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.
Please note that this Policy contains disclaimers of warranties and limitations on liability that may be applicable to you.
1. Children Under 13 and Intended Audience
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.
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.
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.
2. Right to Change Terms
3. Information Collected
By accessing bNoteable.com you are authorizing bNoteable to collect the following information:
Date, time, and duration of your website visit
Type of device
Device operating system
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.
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.
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.
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.
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.
For Music Highlight Reel Editor accounts the information may include data collected about your name and email address.
4. Use of Information
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.
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.
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.
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.
9. Cookies and Other Tracking Technologies
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.
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.
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.
13. Links to Other Sites & Other Information
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:
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.
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 firstname.lastname@example.org
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.
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 email@example.com; and (b) providing a copy by certified mail, return receipt requested to:
Attn: Legal Department
5900 Balcones Drive
STE 100 Austin, TX 78731
17. Governing Law & Arbitration
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.
19. Entire Agreement
Effective: January 1, 2021
Last modified as of: July 10, 2023