Last Updated: February 27, 2017
We collect two types of information through the Network: 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:
• Telephone number
• Email address
• Credit and debit card number
• Your photographic depiction (e.g., in a profile photo or “PhotoBooth” photo)
We may receive your Personal Information from other sources, such as public databases, joint marketing partners, payment processors and facilitators, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties.
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 process and fulfill your song plays and other orders, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order.
• If you are using developer.touchtunes.com, to facilitate your development of an app incorporating our application programming interface (API).
• To send important information to you regarding the Network, 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, and 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 help us improve our users’ experience, including by learning more about your preferences to help personalize your experience with us.
• To allow you to send messages to other users of the Network, or to friends through the Network.
• If you are a bar owner or employee who signs up for our Bar Rewards Loyalty Program, to facilitate your participation in the program.
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the Network or our other 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, payment processing and facilitation, order fulfillment, 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.
• To third-party sponsors of sweepstakes, contests and similar promotions, subject to your consent, if required by applicable law.
• To identify you within the Network, and to anyone to whom you send messages through the Network.
• As a result of posts or other disclosures by you, including on message boards, “check-in” functionality, chats, profile pages and blogs, and other services through which you are able to post information and materials. Please note that any information and materials that you post or disclose through such services, any music plays or playlists that you make or similar activity that you perform, any locations that you visit, and any DJ name, user name or profile photo that you select, may become public, may be associated together, and may be available to visitors to the Network, to your friends and other users on any applicable third-party social media platform, and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the Network. Please do not use your real name as your DJ name or user name. If you register for an account on the Network using a social media account, please note that your suggested DJ name or user name on the Network may be pre-populated with your profile name from such social media account; if so, we recommend selecting a different DJ name or user name for the Network that does not contain your real name.
• 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.
OTHER INFORMATION WE COLLECT
We and our service providers may collect Other Information such as:
• Browser information
• Server log files
• App usage data
• Information collected through cookies, pixel tags and other technologies
• Physical location of your device
• Demographic and profile information, and other non-personally-identifiable information provided by you
• Aggregated information
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 the Network 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 the Network, 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 the Network.
• Flash Local Stored Objects: We and our service providers may use a third-party technology, called Flash, in connection with the Network, including our online content. Flash provides a facility, called Local Stored Objects (“LSO”), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual’s device; for example, Flash LSOs can be used to store information regarding an individual’s device. If you do not want Flash LSOs stored on your device, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Network. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
• 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 the Network 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 Network 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.
• Physical location and use of beacons: We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower, WiFi signals or beacons. When we use beacons, we may also collect additional information, such as your device identifier, the version of our app you are using, an ID associated with the beacon, your MyTouchTunes user ID and information regarding certain actions that you take (such as check-ins). We may use your device’s physical location and the other information we collect to provide you with personalized location-based services and content, including for marketing purposes, based on the choices you have made with respect to such uses. We may also use such information to understand traffic patterns in, near and across the venues where our jukeboxes are located. We may share aggregated statistics derived from the location and other information we collect with advertisers and other third parties. You may be permitted to allow or deny such collection of your device’s location, such as through the settings on your mobile device or, to avoid the collection of location and other information by beacons, by disabling Bluetooth. If you choose to deny such collection, we and our service providers may not be able to provide you with certain personalized services and content.
• From you: We and our service providers may collect demographic and profile information such as your city, province, state or ZIP or postal code of residence, as well as other information, such as your preferred means of communication and your music preferences, education, hobbies, occupation, employer and information about your employer, when you voluntarily provide this information to us or our service providers. Unless combined with Personal Information, this information does not personally identify you or any other user of the Network.
• By aggregating information: We and our service providers may aggregate Personal Information collected from you and other users, for example by using Personal Information to calculate the percentage of users who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other user of the Network.
HOW WE USE AND DISCLOSE OTHER INFORMATION
In some instances, we may combine Other Information with Personal Information (such as combining your ZIP or postal code with your name). If we combine any Other Information with Personal Information, 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, third-party service providers, third-party payment processors and facilitators, any third-party social media platform provider (such as Facebook, Twitter or Foursquare), any third party making available the devices or operating systems through which the Network is available (such as Apple Inc. or Google Inc.) and any third party operating any site to which the Network contains a link. The inclusion of a link on the Network does not imply that we endorse the linked site.
Some or all of our apps may incorporate software from third parties, and, as a result, such third parties may collect, use and share Other Information, such as your device type, advertising identifier on your device and your location and other device usage information. All such information is collected and used, and may be shared, by these third parties in accordance with their privacy policies. If you no longer want allow these third parties to collect, use or share your Other Information going forward, you may opt-out of such sharing by visiting the “Settings” feature in the app in your User Profile.
“DO NOT TRACK” SIGNALS
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 the Network, especially if you are accessing the Network using a WiFi hotspot or public network. If you have reason to believe that your use of the Network is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please let us know immediately, using the mechanisms described in the “Contacting Us” section below.
CHOICES AND ACCESS
Your Choices Regarding Our Use and Disclosure of Your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
• Receiving promotional messages from us based upon your Personal Information: If you no longer want to receive promotional messages from us based upon your Personal Information, going forward, 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.
• Our sharing of your Personal Information with Affiliates and other third parties for marketing purposes: If you no longer want us to share your Personal Information going forward with our Affiliates and other third parties for marketing purposes, regardless of whether such information is collected by us through the Network or otherwise, you may opt-out of such sharing by sending a request to us at firstname.lastname@example.org. Please note that we will not be able to remove your Personal Information from the databases of any Affiliate or other third party with which we have already shared your Personal Information prior to implementing your opt-out request.
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 or ask us to update your Personal Information by visiting the “myAccount” page on myTouchTunes.com.
We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information in the databases of Affiliates and other third parties with which we have already shared your Personal Information, and, if we comply with your request, we may still need to retain certain information for recordkeeping and other purposes.
USE OF NETWORK BY MINORS
The Network is not directed to individuals under the age of thirteen. If you are under the age of thirteen, please do not use the Network or provide any Personal Information to us.
The Network 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.
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.