PRIVACY

LOLFLIX recognizes that its users value their privacy and we take your privacy seriously. This privacy policy (“Privacy Policy”) explains our privacy practices, including what types of information we collect from you and how we may use it, our rights to share and disclose such information to third parties and how you can review and modify information that you provide to us and your preferences regarding our use and disclosure of such information. Please review our Terms of Use Agreement (Terms of Use), which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use.

This Privacy Policy only applies to the information collected by LOLFLIX Inc., and any respective affiliates (collectively, “LOLFLIX”, “we”, “our” or “us”) or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, in connection with your use of the Services. This Privacy Policy applies regardless of the device you use to access the Services and whether you are accessing the Services as a registered user or otherwise.

By using or interacting with the Services, you are consenting to the collection and use of your information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, then please do not use the Services.

INFORMATION THAT WE COLLECT.

Registration. When you register to use the Services, we may ask you to provide certain information, including your name, username, password, e-mail, date of birth, gender, address and music, artist or band preferences. Payment Info. If you make any purchase on or through the Services, your payment information (e.g., credit or debit card type, number and expiration date) and related information (e.g., physical address) may be collected by us and/or our third party payment processors. Information You Provide to Us. We collect any information you provide on or through the Services or give us in any other way. For example, we collect any information you provide when you update your user account and profile, participate in contests, surveys and other promotions relating to the Services, interact with customer service and sign up to receive information re shows and new content and other communications regarding the Services and/or third-party products or services. In addition, the Services may include features that rely on the use of information stored on, or made available through, your mobile device. For example, you may have the option to upload photos to your user profile or allow us access to your contacts so that we can help you connect with friends that are users of the Services (e.g., by matching e-mail addresses and/or phone numbers). Please note that local law may require that you get permission from your contacts to provide their contact information to us before allowing us to access this information. We may also ask to collect or use the specific location of your mobile device (e.g., by accessing your device’s GPS). We will not access or collect your photos, contacts or specific location information from your mobile device without your express permission and will only use such information for the specific purposes described herein and/or explained at the time we ask for your permission. You may grant such permission by adjusting your device settings and/or your user account settings to allow the applicable access and/or by responding to LOLFLIX’s request for such permission. (Please note that such location information does not include IP address, which we may continue to use as described in this Privacy Policy, including for purposes of determining what country you’re in.) As a general note, you can choose not to provide certain information, but you may not be able to access certain content or take advantage of certain promotions or features of the Services.

Posts. You may have the ability to use the Services to communicate with other users of the Services and post comments to or otherwise interact with certain aspects of the Services that are available to the public and/or other users. We may collect any information you submit, post or provide in the course of such activities.

Usage Data. The Services include features that automatically collect certain information, which may include the unique device identifier assigned to your device, Third Party Platform anonymous identifiers, and other information regarding your use of the Services to, among other things, assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience and better serving your particular interests and needs. The Services and/or third parties may use “cookies,” (which are small data files containing information about you that is stored on your hard drive), “embedded scripts”, “pixel tags” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with the Services. Such information may include “clickstream” data, the domain name of the service providing you with Internet access, your device type and attributes, Internet protocol (IP) address, network connection type (e.g., WiFi, 3G, LTE), browser type and version, operating system and platform, the average time spent on the Services, pages viewed, content searched for, access times and other relevant statistics, and your interactions with playlists, audiovisual content, other users of the Services, advertising, and products and services which are offered, linked to or made available on or through the Services. Such information may be collected by us and/or our third-party service providers and partners. Certain Tracking Technologies enable us to customize your experience on the Services and provide tailored recommendations, promotions, advertisements and other content relating to your specific interests. Other Tracking Technologies are used to make login to the Services easier (such as by remembering your user ID) and allow us to collect non-specific location information. For example, we need to know which country you are in, as some of our content licenses may be location-specific.

Third Party Information. If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials) and/or integrate your LOLFLIX account with your Third Party Platform account, we may collect certain information from the Third Party Platform, such as your username and other information you provided to the Third Party Platform in connection with your account (e.g., name, country, date of birth, gender and e-mail address).

Information Collected By Advertising Providers. The Services may also use third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) that may employ cookies and similar technologies to collect information about your interaction with the Services, your web browsing activity and your device, including your IP address, device type and other identifiers, browser type, web pages visited, non-precise location information, and information about your interaction with advertisements.

INFORMATION WE COLLECT. Subject to the controls and preferences you may set with respect to certain types of information and communications, your information may be used for various purposes, including:

• To provide the Services and any services or products that you request or purchase in connection with the Services, and to contact you regarding the administration of any features or functions of the Services;

• To send you marketing and promotional e-mails; • To respond to your questions or other requests;

• To personalize the Services and/or otherwise customize what you see when you visit and use the Services (for example, by providing personalized or localized content, features, recommendations and advertising on the Services);

• To provide customized, localized and/or targeted advertising on third party websites and services;

• To save your user account, registration and profile data and other information (so you do not have to re-enter it each time you visit or use the Services);

• To track your return visits to, and use of, the Services;

• To conduct research for marketing/promotional purposes and to provide anonymous reporting (i.e., that does not identify you) for internal and external clients, business partners and other third parties;

• To accumulate and report aggregated, de-identified, statistical information in connection with the Services and user activity;

• To determine which features and services users like best to help us operate the Services, enhance and improve our services and display advertising and marketing information;

• For other purposes disclosed at the time you provide us with the information or as otherwise stated in this Privacy Policy.

SHARING AND DISCLOSURE OF INFORMATION WE COLLECT.

Personal Information. We do not sell, rent, lease or disclose your personal information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. You can choose whether to receive marketing or promotional emails from our parent or affiliated companies or other third parties and/or to opt out of certain uses of your information either at the time such information is collected or by subsequently changing your preferences.

