P R I V A C Y P O L I C Y

LAST REVISED DECEMBER 6, 2016
EFFECTIVE DATE JUNE 5, 2014

 

INTRODUCTION
Thank you for choosing ROK Mobile.

This Privacy Policy sets out how we collect information about you and how we use that information.

Any capitalized terms used in this Privacy Policy shall have the same meanings as those set forth in the Terms of Service.

This Privacy Policy applies to your use of the Website, the ROK Mobile Service and the App in the United States (including access to the ROK Mobile Service or App under a free trial).

In this Privacy Policy the following words will have the following meanings unless the context otherwise requires:

“Added Value Service” means any ROK Mobile Service other than the Core Service that is made available as part of the ROK Mobile Service;

“Added Value Service Provider” means any third party that provides a Added Value Service;

“Affiliates” means ROK Mobile’s ultimate holding company and the subsidiaries of ROK Mobile’s ultimate holding company;

“App” means a self-contained program or piece of software designed to fulfill a particular purpose;

“Core Service” means the Unlimited Voice Service, Unlimited Music Service, Unlimited Text Service and Unlimited Data Service;

“Personal Information” means information that directly identifies you, including first and last name, home or physical address, email address, telephone number, date of birth and payment information.

COLLECTING INFORMATION
When you create an Account, we will require and collect certain Personal Information from you and you will be required to provide a username and password for your Account. We will use your username and password to verify your identity when you sign in to your Account.

By using your social network login credentials to create an 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.

We may also collect information that you voluntarily add to your ROK Mobile profile which will be publicly accessible unless otherwise indicated. You may change the privacy settings of your ROK Mobile profile in your Account management page.

When you use the ROK Mobile Service we collect information including (i) information about your subscription to the ROK Mobile Service , such as songs you have streamed and/or downloaded; (ii) your interactions within the ROK Mobile Service , (iii) content you post, upload, and/or contribute to the ROK Mobile Service , such as songs and playlists you have commented on and shared your preference for and against; data which includes the URL or ROK Mobile advertisement you are coming from, your IP address, your unique Device ID, network and computer preferences, browser type, language, operating system, and what version of the ROK Mobile Service you are accessing; (v) inquiries you make to ROK Mobile; and (vi) location information, such as your zip code (collectively “Data Information”).

USING INFORMATION
We use Personal Information that we collect about you to set up, manage and administer your Account, to provide the ROK Mobile Service and to communicate with you via email or SMS text message. 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. We may send you information about products, services, offers and promotions that we or our Affiliates provide that we believe may be of interest to you by SMS text message or by email. You may opt-out of receiving marketing SMS text messages from us at any time by replying “STOP” to any marketing SMS text message from us by campaign or by emailing support@rokmobile.com. 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 ROK Mobile Service we use the Data Information and Personal Information we collect to:

(i) better understand how the ROK Mobile Service is being used and what content is popular;

(ii) improve the ROK Mobile Service by providing personalized content recommendations, language and location customization, and personalized help and instructions;

(iii) determine if you meet the minimum system requirements to use our products and services and provide information concerning compatibility and interoperability to you;

(iv) 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;

(v) help us develop, deliver, and improve our services, special offers, promotions, content, and advertising; and/or

(vi) send you important notices, such as communications regarding billing, responses to your inquiries, and changes to the Terms of Service or this Privacy Policy. As 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 third parties. We may share your Personal Information and Data Information with strategic business partners in order to send communications to you about their promotions, special offers, and products that may be of interest to you.

We may share Personal Information and Data Information with any third party that we engage to provide services for us for purposes such as validating information, processing payments, and delivering promotions to you.

We may offer co-branded offers with our partners to use our ROK Mobile 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 Personal Information governs the initial collection of the Personal Information. In addition, to host certain co-branded events, your Personal Information may be shared with the co-branded partner.

We will disclose your Personal Information to Added Value Service Providers. The Added Value Service Providers will use your Personal Information:

(i) to enable them to provide Added Value Services;

(ii) to make disclosure to the extent required by applicable law (and then only to the extent required by law); and

(iii) in the case of Accidental Death Insurance and/or Final Expense Insurance only, in accordance with the Chubb Group of Insurance Companies Privacy Notice from time to time as set out at https://www2.chubb.com/us-en/terms-of-use.aspx
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 Privacy Policy.

We may also share aggregated Data Information with certain trusted third parties who assist us in operating the Website, distributing the ROK Mobile Service, conducting our business, or providing services to you, so long as those parties agree to keep such Data 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 Agreement (or any part of it); (3) to protect the safety, security or livelihood of members of the public and users of the ROK Mobile Service ; and/or (4) to protect and defend the rights or property of ROK Mobile and its Content providers.

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 websites and applications 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. This Privacy Policy only governs information collected by ROK Mobile.

USE OF COOKIES AND OTHER TECHNOLOGIES
A cookie is a piece of data stored on your Device when you visit the Website. When you visit the Website in the future, the stored data allows us to recognize your Device and previous activity.

These technologies help us identify how you interact with the ROK Mobile Service so we can customize and improve the ROK Mobile Service for you. We do not link the information we store in cookies to any Personal Information you submit while using the ROK Mobile Service.

You must enable cookies in order to use most of the important aspects of the ROK Mobile Service.

To the extent they are included in the ROK Mobile Service, our advertising and sponsorship partners (“Sponsors”) may place cookies on your Device. They may compile information about where you (or others who are using your Device) saw their postings and which links you clicked on. Such Sponsors’ use of cookies is subject to their own privacy policies, not this Privacy Policy.

When you download the App we use mobile analytics software to allow us to better understand the functionality of the App on your Device. This software may record information such as the type of Device you use, operating system version, the Device identifier, how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We do not link the information we store within the analytics software to any Personal Information you submit within the App.

We collect your location-based information for the purpose of developing, delivering, and improving the ROK Mobile 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 ROK Mobile Service. If you no longer wish to allow us to track your geo-location information or send push notifications in the 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 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 usyou may change your email settings or unsubscribe by clicking on the links at the bottom of any such email from us.

The 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.
We will retain your information for as long as your Account is active and thereafter as necessary to comply with our legal obligations, resolve disputes, and enforce the Agreement.

SECURITY
We take 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 ROK Mobile Service and anything you communicate and comment on through the ROK Mobile Service.

Furthermore, your password protects your Account, so you should make sure it is unique and strong.

While we take 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 Personal Information about yourself to us.

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 Personal Information from anyone between ages 13-18 without Parental Consent, we will delete that Personal Information immediately.

If you become aware that a child has provided us Personal Information not in accordance with this Privacy Policy, please contact us at rok@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 we consider in our sole discretion, are material, we will notify you via the email address you have provided us or via a notification on the ROK Mobile Service. Any additional or different terms to this Privacy Policy will be effective upon the date they are posted on the ROK Mobile Service. By continuing to access and use the ROK Mobile 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.