PRIVACY POLICY DATED March 11, 2013

Nuclear Blast America, Inc. (“Nuclear Blast”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Nuclear Blast Website (the “Site”). We created this Website Privacy Policy (this “Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy. By using the Site and Nuclear Blast Services you agree and consent to the collection and use of your information as described herein.

1. DEFINITIONS

Some terms used herein are defined in the last paragraph of the Privacy Policy. Please refer below for definitions.

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2. INFORMATION WE COLLECT

A. Personally Identifiable Information. We will collect and store only such personally identifiable information that you voluntarily submit to us. “Personally identifiable information” includes individually identifiable information about an individual consumer collected online by us from the individual, including any of the following: (1) a first and last name; (2) a physical address, including a street name and name of a city or town; (3) an e-mail address; (4) a telephone or fax number; (5) a social security number; or (6) any other identifier that permits the physical or online contacting of a specific individual. For example, in registering to use our web store we ask for your name, your postal address, your telephone number, your e-mail address, your age and a number of other data. We may store your personally identifiable information alongside non-personally identifiable information about you.

With your consent, your personally identifiable information may be used to send you our newsletter, product information, or other advertising material. The data you make available to us may be used in its aggregate and anonymous form for internal business purposes such as producing statistics or developing of marketing strategies. We will not use your personally identifiable information in any manner not set forth in the Privacy Policy without your prior consent.

We are entitled to disclose your personally identifiable information should we consider the disclosure necessary to be in compliance with any applicable laws, regulations, changes in the law, and/or governmental requirements.

B. Non-Personally Identifiable Information. We may collect non-personally identifiable information about you in a number of ways, including your partial IP address, anonymous traffic data that does not personally identify you, your type of computer, your type of web browser, and tracking your activities through your IP address, computer settings or most recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age. We will also collect and store certain non-personal “utilization” data such as information concerning which of our pages you most frequently visit. We may sell or transfer such non-personal data to our subsidiaries, our franchise holders and partners.

C. Google Analytics.
The Site uses Google Analytics, a web analysis service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

D. Notice Concerning Minors. We do not knowingly collect personally identifiable information from children under the age of 13. In fact, we do not offer the Nuclear Blast Services to anyone under the age of 18. If you are under 18, please do not submit personally identifiable information or use the Site or Nuclear Blast Services.

 

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3. COOKIES

When you use the Site and Nuclear Blast Services we may insert some instructions on your computer or mobile device. These instructions will be in the form of a “cookie” or similar file. Cookies are small pieces of instruction stored on your hard drive or device. Cookies may help you navigate the Site as easily as possible. We may use cookies to deliver content specific to your interests, identify your preferences, and to prevent you from having to reenter your username and password each time you access the Site. The Cookie will remain on your hard drive until you remove it. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Site may be diminished and some features may not work as they were intended.

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4. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits certain customers of the Site to request certain information regarding its disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please write to us at: orders@nuclearblastusa.com

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5. HOW WE USE YOUR INFORMATION

We typically use your information to improve the design and performance of the Site and Nuclear Blast Services. We may use your information to deliver to you, among other things, communications and marketing materials from us. Your information may also be used to contact you when necessary.

Except as otherwise set forth in this Privacy Policy, we will not provide access to your personally identifiable information to third parties for any purpose without your consent. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site or to send you additional information about Nuclear Blast.

By using the Nuclear Blast Services, you consent to us providing your personally identifiable information to third parties that assist us in the operation and delivery of our Site and Nuclear Blast Services. You also consent to us sharing your personally identifiable information with our affiliates, product suppliers, and licensors, in order to facilitate transactions and for the purpose of sending marketing materials to you. If you want to stop receiving marketing communications from us or our affiliates, product suppliers, or licensors, just click the “unsubscribe” link on any e-mail you receive. We do not share your personally identifiable information with other third parties for the purpose of sending marketing materials to you unless you expressly consent to us doing so.

Moreover, we may use your IP address in order to identify trends, to administer our Site, to monitor patterns among our users and to process demographic data which will be used in its aggregate form. Without your explicit consent we will never use your IP addresses in conjunction with your personally identifiable information.

We use anonymous information to analyze our Site traffic, but we do not examine this information for personally identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

Your information will remain subject to the terms of this Privacy Policy even if we undergo a business transition. However, we may transfer your information to a successor person or entity upon an acquisition or other corporate reorganization. You hereby consent to such transfers, and we may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy.

We will take reasonable steps to require any third parties who you authorize us to share your information with to comply with the terms of this Privacy Policy.

We may disclose your information if, among other things, we have a good faith belief that we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Use; (3) respond to legal claims; (4) respond to your requests for customer services or transaction completion; or (5) protect the rights, property or personal safety of us, the Nuclear Blast Services’ users, or the public.

