BREAKING HITS®

We at BREAKING HITS® , Inc. (“BREAKING HITS® ,” “we,” “us,” or “our“) created this Privacy Policy (“Privacy Policy“) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of BREAKING HITS® in connection with our App.

The terms of this Privacy Policy are incorporated by reference in the Terms of Use that you accept upon registering to use the App (the “Terms of Use”). By accepting the Terms of Use, you accept the terms of this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

Information We Collect

In the course of providing the App, BREAKING HITS® will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

1. Personal Information
2. we do not collect any personal information from you unless you voluntarily provide it to us. If you would like to use the App, you will have to download the App from the App Store using your App Store credentials. Such information may include, without limitation, your first name, last name, and e-mail address. In this Privacy Policy, we refer to this information as “Personal Information”.
3. Other Information
4. In addition to the Personal Information, we may collect or receive additional information (collectively, the “Other Information”, and together with Personal Information, “Your Information”). Such Other Information may include:
   1. From Your Activity. Information that we automatically collect when you use the App, including, without limitation:
      • IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages and other performance and usage data; and
      • Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (Wi-Fi, 3G, 4G, LTE); and similar data.
   2. From Cookies.We may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect Other Information and to enhance your experience using the App. Cookies are small text files a website can use to recognize a repeat visitor to the website. We may use cookies for various purposes, including to:
      • facilitate the sign in process for the App;
      • authenticate users;
      • personalize your experience;
      • analyze which portions of the App are visited and used most frequently; and
      • Measure and optimize advertising and promotional effectiveness.
   3. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the App, although your ability to use some of the features may be affected.
   4. Third-Party Analytics. We use third-party analytics services to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the App, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

The Information Collected by or Through Third-Party Advertising Companies

You authorize us to share Personal Information or Other Information about your activity on the App with third parties for the purpose of providing advertisements you see on the App. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes.

Information Collected through the App That IS NOT Covered by this Privacy Policy

ANY COMMENTS THAT YOU POST THROUGH THE APP IS PUBLIC INFORMATION AND MAY BE SEEN, READ, COLLECTED OR USED BY ANY OTHER USER OF THE APP. THIS PRIVACY POLICY DOES NOT APPLY TO SUCH INFORMATION, INCLUDING ANY PERSONAL INFORMATION CONTAINED THEREIN AND WE ARE NOT RESPONSIBLE FOR THE INFORMATION YOU CHOOSE TO SUBMIT IN THIS MANNER OR THE USE THEREOF BY ANY OTHER USER OF THE APP OR ANY OTHER THIRD PARTY.

How We Use Your Information

We will use your Personal Information and Other Information for the following purposes:

• To respond to your requests and to provide you with the App;
• To respond to your inquiries and contact you about changes to the App;
• To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving;
• To improve the App;
• To contact you regarding other products or services we offer;
• For any other purposes disclosed at the time the information is collected or to which you consent;
• With your consent as provided through the Favorite Tool (as described below), to our third party vendors; and
• As otherwise specifically described in this Privacy Policy.

We may also use your information to improve our App, and may use cookies and other information to enable us to customize your user experience.

You’re User Generated Content and your Username is viewable by other users of the App, including your social media contacts who are also users of the App. We are not responsible for any user’s use of such information and their use of the information is not subject to this Privacy Policy. Please take care with the information, particularly any Personal Information, which you include in your User Generated Content.

We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.

If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personal Information, would be transferred along with our other business assets.

We may disclose your information, including Personal Information, to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose such information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the App, or anyone else that could be harmed by such activities.

How We Protect Your Information

We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

How to Delete Your Information

We store data until it is no longer necessary to provide our services, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. We will delete your information upon request (via email to privacy@34.148.91.106). We undertake to perform the deletion within four months (120 calendar days).

Your Choices

You may choose to unsubscribe from our emails by following the instructions in the bottom of the email.

External Links

The App may contain links to External Sites. We do not endorse such External Sites and we are not responsible for the privacy practices of such sites. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use your Personal Information.

Important Notice to Non-U.S. Residents

The App is operated in the United States. If you are located outside of the United States, please be aware that any Personal Information and other information that you provide to us will be transferred to the United States. By providing us with this information, you consent to this transfer.

Children

We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the internet without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

California Privacy Rights

Under California Civil Code Section 1798.83, California residents who have an established business relationship with BREAKING HITS® may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@34.148.91.106 with “Privacy Policy” in the subject line or write to us at:

BREAKING HITS®, Inc.
27955 Smyth Dr. #103
Valencia, CA 91355

In addition, BREAKING HITS® does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the App as soon as they go into effect. By accessing and/or using the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at support@34.148.91.106 “PRIVACY POLICY” in the subject line, or mail us at the following address:

BREAKING HITS®, Inc.
27955 Smyth Dr. #103
Valencia, CA 91355

Copyright Dispute Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Breaking Hits’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, email address;

A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:

remove or disable access to the infringing material;

notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

terminate such content provider’s access to the Services if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

A physical or electronic signature of the content provider;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; andContent provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.  

Please contact Breaking Hits’ Designated Agent at the following address:

BREAKING HITS®, Inc.
27955 Smyth Dr. #103
Valencia, CA 91355