Privacy Policy for MyStudio.net and MyStudio® HD Recording Studios

Last Revised: January 15, 2012

COMMITMENT TO YOUR PRIVACY

Welcome to Studio One Media, Inc.'s ("Studio One") MyStudio.net ("MyStudio") website (the "Website"). Studio One is the developer, owner, and operator of MyStudio® HD Recording Studios, which are self-contained, state-of-the-art, high definition (HD) interactive audio and video recording studios designed for installation in shopping malls and other high-traffic pedestrian areas (the "MyStudio Recording Studios"). The MyStudio Recording Studios permit users ("Users") to record HD videos with a quality, ease and convenience never before available to the general public. The MyStudio Recording Studios can be used to create videos for, among other things, music, modeling, comedy, dating, job resumes, auditions and personal messages and greetings ("User Videos").

The "MyStudio Service" includes, by way of example and not limitation, the MyStudio Recording Studios, the Website, and any other distribution channels through which Studio One makes content available to the public and third parties. Users have the ability to upload User Videos to the Website and, through the MyStudio Service, Users can store and make their User Videos available to others and create a community around the sharing of User Videos, including the sending and receiving of emails, posting messages or commentary, and voting on contests (collectively, "User Commentary"). The right to upload and share User Videos on the Website and provide User Commentary (to "Submit" material) is limited to registered Users ("Members").

We understand that you value your privacy. At Studio One, we want to make your online experience satisfying and safe. This statement governs information you provide to us or we learn from your use of the MyStudio Service and states how we may collect, use, and in some instances share, this information, both presently and in the future.

INFORMATION STUDIO ONE COLLECTS AND HOW WE USE IT

INFORMATION YOU PROVIDE

In order for you to take advantage of certain functionalities of the MyStudio Service, including the Website, uploading, viewing, and sharing User Videos, sending and receiving email messages, posting messages or commentary, or participating in contests, giveaways or other promotions, we require you to register on the Website and become a Member, and provide us with certain personal information. Personal information means any information that may be used to identify an individual, including, but not limited to, your name, address, telephone number, email address or credit/debit card information.

If you choose a service or transaction that requires payment, we may also ask for information, required for billing and shipment, such as your credit/debit card, card verification value, billing address, and email address. We may combine the information you submit under your account with information from other MyStudio Services or third parties in order to provide you with a better experience and to improve the quality of the MyStudio Service. We may also use anonymous information aggregated from all Users of the MyStudio Service. This information does not personally identify you and is used to help enhance the Website and our operation of the MyStudio Service. In general, the types and amount of personal information collected for these activities will vary depending on the activity. We try to limit our requests for personal information to information we believe is minimally necessary to achieve our stated collection purposes. For example, when you register on the Website, we only request your date of birth, a user (profile) name, your email address, zip code and gender (optional), along with a password.

As a Member, you will also have the opportunity, but not the obligation, to provide additional information on yourself in order to connect with others on the Website. You can provide this information under Account Settings/My Profile Information.

PLEASE NOTE THAT YOU ARE NOT REQUIRED TO PROVIDE THE FOLLOWING INFORMATION. IT IS NOT MANDATORY. YOU SHOULD ONLY PROVIDE THIS INFORMATION IF YOU ARE COMFORTABLE WITH IT BEING AVAILABLE TO OTHER USERS OF THE WEBSITE.

The information you can choose to provide includes:

PRIVACY SETTINGS

The MyStudio Service allows Members to upload, post, and make available User Videos as well as to comment on User Videos uploaded by other Users through email, blogs, bulletin boards, etc. Please keep in mind that any information that is disclosed in a publicly accessible portion of the MyStudio Service is public.

You should exercise caution when deciding to disclose your personal information. Think before disclosing any personal information that would allow someone you don't know to contact you outside of the MyStudio Service (e.g., you may not want to use your full name, disclose where you live, or provide a telephone number while using the MyStudio Service or creating a User Video). If you provide information under your "My Profile Information" as described above and set your Privacy setting as "Public," then all of that information will be viewable by all Users of the Website.

User Videos submitted to the Website (whether they are User Videos of you performing MyStudio Karaoke Tracks (defined in the Terms of Use) or Third-Party Materials (defined in the Terms of Use) are not made publicly available until you register as a Member and change the relevant privacy setting for your User Video. You must choose to make your uploaded User Video public, either by sharing the User Video with a defined group of other Users or with all Users of the MyStudio Service. Once you make a User Video public, it is public. To make your video available for public viewing:

You may remove a User Video from public availability at any time by:

or by removing the User Video from the MyStudio Service. Please keep in mind that once you make a User Video or other content public, even if later you mark the User Video or content private or remove it from the MyStudio Service, there is no guarantee that such material will not remain public through other sources outside of Studio One's control. This is due to certain characteristics and functionalities of the Internet. Studio One may also allow access to User Videos marked as private, for example, in response to a subpoena or other legal process, or to its own employees, advisors, agents, subcontractors or other individuals authorized by Studio One.

