TUNESAT PRIVACY NOTICE
Updated September 23, 2011
This Privacy Notice details how we receive, collect and use information in connection with our website at www.tunesat.com ("Site") and the your paid access for the use of our proprietary "audio fingerprint" tools and software (collectively with the Site, the "Service"). We collect information from you as visitor of the Site and as a paid subscriber to the Service.
By visiting and using the Site and Service, you accept the policies and practices described in this Privacy Notice, as such Privacy Notice may be amended from time to time. If you do not agree to the terms of this Privacy Notice, please do not use the Site or Service. We may update this Privacy Notice. When we do, we will also revise the "updated" date above. If we make a change in our data collection policy that would result in a materially more permissive use of your personally identifiable data, we will obtain your prior affirmative consent before implementing the change with respect to your data. You should also visit this page periodically to review any changes to the Privacy Notice.
When we use the phrase "Personal Information", we mean information about you that is personally identifiable, like your name, postal address, e-mail address, phone number, or financial information (such as account or credit card number) as well as other non-public information that is associated with this Personal Information. When we use the phrase "non-personally identifiable information" or "non-PII" in this Privacy Notice, we mean information that is not personally identifiable without other context or reference data, such as your usage patterns, purchase patterns, migration, preferences and general behavior on our Site. Non-PII does not enable direct identification of you.
2. COLLECTION OF YOUR INFORMATION
Information You Provide to Us:
To register for the Service, you will be asked to provide certain Personal Information through a registration form on the Site which will include billing information, login credentials, profile information and other information required for subscription. As a subscriber of the Service, you also provide us with various digital files, which we use to collect information about third party use of such files (as more fully described on the Site).
We may make message boards or social media forums available as part of the Service. Any information which you post to these forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all other members who have access to the Service, and is therefore no longer private and confidential.
We also collect and maintain other information that you voluntarily submit to us during your use of the Site and Service, such as:
information that you include in your user profile;
information you provide us from reviews, recommendations or posts as a consumer of products or services (including any actions taken on the Site and interactions with the third party websites);
information from the registration by you for a certain feature or function of the Site or Service (e.g., a newsletter, promotion or other product information);
information you provide in the course of email, customer support or when you submit a post to a forum; and
information regarding your purchase a product or service through the Site.
Information We Collect:
We also collect data about your activity on the Site and Service. Standard (server log) data collected includes browser information/type, IP address, HTTP code, bytes served, referrer URL, account activity/click stream data (page-by-page history of a person’s site usage, date and time, postings, etc.), and other preference information, as further described below. Our server logs do not record any Personal Information. Any or all of these activities with regard to your use of the Site or Service may be performed on our behalf by our services providers, including, for example, our analytics vendor(s) and our e-mail management partner(s). Here are examples of how we collect some of this data about your use of the Site and Service:
Cookies: if you have permitted your computer to accept cookies, we may use "cookies" to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. Cookies track where you travel on the Service and what you may look at and/or transact. They may store the information in your username and/or password, and we may use them to deliver specific messages to you. A cookie may enable us to relate your use of our Site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience with the Site and Service. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Site and Service.
Clear GIFs: we may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, on the Site and Service and/or in our communications with you to enable us to evaluate service usage information about visitors to the Site, target campaigns, upgrade visitor information, and know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data: our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Site; the Web site you visit after this Site; any ads you may see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Site and Service. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.
3. OUR USE AND SHARING OF YOUR INFORMATION
We collect Personal Information and non-PII primarily for the following purposes:
To maintain a record of registered subscribers of the Service or users of the Site.
To email subscribers or users of the Site and Service with news, updates, offers, and promotions from us and our advertising and marketing partners.
To manage the login process, maintain users’ personal preferences, and provide service announcements and administrative messages.
We collect this information for general purposes, including but not limited to, increasing the relevance of the Service to our users, and customizing the advertising, promotional and marketing messages and content you see.
We will not rent, sell, or share Personal Information with non-affiliated third-parties, except that we may disclose Personal Information under the following circumstances:
We may provide Personal Information to trusted third-parties who work on behalf of or with us. These third party companies and individuals may work with us to facilitate or enhance our Site and Service, to provide the Site and Service on our behalf, to perform tasks (e.g., without limitation, maintenance services, database management, web analytics, improvement of Site and Service and payment processing) or to assist us in analyzing how our Service is used. We attempt to ensure that such companies agree to maintain confidentiality, security and integrity of the Personal Information obtained from us. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. Please note, we use credit card information solely to process your payment as a subscriber to the Service for which you have provided that information. We utilize a third party payment service to process credit card payments. When you provide credit card information through the Site, that information will be sent directly to the third party payment service. We do not have access to your full credit card number and we only store the last four digits of your credit card number along with other billing information solely for the purpose of providing the Service to you. Information transmitted to third party payment services is encrypted. Our third party payment service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies. We are not responsible for the third party payment service’s failure to comply with such laws, rules and/or regulations.
