doubleTwist Privacy Policy

Your privacy is very important to us at doubleTwist Corporation and its Affiliates (“doubleTwist,” “we,” “us,” or “our”). It is also very important that you don't die of boredom while trying to understand how we protect your privacy. So for entertainment purposes, we've added these comments to the headers to each section of legalese. Happy reading.

Introduction.

(We care about your privacy; if you do, too, this might interest you.)

doubleTwist is committed to respecting Your privacy and the confidentiality of Your personal data, traffic data and communications content. This Privacy Policy is designed to assist You in understanding how doubleTwist uses and safeguards the information that You provide to doubleTwist while using the doubleTwist Services (that we define below). As such, we have established and implemented this Privacy Policy to inform visitors to the Website (that we also define below) and users of the doubleTwist Services how we use and protect the information we collect on or through the doubleTwist Services. By visiting the Website or using any of the doubleTwist Services, You consent to doubleTwist’s collection, use, storage, deletion and disclosure of information relating to You as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Website and other doubleTwist Services and not to any other website that You may be able to access from the Website which may have its own data collection and use practices and policies.

Definitions.

(See the various, everyday words we capitalize to make things "clearer".)

The following terms are used in this Privacy Policy, in both the singular and plural forms:

You: You, the user of the doubleTwist Software, Website, and/or the Subscription Service, also used in the form Your where applicable.

Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with doubleTwist Corporation. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Communications Content: any content or information that is communicated by users of doubleTwist Services as sent and received data files.

doubleTwist: means under this Privacy Policy, the doubleTwist Corporation, a company incorporated under the laws of Cayman Islands, having its registered office at 309GT, M&C Corporate Services Limited, Ugland House, South Church St, George Town, Grand Cayman, Cayman Islands.

doubleTwist media library: means the collection of media files and their associated properties as read by the doubleTwist Software, including media files and playlists retrieved by reading other media libraries and databases such as iTunes, iPhoto, Aperture or Windows Media Player.

doubleTwist Software: any software (or software updates) provided by doubleTwist for Your use, including but not limited to, our proprietary desktop software, or any mobile application or software, that allows You to manage, sync, communicate and/or exchange media and other data files or Communications Content.

doubleTwist Services: the services we provide on or through the doubleTwist Software, Website, and/or the Subscription Service.

Feedback Information: any information that is submitted to doubleTwist by filling in the feedback forms on the Website.

Passive Information: information obtained from Your computer without any effort on Your part, such as a session ID token, log information, and other technical and related information, including but not limited to, technical and use information about Your computer, system, application software, peripherals and mobile or handheld devices, source and destination addressing information, the version of the doubleTwist Software You are using, statistical information regarding Your doubleTwist media library, and statistical information regarding Your use of the doubleTwist software.

Personal Data: any information that doubleTwist possesses relating to an identified or identifiable user of doubleTwist Services, including that individual's Communications Content, Feedback Information, Passive Information, Registration Information, Subscriber Information, Traffic Data and User Profile.

Registration Information: any information provided by You when You register at the Website or install doubleTwist Software, including, but not limited to, username and password.

Subscriber Information: Information that is used to verify Your identity and to provide You Subscription Services, including, but not limited to, Your name, billing address information, credit card or other payment account information and e-mail address.

Subscription Service: means any subscription service provided by doubleTwist and/or doubleTwist's partners, including but not limited to, the doubleTwist Pro service, basic doubleTwist services, and other services which may be offered.

Traffic Data: any data processed for the purpose of the conveyance of communication or determining bandwidth usage, including, but not limited to, the duration and size of Communications Content and information relating to the recipient(s).

User Profile: any information about the user, filled in by the user on the Website or on the doubleTwist Software that is meant to be shared with other users of the Website or doubleTwist Software, that can be searched for by other doubleTwist users. This includes, but is not limited to, information made available by You that can be shown on another user's friend list on the Website, the doubleTwist Software or on third party sites. In the future, doubleTwist may provide You with the option of making Your media play list public, and should You choose to do so, such information would become part of Your User Profile.

