Privacy Policy

1. INTRODUCTION

This is Tunespotter’s Privacy Policy (“Policy”). We respect your privacy and are committed to it through our compliance with this Policy.

Tunespotter is a music and entertainment discovery app that allows users to share and discover musical moments through a variety of media. We also own the domains what-song.com and whatsong.com which hosts one of the largest collections of movie and TV show soundtracks, allowing users to discover songs featured in various scenes. WhatSong leverages APIs from platforms like iTunes, Spotify, and YouTube, enabling users to stream music samples and videos directly. We are building a community of sync lovers and would love it if you allow us to keep in touch about all the exciting developments we have planned.

If you have any questions about our privacy practices, please use contact us at [email protected].

Individuals located in the European Economic Area (“EEA”) should also read our Notice to European Users below.

2. ABOUT THIS POLICY

Tunespotter, Inc. (“Tunespotter,” “we,” “us,” or “our”) provides its services to you through its websites located at www.tunespotter.com; www.what-song.com and www.whatsong.com (together, the “Sites”) and through its mobile applications and related services. This Policy sets out the essential details relating to your personal information relationship with Tunespotter. This Policy describes (i) the types of information we may collect or that you may provide when you register with, access, or use the Sites and/or purchase, download, install, register with, access or use the Tunespotter mobile app (the Sites and the Tunespotter mobile app are referred to herein collectively as the “Tunespotter Service”), and (ii) our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies only to information that we collect in the Tunespotter Service, and in email, text, and other electronic communications sent through or in connection with the Tunespotter Service.

This Policy does NOT apply to information (i) that we collect offline or on any Tunespotter websites other than the Sites, including websites that you may access through the Tunespotter Service; or (ii) that you provide to or is collected by any third party. Our other websites, apps, and other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

The aim of this Policy is to:

• Help you understand what personal information we collect from your activities, about you, the reasons why we collect and use it, and who we share it with;
• explain the way we use the personal information that you share with us in order to give you a great experience when you are using the Tunespotter Service; and
• explain your rights and choices in relation to the personal information we collect and process about you and how we will protect your privacy.

Please read this policy carefully. If you do not agree with our practices and policies, do not download, register with, or use Tunespotter Service. By downloading, registering with, or using Tunespotter Service, you agree to this privacy policy. This policy may change from time to time, so please check the policy periodically for updates. Your continued use of Tunespotter Service after we revise this policy means you accept those changes.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see the “How to Contact Us” section below.

3. PERSONAL INFORMATION WE COLLECT

PRIVATE INFORMATION

Content not publicly accessible to other users on the platform is considered private information.

There are three basic categories of private information we collect:

1. Information you provide.
2. Information we get automatically when you use the Tunespotter Services.
3. Information we get from third parties.

Here’s a little more detail on each of these categories:

(A) INFORMATION YOU PROVIDE

When you download, register with, or use Tunespotter Services, we may ask you to provide user information. User information is information by which you may be personally identified and may include your username, name, address, email address, phone number, birth date, location, country, and records and copies of your correspondence (including email addresses and phone numbers) if you contact us. It may also include information you include in a profile you build for yourself.

(B) INFORMATION WE GET WHEN YOU USE OUR SERVICES

When you download, access, and use Tunespotter Services we may use technology to automatically collect the following information:

• Device information. We collect information from and about the devices you use. For example, we collect:
  • information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone;
  • information about your wireless and mobile network connections, such as mobile phone number, service provider, IP address, and signal strength.
• Service usage information. Such as information about how you use the Tunespotter Service and interact with us, including your preferred language, the date and time when you first installed or used the Tunespotter Service and the date and time you last used the Tunespotter Service, and other information on the music and videos you play, where you play them, and how you share them.
• Content information. We collect content, such as playlists and comments, that you create on our services and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
• Online activity information. Such as information about your use of and actions on the Tunespotter Service, including pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. DSPs (Digital Service Providers) and certain third parties also may collect this type of information over time.
• Location information. When you use the Tunespotter Service we may collect real-time information about your location including your Country, Region, and City.
• Log information. We may also collect log information when you use the SitesTunespotter Service, such as:
  • details about how you’ve used our services;
  • device information;
  • access times;
  • pages viewed;
  • IP address; and
  • identifiers associated with technologies that may uniquely identify your device.

