Privacy Policy

Last updated: 6 January 2023

This Privacy Policy (the “Policy”) describes how your personal information is collected, used, and shared when you visit, use, or effect a transaction (as applicable) from the BIG FIVE GROUP, LLC. (“BIG FIVE RCRDS”) website at bigfiverecords.com and all subdomains, subscription platform, mobile application(s) (the “Site”), and services offered by BIG FIVE RCRDS through all of these (collectively, the “Service”), unless otherwise specified. This policy is incorporated into the [Terms and Conditions] (the “Terms”) that govern your use of the Service. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in the Terms. By using the Service, you consent to the practices described in this Policy.

Please note that this Policy does not apply to: information collected by us offline or through any other means, including on any other website that we operate or any third party (including our affiliates and subsidiaries); or

information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Service.

Personal Information We Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

You may use the Service only if you are at least 13 years of age. We do not knowingly market or sell products or services for purchase by children. You may buy products or services from BIG FIVE RCRDS only if you are legally capable of forming a binding contract with BIG FIVE RCRDS (or if you are over 13 years old but under 18 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Service under the laws of the United States of America (“U.S.”) or any other applicable jurisdiction. By using this Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Site or the Service.

You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You may not use the Service or our products (including NFTs) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

We also collect certain information about you communicate with us which includes your name, email address, and user identifier. We refer to this information as “Contact Information.”

We also collect certain information about you when you connect your Wallet to the Service which includes your wallet address or wallet identifier. We refer to this information as “Wallet Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information, Contact Information and Wallet Information.

By using the Site or providing us with Personal Information to communicate with us or complete a transaction, you are giving us your consent to collecting and using your Personal Information to communicate with you or complete the transaction, and for all of the other purposes described in this Policy, as applicable.

How Do We Use Your Personal Information?

We use, store, and process the Personal Information that we collect to provide and improve our Service, and to offer a secure, safe, and trusted experience. For example, we may use your Personal Information:

to interact with the Site;

to protect against or deter fraudulent, illegal, or harmful conduct;

to provide you with information and other services that you may request from us;

to carry out our obligations and enforce our rights arising from any contracts or agreements entered into between you and us;

to notify you about changes to our Service or Products;

to improve and optimize the Service;

to allow you to participate in interactive features on the Site;

to respond to correspondence we receive from you, and providing customer service;

to resolve disputes;

in any other way that we may describe at the time we provide the information (for instance, in connection with a contest or promotion);

for any other purpose, with your consent;

to comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law; and

as necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We will keep your Personal Information only for as long as necessary to provide you with the Service, maintain our legitimate business operations, and/or exercise, defend or establish our rights. The precise length of time that we retain your Personal Information depends on why we collected it and how we use it, but we will not retain your Personal Information for longer than necessary for our business purposes or for legal requirements. We may retain Wallet Information indefinitely.

Disclosing Your Personal Information

Note that we may de-identify Personal Information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function known as a “hash.” We will treat de-identified information as non-personal to the fullest extent permitted by applicable law.

We share your Personal Information with third parties to help us use your Personal Information, as described above. We also currently use the following third party services for the following purposes:

Third Party Service: Google Analytics

Purpose: To help us understand how our customers use the Site.

We may disclose Personal Information that we collect or you provide, as well as information that you provide to us about third -parties, as described in this Policy:

to our subsidiaries and affiliates;

to service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;

to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BIG FIVE RCRDS assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred;

to fulfill the purpose for which you provide it;

for any other purpose disclosed by us when you provide the information; and

with your consent.

Please note that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the U.S., then your personal information used in completing that transaction may be subject to disclosure under U.S. legislation, including the Patriot Act.

We may also disclose your Personal Information:

to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

to enforce or apply our [Terms] and other agreements we may have with you; and

if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BIG FIVE RCRDS, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms.

Do Not Track

Please note that the Site responds to the Do Not Track setting in your browser.

Your Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information that you provide to us and that we collect. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.

You may also send us an email at legal@bigfiverecords.com to request access to, correct or delete any Personal Information that you have provided to us. We may not accommodate a request to change or delete Personal information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. For instance, we are not able to change or delete Wallet Information.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures.

Rights of Eurpean Union Residents

If you are a European Union resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European Union resident we note that we are processing your information in order to fulfill contracts we might have with you, to pursue our legitimate business interests listed above, or otherwise with your consent. Additionally, please note that your information will be transferred outside of the EEA, including to the U.S.

Minors

Our Service is intended for a general audience and not for use by anyone younger than the age of 13 in the U.S. (or under the applicable legal age outside of the U.S.). We do not knowingly collect personal information from children younger than the age of 13 (or under the applicable legal age outside of the U.S.), without the consent of a parent or legal guardian; if we learn that we have done so, we will promptly remove the information from our active databases. If you are a parent or legal guardian who believes that we have collected or used your child’s personal information without your consent, please contact us at legal@bigfiverecords.com.

Changes

We may update this Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. It is our practice to post any changes we make to our Policy on this page with a notice that the Policy has been updated on the Site. If we make material changes to how we treat Personal Information, we will notify you through a notice on the Site. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at legal@bigfiverecords.com.