This includes, but is not limited to, information made available by You that can be shown on another user's friend list on the Website or on third party sites. In the future, doubleTwist may provide You with the option of making your media play list public, and should you choose to do so, such information would become part of your User Profile.

Subscription Service: means any subscription service provided by doubleTwist and/or doubleTwist's partners, including but not limited to, the doubleTwist Pro service, basic doubleTwist services, and other services which may be offered.

Website: the website located at www.doubleTwist.com.

Contents

1. What is doubleTwist and what services does it offer?

doubleTwist is a company headquartered in Austin, Texas and established under the laws of Cayman Islands. Through the Website, doubleTwist offers You the doubleTwist Software and the doubleTwist Pro Service, which may be extended or changed from time to time.

2. What information does doubleTwist collect?

(Do you remember the capitalized words above?)

In order to provide the doubleTwist Software and certain doubleTwist Services, doubleTwist gathers and processes the following information.

  • Registration Information
  • User Profile
  • Feedback Information
  • Passive Information
  • E-mail addresses
  • Mobile phone number
  • Personal Data from other doubleTwist users You have added to Your friends list

In order to provide You with the Subscription Service, doubleTwist, in addition to the above mentioned information, collects and processes the following information.

  • Subscriber Information
  • Traffic Data

3. How does doubleTwist use this information and for what purpose?

(Will we spam you with stuffed polar bear gift ideas?)

Our primary purpose in collecting information is to provide You with a safe, smooth, efficient, and customized experience. We may use Personal Data to: provide services and customer support You request;, resolve disputes, collect fees or troubleshoot problems;, enforce our Terms of Service; customize, measure, and improve the functionality, features, content and layout of the doubleTwist Services; inform You about targeted marketing and promotional offers (unless You opt out); compare information for accuracy and verify Your identity; and provide other services for You as described when we collect the information.

We also use Your e-mail address to send You messages about the doubleTwist Services, Your doubleTwist Services account and other general announcements. We may also use Your Personal Data to contact You when necessary.

We keep track of Your interactions with us, including but not limited to Your activity within the doubleTwist Services. We may use Personal Data that You provide to us to send messages to You in response to requests to perform an activity on or through the doubleTwist Services.

We may also use Your Personal Data on an aggregated basis, such as determining how many of our users own a particular brand of mobile device, for our internal analytical purposes and to contact You for targeted marketing and promotional offers as mentioned above (unless You opt out).

4. To whom does doubleTwist transfer Your personal information?

(Will others be able to spam you with stuffed polar bear gift ideas?)

Except as provided below, doubleTwist shall not sell, rent, trade or otherwise transfer any Personal and/or Traffic Data or Communications Content to any third party without Your explicit permission, unless it is obliged to do so under applicable laws or by order of the appropriate authorities.

doubleTwist may share Your information with its Affiliates.

In order to provide You with doubleTwist Services or other services You have requested, doubleTwist may share Your Personal Data and Traffic Data with partner service providers and/or agents (for example: social networks You elect to link to doubleTwist and/or the third party banking organization or other providers of payment services). doubleTwist will always require these third parties to take appropriate organizational, confidentiality, security and technical measures to protect Your Personal Data and Traffic Data and to observe the relevant legislation. Further, to the extent applicable, we require these entities to comply with this Privacy Policy.

Please be informed that, notwithstanding the above, in the event that doubleTwist has a good faith belief that access, use, preservation or disclosure of Personal Data is reasonably necessary to: satisfy any applicable law, regulation, legal process or enforceable governmental request or enforce our Terms of Service, including investigation of potential violations thereof, or detect, prevent, or otherwise address fraud, security or technical issues, or protect against imminent harm to the rights, property or safety of doubleTwist, its users or the public as required or permitted by law, then doubleTwist will act according to that good faith belief, and reserves the right to share Personal Data with the appropriate parties, and cooperate with the appropriate legal entities.

