5. Tracking and Advertising Partners

6. Data Subject Access Request

Effective date: May 25th, 2018

1. What you should know

Your Privacy is our priority. Metablocks believes in contributing to build a more transparent and trustworthy web experience for a better and more personalised internet moving ahead.

Metablocks collects data about online activities in the Metablocks Suite or in any of Metablocks's assets for two main purposes:

To provide statistics and insights to our clients.
To allow our clients to use Tracking and Advertising Partners to track the performance of their campaigns and promotions and in some cases provide advertising about products and services tailored to individual consumers’ interests.

If you would like to opt-out from any Metablocks tracking, you can do so by exercising your choice in the Opt-Out section below.

Frequently Asked Questions

These questions are designed to provide information on Metablocks's practices around data collection. Please review our full Privacy Policy and Terms of Service below for more details.

Q: What kinds of data does Metablocks collect?

We may collect the following personal information from you:

Contact information such as name, email address, and phone number
Billing information such as credit card number and billing address
Demographic information such as age, gender, interests, country and zip code
Unique identifiers such as user name and password
Preference and other information such as product wish lists, order history, marketing preferences and cell phone carrier
Location information such as your actual or approximate location

We or one of our trusted partners may use this information to:

Send you requested updates and newsletters about an artist, type of music or related special offers
Send you requested product or service information
Send a one-time email or e-card to your friends upon your request when you provide their email address
Fulfill your order
Send you an order confirmation
Respond to customer service requests, questions and concerns
Administer your account
Send you marketing communications
Administer promotions and sweepstakes you enter and notify you of the results
Improve our marketing efforts
Conduct research and analysis
Display content based upon your location and/or interests
To provide location services such as “tagging” and “check-in”

To help protect you and others, we monitor use of our sites and platforms, and we use the information we collect, including personal information, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of our sites and platforms; ensure compliance with the applicable terms of service and this privacy policy; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of Metablocks, its partners, and customers. Monitoring may result in the collection, recording, and analysis of online activity or communications through our sites and platforms. If you do not consent to these conditions, you must discontinue your use of our sites and platforms.

We also automatically collect information about your computer as you browse our Site(s). Please see the Tracking Technologies section of this Privacy Policy. We will retain your information for as long as your account is active and as needed to provide you services. We will use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Q: Who does Metablocks share my information with?

We will share your personal information with third parties in the ways that are described in this Privacy Policy. We may provide your personal information to companies that help us with our business activities (e.g. processing credit card transactions, shipping your order, assisting us in hosting and website operations, data or video storage and processing, providing customer service, delivering email newsletters, etc.) or that assist us in improving our products, content, services or advertising. These companies are authorized to use your personal information only as necessary to provide these services.

We may also share your personal information:

We process and synchronise User Data to third-party partners, consistent with this Privacy Policy, for ad delivery and reporting purposes, for detection, prevention and addressing fraud or technical issues.
We share User Data and/or Account Information with third parties if we have a good faith belief that disclosure is reasonably necessary to (a) satisfy applicable law, regulation, or legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence, for national security and/or law enforcement purposes, (c) enforce the applicable Terms of Service, including investigation of potential violations thereof, (d) detect, prevent or otherwise address fraud or technical issues or (e) protect against harm to the rights, property or safety of Metablocks, Customer End Users or the public as required or permitted by law.
We share User Data and/or Account Information with our affiliates, in which case we will require them to honor this Privacy Policy. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, we expect that any User Data and/or Account Information that we have will be among the assets transferred.
We share User Data and/or Account Information with third parties to help us operate our business, such as with vendors and contractors that assist us in storing our infrastructure, sending email, marketing and customer service.
In addition, we may aggregate User Data with the information of others and share that aggregated information with third parties without restriction.
We share User Data and/or Account Information with Metablocks affiliates and representatives of our current artist or business clients
We share User Data and/or Account Information with affiliated Metablocks companies (i.e. any company in which Metablocks, Inc. or Metablocks Holdings, Inc. owns, directly or indirectly, 50% or more of its outstanding shares and any company with the name "Metablocks" as part of its trade name)
We share User Data and/or Account Information with other third party in cases where we have your prior consent to do so

Q: Can I opt-out of interest based advertising facilitated by Metablocks?

You can easily opt-out of interest based advertising facilitated by Metablocks at any time. Please refer to the Opt-Out section below for more details.

