Privacy Policy

Collection and Use of Information

We explain our “processing” of PII (defined below) through using words throughout such as “collect,” “record,” “extract,” and “use”. In addition to their plain meaning, these words mean any operation which is performed upon such personal information, whether or not by automatic means, including organizing, structuring, storing, altering, retrieving, consulting, disclosure by transmission, dissemination, restricting, erasing, and destroying, as applicable to the particular situation. All individuals whose responsibilities include the processing of Personal Information on behalf of Tunemunk are expected to protect that PII by adherence to this Privacy Policy.

Information Collected or Received from You

We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of our Services (including public features such as blogs, messaging and community forums), fill out a form, request customer support, submit a playlist or song, provide any contact or identifying information, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, and other contact or identifying information you choose to provide.

Registered User Information

If you create an Account, we’ll extract from your Third Party Account (as applicable) certain personal information that can be used to identify you, such as your name and email address (“Personally Identifiable Information” or “PII”), that the privacy settings that you have established on your Third Party Account permit us to access. In addition, if after you create an Account, you connect it with one of your Third Party Accounts, we’ll be able to access and collect certain information, including your PII, that your privacy settings on such Third Party Account permit us to access.

Visitor Information

If you don’t register for an Account, but join our newsletter for future features or subscribe to our mailing list for receiving updates from our blog, we’ll collect your PII, such as your name and email address. We may use your PII to contact you by email any time we release a new feature or update our blog.

Information We Collect Automatically When You Use the Services

Like many website owners and operators, we use automated data collection tools such as Cookies, Web Beacons, and Social Media Widgets to collect certain information.

“Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. We may also use third party cookies from Google, Facebook, and Twitter to measure the amount of End User conversions (how many ads result in sales) for our own advertising purposes and for Ad Campaigns on behalf of Registered Users. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some other third-party services providers that we engage may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages.

“Social Media Widgets”“Social Media Widgets” are social media features such as Facebook Share, Twitter Follow, YouTube Subscribe, Spotify Stream, SoundCloud Follow, Facebook Messenger Subscribe, and Pinterest Pin. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Automated Data Collection

Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Registered Users and non-Registered Users (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, other device identifiers, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. Such third parties include analytics service providers such as Google and Intercom. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Location Information

When you create your Account using a Third Party Account (as applicable) and when you connect your Account with your other Third Party Accounts, we may collect and store information about your location if your privacy settings on such Third Party Account permits us to access such information. We may use location information to improve and personalize our Services for you.

By accessing and using our Services, you consent to the processing and transfer of your information in and to the United States and other countries.

Use of Information Collected

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are a Registered User), and to enable you to enjoy and easily navigate our Services. We will use your PII (including your End User’s PII if you are a Registered User) to:

• provide and improve Services, communicate with you and provide customer support in relation to the Services.
• enable your Third Party Accounts to communicate with our servers in order to provide you Services.
• customize your experience and otherwise develop, measure and improve our Services
• tailor content, advertisements, and offers.
• administrative purposes such as measuring interest in our Services, developing new products, ensuring internal quality control, verifying individual identity, verifying Account information, and processing payments.
• run Ad Campaigns on your behalf
• send you relevant emails and communications (including keeping you informed about our products, offerings and any promotional offers) that might be of interest to you.
• enforce our agreements, terms, conditions, and policies, try to prevent potentially prohibited and illegal activities, and send you notices and alerts regarding the Services or your Account.

Information that We Share with Third Parties

We will not share any PII that we have collected from or regarding you except as described below:

Information Shared with Users

When you create your Page using the Services, Users will be able to view your playlist uploaded by you on the submission page and other Users may be able to access any PII or non-PII made available by you on your Page via the Services, such as a way to contact you by email address.

Information Shared with Registered Users

If you have interacted on a Submission or have subscribed or followed that registered user on your Third Party Account and we know this because you connected your Third Party Account with your Account or through interacting with the Registered User’s Content on the Services, and we have your email address, we will share your email address with such Registered User so that he or she can send you email notifications about his or her Promotions.

In addition, if you participate in a Promotion we will share Promotion Data, including PII, with the Registered User running the Promotion. This information is shared with the Registered Users so they can administer your participation in the Promotion and learn about their fans. These Registered Users may use your PII to message you inside and outside of the Services and are contractually obligated to comply with applicable law in their use of the Promotion Data they may receive from us about you.

Information Shared with Our Services Providers

We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust PII include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) customer service activities; and (iv) in connection with the provision of the Services. Tunemunk has executed appropriate contracts with the service providers that prohibit them from using or sharing PII except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

Information Shared with Third Parties

We may share with third parties, including advertisers and brands, anonymized, aggregated data we collect about Users, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, and information about the Registered Users that Users in non-personally identifiable demographic groups follow.

Information Disclosed in Connection with Business Transactions

Information that we collect from our Users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII and End User Data, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Choices

We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.

Opt-Out

1. Email Communications.We may periodically send you free e-mails that directly promote our Services. When you receive such promotional communications from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy, or information about billing. You will also be submitted songs from Users on the website if you submitted your playlist. Email hello@tunemunk.com to have your playlist submitted from the website.
2. PII Collection.Where you have consented to the collection of PII, you may rescind such consent by following one of the following two links:
   • Global Opt-out and deletion of all of your PII: Opt Out
   • Marketing communication only:Opt Out

   Even if you opt out, we may still collect and use information about you that is not PII regarding your activities on our Services and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as to determine the effectiveness of advertisements.

Modifying Your Information

You may inquire as to how we use your PII, request access to PII, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to hello@tunemunk.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of PII held about you by us. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with local laws.

Although we make good faith efforts to provide a User access to their PII, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your PII.

Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers. You may opt out for the collection of your social metrics using the features available on the Services.

The Security of Your Information

We take reasonable administrative and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links To Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-Party Service”). Any information that you provide on or to a Third-Party Service or that is collected by a Third-Party Service is provided directly to the owner or operator of the Third-Party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-Party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-Party Services that you access.

Data Retention

We retain the PII we receive as described under this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.

Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. If you learn that your child has provided us with PII without your consent, you may alert us at hello@tunemunk.com. If we learn that we have collected PII of a child under 13 or under 16 under certain jurisdictions we will take steps to delete such information from our files as soon as possible.

Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their PII for direct marketing purposes during the preceding calendar year and the categories of PII shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at hello@tunemunk.com with “California Privacy Rights” in the subject line.

Questions?

Please contact us at hello@tunemunk.com if you have any questions about our Privacy Policy.