Welcome to Go-Tune, a service provided by Melian Software Company and its subsidiaries, including Go-Tune, Inc.
· If you are located in theUnited States, Go-Tune Inc. is the Data Controller of your personal dataprovided to, or collected by or for, or processed in connection with, ourPlatform;
· If you are located outside theUnited States, Go-Tune Ltd. is the Data Controller of your personal dataprovided to, or collected by or for, or processed in connection with, ourPlatform;
· We may share your data withinour corporate group of companies that are related by common ownership orcontrol (“Melian Software Company”) and data of US users may be processed by Melian Software Company. on Go-Tune Inc.’s behalf.
The personal information we collect is related to providingthe Platform and its features and falls into three general categories:
We ask for and collect the below personal information whenyou use the Platform.
You don’t need to register for a Go-Tune account in orderto visit or use our Platform. However, certain Services require that youregister for an account and, by doing so, you will need to provide us withcertain information:
· Account Information - When you register any kind of Go-Tune account, you will need toprovide your email address (except when you sign-up with Facebook or Google anddon’t give your permission to share it with Go-Tune), your age, and choose apassword. In addition, if you purchase a Subscription, you will also need toprovide your real name, billing address, and payment verification information.
· Profile Information - you may choose, at your discretion, to provide additionalinformation for your public profile on Go-Tune – for example:
· Communications - When you communicate with Go-Tune by email or through thePlatform, or use the Platform to communicate with other users, we collectinformation about your communication and any information you choose to provide.
· Survey Information - If you participate in any survey, you may provide certainpersonal data as part of your response, unless you respond anonymously.
· Information You Post - You may provide personal data when you upload Sounds to thePlatform, or when you post comments, or contribute to community discussions.
· Usage Information - We collect information about your interactions with the Platform,including the pages that you visit and links you click on, streaming, offlinelistening or downloading tracks, uploading or recording tracks, connecting yourFacebook or Google account, sharing a Sound with another user, following orunfollowing another user, posting a comment, performing a search, the time,frequency and duration of your visits to the Platform, and whether you interactwith email messages, for example, if you opened, clicked on, or forwarded the emailmessage.
· Log Data – We automatically collect log information when you use thePlatform, even if you have not registered for an account or logged in. Thatinformation includes, among other things: details about how you’ve used thePlatform (including links to third party sites or services), Internet Protocol(IP) address, access times, your browser type and operating system, deviceinformation, device event information (e.g., crashes, browser type), and thepage you’ve viewed or engaged with before or after using the Platform.
· Location Data – When you use certain features of the Platform, we may collectdata about your general location (e.g. IP address). We use this data to provideyou with location-based services (such as advertising and personalizedcontent). Most mobile devices allow you to control or disable the use oflocation services for applications in the device’s settings.
· Device Information – We collect information from and about the devices you use,including how you interact with the Platform and information about the deviceitself, such as the hardware model, operating system, IP addresses, cookieinformation, device settings, mobile device and advertising identifiers, appsinstalled, browser type, language, battery level and time zone. Apple’s iOSAdvertising Identifier (IDFA) and Google’s Android Advertising ID are examplesof device identifiers. This information allows us to recognize and associateyour activity, and provide personalized content and advertising, consistentlyacross all of your devices.
· Software DevelopmentKits – We may use third parties including ourbusiness partners and service providers who use mobile SDKs to collectinformation and information related to how mobile devices interact with thePlatform. An SDK is computer code that app developers can include in their appsto enable ads to be shown, data to be collected and related services andfunctionality to be implemented. We may use this technology, for instance, toanalyze how you interact with content and advertisements and to enableanalytics or other features through mobile devices.
· Go-Tune Widget – Other websites may integrate Go-Tune widgets; when you visit awebsite with a Go-Tune widget embedded, we may receive certain information,including information about the website you visited. Go-Tune and the widget maybe able to recognize you in order to retrieve your library of content, and insome cases the widget may be used to show personalized content. We know whenyou interact with a widget, and websites containing the widgets may receivethis information as well.