Q: To what geographic locations will my data be transferred?

The data you provide to us may be transferred on a global basis. We will transfer this data to countries (including the United States pursuant to the EU-U.S. Privacy Shield Framework) where data protection laws may differ from those in the originating country. Please see our Privacy Policy below for more information.

Q: What types of data will Metablocks not accept?

Metablocks may, at our sole discretion, decline to receive your data. We prohibit you from sending us any data that has been collected from websites directed towards children under the age of 13 or, if they are EU citizens, under the age of 16. We also will not accept any data that is sensitive, as defined under data protection laws or self-regulatory codes, pornographic or indecent.

2. Opt-out

We believe that delivering targeted and relevant advertising enhances your Internet experience. We collect non-personally identifiable information from the various Metablocks sites and platforms and transfer that information to our Customers and Tracking and Advertising Partners, so they can deliver targeted advertising and personalised content on websites you may visit.

You can opt-out of interest based advertising facilitated by Metablocks at any time. You may choose to stop receiving newsletters, updates or marketing emails by following the unsubscribe instructions included in these emails. Some sites and platforms also allow you to change your email preferences within your online profile.

If you choose to join a mobile marketing list, please be aware that there are usually costs associated with receiving SMS (text) or MMS (multimedia) messages depending on your wireless carrier and plan. You should check with your mobile carrier to determine what charges apply before signing up to receive our updates via your mobile phone. If you would like to stop receiving messages from us on your mobile phone, please reply to the message with “STOP.” You may also contact your wireless carrier for additional information on receiving or stopping mobile messages.

3. Privacy policy

Metablocks ("Metablocks", "Metablocks.com", "we", "us", or "our") provides sites, marketing and digital platforms and a suite of technologies that allow a Customer End User(defined below) to participate in digital campaigns such as sweepstakes, contests, presave or preorder campaigns, user generated content activations or other online promotions created for the purpose of promoting a Customer's (defined below) music, services or products. These online campaigns, promotions, applications and activations are hosted on a number of site owned, managed or operated by Metablocks ("Metablocks Sites and Platforms"). We also allow a Customer (defined below) to create such campaigns ("Landing Page", "Microsites", "Campaigns","Promotions") or digital Assets ("Asset", "Metablocks Asset", "Page" or "Widget") to promote the Customer's content, product or services on several digital platforms and allow the Customer to collect information from the Customer End User as a result of the Customer End User’s visit or interaction with the Site, Campaign, Asset or Promotion.

Metablocks also provides Customers (defined below) with sites and platforms where Customers can obtain data to customise their websites, strategies and/or applications to provide Customer End Users (defined below) with more relevant advertising. We provide this privacy policy to let Customer End Users, Platform Users (defined below) and Visitors to various online properties including metablocks.com, tweematic.com, 2playlist.com and other microsites ("Sites and Platforms") know what information is collected via these Sites and Platforms, any Assets and how we use, manage, share and protect that information (“Privacy Policy”).

Metablocks shall be the data processor of the data entered in connection with registering as a Customer and in terms of data collected during such Customer’s use of our Sites and Platorms and the Assets. Furthermore, Metablocks shall be the data processor of information disclosed to other services.

Scope

This Privacy Policy applies to information collected via the Sites and Platorms and the Assets about Users and Customer End-Users (defined below).

"Customers" means any business or individual that uses our Sites and Platforms to promote their music, services, or products and that collects User Data (defined below) as a data controller (collectively, “Customer Channels”).

"Users" means individuals who have been granted an account or access to Metablocks Sites and Platforms and are therefore allowed to produce Assets or manage any aspect of that site or platform.

"Customer End Users" means individuals who visit and/or interact with the Metablocks Sites and Platforms from a Customer Channel.

The Information We Receive and How We Use It

1. Metablocks Sites, Platforms and Assets

Except where otherwise noted in this Privacy Policy, Metablocks Sites, Platforms and Assets collect information that does not directly identify an individual and is instead designed to identify the device used by the Customer End User to interact with the Asset (“User Data”). When Customer End Users access an Asset, Metablocks collects User Data via Cookies and Pixels. “Cookies” are small text files that contain a string of characters and uniquely identify a browser. “Pixels” are small strings of code that provide a method for delivering a graphic image on a webpage or other document. Pixels allow the operator of a webpage or other document, or a third party who serves the Pixel, to set, read and modify Cookies on, and to transfer other data to, the browser used to view the webpage or other document. Cookies and Pixels allow the Metablocks Assets to collect User Data.

