Privacy policy

WHO WE ARE

This website is operated on behalf of Dierks Bentley (“Artist”) by BubbleUp, LLC., ("BubbleUp", “us” or "we"). This Privacy Policy explains the personal information protection practices of BubbleUp, a company organized under the laws of Texas and whose principal office address is 9391 Grogan’s Mill Rd., The Woodlands, TX 77380.

We are committed to protecting and respecting your privacy and the following provisions detail the manner in which personal information that we collect from you, or that you provide to us, will be used and/or disclosed. Please read the text carefully to understand our views and practices regarding your personal information and how we will treat it. By using this site, you agree to the terms and conditions of this Privacy Policy.

A SPECIAL NOTE TO CHILDREN UNDER 13 YEARS OF AGE

YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER WITH OUR SITE. PLEASE DO NOT REGISTER IF YOU ARE UNDER 13 YEARS OF AGE. There are certain web pages within our site that require users to be at least 13 years of age. This may mean that you will be unable to participate in some activities on the site. BubbleUp does not knowingly collect or solicit personal information from a child under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If BubbleUp is notified or discovers that a child under the age of 13 has improperly registered on this site, we will immediately cancel the child’s membership/account and delete any personal information relating to that child.

A SPECIAL NOTE TO PARENTS

Parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.

WHAT INFORMATION WE COLLECT

1. Information you give us.

   We may collect and process personal information relating to you if you provide such personal information by filling in forms on our site or by you contacting us. This includes, but is not limited to, information provided at the time of registering to use (or become a member of) our site, subscribing to any services (for example, email or SMS newsletters), purchasing downloads or other products, posting material, or requesting further services.

2. Information through the use of cookies, web beacons or “clickstream data”.

   Some information may automatically be collected as you browse our site. Our web server automatically collects information known as "clickstream data," which may include the following information: The domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, your operating system and platform, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics.

   In addition, we may use ‘cookies’ to collect information relating to your general internet usage. This information may include IP-addresses, browser version, number of visits and similar such information relating to your navigation of the internet and our site. A ‘cookie’ is a small text file that is placed on your computer’s hard drive. Cookies help us to improve our site and to deliver better and more personalized service by storing information about your preferences and allowing us to recognize you when you return to our site. You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings you may be unable to access certain parts of our site.

   Certain pages on our site may also contain “web beacons” (also known as Internet tags, pixel tags or clear GIFs). Web beacons may allow third parties to obtain non-personally identifiable information such as: The IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.

HOW WE USE YOUR INFORMATION

We use the information collected from our site in the following ways:

• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you have requested from us (or third parties, where appropriate) or which, based on your preferences or use, we feel may interest you.
• To carry out our obligations arising from any contracts entered into between you and us and, as permitted by law, to perform credit checks, report or collect debts owed, or protect our rights or property, our site, or its users.
• To measure the use of our site and to administer and improve our site.

  For example, we use clickstream data, web beacons and cookies only in the aggregate for these purposes. Any sharing of such data with unrelated third parties is on an anonymous basis. When we collect personal information, we may extract some of the information, such as demographic information and combine it with other information, such as clickstream data. This combined information is used and analyzed only at an aggregate level to help us or third parties understand trends and patterns.

• To notify you about changes to our service.
  To allow you to participate in interactive features of our service, when you choose to do so, including:

  Blogs and forums: We ask each visitor who wishes to participate in blogs and forums on this site to provide an email address along with the visitor's screen name to access these functions. Except for the uses described in the paragraphs above, all such email addresses are used only to protect the security and integrity of the site, such as to take action against visitors who post inappropriate material or harass other visitors. You are responsible and are deemed to have consented to disclosure if you post your email address, or other identifying information or content, to a publicly viewable interactive site application such as a blog or forum.
  Contests: For contests conducted on our site, we use the personal information you provide only for the purpose of contacting you if you win a prize and sending the prize to you. We do not use contact information contained in contest entries to create mailing lists or for any other purpose without your consent. All contests that are held on this site are limited to persons above a certain age. Accordingly, we ask each contestant to provide year of birth, as well as name, address, and e-mail address. If the year provided indicates that the contestant is underage, the information submitted is deleted. Please refer to the specific age requirements for each contest as rules may vary from contest to contest.

• To help protect you and others, we monitor use of our sites, 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; 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 Artist and BubbleUp, and Artist’s and BubbleUp’s respective partners, and customers. Monitoring may result in the collection, recording, and analysis of online activity or communications through our sites. If you do not consent to these conditions, you must discontinue your use of our site.

