247 RETRO, INC. PRIVACY AND DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) POLICY

LAST UPDATED: December 12, 2018

Definitions

This policy describes how 247 Retro, Inc. (“247 Retro”) collect, use and disclose Personal Information and Non-Personal Information (each as defined below). This Privacy Policy describes our practices in connection with information that we collect through our website located at www.247retro.com, other 247 Retro websites where this Privacy Policy is provided and through 247 Retro’s platform and player known as the “Service”. These are collectively referred to as the “Site”. This Privacy Policy does not address the collection, use or disclosure of information by any third parties.

Acceptance and Updates

By using the Site, you agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, you are prohibited from using the Site. We reserve the right to change this Privacy Policy without prior notice. You can find out when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

Information collected by 247 Retro

Personal Information is information that identifies an individual. In order for you to take advantage of particular opportunities provided through the Site (for example, to participate in certain forums on the Site or sign-up for the Service), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, postal address, telephone number and email address, billing information only when you voluntarily provide it to us. We may also combine Personal Information you provide to us with publicly available information, such as your organization’s name, in the event you provide us with an email address from your organization.

Non-Personal Information is aggregated information, demographic information and any other information that does not reveal an individual’s specific identity.

Environmental Variables. We may collect certain environmental variables, such as your MAC address, computer type, screen resolution, OS version and browser type and version. These environmental variables are collected by most websites and can be used to optimize your experience on the Site.

Cookies. We and service providers acting on our behalf may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the website administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. Cookies allow us to automatically remember your web browser when you use the Site. The use of cookies is an industry standard, and they are currently used on most major websites. It is possible to adjust your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, certain parts of the Site will not function properly if you set your browser to refuse all cookies.

Web Beacons. Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or service providers acting on our behalf, may place in our Web pages, in our advertisements and in our emails. Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific Site page or section, clicked on one of our advertisements, or opened or acted upon an email. They also tell us the number of times advertisements or pages are displayed. This allows us to measure the performance of our Site, our advertising and our email campaigns.

Information That You Provide. We may also collect Non-Personal Information, such as your interests, geographic location and website address, when you provide it to us. Unless combined with Personal Information, this information does not personally identify you. In addition, we may aggregate Personal Information in a manner such that the end product does not identify you or any other Site user. Such aggregate information is considered Non-Personal Information for purposes of this Privacy Policy.

IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer you are using by your Internet Service Provider (ISP), and in many cases, IP addresses are shared by multiple people. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

Use of Information Collected

Personal Information. We may use Personal Information: 1.2. to fulfill your requests, such as to create a Service account, send a requested newsletter, send online video updates or complete your purchases; 1.3. to operate the Service, to send you important information regarding the Site and issues specifically affecting the Service and your use of the Service, including changes to Site terms, conditions and policies. Because this information may be important, you may not opt out of receiving it; 1.4. to inform you of products, programs, services and promotions from us and/or our marketing partners that we believe may be of interest to you; 1.4. to permit you to share videos uploaded to the Service via the “email to a friend” link displayed in certain 247 Retro video players. If you wish to use this feature, you may be required to provide us, and we may use, your email address and your friend’s email address to facilitate sending the message. By using this functionality, you affirm that you are entitled to use and provide us with the recipient’s name and email address for this purpose. We store your email address and your friend’s email address in our system for a limited time, after which it is deleted from our system. We do not use Personal Information obtained through the “email to a friend” feature for any other purpose other than to enable the email to be sent, unless we disclose such other purpose to you at the time you provide us with the email address; 1.5. for our internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.

Non-Personal Information. Because Non-Personal Information does not personally identify you, we may use such information for any purpose, at our sole discretion, unless otherwise noted in this Privacy Policy. In addition, we reserve the right to share Non-Personal Information with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined. 2.1. Delivery of Online Advertising. We use third-party advertising companies to serve ads when you visit our Web site or use one of our applications. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this web page:(http://www.networkadvertising.org/managing/opt_out.asp). In the course of serving these advertisements, a unique cookie may be placed and/or recognized on your browser. 2.2. IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

Advertising

247 Retro, Inc. uses 3rd party advertisers and consults with BaronsMedia, LLC. regarding use of collected information. See this web page for BaronsMedia’s privacy policy: http://baronsmedia.com/privacy-policy/

Disclosure of Information

We may disclose Personal Information: 1.1. to our affiliates and any future corporate subsidiaries or affiliates, so that they may use such Personal Information for the purposes described in this policy. 247 Retro, Inc. is the party responsible for the management of the jointly-used Personal Information; 1.2. to our third party service providers who need the information to provide us with components of the Service and/or such services as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service and email delivery services; 1.3. to third parties where you have requested to use a third party service (including applications) in connection with the Service and have requested that we provide information to them; 1.4. to identify you to any person to whom you send messages regarding Site-related content through the Site; 1.5. to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings); and 1.6. as we believe appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.