User Data may consist of the following:

Internet Protocol address, browser type, browser language, type of operating system, referrer (the website through which the visitor clicked on the Asset link), the date and time the Customer End User visited or interacted with the Site, Platform or Asset and behavior events on any of our Sites, Platforms or Assets;
Information regarding the specific content the visitor has interacted with on the Asset including but not limited to: Artist Name, Album, Track and Genre;
Information regarding the behavior when leaving the Site, Platform or Asset such as a setting or preference; and
Geo-location data derived from a Customer End User’s Internet Protocol address or through a third-party API (application programming interface).

We process the User Data and send it to the Customer who might use it for ad delivery and reporting purposes such as, but not limited to, determining the popularity of a music service in a specific country or what channel the fans of a specific artist or release are mostly active on.

We also use User Data to customise the Assets to the Customer End User’s usage patterns. For example, when a Customer End User selects a specific music service to stream a track, Metablocks might automatically select the same service upon Customer End User's next visit or interaction with an Asset.

When a Customer End User visits or interacts with a Site, Platform or Asset, we collect User Data via Cookies and Pixels. Some Metablocks Sites, Platforms and Assets also incorporate Cookies and Pixels from our third party partners to enable the synchronisation of internal unique identifiers between Metablocks and our third party partners to facilitate online behavioural advertising. For a list of those third party partners, please click here. Please also see the "Opting-Out" section for more information.

Following is a description of the types of Cookies used by Metablocks Assets:

Functional cookies - When a Customer End User visits a Metablocks Site, Platorm or Asset, Metablocks places a Functional cookie on the Customer End User’s device that helps Metablocks provide insights to the Customer on Customer End Users’ activities on a Metablocks Asset, including how the Customer End User’s device has interacted with the Asset. Functional cookies are instrumental to the functionality of the service and expire after 20 minutes.
Performance cookies - When a Customer End User visits a Site, Platform or Asset, Metablocks may also place a Performance cookie on the Customer End User’s device. Performance cookies differ from Functional cookies as they can exist on the Customer End User’s device for an extended period of time until expired or until they are deleted. These cookies are used to store and remember a Customer End User’s preferences and settings.
Third-Party Advertising cookies - When Customer End User visits a Site, Platform or Asset, Metablocks also sometimes places Third-Party Advertising cookies on the Customer End User’s device that helps the Customer deliver or enable the delivery of advertising that is customised to the Customer End User’s interests and to keep track of how many ads Customer End Users have seen. For a comprehensive list of our third-party partners, visit Tracking and Advertising Partners.

The supply of User Data is not a contractual requirement for a Customer End User to access or interact with the Assets.

2. Metablocks Sites and Platforms Management and Administrative Access

In some cases, Metablocks collects information on its Sites and Platorms that directly identifies an individual in order to register and administer a Customer's account on the Site or Platform and provide Customer with access to the Site or Platform, to send communications and administrative emails, to respond to inquiries and provide support and to send marketing and product update messages. This information includes name, nationality, location derived from the IP address and email address (“Account Information”). The supply of Account Information for the purpose of creating or using an administrative account on our Sites and Platforms can be a contractual requirement to obtain access to use or manage a Metablocks Site or Platform.

We also collect certain information automatically from visitors to our Site (“Visitors”) such as geolocation derived from IP address, browser type, device type, network and interaction events with the Site such as open/close/submit a contact form. This Site may use Functional cookies and Performance cookies to improve the quality of our Site, to keep track of pages visited on the Site and to personalise the Site and tailor content to the Visitor’s interests. If Visitors to the Site elect to block Cookies, Visitors may not be able to access certain personalised sections of our Site. Metablocks does not respond to Do Not Track (DNT) signals from browsers.

