PRIVACY POLICY FOR SERVICES

Updated as of October 2024

This Group Privacy Policy ("Privacy Policy") relates to TuneControl LLC, a US company with its principal place of business located at 30 N Gould St Ste R Sheridan, WY 82801 ("TuneControl") and its subsidiaries around the world, collectively referred to hereinafter as "TuneControl", "Us", or "We".

This privacy policy describes TuneControl's personal data processing practices for the digital distribution of music, the provision of products ("Products") and services ("Service(s)"), generally or through our websites and/or other electronic communication services (widgets, mobile applications or APIs), collectively or individually "Site(s)"). TuneControl acts as the data controller and its affiliates as the data processor.

We attach particular importance to the secure handling of data, its confidentiality, the protection of privacy and associated rights. Please read our Privacy Policy carefully.

By visiting this website, providing TuneControl with your personal data or other information on the sites, or subscribing to the services, or entering into a contract with us, you expressly acknowledge that you have read and agreed to the terms of this privacy policy.

This Privacy Policy is independent of other privacy, confidentiality or other service practices published by third parties, such as Facebook Inc., Apple Inc., Google LLC (Google Security Settings, Google Privacy Policy), Microsoft Corp., Twitter, TIK TOK or any mobile service operator or any third party operating a site or application or service to which the Site(s) or Services refer or redirect, in particular by means of a hypertext link, which We do not publish. We assume no responsibility in this regard.

If you are a performer, artist representative (producer, manager, independent label), customer, visitor to the Sites ("User(s)"), service provider, supplier, partner or processor who has entered into a contract with us (collectively or individually "You"; "Your"), this Privacy Policy applies to You.

Minors (as defined by law in various countries) ("Minors") may not subscribe to the Services or purchase Products on the Sites without first obtaining the consent of their parents or legal guardians and agreeing to this Privacy Policy. Parents and legal guardians are responsible for their minors' use of the Services, Products and Sites.

Pursuant to the California Consumer Privacy Act (CCPA) and other applicable data protection laws in the United States, we reserve the right to modify this Privacy Policy at any time. We will post a notice on the home page of the Site(s) to alert you of any changes, or send you a message through the applicable Service(s), and in some specific cases, you will receive an email notifying you of the modifications.

What information or personal data do we collect from you and why?

We may collect and process the personal data and other information listed below (collectively referred to as "Data") to perform our obligations under the contract you entered into with us, or to provide products or services to you.

We inform you that we do not collect or process sensitive personal data (i.e. data that directly or indirectly reveal racial or ethnic origin, political, philosophical or religious opinions or membership of a trade union, as well as genetic data, biometric data for the purpose of identifying a single natural person or relating to health or sexual life, and for any other purpose). We therefore ask you to refrain from sending us such data.

Specific information you must provide is outlined in our contracts and registration forms.
Personal data

Personal Data means information that relates directly or indirectly to You as an identified or identifiable natural person. Depending on the contract, the Sites, the Products or Services, Your status and/or the means of collection, this may be all or part of the following Personal Data:

Name and surname;
Postal address (billing or delivery);
Landline or mobile phone number (personal or professional, WhatsApp, SMS);
Email address;
Banking information (bank or other account information, bank account details, credit/charge card information, number, expiration date, visual encryption, certificate);
Driver's license, passport or ID number (document information, copy of document, certificate);
Language spoken or chosen for the Sites or Services
Any confidential information that helps you remember your personal identifiers or passwords or validate your identity and/or ownership of the moral or patrimonial work;
For minors: the last name, first name and email address of their parents or legal guardians;
For performers or their representatives only: their stage name, textual, graphic, photographic or video elements or sound elements and date relating to a sound recording reproducing the performance ("Recording") or videos reproducing an audiovisual work produced by fixation of images to illustrate the performance of a musical work and dates that is the subject of a Recording ("Music Video"); sleeves, words, videos, titles of works (compositions with or without words), dates, names, stage names, pseudonyms, biographies, videos and photos of performers, names of songs and albums and associated artists, the year of release of the songs and albums and the name of the person or entity that owns the rights to the songs on the album, arrangements and/or artwork;
The metadata necessary to identify the works fixed in recordings and music videos, and their assignees, in particular the names of the authors, composers, publishers, or any assignees, the ISWC, ISRC, UPC codes, etc.;
Only in case of registration of Services that require the collection of such information: the tax identification number;
Contents of the basket of products or services;
IP address (a number automatically assigned by your Internet access service provider or the MAC address of your electronic devices from which the Site(s) are accessed and which are subject to automatic identification and registration for each use of the Site(s);
User demographic data (e.g. age, gender, place of residence);
Data about users' tastes, music preferences (playlists) or other shared data collected from music platforms;
Technical information, such as cookies (for more information see Cookie Policy)
Geolocation data, in particular through GPS signals sent by mobile telephone devices: when Users use the geolocation services offered by the Sites, for example to offer them personalized advertisements, we will first collect their express consent (opt-in). In this case, Users may revoke this consent at any time (opt-out);
Data from third parties (e.g. contacts, friends) provided by users. You must obtain the express consent of such third parties before sharing their data with us.
If You have opted in to receive YouTube sound recording revenue services from TuneControl, in connection with the exploitation of Your content on YouTube, we store Your self-selected YouTube channel ID in the TuneControl database for the purpose of connecting revenue generated by Your content to Your YouTube channel. To authorize or deauthorize TuneControl's retrieval of Your YouTube channel ID, please access the OAuth consent settings.

