At bNoteable LLC, we care deeply about privacy. We also believe in transparency and we’re committed to being upfront about our privacy practices, including how we treat your personal information. 

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This Privacy Policy (“Policy” accessed at www.bNoteable.com/privacy-policy) is to help you understand what information bNoteable LLC, a Texas limited liability company with a mailing address of 5900 Balcones Drive, STE 100 Austin, TX  78731 "bNoteable," (“we,” “us,” “our”) and you, as a user, (“you” or “your”) may collect, use, and share with respect to your use of the bNoteable website located at www.bNoteable.com, bNoteable online platforms, the bNoteable portal, and the other bNoteable products and services (collectively, the “Services”). 

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It is important that you carefully read and understand the terms and conditions of this Policy. By accessing our Products and Services or downloading the applications, you are providing your consent to our collection, use and disclosure of information about you as described in this Policy. Additionally, our Terms of Use located at www.bNoteable.com/Terms-of-Use are incorporated by reference into this Policy. If you do not agree to these terms and conditions of the Policy, you are not authorized to use our Products and Services and we ask that you cease any use of our Products and Services. 

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Please note that this Policy contains disclaimers of warranties and limitations on liability that may be applicable to you. 

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1. Children Under 13 and Intended Audience

Our Products and Services are designed and intended for users over the age of 13 and users under the age of 13 that receive verified parental or guardian consent to access and use our Products and Services. We will handle all children's personal data described in COPPA and this privacy policy. If you are under 13, do not use or provide any information on our platforms or through any of its features, register on the websites or platforms, make any purchases through the websites or platforms, use any of the interactive features of the website or platforms, or provide information about yourself to us, including your name, address, telephone number, email address, or any other information without prior parental consent. It is our policy to prohibit collection of personal data from children under 13 unless we receive verified parental consent from the child's parent or legal guardian. To provide consent, you must print out the Verifiable Parental Consent Form located at www.bNoteable.com/Parent-Information, complete and sign it, and return to us by scanning or photographing the completed form and email it to us at support@bNoteable.com 

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The signed and returned form constitutes your consent to the collection, use and disclosure of your child's personal data as described in this policy. If we do not receive your consent, your child will not be able to use our Products and Services, and we will delete your information from our records.

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As a parent or legal guardian of a child under 13, you have the ability to request information from us regarding the type of data being collected, view your child's information that we have on file, have us delete your child's personal data, and, if you choose, request that we stop making further use of your child's information. 

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If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have information from or about a child under 13, please contact us at support@bNoteable.com immediately so we can delete such information. 

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2. Right to Change Terms

We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; (b) change our Products and Services, including eliminating or discontinuing any information services or other feature of our Products and Services; or (c) deny or terminate your use of and/or access to our Products and Services. Any changes we make will be effective immediately upon our making such changes available on our Products and Services, with or without additional notice to you. You agree that your continued use of our Products and Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at www.bNoteable.com/privacy-policy) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. YOUR CONTINUED USE OF OUR PRODUCTS AND SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY .

 

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3. Information Collected

By accessing bNoteable.com you are authorizing bNoteable to collect the following information: 

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• Date, time, and duration of your website visit

• IP address

• Type of device

• Device operating system

• Browser used

• Pages visited

In addition to the information listed above, additional information is collected from account holders. By creating an account on the bNoteable platform, you are agreeing that bNoteable may collect the information listed below in accordance with the account type. The account types available on the bNoteable portal are: Student, College Director, College Faculty, Drum Corps Staff, Music Consultant and Music Highlight Reel Editor (“Accounts”). For each of these Accounts bNoteable collects information that you provide us directly or automatically when you use our Products and Services.

For Student accounts the information may include data collected about your name, email, mobile number, mailing address, instruments you play, ensembles you have performed in, location, and education/academic information including but not limited to your current school, current year in school, potential majors, anticipated graduation date, etc., and Products and Services usage. 

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For College Director accounts the information may include data collected about your name, college name, complete college address, ".edu" college sponsored email, location activity, and Products and Services usage, as well as your personal mobile number for account verification purposes. 

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For College Faculty accounts the information may include data collected about your name, ".edu" college sponsored email, mobile number, instruments you play or teach, ensembles you teach, activities, and Products and Services usage. 

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For Drum Corps Staff accounts the information may include data collected about your name, " the drum corps or personal email you provide, mobile number, instruments you play or teach, ensembles you teach, activities, and Products and Services usage. 

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For Music Consultant accounts the information may include data collected about your name, email, mobile number, instruments you play or teach, ensembles you teach, activities, and Products and Services usage. 

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For Music Highlight Reel Editor accounts the information may include data collected about your name and email address. 

 

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4. Use of Information

For all Accounts we may use the information for purposes such as to: provide our Products and Services functionality, improve the quality of our Products and Services, personalize your experience, track usage of our Products and Services, display relevant advertising, evaluate the success of our advertising, provide customer support, message you (in ways described by this privacy policy and managed by you in your account settings), back up Products and Services systems and allow for disaster recovery, enhance the security of our Products and Services, fulfill transactions authorized by you on our Products and Services, and comply with legal obligations. 