You can control how much personal information is viewable by other Members and public Users of the Website. Members can change their profile from a publicly viewable setting to a setting that permits only a Member's friends to view their profile or to have a setting that is completely private (i.e., no one can see any of your information). To change your member profile settings at any time:

You understand and agree that while the MyStudio Service enables you to control who may access your User Videos and information, if you opt to publish your User Videos or information or otherwise distribute it to other third parties, you are making your submissions available to individuals in ways Studio One cannot and does not control. If you choose to share your User Videos or information with third parties, then Studio One is not responsible for use of your information by any such third party.

USAGE TRACKING

We track product usage data to improve the services we offer to our Users. We collect User traffic patterns throughout the Website, including information on a User's IP address. This information is collected to help improve:

In addition, we track click-through information to our Website from any reports and emails we may send to Users. This is done to gauge the effectiveness of any marketing campaigns we conduct. However, we do not correlate this information with the personal information of individual Users.

COOKIES

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain personal information although it will enable us to relate your use of the Website to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other websites. The MyStudio Service may use cookies to track user traffic patterns (as described above). In addition, the MyStudio Service uses encrypted cookies to authenticate the User on each page after the User logs onto the website. You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, then you will receive the warning message with each cookie. Some MyStudio Service features and services may not function properly if your cookies are disabled.

OUR USAGE OF PERSONAL INFORMATION

We process personal information as described above and also for such purposes as:

SPECIAL INFORMATION RELATING TO CHILDREN

The Children's Online Privacy Protection Act of 1998 ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13. The MyStudio Service is not directed at children under the age of 13, but we recognize that with proper adult supervision some parents might permit their children to use the MyStudio Service, including the MyStudio Recording Studios and the MyStudio Website. Note that a child under the age of 13 may use a MyStudio Recording Studio to create a User Video without becoming a Member of the MyStudio Service (i.e., they may receive a DVD copy of their recording and not upload their User Video to the Website) but only Members can upload and make their User Videos available on the Website, either for themselves, a limited number of individuals, or the general public. COPPA requires that we obtain the consent of parents and guardians in order for children under the age of 13 to use certain features of the MyStudio Service. A child under the age of 13 will need parental consent to view their User Video on the Website, make their User Video public, and create a Member profile.

If your child indicates when registering that they are under the age of 13, then we will require a parent or legal guardian to:

  1. Complete the registration;
  2. Review our Privacy Policy and submit a valid credit card number to verify that the child's parent or guardian knows about and authorizes our information practices related to children protected by COPPA;
  3. Verify through the use of an email confirmation and second authorization that the parent or guardian consents to the Terms of Use and this Privacy Policy; and
  4. Select the degree of interaction the child can have with the Website and the amount of information about the child that may be disclosed to third parties:
    1. Child Level 1 – View Personal Video Only. The parent or guardian consents to the child having the right only to view the child's own User Video(s) without any ability to share the User Video(s) with other users of the Website, comment on other User Videos or send email messages to other Users, or create a Member profile. The child may, however, still view others Users' Videos because of the Website's public accessibility, subject to limitations on "mature" content;
    2. Child Level 2 – Limited and Public Display of User Videos Only. The parent or guardian consents to the child having the right to share his or her User Video with selected individuals or all Users of the Website (i.e., making it "public"), but without the ability to comment on other User Videos, send email messages to other Users or create a Member profile; or
    3. Child Level 3 – Full Access, Sharing and User Interactivity. The parent or guardian consents to the child having full use privileges to the Website, including the right to view the child's own User Video, share the User Video with selected individuals or all Users of the Website, comment on other User Videos and send email messages to other Users, and create a Member profile.

Please see the section above titled "Information You Provide" on the information a child authorized under Child Level 3 would be permitted to disclose to other Users of the Website. Once parental notice and consent has been verified and a Child Level authorization is selected as described above, we will allow a child to use the MyStudio Service in accordance with the authorized parent or guardian settings. Other than an administrative notation of age and the child's email address, retained for administrative and Website access purposes, we do not collect or retain personal information from children under the age of 13 in connection with Child Level 1 and Child Level 2 accounts. WHERE A PARENT OR GUARDIAN AUTHORIZES SELECTING CHILD LEVEL 3, PERSONAL INFORMATION ABOUT THE CHILD WILL BE TREATED LIKE ANY OTHER MYSTUDIO SERVICE MEMBER. PARENTS WHO SELECT CHILD LEVEL 3 ACKNOWLEDGE THAT THEIR CHILD'S PERSONAL INFORMATION WILL BE AVAILABLE TO THIRD PARTY USERS OF THE WEBSITE AND THIRD PARTIES WITH WHICH STUDIO ONE EXCHANGES, SELLS OR OTHERWISE SHARES PERSONAL INFORMATION DEPENDING UPON THE INFORMATION THE CHILD CHOOSES TO SHARE AND MAKE AVAILABLE). In most instances, such as profile creation, submission of information is optional and we encourage Members to make responsible choices.