We do not sell, rent, or otherwise provide your personal information to third parties for marketing purposes unrelated to this site.

WITH WHOM WE SHARE YOUR DATA

Subject to the other terms of this Policy, and where appropriate, we may share your personal information with the following:

1. Artists and partners:

   Personal information collected on this site may be shared with the Artist, the Artist’s record label, or any service providers contracted to operate this site, or those contracted to perform promotional and marketing activities on the Artist’s behalf. These contractors have agreed with us to use personal information of site visitors only for the purposes of carrying out these operations and/or activities.

2. Other third parties:

   We may transfer, sell or assign any data, including personally identifiable data, to third parties in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of BubbleUp, LLC, or any part of it.

   We may share with others, at our discretion, certain aggregate statistical data about purchases and the use of our content, which data may include demographic data such as the age range and/or geographic location of groups of users. No personal information (such as names or email addresses) will be identifiable from such statistics.

3. In special circumstances:

   We may disclose personal information as we believe to be necessary or appropriate: (a) to comply with applicable laws; (b) to respond to a valid subpoena or other requests from government authorities or agencies (including authorities outside of the US, if necessary); (c) to protect the rights, privacy, safety or property of Artist, BubbleUp, or others we deem necessary; (d) to assist law enforcement officers or government agencies.

YOUR RIGHT TO OBTAIN, CHANGE OR REMOVE YOUR INFORMATION

You can opt out of receiving any further messages from BubbleUp or anyone with whom we share your data (as described above) at any time by following the unsubscribe instructions in any message sent to you. If you wish to delete your account for one of our websites you can send an email to info@bubbleup.net.

You have the right to access the personal information we hold about you. To view the personal information we hold about you or if you have any questions or comments concerning this Privacy Policy, please write to us at our principal address provided at the beginning of this privacy policy, attention: Privacy Officer. You can also send an email to info@bubbleup.net.. If you find any errors in your personal information, please contact us and we will try to correct the error or explain how you can correct it.

SECURITY

We use industry standard technology and security features to protect personal information from unauthorized access or misuse. Unfortunately, the transmission of information via the internet cannot be guaranteed to be completely secure. Any transmission is therefore made at your own risk.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We use current industry standard technology to maintain the confidentiality and accuracy of the personal information you provide to us. We periodically review our security measures to ensure the security of your information. However, we cannot guarantee that any information you submit to us will be free from unauthorized third party intrusion.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

In the event that non-public personal information is compromised, we will promptly notify our customers in compliance with applicable law. Tex. Bus. & Comm. Code ?521.052.

RETENTION PERIOD

We will retain your personal information and/or data collected for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a specific retention period is required or allowed by law.

INTERNATIONAL USERS AND CROSS-BORDER TRANSFERS

This site is operated in the United States. Your personal information may be collected, stored and processed in the U.S. or any other country in which BubbleUp or its affiliates or service providers maintain facilities. By using this site, you consent to the transfer, processing and storage of your information in jurisdictions that may have different privacy laws than the country in which you reside.

OTHER WEBSITES

Our site may contain links to other websites which are outside our control and are not covered by this privacy policy. Operators of other third-party sites may collect and process information differently than BubbleUp. Please review the privacy policy notices on those third-party sites for further details.

THIRD PARTY COOKIES

Some of the advertisements on this site may be generated by third party partners. These third parties may use their own "cookies" to track how many unique users have seen, or click on, a particular advertisement. These cookies cannot be used to identify you as an individual, and are used only for statistical purposes or, for example, to provide advertisements that are more relevant to your preferences.

BubbleUp is not responsible for third party cookies, other than allowing them to be served via our websites. However, we may use statistical information arising from these third party cookies that is provided to us, if at all, by such third parties to improve the targeting of advertisements to users (see also ”What information we collect” above).

If you wish to block third party cookies, you can do so in your browser's security settings.

CHANGES TO OUR PRIVACY POLICY

We may modify, alter or otherwise update this privacy policy at any time. We will indicate any changes by updating the date at the top of the policy. We encourage you to review this policy from time to time.

 

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of information that we gather when you are accessing or using our Websites or Services or when you contact us in any manner. We gather various types of information, including information that identifies you as an individual (“Personal Information”) from our users, as explained in more detail below.

What information does Dierks Bentley Collect?

Information You Provide to Us:

When you use our website We may collect any Personal Information that you choose to send to us or provide to us, for example, on our “Newsletter” (or similar) online form or if you register for a Dierks Bentley Membership Account. If you contact us through the Websites, we will keep a record of our correspondence.