Information collected on or through the Website or doubleTwist Software may be stored and processed in any country in which doubleTwist and its Affiliates maintain facilities, including outside of the European Union. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, doubleTwist reserves the right to transfer information outside of Your country. By using the doubleTwist Software or other doubleTwist Services You consent to any such transfer of information outside of Your country.

As doubleTwist continues to develop its business, doubleTwist might sell or buy subsidiaries or business units. In such transactions as well as in the event that doubleTwist or substantially all of its assets are acquired by a third party, Personal Data of doubleTwist users will be one of the transferred business assets. We reserve the right to include Your Personal Data, collected as an asset, in any such transfer to a third party. Should such an event occur, we will use reasonable means to notify You, either through email and/or a prominent notice on the Website.

Third Party Advertising

Advertisements appearing in doubleTwist Services may be delivered to You by our advertising partners. Information such as the number of times You have viewed an advertisement (but not Your name, address, or other Personal Data), is used to serve advertisements to You.

5. What are cookies and how does doubleTwist use them?

(The technical kind, not the edible kind, ok?)

Cookies are pieces of information that doubleTwist will transfer to Your computer's hard drive through Your browser to enable doubleTwist´s systems to recognize and enhance Your use of the doubleTwist Website. Cookies also enable doubleTwist to gain information about the use of its Website and to enhance the Website accordingly to the preferences of the users.

The Help option on the toolbar of most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. doubleTwist's cookies do not contain any identifying information. Please bear in mind that some personalized services may not be available if You choose to disable cookies.

Third Party Cookies

In the course of serving advertisements to the doubleTwist site, third party advertisers or their agents may place or recognize a unique cookie on Your browser.

6. How far does doubleTwist's responsibility extend?

(No, you don't have to get out of your seat to see this.)

The Website may contain links that will let You leave the Website and access another website. Linked websites are not under the control of doubleTwist and it is possible that these websites have different privacy policies. As between the Website and other websites, this Privacy Policy applies solely to Personal Data that is acquired on the Website, so doubleTwist urges You to be careful when You enter any personal information online. doubleTwist accepts no responsibility or liability for these other websites.

The doubleTwist Services may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with one another. When You post to a message board, forum or chat area, please be aware that the information You post is made publicly available on-line and You do so at Your own risk. Additionally, please note that Your User Profile may be visible to other doubleTwist Services users and through third party websites, therefore, any Personal Data You disclose through the User Profile will be visible to other parties. You should therefore not put any type of information that You do not with other users to see in Your User Profile.

7. How does doubleTwist protect Your personal information?

(Don't worry, we have all signed up for karate.)

The Personal Data that You provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to Personal Data to doubleTwist employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the doubleTwist Services. All doubleTwist personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information You transmit to us or through the use of any of the doubleTwist Services and You acknowledge and agree that You provide such information and engage in such transmissions at Your own risk. Once we receive a transmission from You, we will endeavor to maintain its security on our systems.

8. doubleTwist Policy for Young People

(We'd love to be like your buddy's eccentric Aunt Stardust and let you do anything, but there are laws preventing that.)

The doubleTwist Services, including, without limitation, the Website and doubleTwist Software, are not intended for use by children under the age of 13. If You are under the age of 13, You should not use the doubleTwist Services. We do not knowingly collect Personal Data from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

9. Can this Privacy Statement be modified?

(Sure, if someone hits the wrong button, but that's probably not what you're asking.)

doubleTwist reserves the right to modify the provisions of this Privacy Policy if deemed necessary. We will inform You of these changes by publishing the revised Privacy Policy at

www.doubletwist.com/privacy

The revised Privacy Policy shall become effective on the date that it is posted and Your continued use of the doubleTwist Software or other doubleTwist Services after such date shall constitute Your acceptance of the Privacy Policy, as amended.

10. What kind of options do I have regarding my Personal Data?

(Are you getting flamed for insulting someone's home video?)

If You would like to correct, complete or remove Your Personal Data, please contact doubleTwist at

[email protected]. Within a reasonable period of time and upon verification of Your identity, doubleTwist will fulfill Your request, as long as such compliance is consistent with applicable law.