Without verified parental notice and consent, we will not knowingly collect personal information from children under 13. If we should learn or be informed that we have inadvertently collected information from a child under 13 without parental or guardian consent, then we will promptly delete such information.

HOW PARENTS CAN ACCESS THEIR CHILDREN'S PERSONAL INFORMATION

In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under 13 years of age. A parent or guardian may also change a child's authorization level for use of the Website (i.e., Child Level 1, Child Level 2 or Child Level 3) at any time. You may do so as follows:

  1. If you know the user name and password of your child and wish to terminate their account, which means that they will lose access to any portion of the Website that requires a log in (including their uploaded User Videos), then please do the following:
    • Sign into your child's account in the "Sign In" section of the homepage
    • Go to "My Account" page
    • Go to "Account Settings"
    • Click on "Close Account"
    • When asked: "Are you sure you want to close your account?" click Yes.
    You may also email us at Accounts@MyStudio.net or contact us by letter or phone using the contact information provided at the bottom of this Privacy Policy to request that your child's Member account be terminated.


  2. If you wish to make any information provided by your child private, including any information available under your child's "My Profile Information," you can make this information private by:
    • Signing into your child's account in the Member Sign In section of the homepage
    • Go to "My Account" page
    • Go to "Account Settings"
    • Go to "Edit My Profile"
    • Go to "Privacy" option and check "Private",
    You may also email us at Accounts@MyStudio.net or contact us by letter or phone using the contact information provided at the bottom of this Privacy Policy, and request that we make any information for your child's account private.

USER ACCESS

We make a good faith effort to provide you with access to your personal information to correct data that may be inaccurate or delete data at your request. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical, or where information is required to be retained by law or for legitimate business purposes.

STUDIO ONE TRANSFER AND INFORMATION SHARING POLICY

When you make your User Videos public or post personal information to the Website, the information you choose to make publicly available is viewable by other Members and Users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. For this reason, we caution you against disclosing information that would allow a person you do not know to contact you directly outside of the MyStudio Service.

We will not share personal information collected on this Website with third parties for their direct marketing purposes without your consent. We may also occasionally share aggregate information with third parties. Aggregate information does not personally identify you or otherwise allow anyone to identify you individually. We may provide personal information to or permit access to personal information by our vendors and service providers for the purpose of processing personal information on our behalf or where such access is incidental to their assisting us. We may share personal information about Users if doing so is appropriate to carry out a User's request or we reasonably believe that doing so is legally required or is in Studio One's interest to protect its property or other legal rights or the rights or property of others.

SALE, MERGER, OR REORGANIZATION OF STUDIO ONE

If Studio One should ever have its assets sold to or merged with another entity or file for bankruptcy, information Studio One receives from you is a Studio One asset and may be transferred.

PROMOTIONS AND PROGRAMS

From time to time you may be given the opportunity to participate in contests, giveaways, or other promotions and programs offered by Studio One, either alone or with promotional partners. Participation in these contests, promotions or programs may require you to submit information about you, including personal information. Our use and sharing of your information, including personal information, collected through a contest, promotion or program will be governed by the official rules or agreement governing that contest, promotion or program, as well as by this Privacy Policy. The terms of those rules or that agreement will control over any conflicting provisions of this Privacy Policy.

AFFILIATED WEBSITES, OTHER WEBSITES, AND ADVERTISEMENTS

This Privacy Policy applies to websites and services that are owned and operated by Studio One. We do not exercise control over the websites of third parties that you may link to or view as part of a frame on a page on this Website. These other sites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

INTERNATIONAL VISITORS AND CUSTOMERS

This website is hosted in the United States. If you are visiting from the European Union ("EU") or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the U.S. which does not have the same data protection laws as the EU or other regions and by providing your personal data you consent to:

SECURITY

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If Studio One learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Website or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this Website. Studio One may post a notice on our Website if a security breach occurs. MyStudio may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at Privacy@MyStudio.com.

MONITORING USERS

Studio One reserves the right to monitor Users of MyStudio Recording Studios through the use of security cameras located inside and outside of the MyStudio Recording Studios. Security cameras are provided for the safety of Users, our employees, and the MyStudio Recording Studios. Studio One makes no representations or warranties that the security cameras will be monitored on a 24 x 7 x 365 basis. You acknowledge and agree that, by using a MyStudio Recording Studio, you consent to any monitoring that Studio One may conduct and that such monitoring video footage may be provided to any law enforcement authorities in Studio One's sole discretion.

CHANGES AND UPDATES

We may occasionally update this Privacy Policy. When we do, we will also revise the "effective date" on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this Website constitutes your agreement to this Privacy Policy and any updates.

CONTACTING MYSTUDIO

If you have any questions, comments, or concerns about the MyStudio Service or this Privacy Policy, then please contact us using one of the methods below:

Via email:   Privacy@MyStudio.net
Phone:         (480) 556-9303
Mail:            7650 E. Evans Road, Suite C
                      Scottsdale, AZ 85260