· Single-Sign Ons – If you sign up for Go-Tune through a third party application likeFacebook or Google, you authorize us to collect your authenticationinformation, such as your username and encrypted access credentials, and otherinformation available through the third party application account, includingthe following information:
· Service Providers andBusiness Partners – We may also receiveinformation about you from our service providers and business partners,including companies that assist with payment processing, analytics,advertising, marketing, data processing and management (e.g. to measure adquality and responses to ads, and to display ads that are more likely to berelevant to you, including for Go-Tune products) account management, hosting,customer and technical support, content moderation, and other services which weuse to personalize your Go-Tune experience. We explain in more detail why andhow we use this information below.
We use the personal information we collect from you,including with the help of automated systems and decision making, for a rangeof different business purposes according to different legal bases of processingand subject to the choices you make in your Settings.
· Provide, Improve, andDevelop the Platform
o To operate and maintain your Go-Tuneaccount, and to provide you with access to and use of the Platform. Your emailaddress and password are used to identify you when you log into the Platform.Your device-IDs are used to ensure that you are in control of the devices thathave access to your Subscription.
o To identify you as the creatorof the Sounds that you upload, the comments that you post and/or the othercontributions that you make to the Platform.
o To provide creators with statsand insights about users’ listening behavior of their Sounds, (i.e. streamingand downloading their Sounds or following their profiles).
o We conduct surveys andresearch, test features in development, and analyze the information we have toevaluate and improve products and services, develop new features, and conductaudits and troubleshooting activities.
o If you purchase a Subscription,your name, address and payment verification information will be used to processyour account subscription and renewals and to collect your payment. All paymentverification information is transmitted using industry-standard SSL (SecureSocket Layer) encryption. Go-Tune also complies with the Payment Card IndustrySecurity Standards.
o Your email will be used to sendyou service updates and notifications about your account.
o To respond to you about anycomment or enquiry you have submitted.
o We use your age to enable agerestrictions.
· Maintain a Safe andSecure Environment
o Detect and prevent fraud, spam,abuse, security incidents, and other suspicious activity.
o Verify and authenticate youridentity and prevent unauthorized or illegal activity.
o Enhance the safety and securityof our products and services.
o Conduct security investigationsand risk assessments.
o To provide you with customerand technical support.
· Personalize Content,Advertising and Marketing
o To improve your experience onthe Platform by providing personalized content, recommendations, and features.
o To customize the content andmeasure performance of any email, push notification, or in-app message we maysend to you.
o Administer sweepstakes,contests, or other promotional activities or events sponsored or managed by Go-Tuneor its partners.
o Use automated systems anddecision making to profile user characteristics and infer preferences based oninformation that you provide to us, your interactions with the Platform andcontent, your profile information, and information obtained from third parties.This data is used to create groups of users, called segments, who share similarcharacteristics and interests; we use segments to serve personalized content,advertising, and marketing messages. We also use automated systems to associateyour activity over time across devices, and may associate activity and accountsunder a single user ID, in order to determine that certain devices are relatedto each other and provide you with a personalized experience across devices andplatforms.
o To deliver targeted marketingfor Go-Tune products on and off the Platform and measure the success of thosecampaigns. When you see our ads on a third party website or apps, we or thirdparty services we engage for this purpose, may collect information that yourbrowser or mobile app makes available when seeing the ad (e.g IP address,referral URL, browser details, timestamp of request), including whether a clickconverted to an actual purchase of a Subscription. Please see the privacypolicy of such third party websites to understand what data may be collectedand how to opt-out.
o Ads are more effective whenthey are shown to people who are likely to be interested in the product orservice advertised. For this reason, we use the information we collect andreceive to help us select which ads to show you on behalf of advertisers. Thisincludes information you choose to provide to us (e.g. age and gender) and makeavailable to us when you interact with the Platform (e.g. by listening, likingor creating playlists), as well as general location data. We may also displayads based on the page you’re on or content you have recently viewed, searched,or listened to. This allows us to show you ads that will likely be morerelevant and interesting to you.
o When we engage third partyservices such as ad-networks and exchanges that enable us showing you targetedads, we may also allow them to collect certain information such as cookie dataand device identifiers. That information is used to synch or match users to segmentsand serve targeted advertising, including based on device activity, inferredinterests, and general location information.
o Combine information we collectabout you with information from business partners and use it to serve morerelevant advertising.
