THE NEW RECORD PRIVACY POLICY

Information (as defined in The New Record TERMS) and certain other data, such as your IP address (“Data”), about you is subject to our “Privacy Policy.” By using the Service you agree to and consent to the collection and use of your Information and Data by Company. We may collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, buying preferences, etc. We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, creating a “username.” The types of information that may be requested include your name, address, date of birth, e-mail address, and telephone number. We do not, to our knowledge, collect any sensitive information about you, such as your race, ethnicity, health conditions or political opinions.

When you use certain features of the Service in connection with a social networking site, you allow us to access certain information from your profile for that site. The information you allow us to access may vary depending on the social networking site and the privacy settings you have established for that social networking site. You can control and change your privacy settings directly through the site itself. We may access the following information as allowed by you, the social networking site, and your privacy preferences:

• your first and last name
• your profile picture and/or its URL
• your gender
• your networks
• your user ID
• your list of friends
• the login e-mail you provided to that social networking site upon registration
• other profile information that you choose to make public

We allow you to post content from our site to your profile on certain social networking sites. Please be aware that the privacy policy of that site will apply to any content you provide them in these instances.

When you use the Service we might insert some instructions on your computer or mobile device. These instructions will be in the form of a “cookie” or similar file. Cookies are small pieces of instruction stored on your hard drive or device, not on our site. Cookies may help you navigate the Service as easily as possible. We may use cookies to deliver content specific to your interests and to prevent you from reentering your username and password each time you access the Service.

We typically use the Information and Data you provide to us to improve the design and performance of the Service. We may use your Information and Data to deliver to you, among other things, advertising, promotions and other material from Company. The Information may also be used to contact you when necessary, and to deliver or assist in delivering products, prizes, incentives, or similar rewards.Although we will not provide access to the Information and Data to third parties for the purpose of delivering third-party advertising to you, we may provide access to the Information and Data to third parties that assist us in the operation and delivery of the Service, or in the delivery of products, prizes, incentives or rewards.We will take reasonable steps to require such third parties to comply with the terms of this Privacy Policy.You hereby authorize us to provide this access or share the Information and Data with third parties.If you do not want us to share your Information or Data with third parties, or if you do not want us to use your Information or Data for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by you, you may “opt out” by contacting us at [legal@thenewrecord.com]. We will not disclose any sensitive information about you to a third party or use any such information for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by you, without first obtaining your express “opt-in” consent.

We may disclose your Information and Data if, among other things, we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TERMS; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Company, its users or the public.

The Service may contain links to other web sites. Company is not responsible for the privacy practices or the content of such web sites. Third parties may display advertisements on the Service and on such web sites. These advertisements may contain cookies. These third parties may collect information or insert cookies without our knowledge.

We allow you to access and change or modify Information previously provided. You may do so by e-mailing us at [legal@thenewrecord.com]. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or modifications. Unfortunately, we cannot always ensure that such changes or modifications will be reflected in all iterations of your Information as previously stored.

Please remember that any Information that you disclose on a website that is part of the Service may become public. You should exercise caution when deciding to disclose your personally identifiable information.

This Privacy Policy is governed by and incorporated by reference into The New Record TERMS available at [www.thenewrecord.com], and should be interpreted consistent therewith. If you believe that we have violated this Privacy Policy, please contact us at [legal@thenewrecord.com], or you may pursue binding arbitration pursuant to The New Record TERMS.

Last Updated: Oct 1 2011