Privacy Policy

Welcome to Shoutabl! We deeply understand the sensitive nature of your personal information, and we treat the process of collecting and handling that information very seriously. Agouti, Inc. ("Shoutabl", "we", "us", or "our") has prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of our website, located at (the "Website") and online services ("Services").

A Note to Users Outside of the United States
If you are a non U.S. user of the Website or Services, by visiting the Website and/or providing us with information, you acknowledge and agree that your Personal Information may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your information, you consent to such transfer.

So we are clear about the terminology we are using, when we use the phrase "Personal Information" in this Privacy Policy, we mean information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing information. When we use the phrase "Anonymous Information" in this Privacy Policy, we mean information that is not associated with or linked to your Personal Information. Anonymous Information does not enable identification of or contact with individual persons.

Our Services and Website are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Website or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our databases and to prevent the user from utilizing the Website and the Services.

How We Collect Information
Personal Information
In general, the Personal Information we gather enables us to provide the Services to you and helps us learn more about the use of the Website and/or Services. We collect Personal Information that you submit to us voluntarily at registration and in the course of your use of the Website and/or Services. You may create an "Account" by providing your name, email address, and a password to use certain features of the Website, becoming a "Registered User". If you are a Registered User using our Services to help create and manage webpages for yourself or for a band or group (your "Site"), we may collect other information, including information about other band members and media related to your band. While this information is not all required, you get the most out of the Website and Services by providing more information. We will refer to all of the information you provide us for your Site as your "Site Information", even if it is also Personal Information.

When you communicate with us by sending us an email, we will collect and store any information that is contained in your communications with us. Any information you choose to provide for our use should reflect how much you want other Users to know about you. You can choose not to provide us with certain information, but this may limit the features of the Website or Services you are able to use.

If you provide Personal Information, including an email address, to a particular Registered User on that Registered User’s Site, such Personal Information will be transmitted directly to that Registered User. Please be thoughtful in disclosing your Personal Information.

Site Information
Until your Site(s) are published, we will attempt to restrict access to them to only those Users authorized by you (although those Users can designate other Users who can access and/or modify your Site(s). Once you publish those Site(s), however, your Site Information will not be considered Personal Information under this Agreement, even if it contains Personal Information and we may use and disclose the Site Information on the Website without restriction. Please remember that when you make available content (video, text, audio, images, photographs, or any other kind of content that is not your e-mail address) as part of your Site, other Users will be able to see it, including anonymous visitors to the Website. Please be thoughtful about what you include.

Please keep in mind that this Privacy Policy doesn't govern what our Registered Users choose to do on their individual Shoutabl sites, as we aren't responsible for the information collection and practices of our individual sites and our users who administer them. We pride ourselves on the flexibility and customization offered by our Services. As a result, when you visit a Site in our network, that Site may collect more information than we do, and may provide information to third parties that we have no relationship with, including to advertisers.

Disclosure – Relationship with SNS
You have the option of connecting a third party social networking website ("SNS") to your Account. When you click to enable this similar connection to the Services, you will be prompted to enter your SNS credentials for the SNS. By proceeding, you are granting us and our Services access to your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable such SNS connection at any time by logging into your Account or reviewing the appropriate settings from within your account settings on the applicable SNS.

Anonymous Information
We collect the following types of Anonymous Information:

Information Collected by Our Servers. To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. This includes some of the actions you take on the Website, such as the content of searches you perform on the Website. We use this information to analyze trends, administer the Website, track users’ movements around the Website, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Website or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Information.

Cookies. Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.

Collection of Information by Advertisers. We may use third parties to serve ads on the Website. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Website (but not your name, address, e-mail address or telephone number). They do this by using Cookies or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or pixel tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here:

Disclosure – Third Party Cookies
We use Google Analytics and other third party services to help analyze how users use the Website. Such services use Cookies to collect information such as how often users visit the Website, what pages they visit, and what other sites they used prior to coming to the Website. We use the information we get from these services only to improve our Website and Services. These services collect only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. We do not combine the information generated through the use of these services with your Personal Information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

How We Use Information
Personal Information
We will use your Personal Information to:

  • Provide you with Services, including personalizing the Services for you;
  • To market our products and services to you and those of third parties we believe may be of interest to you;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Improve the quality of the Website and the Services; and
  • Communicate with you about the Website and the Services.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.

We will communicate with you primarily in the form of emails. You can manage the frequency and/or opt out of receiving these communications by changing your settings on the Website and/or clicking the "Unsubscribe" link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Website and Services related communications (e.g., emails related to your account or the Website).

Site Information
We use Site Information in all of the ways we use Personal Information. In addition, we will post your Site Information on your Site on the Website once your Site has been published.

Anonymous Information
We may use Cookies to keep track of logins and personalize your experience (including by tailoring content to you). We may use other Anonymous Information for our business purposes, including to enhance the Website or Services, improve the content of our software, and customize the Website or Services to you. We may also use your Anonymous Information to contact you, notify you of new content, and/or market our products and services to you on our Website or through our Services.

How We Disclose Information
Personal Information
We also disclose certain Personal Information:

  • To third party vendors who help us provide the Services or the Website;
  • To third parties to whom you ask us to send Personal Information, including to other Users with whom you are communicating or following or to whom you provide Personal Information, including Registered Users and fans (as applicable);
  • To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy;
  • In connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy
  • If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms of Use; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties.

In addition, some of our Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

We provide users with the opportunity to communicate with you through an anonymous in-browser message box. If you respond to any in-browser message, you will be providing the recipient your email address. Through this communication, other users may request additional information from you. Such sharing of information is entirely your choice, and you share this information at your own discretion.

Site Information
We share Site Information in all of the ways we share Personal Information and, once published, any Site Information will be made publicly available on the Website. You are welcome to share as much Site Information as you think is necessary and appropriate. Please be thoughtful about the information you include on your page.

Anonymous Information
We reserve the right to disclose Anonymous Information publicly without restriction.

Controlling Your Information
You can review and/or change certain of your Personal Information by logging into the Website and accessing your Account. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please remember that we do provide Personal Information to Registered Users to whom you have authorized disclosure. WE DO NOT HAVE ANY CONTROL OVER HOW ANY THIRD PARTY, INCLUDING REGISTERED USERS, COLLECTS, USES AND DISCLOSES YOUR SITE INFORMATION OR OTHER INFORMATION COLLECTED BY SUCH THIRD PARTY, INCLUDING INFOMRATION THAT YOU PROVIDE DIRECTLY TO THAT THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT (1) SHOUTABL DOES NOT EVALUATE ANY ARTIST’S PRIVACY PRACTICES, AND (2) SHOUTABL WILL NOT HAVE ANY LIABILITY FOR ANY ACTIONS OF ANY ARTIST.

Upon your request, we will close your Account, but we cannot guarantee that your Personal Information will not remain on pages on the Website. We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law. When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.

Controlling Your Information
This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you on the Website and Services. If you disclose information to others, or authorize us to do the same under this Privacy Policy, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. The Website may contain content or links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Website and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you. The Website may also contain links to other websites controlled by us but which operates under different privacy policies. Please review the privacy policy of any new site you visit.

Changes to this Privacy Policy
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and we will change the "Last Updated" date above. You should consult this Privacy Policy regularly for any changes.

This Policy was last revised: January 20, 2014.