PRIVACY POLICY

LAST REVISED JUNE 5, 2014.

EFFECTIVE DATE JUNE 5, 2014

INTRODUCTION

Thank you for choosing ROK Mobile (“ROK Mobile”, “we”, “our”, “us”). Our Terms of Service and Privacy Policy apply to the ROK Mobile branded service (the “Service”). The Service is currently available in the United States and other territories in which ROK Mobile has commercially launched. The Service includes any version of the ROK Mobile website, application, software, data and content of any kind, including without limitation, any artwork, text, video, audio, pictures or other content (collectively, “ROK Mobile Content”) served through the software or accessed via any website or application owned or controlled by ROK Mobile. The ROK Mobile “User” or “Users” include users accessing the Service under a free trial and users accessing the Service under any subscription plan.   By tapping (aka “clicking”) ‘I Agree’ in connection with any free trial offered, by creating an account to use the Service, by subscribing to the Service, and/or by using the Service in any way, you agree to a binding contract with us and your agreement with us includes our Terms of Service and Privacy Policy (collectively, “Policies”). The ROK Mobile Terms of Service, including the Privacy Policy constitute your entire agreement with us. Read our Policies carefully. Any capitalized terms used in this Privacy Policy shall have the same meanings set forth in the Terms of Service. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. If you are under the age of 18, you must get permission from a parent or guardian in order to use the Service and your parent or guardian must agree to our Policies. You may use the Service only as long as applicable law does not prohibit your acceptance of our Policies. If you do not agree with our Policies (including this Privacy Policy) then you must stop using the Service immediately.

  • For clarity, below is a definition that should help you when reading our Privacy Policy.
  • Personal Information” means information that directly identifies you, including:
    • First and last name,
    • Home or physical address
    • Email address
    • Telephone number
    • Date of birth
    • Payment information

TERMS OF SERVICE

Our Terms of Service together with our Privacy Policy govern your use of the Service. Review our Terms of Service. We may store the information we collect to improve the manner by which we operate and offer our products and services.   Registration and Account Information You will be able to view the ROK Mobile website (the “Site”) without submitting any Personal Information. However, in order to access the majority of our Service, you need to create a ROK Mobile account. To create an account, we ask that you provide us with your full name, mobile number, email address, date of birth, and what gender you identity as. Also, we ask that you create a username and password for your ROK Mobile account. In addition to this information you give us when setting up an account, we may collect any information that you voluntarily add to your ROK Mobile profile.  Your ROK Mobile profile will be publically accessible unless otherwise indicated. You may change the privacy setting of your profile in your account management page. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

USING FACEBOOK TO SIGN UP

Registration: You may create a ROK Mobile account by using your existing Facebook login credentials. By using your social network login credentials to create a ROK Mobile account, you expressly authorize ROK Mobile to receive, and for such social network to share, certain information that is available on or through such social network account, including without limitation, information in your social network profile such as your name, date of birth, your “likes,” photos, followers, and friends’ names.

USAGE AND DATA INFORMATION

When you use the Service, we collect information used to manage the website & mobile application, track usage, and improve web services (“Data Information”). This information includes (i)  information about your subscription, such as songs you have streamed and/or downloaded; (ii) your interactions within the Service, (iii) content you post, upload, and/or contribute to the Service, such as songs and playlists you have commented on and shared your preference for and against; (iv) data which includes the URL or ROK Mobile advertisement you are coming from (you may opt-out of us receiving information about what ROK Mobile advertisement you came from), your IP address, your unique device ID, network and computer preferences, browser type, language, operating system, and what version of ROK Mobile you are accessing; (v) inquiries you make to ROK Mobile; and (vi) location information, such as your zip code.

USE THE INFORMATION WE COLLECT

Based upon the Personal Information you provide us when registering for an account, we will send you a welcome email and/or SMS text message. We will communicate with you via email or SMS text message, in accordance with your wishes. Standard message and data rates may apply with your carrier with SMS text message. Depending on your text plan, you may be charged by your carrier. If you enroll in text message, you certify that you are the account holder or you have the account holder’s permission to do so.You may opt-out of receiving text messages from us at any time by replying “STOP” to any of text from us. You may also opt-out of receiving future marketing emails from us by clicking on the “Unsubscribe” link (included at the bottom of every such email from us) and following the instructions to opt-out.   To continually improve the Service we use the information we collect to:

  • Better understand how our Service is being used and what content is popular;
  • Improve our services by providing personalized content recommendations, language and location customization, and personalized help and instructions;
  • Determine if you meet the minimum system requirements to use our products and services and provide information concerning compatibility and interoperability to you.

 

  • Track content accessed, downloads and streams for the purpose of paying royalties and license fees to third party providers, such as artists, copyright holders, content distributors and record labels;
    • to help us develop, deliver, and improve our services, special offers, promotions, content, and advertising; and/or
    • to send you important notices, such as communications regarding billing, responses to your inquiries, and changes to our Policies. Because this information is important to your interaction with ROK Mobile, you may not opt-out of receiving these transactional communications.