3. Third Party Platforms

If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials from third parties like Spotify, Apple, Facebook, Twitter, Instagram, Google, Last.fm, and Pandora) and/or integrate your account with your Third Party Platform account, we may collect certain information about you from the Third Party Platform, such as your username, email address, music preferences and other information you provided to the Third Party Platform in connection with your account (name, country, date of birth, friend connections, user posts, profile picture, RSVPs, Artist and event page visits, credit card, location, playlists or library contents, Device ID, gender and e-mail address). We use this information to further enhance your user profile or grant you access to Metablocks Site, Platform or Asset. In some cases we use this information to perform a specific activity you are allow us to do, for example following an Artist on Spotify or adding a song to a playlist. If you do not connect your account to a Third Party Platform, or otherwise disconnect your account from such Third Party Platform, that may limit our collection of certain Information about you, which may limit your ability to use certain features of the Services. You can also revoke permission you might have granted our Site or Platform at any time. Contact each Third Party Platform directly to find out how to revoke permission for our Sites or Platforms.

Opting-Out

If a Customer End User prefers that we and our third party partners do not collect information via Cookies and Pixels for the purposes outlined in this Privacy Policy, the Customer End User may opt-out of data collection by referring to the Opt Out Section. Upon opting out, we will place an opt-out Cookie on the Customer End User’s device. The opt-out Cookie tells any Metablocks Asset and our third party partners not to collect User Data from that device. Customer End Users may be able to change browser settings to cause the browser to refuse Third-Party Advertising cookies or to indicate when a Third-Party Advertising cookie is being sent. Check the browser's "Help" files to learn more about how the browser handles Cookies.

Recipients of Metablocks marketing emails directly from Metablocks can opt out of receiving them by clicking the "Unsubscribe" link included at the bottom of emails we send. Please note that upon unsubscribing or opting out, we may still send Site or Platform related communications that are not marketing related.

Information Sharing

We share User Data and/or Account Information as follows:

We process and synchronise User Data to third-party partners, consistent with this Privacy Policy, for ad delivery and reporting purposes, for detection, prevention and addressing fraud or technical issues.
We share User Data and/or Account Information with third parties if we have a good faith belief that disclosure is reasonably necessary to (a) satisfy applicable law, regulation, or legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence, for national security and/or law enforcement purposes, (c) enforce the applicable Terms of Service, including investigation of potential violations thereof, (d) detect, prevent or otherwise address fraud or technical issues or (e) protect against harm to the rights, property or safety of Metablocks, Customer End Users or the public as required or permitted by law.
We share User Data and/or Account Information with our affiliates, in which case we will require them to honor this Privacy Policy. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, we expect that any User Data and/or Account Information that we have will be among the assets transferred.
We share User Data and/or Account Information with third parties to help us operate our business, such as with vendors and contractors that assist us in storing our infrastructure, sending email, marketing and customer service.
In addition, we may aggregate User Data with the information of others and share that aggregated information with third parties without restriction.
We share User Data and/or Account Information with Metablocks affiliates and representatives of our current artist or business clients
We share User Data and/or Account Information with affiliated Metablocks companies (i.e. any company in which Metablocks, Inc. or Metablocks Holdings, Inc. owns, directly or indirectly, 50% or more of its outstanding shares and any company with the name "Metablocks" as part of its trade name)
We share User Data and/or Account Information with other third party in cases where we have your prior consent to do so

Security, Retention and Data Integrity

We use physical, technical, and administrative safeguards that are designed to protect User Data and Account Information from loss, misuse and unauthorised access, disclosure, alteration and destruction. However, the Internet is an open system and we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your Account Information for improper purposes.

In the event that Metablocks determines that Account Information/User Data stored by Metablocks is acquired, or is reasonably believed to have been acquired, by an unauthorised person/company and applicable law requires notification, Metablocks will react without undue hesitation and contact relevant authorities.

Metablocks retains User Data related to the performance, operation and visit or interaction with Metablocks Assets indefinitely for security and operations management, statistical analyses, service improvement and research and development.

Access

Upon written request to Metablocks via privacy@tweematic.com, Metablocks shall inform a registrant of the purpose of the processing of User Data/Account Information; who receives the User Data/Account Information and from where the User Data/Account Information originates.

If a registrant discovers that the User Data/Account Information which Metablocks as the data processor processes is incorrect or misleading, Metablocks shall make the correction hereof on request. Please contact us at privacy@tweematic.com with any other requests to access or delete User Data/Account Information. We process requests within a reasonable period of time after receipt. Please note that some requests may require you to verify your identity.

Children

We do not knowingly collect or maintain Account Information from individuals who are under 13 years of age or, if they are EU citizens, under the age of 16. No part of our Site or Assets are designed to attract people under the age of 13/16. If we obtain knowledge that an individual is under the age of 13/16, we will take steps to remove that individual's Account Information from our databases. Please contact us at privacy@tweematic.com if you're the parent of a child under the age of 13/16 and have obtained knowledge that your child's Account Information may have been stored or processed by Metablocks.