11. What if You live in the European Union?

doubleTwist adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection.

12. How do You resolve a dispute with doubleTwist regarding Your Personal Data?

Mediation

If You are a resident of a country outside of the European Union, You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that You and doubleTwist will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Austin, Texas with a mutually agreed mediator in an attempt to resolve the dispute. Should You file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then You agree that You will not be entitled to recover attorney’s fees, even if You would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If You are a resident of the European Union, in the event that You have any dispute or claim arising out of or relating to this Privacy Policy, You may report Your claim to the European Union Data Protection Authorities located in Your jurisdiction.

13. What else should I know?

(If you're not asleep now, keep reading - there's more!)

  • User Profile

    doubleTwist stores the User Profile centrally on a server. You can access Your User Profile from the My info page in the doubleTwist Software in order to view, correct, complete or remove information.

  • Personal Data of friends

    You may be interested in inviting Your friends to join doubleTwist. In the event You wish to use doubleTwist's referral service, You will have the possibility of adding one or more e-mail addresses in a form on the doubleTwist Software. The information entered in this form, will only be used for the purposes of automatically generating an e-mail message to these potential doubleTwist users and will thereafter immediately be deleted.

  • Feedback Information

    Any and all information which is voluntarily submitted in feedback forms on the Website is reviewed and possibly used to improve the doubleTwist Software, Communications Service and Website. You acknowledge that any content, information, or ideas transmitted to doubleTwist may be used by doubleTwist at no cost, and that doubleTwist reserves the right to utilize anonymous information for marketing purposes, for instance by displaying selected comments on the Website or in other communications.

    doubleTwist may from time to time ask You to provide information on Your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any such data. doubleTwist will never use any Feedback Information that can personally identify You without Your explicit permission thereto.

  • Passive Information

    Passive Information is automatically generated. doubleTwist will use this Passive Information to provide You with better service, improve our products, provide targeted advertising, or for statistical purposes.

  • E-mail addresses

    doubleTwist respects the privacy of personal e-mail accounts and stores Your e-mail addresses just as securely as other Personal Data. doubleTwist will not send You unwanted e-mail messages or junk mail, and Your details will not be passed to third parties for their marketing purposes without Your explicit permission. However, doubleTwist will use Your e-mail to send You messages about faults and service issues. doubleTwist will also use e-mail as provided in this Privacy Policy, including to keep You up to date with news about the doubleTwist Services. If You do not want to be kept informed in this way by e-mail, please contact doubleTwist at [email protected], however, You will not be able to opt out of certain e-mails related to Your doubleTwist account, or matters related to doubleTwist software faults and service issues. Further, doubleTwist reserves the right to use e-mail to notify You of any eventual claims related to Your use of doubleTwist Services, including without limitation claims of violation of third party rights.

  • Mobile phone number

    You are not required to provide Your mobile phone number to use the doubleTwist Software, but Your mobile phone number may be needed if You want to use particular services of doubleTwist.

  • Subscriber Information

    doubleTwist asks for Subscriber Information in order to verify Your identity and to provide the doubleTwist Pro Service. We use third party banking organizations and other providers of payment services to bill You for the doubleTwist Pro Service and we will, therefore, provide this billing provider with the necessary billing data. Please note that Your billing data is sensitive information, which can be used to find out information about Your use of the doubleTwist Pro Service. Please be sure to keep this information safe and do not share it with others.

  • Traffic Data

    In order to optimize network performance, doubleTwist collects Traffic Data. doubleTwist will erase Traffic Data, or make Traffic Data anonymous, as soon as it is no longer needed for the purpose of the transmission of the communication or for measuring bandwidth quotas, unless applicable law requires otherwise.

  • Questions? Contact us.

    If You have any questions about our privacy practices or this Privacy Policy, please contact us by using the following web form Contact Us Please note, however, that the only people authorized to represent us regarding privacy and other legal matters are our Chief Executive Officer and Chief Operating Officer.

LAST REVISED: 10/05/2009

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