Other information

We also collect other data that does not necessarily lead, directly or indirectly, to the identification of you as a natural person ("Other Data").

In such case, we will process it in accordance with the conditions and for the purposes set out in section 3. This Other Data may be:

Information about Users' Internet browser and devices for accessing the Sites, such as device type, screen resolution, operating system version, Internet browser type and version, as well as the type and version of the Service used. A unique identifier may be assigned to the device from which Users access the Services provided by us or its service providers;
Data relating to the use by users of widgets, mobile applications or other communication services: in this context, we may collect the unique identifier as well as other information relating to the connecting device in order to provide content and advertising to the devices. It may also collect the date and time of access to the servers, as well as the files and information downloaded;
Server log files to calculate usage rates of the Services, manage the Services, diagnose problems affecting the servers, or determine users' geolocation data;
Information collected through cookies, clear gifs, web beacons, pixel tags or other similar technologies (for more information, please read our Cookie Policy);
Demographic or other information that does not allow for personal identification;
Information about the use of the Services through analytical tools that allow us to offer you a better level of performance. The information thus collected can provide us with information about the most used services and functions, the type of equipment used, its characteristics, the country and language of download;
Cross-referencing information to create user profiles;
Responses to a survey or questionnaire sent by Us regarding your use of the Products, Services or the Sites.

How do we collect your data?

We collect your data from:

The contract you entered into with us;
The account you created or the services you subscribed to;
View, download or use a Site;
Your purchases, subscriptions or contact.
Your subscription to newsletters or other types of communications;
Your claims about a Product or Service;
Your purchase of tickets for concerts or events;
Public databases;
Trade or media partnerships for marketing or promotional operations related to our activity;
Using Your User's personal account through a social network, third-party platform or service to connect to one or more of Your accounts on the Sites. In such case, certain Personal Data from Your personal account on a social network or other third-party service may be shared (i.e. name, email address, photos, contact list, listening history, favorite songs or artists, and any other information that TuneControl has access to when You connect through Your personal account on a social network or any other third-party service);
Your participation through your personal account on a social network, third-party platform or service, or directly on Sites that host games, contests, lotteries, quizzes or any other promotional operation organized by Us.

We collect your other data through:
Browsers, devices and widgets and the use of other digital applications on such devices;
Server log files;
Cookies (for more information, please read our Cookies Policy:
Geolocation when users have given us their express consent;
The exchange of information and data.

Why do we process your data?

We process your data for:

Create and manage your personal accounts;
Comply with contractual obligations,
Provision of Services or delivery of purchased Products;
Carry out and process various payment transactions;
Respond to your requests or inquiries, or provide and improve customer service;
Organize, implement and manage your participation in games, contests, sweepstakes, quizzes or other similar promotional campaigns, surveys or other functions;
Communicate with you (for example, administrative, promotional or commercial communications);
Provide, improve, optimize and personalize your user experience and facilitate social media sharing features;
Implement, ensure and improve the security of the Sites or Services, combat fraud and prevent data security breaches, as defined in the GDPR;
Analyze, identify, improve and understand the operation of the Services and Sites and trends in the use of the Sites or Services;
Determine, personalize and improve the effectiveness of marketing and promotional techniques and adapt promotional and advertising campaigns to your objectives and needs;
Send, purchase or share gifts or links to albums or songs, music information, videos or other Services with contacts, friends and family or other Users
Comply with our legal obligations
Managing and administering your personal data in accordance with the GDPR

On what legal basis can we process your data?