Non-Personal Information. We may share and disclose information about you, your device and your interaction with the Services with Third Party Advertising Service Providers in an anonymized, de-identified format. We may also share, to third parties aggregated data regarding our users’ access to and use of the Services. To the extent that your information is included in such aggregated data, it will be in an anonymized, de-identified format that does not personally identify you.

Services and Features. The Services may offer services and features, such as events and promotions provided by us and/or our affiliated companies or other third party partners, that may be hosted on the Services and/or our co-branded partner’s website, platform or service. We may share your personal information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you opt in and give your affirmative consent to both us and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes in accordance with our respective privacy policies. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt out of a co-branded partner’s future use of your personal information for marketing or other purposes, you will need to contact the co-branded partner directly and the use of such information by co-branded partner is subject to co-branded partner’s privacy policy.

User Content. Your LOLFLIX user profile (including your profile picture and your list of friends or connections on the Services) will be set to “private” by default, meaning that it will not be shared with other users of the Services, unless you adjust your privacy settings to allow such sharing. However, the Services may include features that allow you to connect on the Services with people you know, by accessing your contact list, address book or friends on Third Party Platforms (if you choose to make such information available to us), and such features may allow other users to see your name and/or username, even if your user profile is set to “private”. Such features may also allow other users to send you a request to connect with you on the Services, and, if you accept such requests, your user profile will be shared with such users, even if your user profile is set to “private”. In addition, you may have the ability to share other content that you make available on the Services (such as your playlists or videos that you have viewed) with other users of the Services and Third Party Platforms. In such cases, certain information associated with such content may also be disclosed, such as your username. Subject to your user account preferences and privacy settings we may disclose any content that you make available on the Services.

Service Providers. We use third-party service providers to assist us in efficiently providing the full range of content, activities, services, features and functions offered by the Services, and we may disclose your personal and other information to these service providers solely to the extent necessary for them to provide such services to us and our affiliates. These service providers may temporarily store certain information on their servers, but they may only use your information to provide LOLFLIX with a specific service. We will not authorize them to use your information for any other purpose and will require them to agree to keep your information secure and confidential.

Additional Disclosures. LOLFLIX may access or disclose your information regardless of whether or not you have consented to such access or disclosure in the following circumstances to protect or defend the legal rights or property of LOLFLIX, our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); to protect the safety and security of the Services and our users; protect against fraud or for risk management purposes; if we believe your actions violate the Terms of Use, this Privacy Policy, any Rules and/or Additional Terms; or to comply with law or legal process. In addition, if LOLFLIX sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, LOLFLIX may transfer your information to the party or parties involved in the transaction as part of that transaction, and such party or parties may use the information for the purposes set forth in, and in accordance with the terms of, this Privacy Policy.

USER CHOICE AND ACCESS.

User Account Privacy Settings. We provide you with the ability to adjust certain privacy, permission and user account settings via the Services. For example, you can control whether your user profile is visible to the public and/or to other users of the Services. You also may be able to adjust certain privacy, permission and user account settings by responding to request alerts or notifications that may be presented to you on your device prior to or following the collection of the relevant information or by navigating to the settings, account or privacy section of your device or the applicable Third Party Platform and limiting certain Service functionality (e.g., location services, etc.). Please be aware that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Services.

Opting Out of Marketing and Promotional Communications. You can unsubscribe or opt out of receiving marketing and promotional communications by either following the specific instructions included in such communications. Please note that opt-out and unsubscribe requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Also, please note that we may still send you emails regarding changes to our policies and/or the features and functionality of the Services or in connection with a purchase via the Services or other purposes specifically relating to your account and/or use of the Services. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for purposes of responding to you, for our internal purposes, and to help us to serve you better.

SECURITY. While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information. We also limit access to the Services by our own employees, contractors, service providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and service providers follow similar standards of security and confidentiality as those followed by LOLFLIX. However, it is possible that third parties may unlawfully intercept or access transmissions or private communications despite our efforts to prevent same and we therefore make no guarantees regarding the security of user information.

INTEGRATION OF THIRD PARTY PLATFORMS AND SERVICES. The Services may be linked to, rely on and/or be integrated with Third Party Platforms and other websites, applications, interfaces, services and/or platforms operated by other companies. The Services may also feature advertisements from third parties. LOLFLIX is not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave this Services via such a link, access a third party application, interface, service, or platform, including Third Party Platforms, or click on or navigate to an advertisement, you should check the applicable privacy policy of such third party to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

PRIVACY POLICY CHANGES. From time to time, we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, technology, our information collection and use practices or the features and functionality of the Services, and such modifications shall be effective upon posting. When we change this Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Your continued use of the Services after we post a revised Privacy Policy (and, where appropriate, notify you of same) signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We may also seek your affirmative consent to the terms of the updated Privacy Policy. For example, we may ask for your consent before implementing new uses of the personal information that we’ve already collected from you, if such new use was not addressed by the privacy policy under which such information was collected.

ACCURACY OF INFORMATION PROVIDED. It is your responsibility to give us current, complete, truthful and accurate information and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update such information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

DATA STORAGE, TRANSFER AND PROCESSING. When you have provided consent and/or to the extent permitted by applicable privacy or data protection laws, your personal information may be transferred to, stored, processed and/or used by LOLFLIX on servers in the United States and/or the locations and servers of any LOLFLIX affiliate and/or service provider that transfers, stores, processes or uses personal information on LOLFLIX’s behalf. When this involves transferring your personal information from the European Economic Area to areas outside the European Economic Area, LOLFLIX will seek to provide an adequate level of data protection according to EU standards.

This document is the sole statement of the Services’ Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, is valid.