We may disclose, sell or transfer Personal Information in connection with an assignment, sale, joint venture, or other corporate transfer or disposition of some or all of our assets.
At times we may be required by law or litigation to disclose your Personal Information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance that disclosure of information is necessary.
We may disclose your Personal Information if we believe such action is necessary to protect and defend our rights or property (including the enforcement of our agreements).
We may disclose your Personal Information if we believe such action is necessary to act in urgent circumstances to protect the personal safety of users of our services or members of the public.
4. MANAGING YOUR PRIVACY
You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on the Site or Service, you may have the opportunity to elect to, or not to: (1) receive correspondence from us (either on our behalf or on behalf of a third party), or (2) have your Personal Information aggregated with other users and shared with other entities for their marketing purposes.
Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your activities, transactions and communications with us. All non-promotional information regarding the Site and Service will be sent to you at the e-mail address you provide to us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request.
You can edit your Personal Information or user profile at any time by visiting your user profile page when you log in to the Site [link]. In order to delete your Personal Information, please contact the Administrator at the address below or click [here]. Keep in mind, however, that even if you delete information from your profile, we may retain your Personal Information in conformance with our data retention policy and there may be residual Personal Information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Privacy Notice.
You may request personal data deletion [here]. You may request that any particular personal data we receive from you be deleted from our database or that your account be deleted. Even after you remove information or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed, or it was copied or stored by other users.
Click [here] for an overview of tools to manage your privacy settings.
Protecting the privacy of the very young is especially important. We operate our website in compliance with the Children’s Online Privacy Protection Act (COPPA).
The Service is intended solely for users who are of adult age in their jurisdiction, and any registration by, use of, or access to the Service by anyone under the age of majority is unauthorized, unlicensed, and in violation of this Privacy Notice. By using the Service, you represent and warrant you are of adult age in your jurisdiction and that you agree to abide by all of the terms and conditions herein. We may terminate your account, project, and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, at any time in our sole discretion, with or without notice, including without limitation if we believe that you have misrepresented your age.
If you believe that we might have any information from a child under age 13, please contact us via email at:
We will take reasonable steps to protect the security and integrity of all Personal Information provided to us, including making your sensitive information available to our employees and agents on a need-to-know basis. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No method of transmission over the Internet, or method of electronic storage, is 100% secure.
If you contact us by e-mail or a "contact us" or similar feature on our Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
Passwords are encrypted and our policies preclude access to passwords by anyone at our company or our service providers except on a need-to-know basis. You are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site or Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at with the alternative contact information you wish to be used.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing." If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at .
7. THIRD PARTY ADVERTISERS AND WEBSITES
We do not actively share Personal Information with third party advertisers for their direct marketing purposes unless you give us your consent. Advertisers, however, may obtain public information about you from your user profile and other public sources.
Remember, third parties will have access to your Personal Information if you provide it to them. For example, if you want to buy offers, goods or services from through third party advertisers on the Site or Service, the transaction may be facilitated on the third party’s website. You will then have to provide the third party with the information required (such as for example name, shipping address, credit card info etc), which will them be subject to their specific privacy policies.
We may share aggregated anonymous (i.e., non-PII) information about you with third parties. Aggregated information is your anonymous information that is combined with the anonymous information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information, or limit the third parties’ use of the aggregated information.
8. CALIFORNIA PRIVACY RIGHTS
We do not share Personal Information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a advertising campaign or other promotion on our Service. If you do ask us to share your Personal Information with a third party for its marketing purposes, we will only share your information for that particular marketing promotion. To prevent the disclosure of your Personal Information for use in third party marketing, do not "opt in" to such use when you provide Personal Information to register for this Site.
9. CONTACT INFORMATION
If you believe we are not adhering to our Privacy Notice or you have any questions in connection with this Privacy Notice, please contact us at:
1650 Broadway, Suite 1108
New York, New York 10019
Last Updated: September 23, 2011
Copyright © 2011 Tunesat, LLC. All Rights Reserved.