We may process your data based on:

Your consent;
A contract you entered into with us;
A legal obligation;
Our legitimate interest (for example, to improve our Products and Services, to prevent fraud, to secure the Sites and Services, or to personalize our communications.

Who receives your data?

The data you send us, directly or indirectly, is only accessed by authorized persons, only when necessary and for the sole purposes mentioned in section 3 above. We ensure that such access complies with the security measures we apply.

The recipients of the data may be:

Our subsidiaries;
Third party providers with whom we work to facilitate the provision of the Services or access to the Sites, such as, but not limited to, hosting services, data analysis, processing of payment transactions and refunds for fees or orders for Products and Services, provision of infrastructure services, information technology services, customer support services, email distribution services, auditing or other similar services;
For Performers or their representatives only: the information provided may be used, among other things, to track sales of certain Recordings for ranking purposes. By using our Services, you agree that TuneControl may provide information about sales of Recordings or Music Videos to third parties (e.g. platforms), aggregate this information into charts, graphs and/or other supporting materials for comparative information, and also disclose it in accordance with the General Terms of Sale of the Services.
Third party providers or performers, producers or record labels may send advertising and promotional communications to Users, subject to the contract they have entered into with Us. In that case, Users will be deemed to have agreed to receive such content through traditional, digital or other means of communication;
Third party organizers or managers of promotional campaigns, such as games, contests, lotteries, etc.

TuneControl may also communicate your data to duly authorized persons, only when necessary for the sole purposes mentioned in section 3 above, in the following cases:
Comply with applicable laws, including those of countries outside your place of residence;
To respond to requests or requirements from public or government authorities, including those outside your country of residence;
To comply with or enforce the contract, the General Conditions of Sale and Use of our Services, or to protect our activities or those of our subsidiaries or those of our artists, managers, labels and producers;
Protect the rights, safety and property of TuneControl or its affiliates, artists, record labels, managers or producers;
To exercise or defend our legal rights or to have such rights recognized;
Take any necessary action or limit the damages or judgments that may be awarded against TuneControl or its affiliates;
For a reorganization, merger, acquisition, joint venture or any other form of transfer of all or part of TuneControl or its assets to any third party;
To carry out specific data transfers after receiving your explicit consent;
To satisfy a public interest;
To protect you, or third parties, from fraud, abuse, illegal acts or breach of contract, or the general conditions of use of the Sites or Services or the sale of Products;
You may also decide to communicate Your Data using the functions available on bulletin boards, discussion forums, chats, sharing profiles on social networks, blogs or through any other means proposed by service providers. In this case, such service providers will be responsible for the processing of Your Data and You should carefully read their privacy or confidentiality policies.
Any information, documents or data published or communicated by you in connection with the Services becomes public domain information and may therefore be made available to other users of the Services or distributed generally on the Internet or other communication networks. We shall not be liable under any circumstances for any consequences arising from the use or communication of any information or data that has been the subject of voluntary communication by you through any of the Services. We may use and communicate such Data in accordance with the general terms of use of the Services or Products.

How long do we use your data? (data retention period)

We retain data only for as long as necessary to execute the contract, achieve the intended purpose, meet your needs, execute the contract or comply with our legal obligations.

The data retention criteria we have established include:

The duration of the contract entered into by You with Us;
The retention period required by applicable law (i.e. accounting or archiving obligations);
The duration of your consent for a specific use;
For prospects (in the absence of any subscription to a Service or purchase of a Product): 1 year or less from the day of Data collection;
6 months or less for cookies or 13 months in specific cases (for more details, read our Cookie Policy)

When we no longer need to process your data, we will either delete it from our systems and databases or anonymize it so that you cannot be identified.

Hosting-storage and transfer of your data outside the United States

Our Services and Sites are controlled and operated from the United States. This Privacy Policy is subject to U.S. law. We take all necessary measures to host and store your data on servers.