Links to Other Sites

Our Sites, Platforms, or Assets may contain links to, and allow Visitors to share content on, third party websites and services. By providing such links to third party websites or services or allowing sharing of content, we are not endorsing, authorising or representing that we are affiliated with that third party, nor are we endorsing the third party’s privacy or information security policies or practices. We encourage reading the privacy policies of these third party websites and services to understand how such third parties collect, use and share information.

Cross Border Transfer

Metablocks's Customers are often global corporations with operations in multiple countries across the globe. Please note that personal information may be transferred, accessed and stored globally as necessary in accordance with this Privacy Policy.

Metablocks complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention when a customer and Metablocks have agreed by contract that transfers of personal information from the European Economic Area (“EEA”) will be transferred and processed pursuant to the Privacy Shield for the relevant services. When conducting those activities on behalf of its EEA customers, Metablocks holds and/or processes personal information provided by the EEA customer at the direction of the customer. Metablocks will then be responsible for ensuring that third parties acting as an agent on their behalf do the same. Metablocks will also be responsible for ensuring that any third party receiving data from Metablocks adheres to the EU-U.S. Privacy Shield Framework principles in regards to personal data.

Metablocks adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Metablocks is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Dispute Resolution

If you have any complaints regarding our compliance with this Privacy Policy, you should first contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy.

Enforcement, Questions and Complaints

For inquiries or complaints regarding this Privacy Policy or our use of Account Information, please contact Metablocks by emailing us at privacy@tweematic.com or writing to us, quoting your full name and address:

ATTN: User Privacy, Metablocks, Inc., 725 Coolsprings Blvd. 6th Floor, Franlin, TN 37067, USA

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. In the event we make material changes that reduces your rights or Metablocks obligations under this Privacy Policy, we will post a prominent notice in this section of this Privacy Policy notifying users when it is updated.

4. Terms of Service

The following terms of use together with Metablocks's Privacy Policy (collectively "Terms") describe the practices of Metablocks referred to as "Metablocks", "Metablocks.com", "Tweematic", "Tweematic.com", "2Playlist", "2Playlist.com", we", "us", "our". These Terms govern your use our Sites and Platforms (collectively "Websites").

These Terms set forth the legally binding terms and conditions for your use of the Websites. Please read the Terms carefully before using the Websites.

The Websites may use Pixels and Cookies. To learn more about Metablocks's use of Pixel and Cookies and to opt-out from tracking, visit our Privacy Policy and Opt-Out section.

1. Acceptance

You represent and warrant that you are at least 13 years of age. If you are an EU citizen, you represent and warrant that you are at least 16 years of age. If you are under age 13/16, you may not, under any circumstances, use the Websites. Metablocks may, in its sole discretion, refuse to offer the Websites to any person or entity and change its eligibility criteria at any time.

2. Eligibility

3. License

Unless otherwise stated, Metablocks or its licensors owns the intellectual property rights to the Websites and their content. Subject to the license below, all these intellectual property rights are reserved.

Metablocks reserves the right to edit or remove any material submitted to the Websites, stored on Metablocks's servers or hosted or published on the Websites.

You may view, download for caching purposes only and print pages from the Websites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

Modify, copy or create derivative works based on the Websites (including reproduction on another website);
Disassemble, reverse engineer or decompile the Websites or part thereof, or access it in order to copy any ideas, features, content, functions or graphics;
Interfere with or disrupt the integrity or performance of the Websites;
Attempt to gain unauthorized access to the Websites or its related software, systems, platforms or networks;
Reproduce, duplicate, copy or otherwise exploit material on the Websites for commercial purposes.

4. Acceptable use

You may not use the Websites in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites, or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not use the Websites to link directly to .exe files. Linking directly to .exe files is considered spam and it's prohibited by these Terms. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Websites without Metablocks's express written consent.

You may not use the Websites to transmit or send unsolicited commercial communications.

You may not distribute, rent, lease, sublicense or provide the Websites to any third party or use it in a service bureau, outsourcing environment or for the processing of third party data.

You may not send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortuous material, or send or store material in violation of any third party’s privacy and/or copyright rights via the Websites.

