Privacy Policy

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Last Updated: April 11, 2016


TOUCHTUNES PRIVACY POLICY

TouchTunes Music Corporation (“TouchTunes”, “we” or “us”)values its customers and respects your privacy, and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through our websites that link to this Privacy Policy, including those currently located at myTouchTunes.com, TouchTunes.com, and developer.touchtunes.com; our TouchTunes mobile apps; and our TouchTunes network of jukeboxes and jukebox locations(collectively, the “Network”).


Please note that this Privacy Policy does not apply to information collected through any means other than the Network, although you may opt out from certain uses and disclosures of your Personal Information by us with respect to all Personal Information (as defined below) collected by us, regardless of whether such information is collected through the Network or otherwise, to the extent described below under the “Choices and Access” section.


We encourage you to read this Privacy Policy before using the Network or providing information to us. By using the Network or providing information to us, you acknowledge that we may collect, use and disclose your information in accordance with this Privacy Policy.


UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Please refer to the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above.Using the Network or providing any information to us after such changes will constitute an acknowledgement of the revised Privacy Policy and your consent for us to collect, use, and disclose your Personal Information in accordance with the revised Privacy Policy.


PERSONAL INFORMATION

We collect two types of information through the Network: Personal Information and Other Information. “Personal Information” is information that identifies you as a specific individual. Other Information is discussed separately below, under the “Other Information” heading.


PERSONAL INFORMATION WE COLLECT

We and our service providers may collect certain Personal Information, such as:


  • Name
  • Address
  • Telephone number
  • Email address
  • Credit and debit card number
  • Your photographic depiction (e.g., in a profile photo or “PhotoBooth” photo)

We may use a third-party payment service to process payments made through the Network. If you wish to make a payment through the Network, your Personal Information may be collected by such third party and not by us and, if so, will be subject to such third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.


Please note that if you use Facebook or any other third-party social media account in connection with the Network (e.g., by registering for an account on the Network using any such social media account, or linking your Network account with any such social media account), then we may receive information, including Personal Information, applicable to you or your friends through such third-party social media platform, and we may use and disclose such information in accordance with this Privacy Policy. Similarly, if you link your Spotify account to the Network, we may receive information, including Personal Information, about music you have played, and we may use and disclose such information in accordance with this Privacy Policy.


We may receive your Personal Information from other sources, such as public databases, joint marketing partners, payment processors and facilitators, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, andfrom other third parties.


If you submit any Personal Information to us relating to anyone other than yourself, you represent that you have obtained from that person any consents necessary for the use and disclosure of that person’s Personal Information as described in this Privacy Policy.


HOW WE USE PERSONAL INFORMATION

We and our service providers may use Personal Information as follows:


  • To respond to your inquiries and fulfill your requests, including to contact you if necessary.
  • To process and fulfill your song plays and other orders, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order.
  • If you are using developer.touchtunes.com, to facilitate your development of an app incorporating our application programming interface (API).
  • To send important information to you regarding the Network, changes to our terms, conditions and policies, and other administrative information.
  • To send information to you by email, postal mail, telephone and other means about our products and services, and those of our subsidiaries and other affiliated entities (“Affiliates”), and those of other third parties, subject to your consent, if required by applicable law.
  • To help us improve our users’ experience, including by learning more about your preferences to help personalize your experience with us.
  • To allow you to participate in sweepstakes, contests and similar promotions, and to administer such activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read any such rules carefully — in the event of a conflict between those rules and this Privacy Policy, those rules will govern.
  • To allow you to send messages to other users of the Network, or to friends through the Network.
  • If you are a bar owner or employee who signs up for our Bar Rewards Loyalty Program, to facilitate your participation in the program.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the Network or our other services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • To protect the security or integrity of our business and onlineproperties.
  • As we believe to be necessary or appropriate: (1) under applicable law; (2) to comply with legal process; (3) to respond to requests from public and government authorities; (4) to enforce agreements that we have with you or other users; (5) to protect our operations; (6) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (7) to allow us to pursue available remedies or to limit the damages that we may sustain.
  • As otherwise permitted by you.

