Privacy Policy

Last Updated: January 3, 2023

Introduction

Rockbot, Inc. (“Rockbot,” “we,” or “us”), is an out-of-home service that provides streaming music, video and other content (collectively “Content”) to business venues, such as restaurants, fitness clubs, hotels, salons and spas, offices, casinos, and other business locations where Content can be viewed or heard (each physical location a “Venue”). Consumers (“users” or “you”) may interact with Content through the use of a mobile application while physically present in a Venue. For purposes of this Privacy Policy, the term “Rockbot Service” or “Service” refers to the technological platform that allows consumers to access details about, indicate preferences regarding, and otherwise interact with Content streamed to Venues. Any information you share with a business Venue is outside of the Service and unrelated to Rockbot. The information practices of business Venues are governed by their own privacy policies and are not governed by this Privacy Policy; accordingly, we recommend you review the privacy policies of these businesses. The collection and handling of any information of a Rockbot business customer is governed by the confidentiality provision of the agreement between that business customer and Rockbot.

This Privacy Policy explains what information of yours will be collected by Rockbot when you use the Rockbot Service, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. Capitalized terms that are not defined in this policy are defined in our Terms of Use. We expect that you will use Rockbot for harmless and fun social purposes. Please note, though, that by its nature, your location information is subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. Please manage your own mobile and profile privacy preferences on the Rockbot Service, on an ongoing basis, accordingly. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the Rockbot Service.

You can click on the following links to go directly to the corresponding sections of this privacy policy.

Using the Rockbot Service

To use the features of the Rockbot Service, you must consent to: (a) the use of your phone’s location to provide Rockbot to you, including the display and disclosure of that location information to your Rockbot friends; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from Rockbot usage. Data plans are required to use the mobile features of the Rockbot Service. Standard data charges, fees, and taxes from your carrier apply.

Rockbot does not store a users’ latitude or longitude information. Rockbot accesses the mobile device’s latitude and longitude data to verify that the user is within an acceptable radius of a Venue. Once verified, the Rockbot system allows the user to check in to that nearby Venue, and will display a list of other nearby Rockbot-installed Venues. A users’ latitude and longitude data are not shared through the Rockbot Service, but a user’s votes and requests are tied to the Venue in which the votes and requests were made.

Information We Collect

User-Provided Information: You provide us information about yourself, such as your name, email address, mobile phone number and carrier, etc., if you register for a Member Account with our Service. When using the Service, you may also provide certain other personal information and content, like zip code, Venue check-ins, song votes, song picks, avatar pictures, band mate associations, and list of favorite artists, which will be publicly displayed to other users and on third-party sites and services in accordance with your privacy and opt-in settings. You also have the option of linking your Member Account with a third-party music service account (e.g. Apple Music, Spotify, etc), which would then share with us your music preferences and other information associated with those accounts. To provide the mobile features of the Service, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with Rockbot. This location tracking of your mobile device occurs only when the Rockbot mobile application is actively open and running.

Location Information: To run Rockbot in a Venue, we access your personal data and the geographic location of your mobile device to verify that it is within an acceptable radius of the Venue before allowing a check in. While checked into the Venue, the Rockbot system will periodically access the device’s location information to verify that it is still within an acceptable radius of the Venue.

Cookies Information: When you visit Rockbot.com, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets Rockbot help you log in faster and enhance your navigation through the site. A cookie may also convey anonymous information about how you browse the Service to us. A cookie does not collect personal information about you. Rockbot uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, Rockbot.com, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Rockbot account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Rockbot better for our users. Rockbot currently uses Google Analytics, which uses a clear gif to gather data in particular situations. More information about Google Analytics can be found here.

Do Not Track: While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a Do Not Track signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Rockbot services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform, it just will not be tailored to your interests.

Third parties may not collect information about users’ online activities on the Platform except as described in this Privacy Policy.

How We Use Your Information

We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.

Any personal information or content that you voluntarily disclose for posting to the Service (including your location information and User Content) becomes available to the public. Rockbot is not responsible for the personally identifiable, profile, or location information that you choose to disclose publicly on the Service. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.

When you have the Rockbot Service running on your mobile phone, and choose to check into a Venue, Rockbot shows your phone’s presence near or inside of the venue to your selected Rockbot friends, but not your actual latitude or longitude data.

By providing Rockbot your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. You may not opt out of Service-related emails. If you correspond with us by email, we may retain the content of your email messages and our responses.

If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person’s email address and automatically send an email invitation. Rockbot stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at support@rockbot.com.

Rockbot reserves the right, but has no obligation, to monitor the User Content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Use Agreement, or to protect or defend our rights or property or those of any third party. Rockbot also reserves the right to remove information upon the request of any third party.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.

Use of Aggregate or De-Identified Information: In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individuals together, or otherwise “de-identify” the information about you (which means that the information does not directly or indirectly identify you). We may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the Rockbot Service, advertising (e.g., improving our targeting efforts), and promotional purposes.

How We Share Your Information

Personally Identifiable Information: Rockbot may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of Rockbot (for instance, on servers or databases co-located with hosting providers).

Rockbot does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with such a third party, you can choose not to participate in such programs or features. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, Rockbot will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Rockbot, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Rockbot services, or to comply with the terms of our music licenses.