5. Restricted access

Access to certain areas of the Websites is restricted. Metablocks reserves the right to restrict access to areas of the Websites, or indeed all Websites, at Metablocks's discretion.

If Metablocks provides you with a user ID and password to enable you to access restricted areas of the Websites or other content or services, you must ensure that the user ID and password are kept confidential.

Metablocks may disable your user ID and password at Metablocks's sole discretion without notice or explanation.

6. Warranty disclaimer

The Websites and their content are provided "as is" without any representations or warranties, express or implied. Metablocks makes no representations or warranties in relation to the Websites and their content or any of the information provided on the Websites.

In particular, Metablocks does not warrant that use of the Websites will be uninterrupted or error free or that the Websites will be constantly available or available at all. To the fullest extent permitted by law, Metablocks disclaims all warranties either express or implied.

Nothing in the Websites’ disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

The use of the Websites and their content or any of the information provided on the Websites is at your own risk. Metablocks shall under no circumstances be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of the Websites and their content, including, without limitation, any fault, error, omission, interruption, delay, virus infection, loss of data, loss of earnings, any kind of consequential loss, or for any form of indirect loss or damage, regardless of whether Metablocks has been informed of the possibility of such. Metablocks disclaims any and all liability for possible losses from indirect, direct, incidental, considerable or contributory use of the Websites and their content.

By using the Websites, you agree that the exclusions and limitations of liability set out in the Websites’ disclaimer are reasonable. If you do not think they are reasonable, you must not use the Websites.

7. Your California Privacy Rights

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to privacy@tweematic.com. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

8. Other parties

You accept that, as a limited liability entity, Metablocks has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Metablocks's officers or employees in respect of any losses you suffer in connection with the Websites.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the websites’ disclaimer will protect Metablocks's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Metablocks.

9. Indemnity

You hereby undertake an obligation to indemnify Metablocks against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Metablocks to a third party in settlement of a claim or dispute on the advice of Metablocks's legal advisers) incurred or suffered by Metablocks arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

10. Modification

Metablocks reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Websites (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you notice through the Websites or by e-mail. Metablocks may also impose limits on certain features of the Websites or restrict your access to parts or all of the Websites without notice or liability. Metablocks will inform you of any material changes to the Terms by sending you notice through the Websites or by e-mail. It is your responsibility to check these Terms periodically for non-material changes. Your use of the Websites following the posting of any changes to these Terms constitutes acceptance of those changes.

11. Entire agreement and severability

These Terms constitute the entire agreement between you and Metablocks in relation to your use of the Websites and supersede all previous agreements in respect of your use of the websites.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

12. Law and jurisdiction

These Terms are governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Metablocks that arises in whole or in part from the Sites, Platforms or Assets shall be decided exclusively by a court of competent jurisdiction located in Tennessee, provided, that you hereby agree that any dispute arising out of or relating in any way to these Terms of Use or your use of the Sites, Platforms, Assets and/or any information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Metablock's intellectual property rights, Metablock may seek injunctive or other appropriate relief in a court of competent jurisdiction in Tennessee. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

13. Contact

For any question of clarification, write us at privacy@tweematic.com.

Metablocks, Inc., 725 Cool Springs Blvd. 6th Floor, Franklin, TN 37067

5. Tracking and Advertising Partners

When a Customer End User visits a Site, Platform or Asset, we may collect User Data via Cookies and Pixels.

Adobe Digital Marketing Cloud
Amazon
DoubleClick Floodlight
Facebook
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This list is subject to change at Metablocks’s sole discretion. Capitalized terms used herein have the meanings assigned to them in the Metablocks Privacy Policy.

Certain of these advertising partners targeted advertisements that we, our clients or a service provider acting on our or a client's behalf will display to you based on information about your online activities across websites and other interactive properties operated by third parties may include the “Ad Choices” icon or another mechanism to opt out of receiving interest-based advertisements.

- Click on the AdChoices icon or visit AboutAds.info to receive more information about the collection and use of information about your online activities for interest based advertising or to learn how to opt out of having your data used for interest based advertising by Digital Advertising Alliance (DAA) participating companies.
- Visit NAI Consumer Opt Out to learn how to opt out from the use of information about your online activities for interest based advertising by NAI member companies.
- Visit The Canadian AdChoices Program if you live in Canada
- Visit Your Online Choices | EDAA if you live in Europe

Metablocks Sites and Platforms Privacy Policy