Privacy Policy
Last updated: March 30, 2026
Introduction
OmniVibe Media LLC, a Texas based Limited Liability Company (“OVM,” “we,” or “us”), is a service that provides music streaming (“Content”) to business establishments (“Venues”), such as restaurants, retail stores, hotels, salons and spas, offices, casinos, and other business locations where Content can be heard (each physical location a “Zone” or “Venue”). Our customer facing product brand is the BrandVibe Music Scheduler PRO (“BVM”). For purposes of this Privacy Policy, the term “OmniVibe Media” or “BrandVibe Music Scheduler PRO” refers to the technological platform that allows subscribers to select music channels, schedule them, and subsequently play music for their customers at their business venue. The information practices of business Venues are governed by their own privacy policies and are not governed by this Privacy Policy; accordingly, we recommend you review the privacy policies of these businesses. The collection and handling of any information of an OVM business customer is governed by the confidentiality provision of the agreement between that business customer and OVM.
This Privacy Policy explains what information of our business establishment subscribers will be collected by OVM when you use the OVM Service, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. Capitalized terms that are not defined in this policy are defined in our Terms of Use. Please note your location information may be subject to abuse, misuse, and over-monitoring by others including customers, friends, family, or acquaintances. Please manage your own mobile and profile privacy preferences while using the OVM Service, on an ongoing basis, accordingly. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the OVM Service.
Using the OVM Service
To use the features of the OVM Service, you must consent to: (a) the use of your PC, tablet, or phone’s location to provide OVM to you, including the display and disclosure of that location information to OVM; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from OVM usage. Using your mobile phone or tablet with a mobile data plan may incur Data plans charges when not connected to Wifi. Standard data charges, fees, and taxes from your carrier apply.
OVM does not store a users’ latitude or longitude information. OVM accesses the mobile device’s latitude and longitude data to verify that the subscriber is within an acceptable radius of the subscriber’s Venue. Once verified, the OVM system allows the user to access the account associated with that venue. A users’ latitude and longitude data are not shared through the OVM Service.
Information We Collect
User-Provided Information
You provide us information about yourself, such as your name, email address, phone number, business address, etc. When using the Service, you may also provide certain other personal information and content. This content is used to validate your account and to validate the location of the venue. The location tracking of your device occurs only when the BVM application is playing.
Location Information
To run OVM in a Venue, we access your personal data and the geographic location of your device to verify that it is within an acceptable radius of the Venue before allowing music play. While checked into the Venue, the OVM system will periodically access the device’s location information to verify that it is still within an acceptable radius of the Venue.
Cookies Information
When you visit OmniVibeMedia.com or BrandVibeMusic.com, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets BVM help you log in faster and enhance your navigation through the site. A cookie may also convey anonymous information about how you browse the Service to us. A cookie does not collect personal information about you. OVM uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log File Information
Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your BVM account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make OVM better for our users. OVM currently uses Google Analytics, which uses a clear gif to gather data in particular situations.
Do Not Track
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a Do Not Track signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for OVM services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform, it just will not be tailored to your interests.
Third parties may not collect information about users’ online activities on the Platform except as described in this Privacy Policy.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.
Any personal information or content that you voluntarily disclose for posting to the Service (including your location information) may become available to the public if the public has access to your device. OVM is not responsible for the personally identifiable, profile, or location information that is disclosed publicly on the screen of your device while playing music at your establishment.
By providing OVM your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. You may not opt out of Service-related emails. If you correspond with us by email, we may retain the content of your email messages and our responses.
If you choose to use our referral service to invite a friend to the BVM service, we will ask you for that person’s email address and automatically send an email invitation. OVM stores this information to send this email and to register your friend if your referral is accepted. Your friend may contact us to request that we remove this information from our database at [email protected].
OVM reserves the right, but has no obligation, to monitor the proper usage of the service, including staying within a geographic radius of the licensed business location.
We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.
Use of Aggregate or De-Identified Information
In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individuals together, or otherwise “de-identify” the information about you (which means that the information does not directly or indirectly identify you). We may use information in these forms for any legitimate business purpose, including for research and analysis, administration of the OVM Service, advertising (e.g., improving our targeting efforts), and promotional purposes.
How We Share Your Information
Personally Identifiable Information
OVM may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of OVM (for instance, on servers or databases co-located with hosting providers).
OVM does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with such a third party, you can choose not to participate in such programs or features. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
Except as otherwise described in this Privacy Policy, OVM will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of OVM, our Users or others.
Non-Personally Identifiable Information
We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain OVM services, or to comply with the terms of our music licenses.
OVM may allow third-party ad servers or ad networks to serve advertisements on the OVM or BVM sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on OVM. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. OVM does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks OVM to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.
Children’s Privacy
OVM’s services are directed toward and designed for use by general audiences and are not targeted to children or minors. If OVM nevertheless discovers that it has received personal information from a child or minor, then OVM will delete such information from its systems. Additionally, a child or minor’s parent or legal guardian may request that the child or minor’s information be deleted from OVM’s files by contacting OVM at [email protected].