HOW PERSONAL INFORMATION IS DISCLOSED

We and our service providers may disclose Personal Information as follows:


  • To our third-party service providers that provide services such as hosting, data storage, data analysis, payment processingand facilitation, order fulfillment, IT services and infrastructure, customer service, email delivery, auditing and other services, to enable them to provide services.
  • To our Affiliates and to other third parties for their own marketing and other purposes, subject to your consent, if required by applicable law.
  • To third-party sponsors of sweepstakes, contests and similar promotions, subject to your consent, if required by applicable law.
  • To identify you within the Network, and to anyone to whom you send messages through the Network.
  • As a result of posts or other disclosures by you, including on message boards, “check-in” functionality, chats, profile pages and blogs, and other services through which you are able to post information and materials. Please note that any information and materials that you post or disclose through such services, any music plays or playlists that you make or similar activity that you perform, any locations that you visit, and any DJ name, user name or profile photo that you select, may become public, may be associated together, and may be available to visitors to the Network, to your friends and other users on any applicable third-party social media platform, and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the Network. Please do not use your real name as your DJ name or user name. If you register for an account on the Network using a social media account, please note that your suggested DJ name or user name on the Network may be pre-populated with your profile name from such social media account; if so, we recommend selecting a different DJ name or user name for the Network that does not contain your real name.
  • To one or more third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceeding.
  • As we believe to be necessary or appropriate: (1) under applicable law; (2) to comply with legal process; (3) to respond to requests from public and government authorities; (4) to enforce agreements that we have with you or others; (5) to protect our operations or those of any of our Affiliates; (6) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (7) to allow us to pursue available remedies or limit the damages that we may sustain.
  • As otherwise permitted by you.

OTHER INFORMATION

“Other Information” is any information that does not identify you as a specific individual.


OTHER INFORMATION WE COLLECT

We and our service providers may collect Other Information such as:


  • Browser information
  • Server log files
  • App usage data
  • Information collected through cookies, pixel tags and other technologies
  • Physical location of your device
  • Demographic and profile information, and other non-personally-identifiable information provided by you
  • Aggregated information

HOW WE COLLECT OTHER INFORMATION

We and our service providers may collect Other Information in a variety of ways, including:


  • Through your browser or device: Certain information is collected through most devices, such as your Media Access Control (MAC) address, device manufacturer and model, device identifier, screen resolution, and the type and version of your operating system and browser. We may use this information to, among other things, ensure that the Network functions properly. In addition, an Internet Protocol (IP) address (i.e., a number that is automatically assigned to a device by an Internet Service Provider) is logged automatically in our server log files whenever a user visits the Network, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Network.
  • Through your use of our apps: When you download and use any one of our apps, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers, how you use the app and what information and files have been downloaded to the app based on your device number. Some of this information may be collected by Facebook, which may use it in accordance with its privacy policy, located at www.facebook.com/about/privacy.
  • Using cookies: Cookies allow a web server to store data on a user’s device for recordkeeping and other purposes. We and our service providers use cookies and other technologies to, among other things, enhance and personalize your online experience and understand and facilitate your ongoing use of the Network. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies.To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all features of the Network may not be available to you.
  • Analytics: Third-party services, such as Mixpanel, may be usedin connection with the Network. Such services use cookies and similar technologies to analyze how visitors use the Network, to compile statistical reports on activity related to the Network, and to provide other services related to the Network. Such services may also collect information about visitors’ use of other websites or other online resources. For information about Mixpanel, or to opt out of Mixpanel’sautomatic retention of data collected through your browser while using the Network, please go to https://mixpanel.com/terms/, and to the opt-out link available at https://mixpanel.com/optout/. Please note that any such opt-out may be managed through the use of cookies; if you use a different device or a different browser, or erase or otherwise alter your browser’s cookie file (including by upgrading certain browsers), you may need to opt out again.
  • Flash Local Stored Objects: We and our service providers may use a third-party technology, called Flash, in connection with the Network, including our online content. Flash provides a facility, called Local Stored Objects (“LSO”), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual’s device; for example, Flash LSOs can be used to store information regarding an individual’s device. If you do not want Flash LSOs stored on your device, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Network. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of the Network and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of Network users and email recipients, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.
  • Physical location and use of beacons: We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower, WiFi signals or beacons. When we use beacons, we may also collect additional information, such as your device identifier, the version of our app you are using, an ID associated with the beacon, your MyTouchTunes user ID and information regarding certain actions that you take (such as check-ins). We may use your device’s physical location and the other information we collect to provide you with personalized location-based services and content, including for marketing purposes, based on the choices you have made with respect to such uses. We may also use such information to understand traffic patterns in, near and across the venues where our jukeboxes are located. We may share aggregated statistics derived from the location and other information we collect with advertisers and other third parties. You may be permitted to allow or deny such collection of your device’s location,such as through the settings on your mobile device or, to avoid the collection of location and other information by beacons, by disabling Bluetooth. If you choose to deny such collection, we and our service providers may not be able to provide you with certain personalized services and content.
  • From you: We and our service providers may collect demographic and profile information such as your city,province, state or ZIP or postal code of residence, as well as other information, such as your preferred means of communication and your music preferences, education, hobbies, occupation, employer and information about your employer, when you voluntarily provide this information to usor our service providers. Unless combined with Personal Information, this information does not personally identify you or any other user of the Network.
  • By aggregating information: We and our service providers may aggregate Personal Information collected from you and other users, for example by using Personal Information to calculate the percentage of users who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other user of the Network.

