Privacy Policy

Untitled Document

PRIVACY POLICY

Last Updated:  July 7, 2014

Welcome to myTouchTunes.com, TouchTunes.com, TouchTunes mobile services, and the TouchTunes network of jukeboxes (collectively, the "TouchTunes Network").  The TouchTunes Network is operated by TouchTunes Music Corporation ("TouchTunes," "we," or "us").  This privacy policy describes how we treat the information we collect through the TouchTunes Network.

This Privacy Policy may be changed, modified, supplemented, or updated by us from time to time without advance notice.  You are encouraged to review this Privacy Policy periodically for updates and changes when you use the TouchTunes Network.  We may notify you about changes to this Privacy Policy by sending a notice to the e-mail address you provided to us, by placing a prominent notice on myTouchTunes.com or through other ways of providing notice.  Continued use of the TouchTunes Network after any update constitutes agreement to the new Privacy Policy.  If you do not agree to these terms, please do not use our services.

Information We Collect

Personal Information.  In order to use the TouchTunes Network, we require that you provide some personal information in order to register and participate in certain features, including creating an account.  We may collect and store any information that you choose to enter through the TouchTunes Network. This includes personal information, such as your name, e-mail address, telephone number, zip code, date of birth, and profile information (e.g., music preferences, education, hobbies, and occupation).  This also includes other information (personal and non-personal) that you may submit through the TouchTunes Network, including through any content that you provide, playlists you create, and music that you play.  We require that you provide some personal information in order to register and participate in certain features we offer, including to create an account. 

If you purchase products or services from us, we may collect information necessary to process your payment, such as your credit card or bank account number, and we will provide this information to our payment processing vendor.  Users are given the option, when entering their payment card information to make a purchase using the TouchTunes mobile application, to save their payment card information in the application in order to facilitate future purchases from TouchTunes.  This option is pre-selected, and if the User does not uncheck the applicable box, TouchTunes will store the payment card information securely to facilitate future purchases and will not use the information for any other purpose.  Users may direct TouchTunes to delete their payment card information and to no longer store it by following the instructions in the application.  Be aware that if your payment information is stored in the application it may be possible for a person who gains access to your mobile device to retrieve that information.  You may alternatively choose to have us cause your mobile session to expire immediately so that your payment is not stored locally on your device.  If you do so, our mobile application will require entry of a valid username and password before the application can be used again for future transactions.

In some cases, we may combine this information with personal information we have collected about you from other sources. 

Automatic Information.  We may automatically collect some information about your hardware devices (i.e., your computer or mobile device) when you access the TouchTunes Network.  For example, when you visit our web sites or utilize our applications, we may collect your IP address, type of Web browser software (such as Internet Explorer), referring web site, and the type of mobile device you use and your geographic location.  We also may collect information about your activity on the TouchTunes Network, such as information about your account usage, as well as information about how you interact with the online, mobile, and jukebox platforms of the TouchTunes Network.  We may combine this automatically-gathered information with other information, including personal information we have collected about you. 

Persistent Tracking.  When you use the TouchTunes Network, we may use technologies that will allow our service to remember who you are or to record information about your use of the service − for example, which songs you like − between sessions.  We also may track other information using these technologies; for example, if you arrived at myTouchTunes.com via a link from third-party site, we may include the URL of the linking page in a cookie that we store on your computer.  We may combine the information we collect through tracking technologies with other information, including personal information we have collected about you. 

Social Networking Information.  If you log-in to the TouchTunes Network through a social networking account (e.g., Facebook or Twitter), we may collect and store information about you from that social networking account, including your name, email address, gender, birthday, profile photograph, and other information associated with your social networking account.  By connecting your account to social networking account, you are sharing your user name and profile picture with other users of that service and with the TouchTunes Network.  In addition, we may automatically post to your social networking account certain types of activity from your use of the TouchTunes Network. This means that your friends and others who have access to view information about your social networking account will also be able to see that you used the TouchTunes Network and/or certain activity you engage in on the TouchTunes Network.  Please be aware that access to this information is in large part controlled by the Privacy Settings you choose on the social networking service.  A social networking service may also import, use, and retain this information.

How We Use This Information

We may use the information we collect to provide, analyze, and improve our services.  These uses include:

  • Providing you with the products and services you request and with legal notices or information about changes to this Privacy Policy and our Terms of Use;
  • Managing your account, including sending you information related to your account, profile, and TouchTunes Network memberships;
  • Responding to your requests, questions, and comments;
  • To better understand your interests in order to provide you (and enable our partners to provide you) with promotional materials, relevant content and advertisements, surveys and questionnaires, and other materials, including recommendations about music and events;
  • Facilitating communications between you, your friends, and other TouchTunes Network users;
  • Soliciting information and feedback from you, including through surveys and questionnaires;
  • Informing you about changes or updates to our policies or services;
  • Performing business analysis or for other purposes to improve the quality of our business, the TouchTunes Network, and the products and services we offer; 
  • As we believe is necessary to protect our rights and the rights of others, including by enforcing our Terms of Use; and
  • As otherwise described to you at the point of collection or pursuant to your consent. 

