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    Privacy Policy

    Blue Élan Records, LLC (“Blue Élan”) cares about your privacy. To better protect your privacy, this notice explains our policies for the collection and use of personally identifiable information provided to us on our website at blueelan.com (the “Site”). Blue Élan will never sell, barter, or otherwise make available your personal information to anyone. We will never intentionally send you unsolicited emails. Any correspondence from Blue Élan will be because of your choice to “opt-in” to our newsletters, contests, or to complete a purchase transaction. However, please note that sites which are linked to Blue Élan’s website may have different policies; thus, please review the privacy policy notices on those sites for details.  When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. 

    REGISTRATION

    Our Site collects information from you when you register with us as part of your participation in our online newsletters, contests, or online store.  As part of a customer’s registration, we may request the following personal information: name, address, email address, telephone number, birth date, demographic information (such as country and gender), and profile data (such as your music preferences and entertainment practices). If you choose to buy any of our products, we will collect the following additional personal information in order to process your transaction: credit card number, shipping address, email, phone number and billing address.  By making a purchase on our website you consent to our providing your personal information to our service providers, including Shopify, to process your transaction(s).

    MINORS

    The Site is not intended for individuals under the age of 18.We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us to request deletion.

    NEWSLETTERS AND OTHER COMMUNICATIONS FROM US

    Our registered users and customers may request to receive newsletters or other email communications from us and we may also offer other users the opportunity to sign up to receive such information. We may also offer our users the choice of whether to receive mailings from others that we think will be of interest. Please note that in order to keep our registered users informed about the operation of our services, we may also send emails and announcements that are needed for the proper functioning and administration of our sites and services. Additionally, we have features allowing you to submit information to us (such as when contacting us with a question or feedback). We will retain your emails and other information you submit to us for our internal purposes, and to help us serve you better. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email newsletter.

    CONTESTS

    When you enter or participate in one of our contests, we will request information from you (such as your name, address, phone number, birth date and email address) and we may also request demographic or profile information. All contests that are held on this website are limited to persons above a certain age who are legally allowed to participate therein. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). Any personal information collected will be used by us and may be associated with registration information. We may sometimes partner with sponsors in offering a contest and may share your information with them. For further information about how Blue Élan handles your personal information when you enter one of our contests, please consult the applicable contest rules. Recipients of our mailings can unsubscribe by following instructions that appear at the end of the email newsletter.

    WITH WHOM YOUR INFORMATION IS SHARED

    We use the information collected from a customer to allow him/her to participate in the website activities for which the information is collected. For example, when a customer provides an email address in order to receive updates on a particular artist or type of music, that address is added to the email list for that artist or type of music. We sometimes use the information collected to communicate with customers, such as to notify customers when we make changes to our subscriber agreements, to fulfill a request by a customer for an online newsletter, or to contact the customer about his/her account with us. From time to time, we may also use this information to offer our products, programs, or services to our customers. On each email a customer receives, he/she is given the opportunity to unsubscribe. If a customer requests to be unsubscribed, his/her email address will be permanently removed from that mailing list. When we have co-branded or sponsored services, when we host a site, or when we join with other parties to provide specific services, we may share (provide and/or receive) your personal information with them. We may also share your information with others if you choose to let us do so, such as where we offer opt-in or opt-out choices. Additionally, aggregate information collected about our audience may be used to improve our services, for marketing purposes, and/or for industry reporting purposes.

    Other than as set forth in this privacy policy, we do not share your personally identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. We will also disclose information we maintain (i) when required to do so by law (for example, in response to a court order or a subpoena or other legal obligation), (ii) in response to a law enforcement agency’s request, or (iii) in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.

    Please note that we use Shopify to power our online store.  You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy.

    BEHAVIORAL ADVERTISING

    As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

    For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

    You can opt out of targeted advertising by:

    Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

    Lawful basis

    Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

    • Your consent;
    • The performance of the contract between you and the Site;
    • Compliance with our legal obligations;
    • To protect your vital interests;
    • For our legitimate interests, which do not override your fundamental rights and freedoms.

    Retention

    When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

    Automatic decision-making

    If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

    We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

    However, our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

    Services that include elements of automated decision-making include:

    • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
    • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

    Your rights –

    GDPR

    If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us.

    Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

    CCPA

    If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us.

    If you would like to designate an authorized agent to submit these requests on your behalf, please contact us.

    Cookies

    A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

    We use the following cookies to optimize your experience on our Site and to provide our services.

    Cookies Necessary for the Functioning of the Store

    Name

    Function

    _ab

    Used in connection with access to admin.

    _secure_session_id

    Used in connection with navigation through a storefront.

    cart

    Used in connection with shopping cart.

    cart_sig

    Used in connection with checkout.

    cart_ts

    Used in connection with checkout.

    checkout_token

    Used in connection with checkout.

    secret

    Used in connection with checkout.

    secure_customer_sig

    Used in connection with customer login.

    storefront_digest

    Used in connection with customer login.

    _shopify_u

    Used to facilitate updating customer account information.

    Reporting and Analytics

    Name

    Function

    _tracking_consent

    Tracking preferences.

    _landing_page

    Track landing pages

    _orig_referrer

    Track landing pages

    _s

    Shopify analytics.

    _shopify_fs

    Shopify analytics.

    _shopify_s

    Shopify analytics.

    _shopify_sa_p

    Shopify analytics relating to marketing & referrals.

    _shopify_sa_t

    Shopify analytics relating to marketing & referrals.

    _shopify_y

    Shopify analytics.

    _y

    Shopify analytics.

     

    The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

    You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

    Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

    Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

    Changes

    We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

    Contact

    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@blueelan.com or by mail using the details provided below:

    Blue Élan Records, 10880 Wilshire Blvd, Ste 2000, Los Angeles CA 90024, United States

    Last updated: April 2022