 

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5. Disclosure to Authorized Third Parties

For Student accounts, you understand and agree that information and data collected will be disclosed to authorized third parties including but not limited to approved colleges, college teachers, bNoteable music consultants and music highlight reel editors as part of the Products and Services. These third parties have access to your information only to perform authorized tasks on our behalf and are obligated not to disclose or use it for any other purpose. In an effort to help you achieve your college goals, authorized tasks include but are not limited to colleges emailing you regarding the information on your profile, colleges sending academic or musical information to the mailing address you provide, etc. bNoteable is not responsible for how information and data is used by any third party. 

 

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6. Investigations

bNoteable may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Products and Services; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public. 

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7. Business Transfers

If bNoteable is acquired by or merged with another entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, bNoteable may transfer the information we have collected about you to the other company. 

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8. Registration

Access to certain functionalities of our Products and Services will require you to register with and/or provide certain information to bNoteable. We reserve the right to decline to provide access to our Products and Services or Information to any person for any reason or no reason at all. If and when you register with or provide information to bNoteable you agree to (a) provide accurate, current and complete information about yourself, or your affiliation as part of a College Director, College Faculty, or Music Consultant account, as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of our Products and Services, College Director, College Faculty or Music Consultant account, and/or Information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. 

 

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9. Cookies and Other Tracking Technologies

bNoteable and third parties we interact with, including our third-party service providers, use cookies, web beacons, local shared objects (sometimes called flash cookies), and similar technology in connection with your use of our Products and Services and third-party websites (collectively referred to in this policy as “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Products and Services. We may use Cookies to transmit information about you and your use of our Products and Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. When we use Cookies, we do so in order to further Products and Services features and processes, provide authentication and security for your transactions on our Products and Services, store your preferences, facilitate relevant advertising, and help bNoteable learn more about how users engage with our Products and Services. Our Cookies may be persistent or stored only during an individual session. 

 

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10. Account Deletion and Data Retention

You can permantently delete your bNoteable account at any time by accessing the delete feature in the "My Account" tab. When you delete your account, you will cease to provide ongoing or future data to Products and Services. For student accounts, your private contact details such as your full name, email address, mobile number, password and any other information that you provided will be permanently deleted immediately. For all other accounts, contact details such as your full name, email address, mobile number, password, and any other information that you provided including messages to students will be stored for a minimum of 60 days before it is permanently deleted. Once permanently deleted, your information cannot be retrieved, not even by us as it cannot be reversed. However, your data collected about your location, activity, and usage may be maintained and kept in an anonymized and deidentified format to improve the Products and Services functionality. We may retain information about you for the purposes authorized under this Policy unless prohibited by law. 

 

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11. Security

bNoteable follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. All data is transmitted over secure communication lines using HTTPS for communication between your devices and bNoteable servers. 

 

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12. Data Storage

Any information you provide through our Products and Services may be transferred over secure communication lines using HTTPS to, stored in, or processed on Amazon Web Services (AWS) in accordance with their Data Processing and Security Terms that may be accessed here: https://aws.amazon.com/privacy.

 

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13. Links to Other Sites & Other Information

Our Products and Services may contain links to other sites that are not controlled by bNoteable. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Products and Services and read the privacy policies of each and every site you visit. This privacy policy applies only to information collected by our Products and Services. Additionally, information kept on the bNoteable platform is kept current to the best of our ability.  Given the fast-pace nature of changing data, each User is responsible to ensure information is relevant to them by verifying it.   

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14. California

If you are a California resident you have the right to request information from bNoteable regarding the manner in which bNoteable shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to bNoteable at its designated address and receive the following information: 

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• The categories of information bNoteable disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and 

• The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. 

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You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing support@bnoteable.com 

 

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15. Privacy Inquiries and Correcting Your Information

If you would like to review, correct, update, delete or otherwise limit bNoteable’s use of your personal information that was previously provided to bNoteable, you may contact bNoteable at support@bNoteable.com. We will comply with your request as much as is practicable and as soon as is practicable. 

 

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16. Notice

By use of our Products and Services, you consent to receive electronic communications from bNoteable. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Policy or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to bNoteable will be provided by both (a) sending an email to support@bnoteable.com; and (b) providing a copy by certified mail, return receipt requested to: 

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bNoteable LLC

Attn: Legal Department  
5900 Balcones Drive 

STE 100 Austin, TX 78731 

 

 

17. Governing Law & Arbitration

This Policy shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. Harris County, Texas shall be the exclusive forum for any arbitration which touches on or concerns this Privacy Policy. Any controversy which touches on or concerns this Privacy Policy shall be resolved exclusively by binding arbitration administered pursuant to American Arbitration Association rules then applicable for commercial disputes. In any controversy subject to such arbitration, the arbitrator may grant any relief, legal or equitable, interim or final, including without limitation a permanent injunction, which could be granted by a court of competent jurisdiction. Any arbitration shall take place in Harris County, Texas, or as otherwise agreed by the parties. This clause shall survive the termination of this contract and is governed by the Federal Arbitration Act. 

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18. Enforceability

If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions. 

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19. Entire Agreement

This Policy, along with the Terms of Use, constitute the entire terms with respect to the relationship between bNoteable and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived or modified except by bNoteable as provided herein or otherwise by written instrument signed by bNoteable. 

 

 

 

 

 

Effective: January 1, 2021
Last modified as of: July 10, 2023

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