Security
OVM uses reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to OVM and you do so at your own risk. Once we receive your transmission of information, OVM makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
You should take steps to protect your account by, among other things, choosing a strong, unique password for each account that nobody else knows or can easily guess and keeping your log-in and password information private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, OVM will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Information
You may decline to submit personally identifiable information through the Service, in which case OVM may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You can review and correct the information about you that OVM keeps on file by contacting us directly at [email protected].
Additional Rights and Choices for California Residents. Certain additional rights may be available to you if you reside in California. Please see the “Your California Privacy Rights” section below to learn more about your rights and how to exercise them.
Third-Party Payment Processors
OVM does not collect or have access to any credit card information. When you make a purchase through OVM, we use a third-party credit card processor to process your credit card purchases. To make this possible, your name, address, email, phone number and your credit card’s type, number, expiration date and CVC number and your order total (collectively referred to as your Billing Information) will be shared via secure (encrypted) means with this third-party payment processor for the sole purpose of completing your order, and if you select the option of storing your information for subsequent purchases, it will do so. Please note that your Billing Information is transmitted via secure means to our third-party credit card processor and stored by such third-party credit card processor and not OVM. The third-party credit card processor’s privacy policy will apply to the information you provide on the third-party credit card processor’s web site. You hereby acknowledge and agree that OVM is not affiliated in any way with the third-party credit card processor and that we have no responsibility or liability for the services provided by such third-party credit card processor or for the third-party credit card processor’s acts or omissions.
Links to Other Web Sites
We are not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.
Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, in-application notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by OVM in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at [email protected].
Your California Privacy Rights
If you are a California resident, the following additional rights may be available to you.
Your California Privacy Rights as provided by California Civil Code Section 1798.83: A California resident who has provided personal information to a business with whom they have established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure. The business may comply with the law by notifying the customer of their right to prevent disclosure of personal information and providing a cost-free means to exercise that right.
The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.
Disclosures About Your Personal Information
We collect the following categories of personal information, as defined in the CCPA, from or about you and may have disclosed this information for a business purpose:
- Identifiers, such as your business name, IP address, email, and other similar identifiers;
- Commercial information, such as the music selections you play;
- Internet or other electronic network activity information, such as your location’s activity on the OVM Services;
- Audio, electronic, or other similar information; and
- Inferences based on the information we collect from or about your business location which we use to better understand your preferences and behavior, including to customize Content and advertising for you.
Our Privacy Policy includes additional information about our data practices. You can learn more about the categories of personal information we collect from or about you and the categories of sources from which we collect this information in the Information We Collect section, the business or commercial purposes for collecting this information in the How We Use Your Information, and the categories of third parties with whom we have shared personal information for a business purpose in the How We Share Your Information section.
Right to Know
You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you as well as information about how we collect, use, disclose, and “sell” personal information.
Right to Delete
You have the right to request the deletion of personal information that we collect or maintain about you and your account. Please note that requesting deletion will require the cancellation and deletion of your account which, upon completion, cannot be undone. Please also note that this deletion does not ensure complete or comprehensive deletion of the information as there may be circumstances in which the law does not require or allow removal.
Right to Opt Out of “Sale”
OVM may disclose certain information about you if you are a registered user of the OVM Services for purposes that may be considered a “sale” under the CCPA. For example, we currently do not, but in the future may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests on the Services. This information may include identifiers such as your IP address, advertising identifiers, your email address (in a de-identified or hashed form), age and gender, your internet or other electronic network information such as your interaction with an ad, and geolocation data. We may also disclose to our content programmers information about you, which may help personalize your experience and ads you see on OVM as well as other platforms and services, as further described in our Privacy Policy. To opt-out of having your information included in any such “sale”, send an email to [email protected] with “California Privacy Rights Request” in the subject line and state in the body of the email that you wish to opt out of any such sale. As a reminder, OVM does not currently engage in any activities that would qualify as a “sale” under the CCPA.
How to Exercise Your CCPA Rights
We provide these rights, subject to a verifiable consumer request, to account holders regarding personal information collected by us in connection with your account, including any profiles. To submit a request to exercise these rights, send an email to [email protected] with “California Privacy Rights Request” in the subject line and state in the body of the email the specific right you wish to exercise (Right to Know, Right to Delete, or Right to Opt Out of Sale). Depending on the nature of your request, we may require proof of identity. We also reserve the right to charge a fee where permitted by law, especially if your request appears unfounded, excessive, or abusive. We will use reasonable efforts to respond to your request within all applicable timeframes.
If you are not a registered user of the OVM Service and do not have OVM account credentials, please note we have limited information about you. You will be required to verify your request, including by providing your name and the email that you believe we have collected about you. Please send an email to [email protected] that includes the specific rights you wish to exercise. Depending on the nature of your request, we may require proof of identity.
If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those differences are reasonably related to your information. For example, if you exercise your right to opt out of “sale”, the ads you view may not be as tailored to your interests.