When you use the Services: We receive and store information you provide directly to us. For example, when setting up new users, we collect Personal Information, such as name and e-mail address, to provide them with Services. The types of information we may collect directly from our customers include: name, username, email address, postal address, phone number, transactional information (including Services purchased), as well as any other contact or other information they choose to provide us or upload to our systems in connection with the Services.

Information We Automatically Collect:

When you use the Websites: When you visit the Websites, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website.

When you use the Services: 

Usage information: we keep track of user activity in relation to the types of Services our customers and their users use and performance metrics related to their use of the Services.  

Log information: we log information about our customers and their users when you use one of the Services including Internet Protocol (“IP”) address. 

Information collected by cookies and other similar technologies: we use various technologies to collect information which may include saving cookies to users’ computers.

For further information, please see the section below headed "Cookie Policy".

How do we use the information?

Websites: We will use the information we collect via our Websites:

• To administer our Website and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;
• To improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
• To analyze customers’ use of the Websites for trend monitoring, marketing and advertising purposes;
• For purposes made clear to you at the time you submit your information – for example, to provide you with information you have requested about our Services
• As part of our efforts to keep our Website safe and secure.

Services: We may use the information we collect from our customers and their users in connection with the Services we provide for a range of reasons, including to:

• Set up a user/membership account;
• Provide, operate and maintain the Services;
• Process and complete transactions, and send related information, including transaction confirmations and invoices;
• Manage use of the Services, respond to inquiries and comments and provide customer service and support;
• Send customers technical alerts, updates, security notifications, and administrative communications;
• Investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities; and

For any other purposes about which we notify customers and users.

We may also use the information you send to us via the Websites and/or Services, to communicate with you via email and, possibly, other means, regarding products, services, offers, promotions and events we think may be of interest to you or to send you our newsletter, if this is in accordance with your marketing preferences.  However, you will always be able to opt-out of such communications at any time (see the “Your Choices” section below).

How do we share and disclose information to third parties?

We do not rent or sell your Personal Information to anyone. We may share and disclose information (including Personal Information) about our customers in the following limited circumstances:

Vendors, consultants and other service providers: We may share your information with third party vendors, consultants and other service providers who we employ to perform tasks on our behalf. These companies include:

If Dierks Bentley has received your Personal Information in the United States and subsequently transfers that information to a third party agent or service provider for processing, Dierks Bentley shall remain responsible for ensuring that such third party agent or service provider processes your Personal Information to the standard required by law (see the section below headed "International Data Transfers"). Unless we tell you otherwise and you consent, our vendors do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Dierks Bentley and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of Dierks Bentley, our employees, our users, or others.

Disclosures for National Security or Law Enforcement: Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Your California Privacy Rights

This portion of our Privacy Notice advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”) and how to exercise these rights by communicating with us. We provide you with the rights described below when you use our Services. Please note that we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.

For purposes of this section, “Personal Information” is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

If a California resident wishes to make any of the requests described below, such as access and deletion, he or she may contact us as provided in Section 13 (How to Contact Us) below.

Right to Deletion of Personal Information - California Consumers

California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. Dierks Bentley may not delete some or all Personal Information if such Personal Information is necessary for us, or our service providers or affiliates, to:

• Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of Dierks Bentley’ ongoing business relationship with the consumer, or otherwise perform a contract between Dierks Bentley and the consumer,
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
• Debug to identify and repair errors that impair existing intended functionality,
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law,
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with Dierks Bentley,
• Comply with a legal obligation, or
• Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.

If you would like to access, review, update, rectify, and delete any Personal Information we hold about you, or exercise any other data subject right available to you under the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA), you can revoke consent, or edit data here.

Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices - California Consumers

You may request to receive details about how we collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in Section 13 (How to Contact Us) below.

You may also request to receive:

• the categories of Personal Information that we have collected about you,
• the categories of Personal Information that we have disclosed for a business purpose,
• the categories of sources from which we collected the Personal Information,
• our purposes for collecting that Personal Information, and
• the categories of parties with whom we share your Personal Information.

Right to not be Discriminated Against for Exercising your Rights -California Consumers

We do not discriminate against you for exercising any of your CCPA rights, such as your access and deletion rights described above. However, we may offer you rewards (such as through our loyalty program) or benefits (such as customizing your experience at a resort) which we need your data to provide, but we will only provide those rewards or benefits if their value to you is reasonably related to the value provided to Dierks Bentley by your Personal Information.

