Privacy Policy

Big Pink Heart Music LLC (the “Company”, “us”, “we”, or “our”) is committed to respecting your privacy and protecting your personal information. This Privacy Policy explains the types of personal information we may collect from persons who may sign up to receive text messages from us, visitors to our websites, users of mobile text messaging applications (including www.textedly.com), and web-based services (collectively, our “Sites”). This Privacy Policy also describes how we may use, collect, and share your personal information.

This Privacy Policy does not apply to third-party websites, products, or services, even if they may link to our Sites or our Sites may link to them. We recommend you review the privacy practices of those third parties before connecting accessing third party websites and sharing any personal information.

We also encourage you to review our Terms of Use, which are viewable on the page on which you requested to receive text messages, to understand how we treat your personal information as you make full use of our Sites and which contain important information that may impact our legal rights. Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Use. This Privacy Policy is subject to our Terms of Use, including but not limited to the limitation of liability, mandatory arbitration agreement, and class action waiver provisions.

1. Collection of Personal Information

For purposes of this Privacy Policy, “personal information” means any information that relates to an identified or identifiable individual. The personal information we may (but not necessarily will) collect through our Sites will be apparent by the context of the page, and may include the following types of information.

a. Personal information you provide to us

We may collect the following personal information about you that you choose to provide us when you use our Sites, including:

• Contact information. You may be asked to provide certain personal information including your legal first and last name, email address, phone number, and physical address.
• Communications information. When you communicate with us through our Sites, we may collect certain of your contact information and any personal information that you choose to provide in the content of your message.
• Payment information. If you sign up for a paid product or service from us, you may be required to provide your payment card or bank account information.

b. Information that we automatically collect

Our Sites may use cookies and other tracking technologies such as web beacons, embedded scripts, and tags (“Cookies”), which may collect information from you automatically as you use our Sites, including:

• Browser and device data, such as IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Sites you are visiting; and
• Usage data, such as browsing history, time spent on the Sites, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Site.

We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services.

2. Use of Personal Information

We may use the personal information that we may collect to provide, maintain, and improve our Sites and the products and services that we offer through them (our “Services”). These uses may include:

• Providing you with requested Services;
• Providing you with customer service and support, and to facilitate other communications that you request or that are required to render Services to you;
• Providing you with information about new Services and other opportunities that we believe may be of interest to you, whether offered by us or third-party partners, and to personalize, measure, and improve such offers;
• Performing analytics for new and existing Sites and Services;
• Maintaining and improving the quality of our Sites and Services;
• Growing our business, including performing research and development, understanding our user trends, and understanding the effectiveness of our marketing;
• Protecting ourselves, you, and others; preventing fraud; and creating and maintaining a trusted, secure, and reliable online environment;
• Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the users of our Sites or Services is among the assets transferred; and/or
• Complying with our legal obligations; respond to subpoenas, court orders, or legal process; or to establish or exercise our legal rights or defense against legal claims.

3. Sharing of Personal Information

We may share your personal information with the following categories of third parties:

a) Our affiliates. We may share personal information with our affiliates, in which case, we will require such affiliates to comply with the terms of this Privacy Policy.

b) Service providers. We share personal information with our service providers to provide services on our behalf, such as payment processing, analytics, advertising, hosting, marketing, mobile application providers, customer and technical support, and other services.

c) Third party partners. We may share personal information with third-party partners in connection with our Site and Services or as otherwise consistent with your dealings with us.

d) Third-party platform advertising. We may share your information with third-party platform providers who assist us in serving advertising regarding the Sites and Services to others who may be interested. We also partner with third parties who use Cookies to serve interest-based advertising and content on their respective third-party platforms that may be based on your preferences, location and/or interests.

e) Affiliate and business transfer. If Company is involved in a merger, acquisition or asset sale, your personal information may be shared or transferred in connection therewith.

f) Compliance and harm prevention. We may share personal information as we believe necessary (i) to comply with applicable law, rules and regulations; (ii) to enforce our contractual rights; (iii) to investigate possible wrongdoing in connection with the Site and Services; (iv) to protect and defend the rights, privacy, safety and property of Company, you or others; and (v) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

4. Your Rights and Choices

You may have rights and choices regarding our use and disclosure of your personal information. Unless instructed otherwise, you can exercise these rights and choices using the information in the Contact Us section at the end of this Privacy Policy.

a) Opting out of receiving electronic communications from us. You will not receive promotional electronic communications from us unless you have opted in to receive such communications. If you no longer wish to receive promotional email or text message communications from us, you may opt out via the unsubscribe link included in such emails or by contacting us by replying to a text message from us (in the case of text messages, reply with “STOP”). We will comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving promotional emails or texts from us, we may still send you important administrative messages that are required in order to provide you with our Services or for other reasons disclosed in this Policy.

b) Your California privacy rights. California residents have certain rights with respect to our sharing of their personal information with third parties for their own direct marketing purposes. Please contact us by replying to any text message from us in order to opt-out of any such sharing or to request more information about our sharing practices, if any. You must include your full name, email address and postal address in your request so that we can verify your California residence and respond. “Personal information” under this California law means any information that identified, described, or was able to be associated with an individual at the time of disclosure.

c) Your Nevada privacy rights. Nevada residents have the right to request to opt out of any “sale” of their personal information under Nevada SB 220. If you are a Nevada resident and would like to make such a request, please contact us via by replying to any text message from us, and provide “Nevada Privacy Rights” in the text message you send. You must include your full name, email address and postal address in your request so that we can verify your Nevada residence and respond. In the event we sell your personal information after the receipt of your request, we will make reasonable efforts to comply with such request.

5. Data Security

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We maintain appropriate technical, administrative, and physical safeguards to help protect the security of your personal information against unauthorized access, destruction, loss, alteration, disclosure or misuse. We encourage you to secure your account with a strong password and to keep your password private.

6. Children’s Privacy

The Sites are intended for a general audience and we do not knowingly collect personal information from children under age 13 through the Sites. If we become aware that we have collected personal information from children under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

If you are a parent or guardian and you are aware that a child under age 13 has provided us with personal information without parental consent, please contact us by replying to any text message from us. If we become aware that we have collected personal information from children under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

7. Links to Other Websites

Our Sites may contain links to other websites that are not operated by Company. We are not responsible for the content or privacy policy policies of websites we do not own or control, and our privacy policy does not apply to third-party websites. We strongly suggest you review the privacy policies for third-party websites to understand how your personal information is used and stored by those websites.

8. Changes to This Privacy Policy

We may change this Privacy Policy from time to time to reflect new services or changes in our data practices or relevant laws. The “effective date” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Sites. If we make any material changes to this Privacy Policy, we will take reasonable measures to notify you via email and/or a prominent notice on our Site prior to the change becoming effective, and will update the effective date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

9. Contact Us

If you have any questions about this Privacy Policy or wish to exercise one of your privacy rights, please contact us by replying to any text message from us.

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