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PRIVACY POLICY

LAST UPDATED: April 4, 2021

 

This Privacy Policy explains how PlayNetwork, Inc. (“PlayNetwork”, “we” or “us”) collects, uses, and discloses information about you when you access or use our websites, mobile applications, and other online products and services that link to this Privacy Policy, including those currently located at theoctavegroup.com,www.playnetwork.com, moodmedia.com, (collectively, the “Services”), contact with our customer service team, engagement with us on social media, or other interaction with us. 

 

The Services permit third-party brands that are our customers and partners, including Mood Media, (“Partners”) to use music, content and technology to increase consumer engagement, in-store and beyond. This Privacy Policy does not apply to any information that we may collect in our provision of the Services to Partners or any personal information we may collect about consumers in the provision of the Services to Partners. PlayNetwork’s policies related to the collection, use, and disclosure of such information is governed by its contracts with the Partners. Additionally, your interactions with each Partner and use of each Partner’s website is subject to the privacy policy and terms and conditions of such Partner, and not this Privacy Policy or our Terms of Service. Prior to providing any personal information or otherwise interacting with a Partner or using a Partner’s website, it is your responsibility to review its privacy policy and terms of service, as we do not have any control or oversight over third-party privacy policies or practices or terms.

 

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by posting the updated policy on the Services; the “Last Updated” legend above indicates when this Privacy Policy was last revised. In some cases, we may provide you with additional notice, such as adding a statement to our homepage or sending an email notification to you. Any changes will become effective when we post the revised Privacy Policy. Your use of the Services following such changes means that you acknowledge the updated Privacy Policy.

 

CONTENTS

  • Collection of Information
  • Use of Information
  • Sharing of Information
  • Social Sharing Features
  • Advertising and Analytics Services Provided by Others
  • Transfer of Information to the U.S. and Other Countries
  • Your Choices
  • Your California Privacy Rights
  • Additional Disclosures for Individuals in Europe
  • Contact Us

 

COLLECTION OF INFORMATION

 

Information You Provide to Us

 

We collect information you provide directly to us.  For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, make a purchase or become a subscriber, communicate with us via third party social media sites, request customer support, or otherwise communicate with us.  The types of information we may collect include your name, email address, postal address, phone number, song choice and playlist information, geolocation, survey responses, credit card and other payment information, and any other information you choose to provide, including any user generated content such as a photo or video.

 

Other Information We Collect When You Use Our Services

 

When you access or use our Services or transact business with us, we automatically collect information about you, including:

 

  • Usage Information: We collect information about your use of the Services, such as the search terms you enter, products and pages viewed and selected, etc.
  • Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price and date and location of the transaction.
  • Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Location Information: We may derive the approximate location of your device from your IP address.  In accordance with your device permissions, we may also collect information about the precise location of your device.  You have the ability to stop the collection of precise location information of your device at any time (see Your Choices below for details).

 

Information Collected by Cookies and Similar Tracking Technologies:  We (and our service providers) use different technologies to collect information, including cookies and web beacons.  Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits.  Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.  For more information about cookies and how to disable them, see Your Choices below.

 

Information We Collect from Other Sources

 

We may also obtain information about you from other sources.  For example, we may collect information about you from third parties, including but not limited to mailing list providers and publicly available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.

 

Information We Derive

 

We may derive information or draw inferences from you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address.

 

 

USE OF INFORMATION

 

We use the information we collect to administer your account, deliver the Services you request and customize your experience with us.  We also use the information we collect to:

 

  • Provide, maintain and improve our products and Services;
  • Deliver the products and Services you request, or that are reasonably anticipated within the context of our ongoing business relationship, complete transactions, perform our contractual obligations, and send you related information, including confirmations and receipts;
  • Process your orders, payments, and account adjustments and initiate, render, bill, and collect payment for our products and Services;
  • Conduct internal research and development and make business decisions about current and future product and service offerings;
  • Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
  • Communicate with you about products, services, and events offered by PlayNetwork and others, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
  • Monitor and analyze trends, usage, and activities in connection with our Services;
  • Personalize your online experience and audit your interactions with our online ads, including by counting ad impressions and verifying positioning and quality of ad impressions;
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • Detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims, and provide other security protections, such as identity verification;
  • Protect users of our Services from fraudulent, malicious, deceptive, abusive, or unlawful activities of others;
  • Debug and repair errors in our products and Services and other activities to maintain and improve the quality and safety of our products and Services;
  • Cooperate with law enforcement and protect the rights (including free speech), interests, safety or property of PlayNetwork or our customers, service providers and other third parties;
  • Comply with and enforce applicable legal and regulatory obligations, and respond to governmental requests;
  • Enforce our policies, terms and conditions, or other agreements;
  • Defend against or pursue claims, disputes, or litigation – in court or elsewhere; and
  • Carry out any other purpose described to you at the time the information was collected.