HOW WE USE AND DISCLOSE OTHER INFORMATION

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes set out and described in this section, as well as use it and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.


In some instances, we may combine Other Information with Personal Information (such as combining your ZIP or postal codewith your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.


THIRD PARTIES AND THIRD-PARTY SITES

If you submit any information, including Personal Information, to any third party — for example, via a third-party software application or service, including any social media service, that is included in, available through or linked from the Network — then such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and will not be governed by our Privacy Policy. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.


In addition, if you submit any information, including Personal Information, through the “Careers” section of the Network, please note that TouchTunes and a third party (the “Career Information Collector”) will each separately and simultaneously collect a copy of such information. This Privacy Policy will govern TouchTunes’ disclosure and use of any such information as collected by TouchTunes, and the Career Information Collector’s Privacy Policy (currently available at http://newtonsoftware.com/applicants-privacy-policy/) will govern any disclosure and use of any such information as collected by the Career Information Collector. TouchTunes has no control over, and is not responsible for, any use or disclosure of any information as collected by the Career Information Collector.


We are not responsible for the information collection, usage, disclosure or other practices of any third parties, including our Affiliates, third-party service providers, third-party payment processors and facilitators, any third-party social media platform provider (such as Facebook, Twitter or Foursquare), any third party making available the devices or operating systems through which the Network is available (such as Apple Inc. or Google Inc.) and any third party operating any site to which the Network contains a link.The inclusion of a link on the Network does not imply that we endorse the linked site.


“DO NOT TRACK” SIGNALS

Please note that the Network will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal or similar mechanism is received from your browser.


SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data storage or data transmission over the Internet can be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.


Please exercise caution in submitting Personal Information throughthe Network, especially if you are accessing the Network using a WiFi hotspot or public network. If you have reason to believe that your use of the Network is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please let us know immediately, using the mechanisms described in the “Contacting Us” section below.


CHOICES AND ACCESS

YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION


We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:


  • Receiving promotional messages from us based upon your Personal Information: If you no longer want to receive promotional messages from us based upon your Personal Information, going forward, please follow the opt-out instructions contained in each such message. Please note that we may still send other messages to you, such as administrative messages.
  • Our sharing of your Personal Information with Affiliates and other third parties for marketing purposes: If you no longer want us to share your Personal Information going forward with our Affiliates and other third parties for marketing purposes, regardless of whether such information is collected by us through the Network or otherwise, you may opt-out of such sharing by sending a request to us at general@touchtunes.com. Please note that we will not be able to remove your Personal Information from the databases of any Affiliate or other third party with which we have already shared your Personal Information prior to implementing your opt-out request.

We will try to comply with your request(s) as soon as reasonably practicable.


HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION


We welcome your willingness to update your information with us.You may review or ask us to update your Personal Information byvisiting the “myAccount” page on myTouchTunes.com.


We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information in the databases of Affiliates and other third parties with which we have already shared your Personal Information, and, if we comply with your request, we may still need to retain certain information for recordkeeping and other purposes.


USE OF NETWORK BY MINORS

The Network is not directed to individuals under the age of thirteen.If you are under the age of thirteen, please do not use the Networkor provide any Personal Information to us.


JURISDICTION

The Network is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.


CONTACTING US

If you have any questions about this Privacy Policy, please contact us by email at general@touchtunes.com, or please write to the following address:


TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022


Please note that emails are not always secure, so please do not include credit card information or other sensitive information in anyemail to us.