If you do not want us to collect this information do not access, download or use the Sites, Tunespotter mobile app or any other component or aspect of the Tunespotter Service, and delete the Tunespotter mobile app from your device if you have already downloaded the app.

(C) INFORMATION WE GET FROM THIRD PARTIES

When you use the Tunespotter Service or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Authentication partners. If you register for or log into our services using third party credentials (e.g. Spotify), we will import your information from such third party to help create your account with us.
• Technical service partners. We work with technical service partners that provide us with certain information, such as mapping IP addresses to non-precise location information (e.g., city, state), to enable us to provide the Tunespotter Service, content, and features.
• Advertisers and other advertising partners. We may obtain certain information about you, such as device id, phone number, and email address, and inferences about your interests and preferences.

These third parties may use tracking technologies to collect information about you when you use the Tunespotter Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

4. HOW WE USE YOUR PERSONAL INFORMATION

We collect and use your information to provide, maintain, and improve our services, and we do so based on a legitimate interest in operating and enhancing our platform and fulfilling our contractual and legal obligations:

• To develop, operate, improve, deliver, maintain, and protect our products and services.
• Provide you with the Tunespotter Service and its contents, and any other information, products or services that you request from us.
• To keep you engaged with the Tunespotter community
• To enable you to use Tunespotter Service features, including contributing to our Sites.
• To establish and maintain your account, if you choose to login to the Tunespotter Service using your social media account.
• To personalize our services by, among other things, suggesting friends, profile information, or customizing the content we show you.
• To contextualize your experience.
• To communicate with you about the Tunespotter Service, including by sending you announcements, updates, and security alerts, which we may send through a push notification or other means, and responding to your requests, questions and feedback.
• To provide technical support and maintenance for the Tunespotter Service.
• To perform statistical analysis about use of the Tunespotter Service.
• To store information about your preferences, allowing us to customize the Tunespotter Service according to your individual interests and enhance our services and your experience.
• To speed up our services.
• To estimate our audience size.
• To recognize you when you use Tunespotter Service.
• To send you communications. We may send you marketing communications related to our Service. You may change your user preferences in your account profile at any time.
• To display advertisements to you. We work with advertising partners to display advertisements within the Tunespotter Service. These advertisements are delivered by us on behalf of our advertising partners and may be targeted based on your activity use of the Tunespotter Service, or your other activity on our Sites.
• For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Tunespotter Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

5. HOW WE SHARE YOUR PERSONAL INFORMATION

We may disclose aggregated information about our users, and information that does not identify an individual without restriction. We may share your personal information in the following circumstances:

• Subsidiaries and affiliates. We may share your personal information with our subsidiaries and affiliates.
• Service providers. We may share your personal information with contractors or services providers that perform services on our behalf or help us operate the Tunespotter Service, including but not limited to customer support, hosting, analytics, marketing, and database management services. These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Policy and are prohibited from using or disclosing your information for any other purpose.
• Third-party platforms. If you have enabled features or functionality that connect the Tunespotter Service to a third-party platform, we may disclose the personal information that you authorized us to share. We do not control the third-party platforms’ use of your personal information, which is governed by that third party’s privacy policy and terms and conditions.
• Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• For compliance, protection, fraud prevention and safety. We may share your information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tunespotter, our customers, users or others. Additionally, we may share your personal information for the compliance, fraud prevention and safety purposes described above.
• Business transfers. In the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Tunespotter’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Tunespotter about Tunespotter Service users is among the assets transferred, we may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction).
• Court order or legal request. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• Enforcement. To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
• Other users. We may share personal information that you’ve made available to other users of the Tunespotter Service, with whom you share a connection.
• Consent. We may share your personal information for other reasons with your consent.
• Other Reasons Disclosed. We may share your personal information for any other purposes disclosed by us when you provide the information.

6. COMPLIANCE WITH LAW

We may be required to use and share your personal information to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

7. YOUR RIGHTS AND YOUR PREFERENCES

In this section, we describe the rights and preferences available to all users. Users who are located within the EEA can find additional information about their rights below in Section 15.