Due to our global presence, some data may be collected, transferred, hosted and/or processed more generally outside of your country or jurisdiction of residence. Data protection and security requirements differ from place to place and may not offer the same level of protection as those in your country or jurisdiction of residence or home. Nevertheless, TuneControl and its affiliates take appropriate measures to protect the transfer of your data. Such measures include the use of data transfer methods approved by U.S. law, and written agreements with our processors to ensure that they process the Data they receive from Us in accordance with the law.

In light of the foregoing, law enforcement and/or regulatory authorities may access User Data in accordance with the applicable laws of such foreign jurisdictions.

We may, as specified in Section 5 above, where necessary, disclose your data to third party partners in order to ensure the maintenance and security of the Sites or Services, to offer certain features, or to improve the operation and appearance of the Sites and Services or to create new features.

We require such third parties to provide appropriate confidentiality and security safeguards, and to take appropriate physical, organizational, and technical measures to protect and secure your data in accordance with applicable law. Any transfer of data outside the United States will be governed by safeguard mechanisms approved by United States law and/or the competent local authorities.
Safety measures

We implement appropriate physical, technical, administrative and organizational security measures to best protect your data against loss, theft, misuse, abuse, fraudulent access, disclosure, alteration and destruction.

No data transmission over the Internet can be 100% secure, but we are committed to using industry-recognized security standards designed to protect against unauthorized access, disclosure and use of data.

These measures include, among others, the following:

Storage on secure servers within the United States and/or European Union;
Protection, including through data encryption processes, such as Secure Sockets Layer ("SSL") for credit card transactions and other banking payment operations that require Users to use an SSL-enabled browser, such as Safari, Netscape Navigator 3.0 (or later version), Chrome, Firefox or Internet Explorer;
Limited access by employees or third-party personnel to databases containing the Data;
Contractual obligations for our personnel who process the data that impose confidentiality requirements with which they must comply.

In addition, you have the option, on the Sites or when using the Services, to create an access account or a user account containing an identifier and a password that are considered to be known only to you in order to protect access to your account. To further protect your data, we recommend that you periodically change your password and that you do not under any circumstances reveal your identifiers to anyone.

Your rights

If you are a resident of the United States, you benefit from the protection of several privacy laws, including the California Consumer Privacy Act (CCPA) and other applicable state or federal laws. California residents benefit from the CCPA as follows:

Right to information: Right to obtain clear, transparent and understandable information about how we use your personal data.
Right of access: Right to access the personal data we hold about you.
Right to rectification, objection or restriction: Right to correct your personal data if it is inaccurate or incorrect, and/or to complete it. You may also limit the use or processing of your personal data.
Right to erasure/right to be forgotten: Right to request the deletion of your personal data, with certain exceptions provided by law. These exceptions may include the need to keep the data to comply with legal obligations or for legitimate interests. The deletion request may lead to the cancellation of your user account, preventing you from accessing our sites or services.
Right to Opt Out of Direct Marketing: Right to request at any time to stop receiving communications related to promotions, products or services. You can do this by using the unsubscribe links in promotional emails or by texting the word "STOP" in text messages. You may also opt out of receiving non-personalized communications. We will attempt to notify our business partners of your request, but you will need to contact them directly to cancel any subscription or registration.
Right to withdraw consent: If the processing of your personal data is based on your consent, you have the right to withdraw it at any time.
Right to data portability: Right to request a copy or transfer of your personal data to another platform. This applies only to data provided by you and processed by automated means.

To exercise these rights, please contact support@tunecontrolapp.com.

If we do not comply with your request, you may contact your local data protection authority. In the United States, you may contact the Federal Trade Commission (FTC) at www.ftc.gov or send correspondence to:

Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580, Estados Unidos.

What happens if a data breach occurs?

In accordance with applicable data protection laws, such as the California Consumer Privacy Act (CCPA) in the United States, or similar international regulations, if we are the victim of a data breach or become aware of such a breach, we will report it to the relevant local authority and, where legally required, notify you of such breach.

TuneControl will comply with other applicable laws containing security breach notification requirements, as appropriate, depending on the location of data subjects and other relevant factors.
How can you contact us?

To contact us, please go to https://www.tunecontroldistribution.com/contact/

Special notes for:

You can contact the TuneControl data protection officer at data@tunecontrolapp.com

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