Use of the Service

The Service, which is accessible through the Site, enables customers to upload, manage and publish messages and other content to third party websites. Please note that any information you disclose through content uploaded via the Service may become public information and may be available to visitors to the website where they are posted and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other sensitive information, via the Service. We are not responsible for the use of any Personal Information you disclose through your use of the Service.

Other Important Notices Regarding Our Privacy Practices

Payment Processing. We use a third party payment service (“Payment Service”) to process credit card payments for certain editions of the Service. When you provide credit card information on the Site, that information is sent directly to the Payment Service. 247 Retro, Inc. does not have access to your full credit card number and does not store such information in its own systems. You acknowledge and agree that any Personal Information that you provide in connection with such credit card payments will be transmitted directly to the Payment Service. Information transmitted to the Payment Service is encrypted using SSL software. The Payment Service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies, however, 247 Retro, Inc. is not responsible for the Payment Service’s failure to comply with such laws, rules and/or regulations.

Forums and Profiles. We may make other services available through the Site (for example, message boards, forums, chat functionality, “profile pages” and blogs) to which you are able to post information and materials (collectively referred to as the “Forums”). Please note that any information you disclose through the Forums may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, via the Forums. We are not responsible for the use of any Personal Information you disclose through the Forums.

Third Party Sites and Services. We provide links on this Site as a convenience for our users. We may also inform customers of the Service about third party services or applications that can be used in connection with the Service. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, or of other websites or services operated by third parties. Your activities, including your provision of Personal Information, with any such third parties or such third parties’ websites or services will be governed by the privacy policy of such third parties. The inclusion of a link on the Site does not imply endorsement of the linked website by us or by our affiliates. We are not responsible for the use of any Personal Information you disclose to third party sites or services.

Security. We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

Opt-Out. If you no longer wish to receive marketing-related emails from us, you may opt out by following the “unsubscribe” instructions in the latest such message you have received or by contacting us at operations@247retro.com.

Your rights. You have the following data protection rights: 6.1. You can request access, correction, updates or deletion of your personal information. 6.2. You can object to our processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. 6.3. If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information.

Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm To exercise any of these rights, please contact us according to the section “Contacting Us”. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Retention Period. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law.

Note Regarding the Use of the Site by Children: Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers. Please contact us in accordance with the “Contacting Us” section below.

Jurisdiction and Cross-Border Issues. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Statement Regarding Digital Millennium Copyright Act

If you believe that any portion of the material contained on this site, our apps, or our broadcast infringes your copyright, notify 247 Retro, Inc., which operates the 247retro.com website, of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to this site's Designated Agent:

Ron Benditt
President,
247 Retro, Inc.
3460 Tupelo Drive
Stockton, CA 95209
Email: operations@247retro.com

TO BE EFFECTIVE, THE NOTIFICATION MUST BE IN WRITING AND CONTAIN THE FOLLOWING INFORMATION:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UPON RECEIPT OF THE WRITTEN NOTIFICATION CONTAINING THE INFORMATION OUTLINED ABOVE, 247 RETRO WILL:

Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to such alleged infringer;
Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

A COUNTER NOTIFICATION WILL BE EFFECTIVE IF IN WRITING, PROVIDED TO THE DESIGNATED AGENT, AND INCLUDING SUBSTANTIALLY THE FOLLOWING:

A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which 247 Retro, Inc., a California company, may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

UPON RECEIPT OF A COUNTER NOTIFICATION CONTAINING THE INFORMATION OUTLINED ABOVE, THE COMPANY WILL:

promptly provide the complaining party with a copy of the Counter Notification;
inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our Site, network or system.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email at operations@247retro.com, or please write to the following address: 247 Retro, Inc., 3460 Tupelo Drive, Stockton, CA 95209.