We may use your data for otherpurposes, provided we disclose the purposes and use to you at the relevanttime, and provided that you consent to the proposed use of your personal data.
This section describes how the information collected orgenerated through your use of the Platform may be shared by you or by us.
· Through Your Profile – Any information in your public profile (other than your emailaddress) will be accessible by other users of the Platform, who may view yourprofile information, listen to and comment on any of your public Sounds, addthemselves to your list of followers, and send you messages. If you listen toany Sounds uploaded by a Go-Tune Pro user, the fact that you have listened tothose Sounds will be shared with that Pro user, and that you are following thatPro user, so that they can track the popularity of their Sounds. Similarly, ifyou comment on any Sounds on the Platform, your comments will be available toall users of the Platform.
· With Your Consent – We will disclose your information if you have agreed that we maydo so. We will make this clear to you at the point at which we collect yourinformation, including the purpose(s) for which we will use the data.
· Service Providers – We use a variety of service providers, some of who may be locatedoutside of the European Economic Area (“EEA”), to provide services to us or toour users on our behalf. These service providers have access to yourinformation solely to perform these tasks on our behalf, and are contractuallybound to implement appropriate organizational and technical security measuresto protect against unauthorized disclosure of personal data, and only toprocess personal data in accordance with our instructions and to the extentnecessary to provide their services to us. We need to share your information,including personal information, in order to ensure the adequate performance ofour contract with you.
· Content Partners – The Platform allows you to listen to a variety of audio content,including licensed streaming content from our commercial content partners. Weshare information with these content partners that license this content to usto help them understand how the content they provide is performing, includinginsights about general user listening trends and preferences. We use technicalmeasures to ensure the data is de-identified and/or aggregated so it does notidentify you directly. We share this data based on our legitimate interest inhelping content partners deliver high performing content and to ensure thefulfillment of our contract with those partners.
· Advertising – We share the data collected about you, generally in hashed,aggregated, or de-identified forms with advertisers and advertising serviceproviders and business partners in order to serve ads based on your interestsand measure the reach and effectiveness of those ads, including whether a usertook an action (e.g. purchase a product). We may also share cookie data anddevice identifiers with service providers for data matching purposes, in orderto improve ad targeting.
· Social Media – For users outside of the EU/EEA, where permissible underapplicable law, we may share your email address (in hashed form, so that itdoes not identify you) with Facebook in order to target you with ads for Go-Tuneproducts on Facebook and on third party websites and applications in the FacebookAudience Network. We also allow Facebook and other social media platformsto collect information through cookies and similar technologies like pixels inorder to serve ads for Go-Tune on those third party websites and apps and driveusers to our Platform. In order to measure the effectiveness of and optimizethese marketing campaigns, these technologies track activity taken acrossdevices after a user sees a Go-Tune ad, in order to determine performancemetrics like sign ups, visits to the Platform, and purchases. We undertakethese activities based on our legitimate interest in acquiring new customersand offering products we think you may be interested in. Any questions regardinghow these social media platform service provider processes your personal datashould be directed to such third party platform.
· Aggregated Data – We may also share aggregated information (information about ourusers that we render in such a way that it no longer identifies or referencesan individual user) and other pseudonymised information for regulatorycompliance, industry and market analysis, demographic profiling, marketing andadvertising, and other business purposes.
· Third PartyApplications – If you choose to connect your Go-Tuneaccount to other apps or social networks such as Facebook and Google you may besharing certain information with these apps or networks. Content that you sharewith Facebook will appear on your timeline and in your Facebook friends’newsfeeds. In the case of connected apps, you will need to provide the appdeveloper with full access to your Go-Tune® account in order to upload anddownload Sounds, or comment on, favorite, or repost Sounds from within the app.This means sharing your public information, plus access to your private Sounds.Go-Tune is not responsible for these other apps or networks, so please makesure you only connect your account with apps or services that you trust. Forinformation on how to control the information that you share, and how todisconnect your account from these apps, please see the Your Choices andControls section below. If you do not want this information shared withFacebook or Google, please change your Go-Tune Settings on ourPlatform or in those networks.