With Whom We Share This Information

We may share the information we collect about you in various circumstances, including:

  • With our authorized service providers that perform functions or provide services on our behalf (such as to transmit communications or advertising, or assist with transactions you initiate), although we require that these third parties limit their use of your personal information to providing the service for which the information was shared;
  • We may share your information with our affiliates — companies that control, are controlled by, or are under common control with, TouchTunes — as well as select partners.  These entities may use your information to make predictions about your interests and may provide you with special offers, promotional materials, advertisements, and other materials.  For example, when we partner with third parties to provide products and services, we may share information about your usage of TouchTunes services with these partners so that the experience and the content provided to you is tailored to your interests;
  • In aggregated or other non-personally identifiable form to third parties for various business purposes, including business analysis and advertising;
  • To selected third parties for direct marketing purposes, although you may choose upfront and at no cost that we not share your personal information with these third parties for the third parties’ direct marketing purposes, and you may also opt out from such sharing at any time afterward at no cost by following the procedures set forth below in “How you can change your sharing preferences.”;
  • To respond to subpoenas, court orders, or other legal process, in response to a request for cooperation from law enforcement or another government agency, or to establish or exercise our legal rights or defend against legal claims;
  • When we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law;
  • To enforce our Terms of Use and other agreements and policies, or otherwise protect or defend the rights or property of TouchTunes, its affiliates, or others, or the safety of the public;
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy; and
  • Otherwise pursuant to your consent. 

Third-Party Functionality

Some of the functionality on the Services may be provided by third parties that are not affiliated with TouchTunes.  These entities may collect or receive certain information about your use of the Services, including through the use of cookies.  TouchTunes is not responsible for the privacy practices of these entities. 

Contests, Sweepstakes, Promotions

You may wish to participate in contests, sweepstakes, and other promotions that we may offer from time to time.  Through these promotions, you may choose to participate in activities such as sharing information with others and sending e-mail invitations.  In connection with any contests, sweepstakes, and other promotions that we may offer from time to time, we use the information you provide to administer the contests, sweepstakes, and other promotions. We also may use the information to communicate with you, or the other people you select, about our, or our business partners, products, and services.

How You Can Access And Update Your Information

You can access and update the personal information you have provided on myTouchTunes.com by visiting the myAccount page on myTouchTunes.com. 

How You Can Change Your Sharing Preferences

You can opt out of further sharing of your personal information with third parties for the third parties’ direct marketing purposes at any time, at no cost, by emailing TouchTunes at general@touchtunes.com.

How We Protect Your Information

We have implemented procedures to help protect the information that you provide to us.  However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.  WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing, or otherwise offering any definitive promise of security in connection with your Information.  YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR ACCOUNT INFORMATION AT ALL TIMES.

Children's Privacy

We do not knowingly collect personal information from children under 13.  Should we learn that a child under 13 has provided us with personal information, we will delete that information from our database. 

International Transfers

Your information collected through the TouchTunes Network may be stored, processed, and accessed in the United States, Canada, or any other countries where we or our service providers have facilities.  We and our service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in Canada or the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By using the TouchTunes Network, you consent to the transfer of information outside your country and to the use and disclosure of information about you as described in this Privacy Policy.

Special Notice to California Residents

California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties.  To make such a request, please contact us to submit the request.

A Special Word About Your Profile And Other Public Forums

Please keep in mind that whenever you voluntarily disclose personal information online in public forums, that information can be collected and used by others.  This includes any information in your personal profile, such as information about your location, which you choose to make publicly available.  For this reason, we encourage users not to post any sensitive information, including personal information, in any public forums, including in areas of their profile that can be viewed by others. 

External Links

If any part of the TouchTunes Network links you to other websites, those websites do not operate under this Privacy Policy.  We recommend that you examine the privacy statements posted on those other sites to understand their procedures for collecting, using, and disclosing personal information. 

How You Can Contact Us

If you have any questions or concerns about this Privacy Policy, you may contact us by email at general@touchtunes.com or by mail at 850 Third Avenue, New York, NY 10022.

Cookies, Web Beacons, and Similar Technologies

TouchTunes—as well as certain third parties that provide content, advertising and other functionality on the TouchTunes Network uses a variety of technologies to learn more about how people use the TouchTunes Network and the Internet.  This section provides more information about some of those technologies and how they work.

Cookies. Cookies are small text files that websites and other online services use to store information about users on the users’ own computers.  For example, cookies can be used to store your sign-in credentials so that you do not have to enter them each time you return to a website.  Cookies also may be used to store a unique identification number tied to your computer so that a website can recognize you as the same user across different visits to the website.  You can configure your Internet browser to warn you each time a cookie is being sent or to refuse cookies completely. TouchTunes and the third parties that provide content, ads, or functionality on the TouchTunes Network, may use cookies to: 

  • Collect information about your browsing activities in order to provide you with more relevant content and ads, on and off the TouchTunes Network; and
  • Relate the information automatically collected when you use the TouchTunes Network to information we obtain from you directly or from commercially available sources.

Other Local Storage. We, along with third-party partners, use other kinds of local storage, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with the TouchTunes Network.  These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences.  These objects are stored in different parts of your computer from ordinary browser cookies, however.  Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls. 

Web Beacons. We, along with our third-party partners, may also use technologies called Web beacons that communicate information from your Internet browser to a web server.  Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Web beacon, the IP address of your computer, and the URL of the web page from which the Web beacon was viewed.  We and our partners use Web beacons for a variety of purposes, including analyzing the use of the TouchTunes Network and in conjunction with cookies to provide content and ads that are more relevant to you.