THE TOUCHTUNES TEMPO MANAGEMENT TOOL PRIVACY POLICY
TouchTunes Music Corporation (“TouchTunes”, “we” or “us”) values its customers and respects your privacy and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through our Tempo management tool ( “Tempo”), whether you use Tempo on a desktop, tablet or mobile device.
We encourage you to read this Privacy Policy before using Tempo or providing information to us. By using Tempo or providing information to us through Tempo, you acknowledge that we may collect, use and disclose your information in accordance with this Privacy Policy.
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time. Please refer to the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. Using Tempo or providing any information to us after such changes will constitute an acknowledgement of the revised Privacy Policy and your consent for us to collect, use, and disclose your Personal Information in accordance with the revised Privacy Policy.
We collect two types of information through Tempo: Personal Information and Other Information. “Personal Information” is information that identifies you as a specific individual. Other Information is discussed separately below, under the “Other Information” heading.
Personal Information We Collect
We and our service providers may collect certain Personal Information, such as:
If you submit any Personal Information to us relating to anyone other than yourself, such as a colleague or a customer, you represent that you have obtained from that person any consents necessary for the use and disclosure of that person’s Personal Information as described in this Privacy Policy.
How We Use Personal Information
We and our service providers may use Personal Information as follows:
· To respond to your inquiries and fulfill your requests, including to contact you if necessary.
· To send you alerts related to your jukeboxes and other devices.
· To send important information to you regarding Tempo, changes to our terms, conditions and policies, and other administrative information.
· To send information to you by email, postal mail, telephone and other means about our products and services, those of our subsidiaries and other affiliated entities (“Affiliates”), and those of other third parties, subject to your consent, if required by applicable law.
· To allow you to send messages to other Tempo users.
· For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying Tempo or our other products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
· To protect the security or integrity of our business and online properties.
· As we believe to be necessary or appropriate: (1) under applicable law; (2) to comply with legal process; (3) to respond to requests from public and government authorities; (4) to enforce agreements that we have with you or other users; (5) to protect our operations; (6) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (7) to allow us to pursue available remedies or to limit the damages that we may sustain.
· As otherwise permitted by you.
How Personal Information Is Disclosed
We and our service providers may disclose Personal Information as follows:
· To our third-party service providers that provide services such as hosting, data storage, data analysis, IT services and infrastructure, customer service, email delivery, auditing and other services, to enable them to provide services.
· To our Affiliates and to other third parties for their own marketing and other purposes, subject to your consent, if required by applicable law. TouchTunes Music Corporation is the party responsible for the management of the jointly-used Personal Information.
· To identify you within Tempo and to anyone to whom you send messages through Tempo.
· To one or more third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceeding.
· As we believe to be necessary or appropriate: (1) under applicable law; (2) to comply with legal process; (3) to respond to requests from public and government authorities; (4) to enforce agreements that we have with you or others; (5) to protect our operations or those of any of our Affiliates; (6) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (7) to allow us to pursue available remedies or limit the damages that we may sustain.
· As otherwise permitted by you.
“Other Information” is any information that does not identify you as a specific individual.
We and our service providers may collect Other Information such as:
· Tempo usage data
· Information collected through cookies, pixel tags and other technologies
· Physical location of your device
· Profile information and other non-personally-identifiable information provided by you
How We Collect Other Information
We and our service providers may collect Other Information in a variety of ways, including:
· Through your browser or device: Certain information is collected through most devices, such as your Media Access Control (MAC) address, device manufacturer and model, device identifier, screen resolution, and the type and version of your operating system and browser. We may use this information to, among other things, ensure that Tempo functions properly. In addition, an Internet Protocol (IP) address (i.e., a number that is automatically assigned to a device by an Internet Service Provider) is logged automatically in our server log files whenever a user visits Tempo, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering Tempo. We may also derive your approximate location through your IP address.
· Through your use of Tempo: When you use Tempo, we and our service providers may track and collect usage data, such as the date and time your device accesses our servers, how you use Tempo and what information and files have been downloaded based on your device identifier.
· Using cookies: Cookies allow a web server to store data on a user’s device for record keeping and other purposes. We and our service providers use cookies and other technologies to, among other things, enhance and personalize your online experience and understand and facilitate your ongoing use of Tempo. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all features of Tempo may not be available to you.
· Analytics: Third-party services, such as Mixpanel and Google Analytics, may be used in connection with Tempo. Such services use cookies and similar technologies to analyze how visitors use Tempo, to compile statistical reports on activity related to Tempo, and to provide other services related to Tempo. Such services may also collect information about visitors’ use of other websites or other online resources. For information about Mixpanel, or to opt out of Mixpanel’s automatic retention of data collected through your browser while using Tempo, please go to https://mixpanel.com/terms/, and to the opt-out link available at https://mixpanel.com/optout/. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Please note that such opt-outs may be managed through the use of cookies; if you use a different device or a different browser, or erase or otherwise alter your browser’s cookie file (including by upgrading certain browsers), you may need to opt out again.
· Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of Tempo and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of Tempo users and email recipients, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.
· From you: We and our service providers may collect profile information, such as your company’s name and contact information, when you voluntarily provide it.
· By aggregating information: We and our service providers may aggregate Personal Information collected from you and other customers. Aggregated Personal Information does not personally identify you or any other user of Tempo.
How We Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes set out and described in this section, as well as use it and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.
In some instances, we may combine Other Information with Personal Information. If we do, the combined information will be treated by us as Personal Information while it is so combined.
THIRD PARTIES AND THIRD-PARTY SITES
We are not responsible for the information collection, usage, disclosure or other practices of any third parties, including our Affiliates, any third party making available the devices or operating systems through which Tempo is available (such as Apple Inc. or Google Inc.) and any third party operating any site to which Tempo contains a link. The inclusion of a link on Tempo does not imply that we endorse the linked site.
Please note that Tempo will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal or similar mechanism is received from your browser.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data storage or data transmission over the Internet can be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.
Please exercise caution in submitting Personal Information through Tempo, especially if you are accessing Tempo using a WiFi hotspot or public network. If you have reason to believe that your use of Tempo is no longer secure (for example, if you feel that the security of your account with us has been compromised), please let us know immediately, using the mechanisms described in the “Contacting Us” section below.
Your Choices Regarding Our Use of Your Personal Information
If you no longer want to receive promotional email messages from us, please follow the opt-out instructions contained in each such message. Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request(s) as soon as reasonably practicable.
How You Can Access or Change Your Personal Information
We welcome your willingness to update your information with us. You may review and update your Personal Information by visiting the Profile page on the Tempo.
RETENTION PERIOD
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
SENSITIVE INFORMATION
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers; information related to racial or ethnic origin; political opinions; religion or other beliefs; health, biometrics or genetic characteristics; criminal background; or trade union membership) on or through Tempo or otherwise to us.
Tempo is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
If you have any questions about this Privacy Policy, please contact us by email at general@touchtunes.com, or please write to the following address:
TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
Please note that emails are not always secure, so please do not include credit card information or other sensitive information in any email to us.