 

DISCLOSURE TO THIRD PARTIES

We will not sell or rent any of your Personal Information to outside parties. We may share your Personal Information and Data Information with strategic business partners in order to send communications to you about promotions, special offers, and products that may be of interest to you. We may also share aggregated Data Information with certain trusted third parties who assist us in operating our website, distributing our Service, conducting our business, or providing services to you, so long as those parties agree to keep such information confidential. Additionally, ROK Mobile may be required to provide certain Data Information, especially what songs were played by ROK Mobile users, to certain content providers and rights holders as a condition of our content licensing and royalty agreements. Any and all Data Information that is shared by ROK Mobile will not personally identify you.   Except as otherwise described in this Privacy Policy, ROK Mobile will not disclose Personal Information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process, whether or not a response is required by applicable law, (2) to enforce the ROK Mobile Terms of Service and/or any other Policies, (3) to protect the safety, security and livelihood of members of the public and Users of the service, and/or (4) to protect and defend the rights or property of ROK Mobile and its content providers (please see our Terms of Service). Notwithstanding the foregoing, ROK Mobile may disclose Personal Information to any third party with your prior consent to do so. If ROK Mobile, or substantially all of its business or assets, is acquired, or in the unlikely event that ROK Mobile goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge that such transfers may occur in any of these circumstances, and that any acquirer or successor of ROK Mobile may continue to use your Personal Information as set forth in this policy. For more information see Changes to our Privacy Policy, below.

LIMITED DISCLOSURE TO SERVICE PROVIDERS

We may share Personal Information with service providers that we engage to provide services for us for purposes such as validating information, processing payments, and delivering promotions to you. To the extent applicable, we require these service providers to comply with this Privacy Policy. We may offer co-branded offers with our partners to use our Service. We may collect your Personal Information online independently, or in conjunction with the co-branding party. Please note the privacy policy of the party collecting the information governs the initial collection of data. In addition, to host certain co-branded events, your Personal Information may be shared with the co-branded partner.

LINKS

Occasionally, at our discretion, we may include links to other websites, applications, and third party products or services. ROK Mobile makes no guarantees about the accuracy, content, or quality of the information provided by such links. These third party sites have separate and independent privacy policies. We are not responsible or liable in any way for the privacy policies, content, advertising, services, goods, and practices available on such other websites, applications, and third party products or services. The ROK Mobile Privacy Policy only governs information collected by ROK Mobile.

USE OF COOKIES & TECHNOLOGIES

A cookie is a piece of data stored on your computer, mobile phone, or other device when you visit a website. When you visit that website in the future, the stored data allows the website provider to recognize your device and previous activity. These technologies help us identify how you interact with the Service so we can customize and improve the Service for you. We do not link the information we store in cookies to any Personal Information you submit while using the Service. You must enable cookies in order to use most of the important aspects of the Service. To the extent they are included in the Service, our advertising and sponsorship partners may place cookies on your computer. They may compile information about where you (or others who are using your computer) saw their postings and which links you clicked on. Such sponsors’ use of cookies is subject to their own privacy policies, not the ROK Mobile Privacy Policy. When you download our mobile application we use mobile analytics software to allow us to better understand the functionality of our mobile application on your phone. This software may record information such as the type of device you use, operating system version, the device identifier (or “UDID”), how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. We collect your location-based information for the purpose of developing, delivering, and improving our Service for you. We also send push notification from time-to-time in order to update you about any new updates, offers, promotions, and specials in connection with the Service. If you no longer wish to allow us to track your geo-location information or send push notifications in the Mobile App you may turn this off at the device level.

CONTROL OF YOUR INFORMATION

You will have the option to access and update your information through your Account Management page  or by emailing us at support@rokmobile.com. We will respond to your request to access within 30 days. If you no longer wish to link your social network account(s) with your ROK Mobile account, you may disable this feature or limit the ways ROK Mobile interacts with your social network accounts by going to your account settings within such social network. If you no longer wish to receive any marketing emails from us, you may change your email settings or unsubscribe by clicking on the links at the bottom of any such email from us. Our Website offers publicly accessible blogs and/or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. The blog allows you to post comments to your social network account. Please be aware that you are posting using a third party application and we have no access or control over this information.

SECURITY

We take commercially reasonable precautions to safeguard your Personal Information that is stored in our database from loss, theft, misuse, unauthorized access, disclosure, alteration and deletion. However, you are responsible for the Personal Information that you submit through the Service and anything you communicate and comment on through the Service. Furthermore, your password protects your user account, so you should make sure it is unique and strong. While we take reasonable precautions, no security measures are completely secure. Therefore, we do not guarantee the security of any and all of your information at any time. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). For any additional information about the security measures we use on ROK Mobile, please contact us at rok@rokmobile.com.

PRIVACY FOR CHILDREN

ROK Mobile does not knowingly collect or solicit personal information from anyone under the age of 13. We also do not knowingly allow anyone under the age of 18 to register unless they (i) have the consent of their parent or legal guardian (“Parental Consent”) to do so and (ii) are not under the age of 13. If you are either (a) under 13 or (b) under 18 and do not have Parental Consent, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected or been provided with personal information from anyone under age 13 or have been provided with information from anyone between ages 13-18 without Parental Consent, we will delete that information immediately. If you become aware that a child has provided us information not in accordance to our policy, please contact us atrok@rokmobile.com.

INFORMATION FOR THOSE OUTSIDE OF THE UNITED STATES

The laws of the United States shall govern this Privacy Policy.

CHANGES TO OUR PRIVACY POLICY

We may revise our Privacy Policy from time to time. If we make changes to this Privacy Policy that, in our sole discretion, are material, we will notify you via the email address you have provided us or via a notification on the Service. Any additional or different terms to this Privacy Policy will be effective upon the date it is posted on the Service. By continuing to access and use the Service after any changes to our Privacy Policy, you agree to be bound by the revised Privacy Policy.

CONTACT US

  • If you have any questions about this Privacy Policy, a statement relating to privacy made by ROK Mobile and/or our privacy practices, please contact us at rok@rokmobile.com and/or at ROK Mobile Inc., 8500 Stellar Drive #3, Culver City, CA, 90232 USA.