If you do not want us to share or disclose your information as stated herein, please do not use the Site or Nuclear Blast Services.
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6. SECURITY AND STORAGE

We primarily store your information in the United States. Some information may be stored elsewhere. You authorize us to do so. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Although we take appropriate measures to safeguard against unauthorized disclosures of your information, we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

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7. THIRD PARTIES

The Site may contain links to other services. We are not responsible for the privacy practices or the content of such services. Third parties may display advertisements on the Site and on such services. These advertisements may contain cookies. These third parties may collect information or insert cookies without our knowledge. When you directly submit information or data to third parties, their privacy policies, not ours, will govern their use of the information and data. You should review the privacy policies and terms of service of all such third parties. We do not make any representations regarding the policies or practices of such third parties.

Third parties may also assist us in delivering the Site and Nuclear Blast Services to you, and in some cases you may submit personally identifiable information and data to such third parties directly. A number of activities accomplished through the Site are facilitated by third parties, such as payment processing. The fact that you are dealing with a third party will be disclosed to you. When you directly submit information or data to third parties, their privacy policies, not ours, will govern their use of the information and data. You should review the privacy policies and terms of service of all such third parties. We do not make any representations regarding the policies or practices of such third parties.

We may commission third party companies or individuals to perform tasks on our behalf that have a direct bearing on the purposes designated within this Privacy Policy. Such third parties include market research companies, Internet providers, and other service support enterprises (e.g. order fulfillment companies). Such third party companies may be granted access to personally identifiable information and only if such access is essential for the fulfillment of their duties. Usage of personally identifiable information for any extraneous purposes is prohibited. Such companies may have their registered headquarters outside of the State of California. Although such states do not always have comparable levels of privacy protection as California, in consideration of the privacy of your personally identifiable information we demand and require that such third parties observe and fully comply with the same standards as we adhere to ourselves.
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8. ACCESSING OR UPDATING YOUR INFORMATION

We allow you to access and change or modify your personally identifiable information as provided by you. You may do so by accessing and modifying your information through the Site and Nuclear Blast Services. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or modifications. Unfortunately, we cannot always ensure that such changes or modifications will be reflected in all iterations of your information as previously stored.

Please remember that any personally identifiable information that you disclose on public portions of the Site and/or Nuclear Blast Services may become widespread. You should exercise caution when deciding to disclose your personally identifiable information.

If you are a registered user of the Site, you can change your information at any time by logging into your account through the Site and clicking on “Profile” in the menu, or by sending us an e-mail to orders@nuclearblastusa.com If you are not a registered user but have still made personally identifiable information available to us, you may effect changes by sending us an e-mail to orders@nuclearblastusa.com You may also request at any time that we delete your personally identifiable information from our files by sending us an email to orders@nuclearblastusa.com
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9. CONTACTING US

If you have any questions about this Privacy Policy, our practices related to this Site or the Nuclear Blast Services, or if you would like to have us remove your personally identifiable information from our database, please feel free to contact us at the following:

orders@nuclearblastusa.com

Nuclear Blast America
c/o Kuznetsky Law Group, P.C.
6565 Sunset Boulevard, Suite 311
Hollywood, CA 90028

If you are a registered user of the Site, you may decline to receive further information in the future. You may also decline to have your personally identifiable information transmitted to partner companies or affiliates. You may refresh your preferences at any time by updating your personally identifiable information, or if you wish to be removed from our e-mail newsletter, by sending an email with “unsubscribe” as the subject from the address you wish to unsubscribe to mail@nuclearblastusa.com
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10. UPDATES AND CHANGES

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Privacy Policy from time to time to ensure that you continue to agree with all of its terms.
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11. INTERPRETATION

This Privacy Policy is governed by and incorporated by reference into the Terms of Use available, and should be interpreted consistent therewith.
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12. DEFINITIONS

“Including,” “Include,” “Includes,” “including,” “include,” and “includes,” herein mean “including without limitation.”

“Nuclear Blast Services” means the Site, Nuclear Blast products or services, Nuclear Blast applications for mobile, Nuclear Blast’s “Nukes!” reward program, and software provided by Nuclear Blast in connection with any of the foregoing. Unless explicitly stated otherwise, any new tools or software that alter or improve the current Nuclear Blast Services shall be included in the definition of “Nuclear Blast Services.”

“Privacy Policy” means this Privacy Policy available at Privacy Policy.

“Terms of Use” means the terms and conditions set forth in Nuclear Blast’s Terms of Use, available at Terms Of Use, including the Privacy Policy, available at Privacy Policy.
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