· Protecting our Rights – We may disclose your information if we feel this is necessary inorder to protect or defend our legitimate rights and interests, or those of ourusers, employees, directors, officers, or shareholders, and/or to ensure thesafety and security of the Platform and/or the Go-Tune community.
· Change of Control – We may also share your personal data as part of a sale, merger orchange in control of Go-Tune, or in preparation for any of these events. Anyother entity that buys us or part of our business will have the right tocontinue to use your data, but only in the manner set out in this PrivacyPolicy unless you agree otherwise.
Go-Tune maintains appropriate technical, administrative,and physical safeguards that are designed to prevent unauthorized access, useor disclosure of personal information we collect or store and to ensure a levelof security appropriate to the risk of varying likelihood and severity for therights and freedoms of natural persons that may be involved with our processingoperations. We regularly monitor our systems for possible vulnerabilities andattacks. However, it is not possible to guarantee the security of informationtransmitted over the Internet. You use the Platform and provide us withinformation at your own discretion and risk.
Go-Tune is not intended for use by children. Anyone underthe age of 16 in the EEA, or 13 in the United States and the rest of the world,is not permitted to use the Platform and must not attempt to register anaccount or submit any personal information to us. We do not knowingly collectany personal information from any person who is under the age of 16 or 13, asthe case may be, or allow them to register an account. If it comes to ourattention that we have collected personal data from a person under the age of16 or 13, as applicable, we will delete this information as quickly aspossible. If you have reason to believe that we may have collected any suchpersonal data, please notify us immediately at email@example.com.
We do our best to give you as much choice as possibleregarding the amount of information you provide to us, and the control you haveover that information.
· Managing Go-TuneSettings. If you register an account, you maymanage the content and information you share when you use Go-Tune through youraccount Settings, including for thefeatures explained below. You are solely responsible for keeping your Settings up-to-date.
o Email – You can adjust your Settings in the Notification tab to disableemail and desktop notifications (other than important service updates andessential notifications about the Platform or your account). All commercialemails and newsletters also allow you to unsubscribe at any time.
o Analytics – To control whether we collect analytics and usage information,including through cookies and similar technologies, you can adjust yourSettings in the “Analytics” tab.
o Marketing – If you do not want to receive personalized ads, offers or othermarketing messages for Go-Tune products or services, you can adjust yourSettings in the “Communications” tab.
o Advertising – If you do not want Go-Tune to deliver “interest based” orpersonalized ads for third party products, you can adjust your Settings in the“Advertising” tab. Please note, however, that even if you opt out ofpersonalized ads, you may still see ads, but they will likely not be asrelevant or useful to you.
o Content Sharing – It’s not possible to make your account entirely private. However,you do have the option to make all of your tracks, playlists and other uploadsprivate.
o Third Party Apps – If you have chosen to connect your account to a third-partyapplication, like Facebook or Google, you can disable permission for the app byadjusting your Settings in the “Connections” tab.
o Third Party Developers – Go-Tune has an open API, which allows third party developers tobuild some really cool apps as an extension of the Platform. If you wouldprefer that your Sounds are not made available to third party app developers,you can disable API access within the sound page for each of the Sounds thatyou upload. Click on the pencil icon in the waveform player, and uncheck the“Apps enabled” box at the bottom of the page. Please note that your publicprofile information will still be accessible, but this does not includeanything that is not publicly available on the Website.
· Managing DeviceSettings
· Managing BrowserSettings
· Additional Choices andControls
· Data Access andPortability
· Change or Correct Data
· Data Retention andDeletion
o We generally retain data for aslong as your account is in existence or as needed to provide the Platform.However, specific retention times can vary based on the context of theprocessing we perform and on our legal obligations.
o You have the right to ask us todelete all or some of the personal data we hold about you. If you have anaccount, you can also delete your account through the Settings at any time asdescribed below.
o We may need to retain some ofyour personal data even after you have closed your account if reasonablynecessary to comply with our legal obligations, or where we have a legitimateinterest in doing so (e.g. to prevent fraud and abuse and maintain and enhancesecurity).
