.

Personal information provided in connection with purchasing products or otherwise using the services available through the Site may be disclosed to third party processors, fulfillment centers, financial institutions as necessary to process your purchases, or to other third party service providers who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs, and third-party site analytics providers). If you purchase product using a credit card, your credit card information is processed and stored by a third-party payment service provider that follows Payment Card Industry (“PCI”) standards for safe storage of credit card information, and our third party payment service provider is PCI compliant. Our third-party service providers are not authorized to use your information in any way other than to provide services to us or on our behalf, and they are required to keep the information confidential. We cannot guarantee, however, that once disclosed, other parties will not gain access to this information. Blackstone will not be liable for any damages that may result from the misuse of your personal information by these companies.

Blackstone may sell, assign, delegate or otherwise transfer your personal information and automatically-collected information to any successor in interest or to any purchaser of all or substantially all of the assets or stock of Blackstone, its affiliated entities and divisions or any entity with which it merges. In this event, we will use reasonable efforts to notify you when personal information and automatically-collected information is transferred to a third party, as well as to notify you about choices you may have regarding your information (this notification may be made via email to you or by posting a prominent notice on the Site). Unless you consent otherwise, your personal information will remain subject to the promises made in this Privacy Policy, even after the transfer. But any personal information and automatically-collected information you provide after the transfer will likely be subject to a new privacy policy, and you should review that policy.

We may also disclose information that we maintain, without your consent and without additional notice to you, when required to do so by law or where, we have a good faith belief, that disclosure is reasonably necessary to protect our rights or a third party’s rights, for example, in response to a court order, a subpoena, a request by a law enforcement agency or to respond to claims that any content violates the rights of any third party. We also reserve the right to disclose the information to any third party to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of our Site or our network; and to protect the rights, property and safety of our firm, the users of our Site and the public; and to defend against legal claims, or take action regarding illegal activities or violations of this Privacy Policy or our other Site terms and conditions.

Children’s Privacy.

The Children’s Online Privacy Protection Act imposes certain requirements on websites directed at children under 13 that collect information from those children, and on websites that knowingly collect information from children under 13. Our Site is not directed at children under 13, and we do not knowingly (i) collect any personal information from children under 13; (ii) permit submission of personal information by anyone under age 13; (iii) contact children under age 13 for marketing purposes; or (iv) sell products or services to children under age 13. If we learn that we have received information from a child under age 13 in violation of this Privacy Policy, we will use that information only to respond to directly to that child (or a parent or legal guardian of that child) to inform him or her that he or she cannot use the Site, and we will then delete that information from our files. If you are under age 13, you should not use this Site and you should not send us personal information about yourself. If you believe we might have information from or about a child under age 13, please contact us.

Protection of Information.

We make reasonable efforts to maintain the security, integrity and privacy of any personal information you choose to give us and of automatically-collected information. We have security technology and procedures in place to try to ensure that all information stored on our database is secured against unauthorized access and use. For example, Blackstone uses secure login authentication for user accounts on the Site; a secure sockets layer technology (SSL), which encrypts personal and financial information sent to us through the Site; firewalls, and other security measures. You should not send us financial information or other sensitive information via email, and you should not place orders with us via email, as this is not secure. In the event of an unauthorized use of your credit card, you should contact your card issuer immediately. Please promptly notify us if you become aware that your personal information is lost, stolen, or used without permission. If you notify us of such an event, we may disable access to your account in order to prevent an unauthorized third party from accessing your account.

Although we will strive to take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information or automatically-collected information that we collect will never be disclosed in a manner inconsistent with this Privacy Policy. Inadvertent disclosures may occur, and unauthorized third parties may circumvent the security measures we have taken and access your information. No data storage system or transmission over the Internet can be guaranteed to be 100% secure, and, as a result, we cannot guarantee the security of your personal information or automatically-collected information. Any transmission of information is at your own risk.

Information that you voluntarily make available for viewing by third parties online - for example in connection with postings, reviews, discussion forums or other community or social networking areas of our Site - can be seen, collected and used by others besides us. We are not responsible for any third-party use of such information, and we are not responsible for maintaining the confidentiality of such information. We cannot control how users store, transfer or use information gathered from our Site, so you should ensure that you do not post sensitive information to public areas of the Site.

Security of Personal Information on Other Websites.

Our Site may contain links to websites operated by third parties that are not under our control or supervision. We are not responsible for the privacy practices of these websites. These websites may have their own cookies, privacy policies and customer service policies, or no policies at all. We encourage you to read the privacy policies of the other websites to see how your personal information will be handled on the third party sites before providing them with your personal information or continuing to use the third-party websites and services. We are not, and shall not be deemed to be, responsible or liable for the privacy practices of such third parties, and your use of such websites is at your own risk.

Changes to the Personal Information We Have Collected.

Registered users may update or correct the personal information that they have provided to Blackstone by going to the Edit Account section of the Site. Alternatively, you may notify Blackstone of any changes by sending an email to libraryservices@blackstoneaudio.com. Please note that your account and all features of the Site may not function properly if we remove any or all of your personal information. If you want to close your account and/or ask us to delete your information from our database, please contact us at libraryservices@blackstoneaudio.com. Please be aware, however, that if you update, modify or delete any information from your account, we may retain residual information about you in backup and/or archival copies of our database. Further, we may retain your information to comply with our retention policy described below. Finally, note that we may not accommodate a request to change or delete your information from our database if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Retention and Storage.

Your financial information is retained by our third-party intermediary, except we retain the last 4 digits of your credit card for verification purposes if you use a credit card to purchase product through the Site. We will retain these last 4 digits of your credit card and all other personal information and automatically-collected information in our databases until you contact us and ask that we remove your information from our database. Please note that it may be impossible to remove some information, such as information that may reside in backup files. We may also retain automatically-collected information even after you request that we remove your information from our database, for use in the aggregate and to analyze and improve our Site. Further, even after you request that we remove your information from our databases, we may retain personal information and automatically-collected information to comply with applicable laws, rules, regulations, or guidelines; to prevent fraudulent activity; to protect ourselves against liability; to resolve disputes; and to permit us to pursue available remedies and limit any damages that we may sustain.

Your California Privacy Rights.

California Civil Code § 1798.83 permits Site users who are California residents to request certain information regarding Blackstone’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to libraryservices@blackstoneaudio.com or write to us at the address set forth below.

Effective Date and Modifications.

This policy is effective as of December 11, 2013. Please note that we may modify this Privacy Policy at any time, at our sole discretion, by posting the modified policy on our Site. You can determine if this Privacy Policy has been revised since your last visit to the Site by referring to the effective date. Blackstone will also provide notification of significant changes to this Privacy Policy through a link on the home page of the Site. In addition, if changes are significant and if you have set up an account through the Site, we will also notify you of such changes either (i) via the email address you have provided to us; or (ii) by requiring that you click-to-agree to the revised Privacy Policy the next time you access your account. You are responsible for providing us an up-to-date and active email address, and for periodically reviewing this Privacy Policy to check for any changes. The modifications will be effective upon posting, unless some other date is specified. Your use of our Site constitutes your full acceptance of the Privacy Policy in its then-current form. We will keep prior versions in an archive for your review upon your request.

Unenforceability

If any part of this Privacy Policy is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Privacy Policy shall continue in full force and effect.

Questions or Comments.

If you have questions regarding this Privacy Policy, you may contact us at Blackstone Audio, Inc., Attention: Privacy, 31 Mistletoe Road, Ashland, Oregon 97520; email: libraryservices@blackstoneaudio.com; Phone: 1-800-621-0182

© 2013 Blackstone Audio, Inc. All Rights Reserved.