• Opt out of marketing communications and other push notifications. You may opt out of marketing-related communications and other notifications we may send you via push notification and other means by changing the settings on your device.
• Device permissions. You may revoke any permissions you previously granted to us, such as permission to access your camera, camera roll, or microphone through the settings on your device.
• Third-party platforms or social media networks. If you choose to connect to the Tunespotter Service via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Tunespotter Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.
• Opting Out of location tracking. Tunespotter uses limited geo-location information to identify the city and country in which you are located. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please note, however, that if you withdraw consent to Tunespotter’s collection of location information or disable or refuse cookies, you may no longer be able to utilize some features of the Tunespotter Service and/or the Tunespotter Service may not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

8. OTHER SITES, MOBILE APPLICATIONS, AND SERVICES

The Tunespotter Service may contain links to websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites, mobile applications, and online services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

9. RETENTION

We retain personal information for the period necessary to fulfil the purposes outlined in this Policy, unless a longer retention period is required or permitted by law, or an individual requests that we delete information about them.

10. CROSS-BORDER DATA TRANSFERS

Tunespotter is a US-based company, and our processing of personal information is governed by US laws and not the laws of other jurisdictions. This means that if you interact with Tunespotter from a country outside the US, we may transfer your information to the US for the purposes set out in this Policy. For residents of the EEA, please see Section 15.

11. CHILDREN

The Tunespotter Service is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using the Contact Form..

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

12. CHANGES TO THE PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. We will notify you of the changes as required by applicable law, such as by posting a notice on Sites, via an in-app notice or by email.

13. HOW TO CONTACT US

Please direct any questions or comments about this Policy or privacy practices to us by using the Contact Form.

14. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see section below

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Tunespotter Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the Contact Form.

15. NOTICE TO EUROPEAN USERS

The information provided in this “Notice to European Users” section applies only to individuals who reside in Europe.

Personal information. References to “personal information” in this Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and Responsible Person in the EU and UK. Tunespotter is the controller of your personal information covered by this Policy for purposes of European and UK data protection legislation. Our representative in the UK is Tunespotter Limited.

Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Policy are described in the table below.

Unless otherwise agreed with you, we will only collect basic personal data about you, which does not include any ‘sensitive personal data’ such as racial or ethnic origin, political preferences, religious beliefs and trade union membership. The information that we do collect and store may include your name, work address, email address and job title.

You can request to see the information we hold about you at any time. If you wish to raise a complaint on how we have handled your personal data, you can contact us using the Contact Form and we will investigate the matter.

YOUR RIGHTS

European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

• The right to access the personal data we hold on you.
• The right to correct and update the personal data we hold on you.
• The right to have your personal data erased.
• The right to object to processing of your personal data.
• The right to data portability.
• The right to withdraw your consent to the processing at any time for any processing of personal data to which consent was sought.
• The right to object to the processing of personal data where applicable.

You may submit requests concerning these rights by contacting us using the Contact Form.

If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here. https://edpb.europa.eu/about-edpb/about-edpb/members_en.

16. USE OF COOKIES

A cookie is a record that a website can send to a visitor’s internet browser so that the visitor’s computer will be recognized by the site on their return. Cookies allow our web server to recognize a computer or mobile device on connection to the Site, which in turn allows the server to make downloading of pages faster than on first viewing. In addition, cookies may also be used by us to establish statistics about the use of the Site by internet users by gathering and analyzing data such as: most visited pages, time spent by users on each page, site performance, etc. By collecting and using such data, we hope to improve the quality of the Tunespotter Service.

The data collected by our servers and/or through cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above. In any event, such information may not be kept for longer than one year. A visitor can set their browser to block the recording of cookies to minimize the amount of data that may be collected about your navigating the Tunespotter Service. The browser on a computer or mobile device can be set to notify the user when a cookie is being recorded on their computer’s hard drive or mobile device. Most browsers can also be set to keep cookies from being recorded on their computer or mobile device by enabling your web browser to refuse cookies. The procedure for refusal of cookies may vary for different software products. Please check with your internet browser software help, your software supplier, or your mobile device settings if you wish to refuse cookies. However, if you select this setting, you may be unable to access certain parts of the Tunespotter Service.

For more information about cookies, please see the Information Commissioner’s website home page or the Interactive Advertising Bureau.

17. CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.