Categories of Personal Information Collected about California Consumers and the Purposes of Such Collection

We collect identifiers that you may choose to provide to us, such as your name, email address, mailing address, phone number, birthday, and age. We use this information to communicate with you, market goods and services, and to provide you with goods and services.

We collect and use identifiers (such as a username) you may choose to provide to us, and the content of your communications when you post information on our online message boards or online public forums. We use this information to run our online message boards or online public forums.

Categories of Personal Information Sold about California Consumers

Dierks Bentley does not sell consumers’ Personal Information.

Categories of Personal Information Disclosed for a Business Purpose - California Consumers

Dierks Bentley discloses identifiers (e.g., name or email address), internet activity, consumer history, and consumers’ preferences to provide marketing and analytics services to its business partners.

Dierks Bentley discloses identifiers, consumer history, and consumers’ preferences to our franchisees and licensees to offer our Services.

Dierks Bentley may share your personal information with third party service providers that perform a variety of services on our behalf, such as the development and analysis of our social media pages, operating and maintaining our websites, offering or managing promotions, and market research purposes.

Dierks Bentley may share your personal information with other entities for purposes of a sale, merger, or other related corporate event. An entity that buys us or a part of our business may continue to use your personal information in accordance with this Privacy Notice.

Removing Content on Public Forums - California Consumers

If you are a California resident between the age of 13 and 18 and are a registered user on the Service and participate in the online public forums offered through the Service, you may request that we remove content or information about you that you posted by (a) submitting a request in writing to dierksfanclub@bubbleup.net with the subject: “Deletion Request”, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

Is Personal Information about me secure?

We use  technical, organizational and administrative security measures to protect all information we hold in our records from loss, misuse, and unauthorized access, disclosure, alteration and destruction.  Unfortunately, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information. Among other practices, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Cookie Policy

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.

More specifically, we use cookies and other tracking technologies for the following purposes:

• Assisting you in navigation;
• Assisting in login and your ability to provide feedback;
• Analyzing your use of our products, services or applications;
• Assisting with our promotional and marketing efforts. 

Below is a detailed list of the cookies we use on our Website. Our Website is scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:

• Strictly Necessary Cookies
• Statistics Cookies

You can change cookie settings here

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.

You can set your browser to block or alert you about these cookies, but some parts of the site will not work. These cookies do not store any personally identifiable information.

Statistics Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. They may be set by us or by third party providers whose services we have added to our pages. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.

They do not store personal information directly, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Your Privacy Rights

What choices do I have?

You can always choose not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

Cookies

You can accept or reject cookies through our Privacy Preference Centre, accessible by clicking the “cookie settings” button in our cookie policy. You can also do so by adjusting your web browser controls. Please consult our Cookie Policy for more information about our use of cookies and how to accept and reject them.

Marketing Communications

You can opt-out of receiving certain promotional or marketing communications from us at any time by using the unsubscribe link in the emails communications we send. Or revoke consent, or edit data here.

If you have any account for our Services, we will still send you non-promotional communications, like service related emails.

How can I update and access my information (Exercise my Data Subject Rights)?

If you would like to access, review, update, rectify, and delete any Personal Information we hold about you, or exercise any other data subject right available to you under the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA), you can revoke consent, or edit data here.

Our Privacy team will examine your request and respond to you as quickly as possible!

Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

California residents are entitled to ask us for a notice identifying the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: dierksfanclub@bubbleup.net

International Data Transfers

Personal Information you submit on the Websites or through the Services is sent to the United States and will be primarily processed by us in the United States and potentially in other countries, on our servers or on our hosted service providers cloud servers on our behalf. These countries may not have similar data protection laws to those in your country of residence. However, we will always protect your information in accordance with this Privacy Policy wherever it is processed. To request this capability, contact dierksfanclub@bubbleup.net

Linked Websites

For your convenience, hyperlinks may be posted on the Websites that link to other websites (the “Linked Sites”). We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Sites or of any companies that we do not own or control. Linked Sites may collect information in addition to that which we collect on the Websites. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy policy of each Linked Site that you visit to understand how the information that is collected about you is used and protected.

Children

We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at dierksfanclub@bubbleup.net

Will Dierks Bentley ever change this Privacy Policy?

We’re constantly improving our Websites and Services, so we may need to change this Privacy Policy from time to time as well. We will alert you to material changes by, for example, placing a notice on our Websites and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You can see when this Privacy Policy was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Privacy Policy.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to dierksfanclub@bubbleup.net and we will try to resolve your concerns.