 

SHARING OF INFORMATION

 

We will not share data except in the following circumstances:

 

  • With vendors, service providers, and consultants that perform services for us, including website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, removing repetitive data from customer lists, billing, and other services;
  • With our third-party partners with whom we work to provide you the Services, including with Mood Media;
  • With other users of the Services, if you post content in a publicly-accessible area of the Services, such as on blogs and other services to which you are able to post information and content;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of PlayNetwork or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among PlayNetwork and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
  • With your consent or at your direction.

 

We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.

 

SOCIAL SHARING FEATURES

 

The Services may offer social sharing features and other integrated tools, which let you share articles and other content on our Services with other media.  Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

 

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

 

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications.  These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information.  This information may be used by PlayNetwork and others to, among other things, analyze and track data, determine the popularity of certain content and better understand your online activity.  For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.  Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

 

DATA RETENTION

 

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

 

The criteria used to determine our retention periods include:

 

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

 

 

TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

 

PlayNetwork is based in the United States and we process and store information in the United States and other countries.  Therefore,  your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information.

 

ADDITIONAL INFORMATION REGARDING THE EUROPEAN ECONOMIC AREA (EEA): Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. The full list of these countries is available here. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures to protect your personal information. You may obtain a copy of these measures by contacting us at info@playnetwork.com or 14720 NE 87th Street, Redmond, WA 98052.

 

YOUR CHOICES

 

Account Information

 

If you would like to request to review, correct, update, suppress, restrict, or delete personal information that you have previously provided to us, object to the processing of personal information, or if you would like to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at info@playnetwork.com or 14720 NE 87th Street, Redmond, WA 98052. We will respond to your request consistent with applicable law.

 

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

 

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

 

Location Information

 

When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application’s collection of this information.  If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.  If you do so, our mobile applications, or certain features thereof, may no longer function properly.  You may also stop our collection of this location information by following the standard uninstall process to remove all of our mobile applications from your device.

 

Cookies

 

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

 

Promotional Communications

 

You may opt out of receiving promotional emails from PlayNetwork by following the instructions in those emails.  If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

 

Mobile Push Notifications/Alerts

 

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device.  You can deactivate these messages at any time by changing the notification settings on your mobile device.

 

YOUR CALIFORNIA PRIVACY RIGHTS

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act (California Civil Code Section 1798.100 et seq.) (CCPA). If you are a California resident, this section applies to you.

 

California Consumer Privacy Act

 

Additional Disclosures Related to the Collection, Use and Disclosure of Personal Information

 

Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, commercial information, Internet or other electronic network activity information, geolocation data, and inferences drawn about you. For examples of the precise data points we collect and the sources of such collection, please see “Collection of Information” above. We collect personal information for the business and commercial purposes described in “Use of Information” above.

 

Disclosure of Personal Information: We may share your personal information with third parties as described in the “Sharing of Information” section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, commercial information, Internet or other electronic network activity information, geolocation data, and inferences drawn about you.

 

Sale of Personal Information: PlayNetwork does not, and will not, sell the personal information of our users.

 

Your Consumer Rights

 

If you are a California resident, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) to opt out of sales of your personal information, if applicable. You may make these requests by emailing us at info@playnetwork.com. Once we receive your request, we will verify it by asking you to provide certain information (e.g., asking for your email address) or as otherwise required by the CCPA. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.

 

ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

 

If you are located in the European Economic Area or Switzerland, you have certain rights and protections under the law regarding the processing of your personal information.

 

The Octave Music Group, Inc. is located in United States and PlayNetwork, Inc. is located in the United States. PlayNetwork, Inc. is the party responsible for the management of the jointly-used personal information. See Schedule A for a list of our affiliates that are covered by this Privacy Policy.

 

Legal Basis for Processing

 

When we process your personal information, we will only do so in the following situations:

 

  • We need to use your personal information to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Services you have requested).
  • We have a legitimate interest in processing your personal information. For example, we may process your personal information to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
  • We find such processing is necessary to comply with our legal obligations.
  • We have your consent to do so. When consent is the legal basis for our processing, you may withdraw such consent at any time.

 

 

Data Subject Requests

 

You have the right to access personal information we hold about you and to ask that your personal information be corrected, erased, or transferred.  You may also have the right to object to, or request that we restrict, certain processing.  If you would like to exercise any of these rights, you can log into your account. Alternatively, you may contact us as indicated below.  

 

Questions or Complaints

 

If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside.  For contact details of your Data Protection Authority, please see:

http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm, or for Swiss residents, see https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

 

CONTACT US

 

PlayNetwork, Inc., located at 14720 NE 87th Street, Redmond, WA, 98052 is the company responsible for collection, use, and disclosure of your personal information under this Privacy Policy. If you have any questions about this Privacy Policy, please contact us at info@playnetwork.com or:

 

14720 NE 87th Street, Redmond, WA 98052

 

Because email communications are not always secure, please do not include sensitive information in your emails to us.

 

 

Schedule A

The Octave Music Group, Inc. (f/k/a TouchTunes Interactive Networks, Inc.)

PlayNetwork Limited

PlayNetwork HK, Limited

PlayNetwork Chile, SpA

PlayNetwork (Shanghai) Media and Technology Co., Ltd.

Octave Music Group Australia Pty Limited