· Objection to Processing
o You may object to processingyour personal information in some circumstances (in particular, where we don’thave to process the information to meet a contractual or other legalrequirement, or where we are using the information for direct marketing).
o If you object to suchprocessing Go-Tune will no longer process your personal information for thesepurposes unless we can demonstrate compelling legitimate grounds for suchprocessing or such processing is required for the establishment, exercise ordefense of legal claims or obligations.
o Where your personal informationis processed for direct marketing purposes, you may, under certaincircumstances, ask Go-Tune to cease processing your data for these directmarketing purposes.
· Restriction ofProcessing
· Withdrawing Consent
· Lodging Complaints
Pursuant to the California Consumer Privacy Act of 2018(“CCPA”), we are providing the following details regarding the categories ofpersonal information about California residents we have collected or disclosedwithin the preceding 12 months.
We collected, including through service providers, anddisclosed the following categories of personal information:
· Identifiers, such as your name,email address, birthday, profile name, as well as IP addresses, device IDs,mobile advertising IDs, anonymous Go-Tune user IDs, and other similaridentifiers;
· Payment and financialinformation you provide when you purchase a Subscription or use certain featuresof the Platform;
· Characteristics about you likeany gender information you choose to provide when you register an account onthe Platform;
· Commercial information, such asSubscription and other purchase or transaction information related to your useof the Platform;
· Internet or other networkactivity information, including browsing and search history and otherinformation about your use of the Platform, as well as information about howyou interact with ads for Go-Tune off the Platform;
· Geolocation data derived fromIP addresses;
· Audio, visual, and otherelectronic information, such as sound recordings, images, and comments;
· Education information to verifyyour student status if you purchase a Go+ for Students Subscription; and
· Inferences drawn from any ofthe personal information above to create a profile or segment about you so wecan provide you with personalized content and advertising.
We disclosed the categories of personal information above,including to our service providers and affiliates, for a range of operationalbusiness purposes, including:
· To operate and maintain thePlatform and your account;
· To market and sell our productsand services;
· To provide personalized contentand ads;
· To perform research anddevelopment;
· To perform data and businessanalytics;
· To detect and prevent fraud orabuse;
· To perform identityverification;
· To process Subscriptionpayments;
· To process user inquiries andrequests;
· To perform security and otherrisk testing;
· To undertake quality assurancemeasures;
· To maintain our systems andinfrastructure;
· To comply with law or exerciseor defend legal claims;
· To perform accounting, auditsand other internal functions; and
· To otherwise operate ourbusiness and achieve our business objectives
For purposes of CCPA, the disclosure of personalinformation to our advertising partners to provide you with personalized adsmay constitute a “sale” in some instances. The personal information disclosedis limited to the following:
· IP address and device ID
· Age and gender you provide
· General location information
· Inferred music preferencesbased on your use of the Platform
We do not otherwise “sell” personal information.
CCPA and other California law provides California residentswith the additional rights listed below. You may exercise any of the rightsdescribed in this section through the Help Center or by contacting us at firstname.lastname@example.org. Pleasenote that we may ask you to verify your identity before taking further actionon your request.
· Right to Access: You have the right to know and access what data we have collectedabout you over the past 12 months, including:
o The categories of personalinformation we’ve collected about you;
o The categories of sources fromwhich the personal information is collected;
o The business or commercialpurpose for collecting your personal information;
o The categories of personalinformation about you which we shared and/or sold;
o The categories of third partieswe have shared or sold personal information to; and
o The specific pieces of personalinformation we have collected about you.
· Right to Delete: You have the right to request that we delete personal informationwe have collected from you (and direct our service providers to do the same).In some instances, however, we may decline to honor your request where anexception applies.
· Right to Opt Out: You have the right to opt-out of any future “sale” of personalinformation about you by clicking here or by adjusting yourSettings in the “Advertising” tab.
· Other Rights: You can request certain information about our disclosure ofpersonal information to third parties for their own direct marketing purposesduring the preceding calendar year. This request may be made once a year. Youalso have the right not to be discriminated against for exercising any of therights listed above.
If you have questions or complaints about this PrivacyPolicy or our practices, please contact our Data Protection Officer by email email@example.com orwrite to us at Go-Tune Limited, Rheinsberger Str. 76/77 10115 Berlin, GermanyAttention: Data Protection Officer.
Last Amended: 06 January 2020