Rockbot may allow third-party ad servers or ad networks to serve advertisements on the Rockbot site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on Rockbot. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. Rockbot does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Rockbot to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

How We Protect Your Information

Rockbot uses reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Rockbot and you do so at your own risk. Once we receive your transmission of information, Rockbot makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Rockbot, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, Rockbot will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case Rockbot may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You can review and correct the information about you that Rockbot keeps on file by contacting us directly at support@rockbot.com.

By default, others may view your activity in the Rockbot Service including check-ins at Venues, votes for and against songs playing at Rockbot venues, paid song picks, your DJ rating, and your band mates.

Additional Rights and Choices for California Residents. Certain additional rights may be available to you if you reside in California. Please visit Your California Privacy Rights to learn more about your rights and how to exercise them.

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, Rockbot does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Members. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Rockbot. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@rockbot.com.

Third-Party Payment Processors

Rockbot does not collect or have access to any credit card information. When you make a purchase through Rockbot, we use a third-party credit card processor to process your credit card purchases. To make this possible, your name, address, email, phone number and your credit card’s type, number, expiration date and CVC number and your order total (collectively referred to as your Billing Information) will be shared via secure (encrypted) means with this third-party payment processor for the sole purpose of completing your order, and if you select the option of storing your information for subsequent purchases, it will do so. Please note that your Billing Information is transmitted via secure means to our third-party credit card processor and stored by such third-party credit card processor and not Rockbot. The third-party credit card processor’s privacy policy will apply to the information you provide on the third-party credit card processor’s web site. You hereby acknowledge and agree that Rockbot is not affiliated in any way with the third-party credit card processor and that we have no responsibility or liability for the services provided by such third-party credit card processor or for the third-party credit card processor’s acts or omissions.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, in-application notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Rockbot in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at support@rockbot.com. Ordinary mail requests can be sent to:

Rockbot, Inc. 1625 Clay St #500 Oakland, CA 94612

Your California Privacy Rights

If you are a California resident, the following additional rights may be available to you.

  • Your California Privacy Rights as provided by California Civil Code Section 1798.83: A California resident who has provided personal information to a business with whom they have established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure. The business may comply with the law by notifying the customer of their right to prevent disclosure of personal information and providing a cost-free means to exercise that right.
  • The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.

Disclosures About Your Personal Information

We collect the following categories of personal information, as defined in the CCPA, from or about you and may have disclosed this information for a business purpose:

  • Identifiers, such as your name, IP address, email, and other similar identifiers;
  • Characteristics about you, such as age and gender;
  • Commercial information, such as the music selections you purchase;
  • Internet or other electronic network activity information, such as your activity on the Rockbot Services;
  • Audio, electronic, visual, or other similar information; and
  • Inferences based on the information we collect from or about you which we use to better understand your preferences and behavior, including to customize Content and advertising for you.
  • Our Privacy Policy includes additional information about our data practices. You can learn more about the categories of personal information we collect from or about you and the categories of sources from which we collect this information in the Information We Collect section, the business or commercial purposes for collecting this information in the How We Use Your Information, and the categories of third parties with whom we have shared personal information for a business purpose in the How We Share Your Information section.

Right to Know. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you as well as information about how we collect, use, disclose, and “sell” personal information.

Right to Delete. You have the right to request the deletion of personal information that we collect or maintain about you and your account. Please note that requesting deletion will require the cancellation and deletion of your account which, upon completion, cannot be undone. Please also note that this deletion does not ensure complete or comprehensive deletion of the information as there may be circumstances in which the law does not require or allow removal.

Right to Opt Out of “Sale”. Rockbot may disclose certain information about you if you are a registered user of the Rockbot Services for purposes that may be considered a “sale” under the CCPA. For example, we currently do not, but in the future may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests on the Services. This information may include identifiers such as your IP address, advertising identifiers, your email address (in a de-identified or hashed form), age and gender, your internet or other electronic network information such as your interaction with an ad, and geolocation data. We may also disclose to our content programmers information about you, which may help personalize your experience and ads you see on Rockbot as well as other platforms and services, as further described in our Privacy Policy. To opt-out of having your information included in any such “sale”, send an email to privacy@rockbot.com with “California Privacy Rights Request” in the subject line and state in the body of the email that you wish to opt out of any such sale. As a reminder, Rockbot does not currently engage in any activities that would qualify as a “sale” under the CCPA.

How to Exercise Your CCPA Rights
  • We provide these rights, subject to a verifiable consumer request, to account holders regarding personal information collected by us in connection with your account, including any profiles. To submit a request to exercise these rights, send an email to privacy@rockbot.com with “California Privacy Rights Request” in the subject line and state in the body of the email the specific right you wish to exercise (Right to Know, Right to Delete, or Right to Opt Out of Sale). Depending on the nature of your request, we may require proof of identity. We also reserve the right to charge a fee where permitted by law, especially if your request appears unfounded, excessive, or abusive. We will use reasonable efforts to respond to your request within all applicable timeframes.
  • If you are not a registered user of the Rockbot Service and do not have Rockbot account credentials, please note we have limited information about you. You will be required to verify your request, including by providing your name and the email that you believe we have collected about you. Please send an email to privacy@rockbot.com that includes the specific rights you wish to exercise. Depending on the nature of your request, we may require proof of identity.
  • If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those differences are reasonably related to your information. For example, if you exercise your right to opt out of “sale”, the ads you view may not be as tailored to your interests.