Privacy Policy

Last Updated: July 20, 2020

This Privacy Policy explains how TouchTunes Music Corporation (“TouchTunes”, “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 TouchTunes.com, our TouchTunes and karaoke mobile apps and our TouchTunes network of jukeboxes and jukebox locations (collectively, the “Services”), contact our customer service teams, engage with us on social media, or otherwise interact with us.

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.

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 (such as selecting or playing a song on one of our connected jukeboxes or sending a credit to another user through the mobile app), fill out a form or complete a survey, participate in a contest or promotion, make a purchase, communicate with us via third party social media sites, apply for and/or participate in our loyalty programs, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, age, song choice and playlist information, geolocation, survey responses, your photographic depiction (e.g., in a profile photo or “PhotoBooth” photo), credit card and other payment information, and any other information you choose to provide, including user generated content such as photos.

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. 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.

  • Transactional Information: When you make a purchase or redeem a credit, 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 at any time (see Your Choices below for details), but note that location services must be enabled and you must share your location with us in order to use a jukebox.

  • 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.

    In addition, third-party services may be used in connection with the Services. Such services use cookies and similar technologies to analyze how visitors use the Services, to compile statistical reports on activity related to the Services, and to provide other services related to the Services. Such services may also collect information about visitors’ use of other websites or other online resources. For information about these services and the choices available to you, please see the Advertising and Analytics Provided by Others section 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 public databases, joint marketing partners, payment processors and facilitators, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties. 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. Similarly, if you link your Spotify account to the Services, we may receive information about music or artists you have played or like, and we may use and disclose such information in accordance with this Privacy Policy.

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, including to process and fulfill your song plays and other orders, 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;
  • To allow you to send credits to other users of the Services, or to friends through the Services;
  • If you are a bar owner or employee who signs up for our Bar Rewards Loyalty Program, to facilitate your participation in the program;
  • 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, rewards and events offered by TouchTunes 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 TouchTunes 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;
  • Provide you the benefits of our loyalty program if you are a member of our loyalty program;
  • For limited internal uses, provided the personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction; and
  • Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • To our affiliates for their own marketing and other purposes, subject to your consent, if required by applicable law.

  • With other users of the Services, such as if you post content in a publicly-accessible area of the Services or as a result of 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 your DJ name and the songs you are currently playing may become public and may be available to visitors to the Services, to your friends and other users on any applicable third-party social media platform, and to the general public.

  • To third-party sponsors of sweepstakes, contests and similar promotions;

  • To identify you within the Services, and to anyone to whom you send credits through the Services;

  • With vendors, service providers, and consultants that perform services for us, including website hosting, data storage, data analysis, payment processing and facilitation, order fulfillment, IT services and infrastructure, customer service, email delivery, auditing and other services, to enable them to provide services;

  • 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 TouchTunes 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 TouchTunes 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, such as the ability to send a photo to yourself or other users through PhotoBooth or to share credits with someone checked in to the same location as you. 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 TouchTunes and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, 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 store the information we collect on you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

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

TouchTunes is based in the United States and we process and store information in the United States and Canada. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

YOUR CHOICES

Account Information

You may update and correct certain account information you provide to us at any time by logging into your account in the TouchTunes mobile application. If you wish to deactivate your account, please email us at general@touchtunes.com, but note that we may retain certain information as required by law or for legitimate business purposes.

Location Information

When you first launch any of our mobile applications that collect precise 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. For example, you must have location services enabled in order to interact with a jukebox. 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 messages from TouchTunes by following the instructions in those messages. 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, Disclosure and Sale of Personal Information

Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or federal law, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, professional or employment-related information, inferences drawn about you, and other categories of personal information that relate to or are reasonably capable of being associated with 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.

Sale of Personal Information: California law requires that we provide transparency about personal information we “sell,” which for the purposes of the CCPA, broadly means scenarios in which TouchTunes has shared personal information with third parties in exchange for valuable consideration. In the preceding 12 months, we have “sold” the following categories of personal information: identifiers, geolocation data, and inferences. California consumers above the age of 16 have the right to opt out of these sales at any time. We do not knowingly sell personal information about consumers under the age of 16. Please visit our “Do Not Sell My Personal Information” webpage to learn more about how we sell information and to make an opt-out request.

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, sold 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 general@touchtunes.com. To opt out of sales, you can also visit our “Do Not Sell My Personal Information” webpage. 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.

Financial Incentives Program: You have the right to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights. However, the CCPA allows us to offer certain financial incentive programs that may result in different prices, rates or quality levels as long as we obtain your prior opt-in consent and the difference in price, rates or quality levels is directly related to the value that is provided to us by your personal information. We currently provide the following financial incentive program(s): Bar Rewards Loyalty Program and TouchTunes Mobile Rewards Loyalty Program.

The Bar Rewards Loyalty Program allows management and staff at TouchTunes venues to participate in sweepstakes and earn free jukebox credits based on the number of unique check-ins at their TouchTunes venue each week. Jukebox credits may be used to play songs on any mobile-enabled TouchTunes jukebox within the country in which they were earned. Additional personal information, such as identifiers, including name, phone number, and email address, may be required to participate in such sweepstakes. Management and staff at TouchTunes venues can opt-in to the Bar Rewards Loyalty Program by providing identifiers, including name, phone number, and email address, when they follow the sign-up process at https://www.touchtunes.com/barrewards/. Management and staff at TouchTunes venues may opt-out or withdraw from the program at any point by emailing us at general@touchtunes.com.

The TouchTunes Mobile Rewards Loyalty Program allows users to earn bonus jukebox credits based on the number of songs users play each month, and to earn special rewards, such as Play Next tokens and the ability to view the next songs in the queue, based on the total number of songs users play over time. Jukebox credits may be used to play songs on any mobile-enabled TouchTunes jukebox within the country in which they were earned. Play Next tokens allow users to skip the song queue and play their song choice next. Users can opt-in to the TouchTunes Mobile Rewards Loyalty Program by providing identifiers, including name, phone number, and email address, when they sign up for the program. Users may opt-out or withdraw from the program at any point by contacting support through the app or by emailing us at general@touchtunes.com.

THIRD-PARTY WEBSITES AND SERVICES

The Services may contain links, banners, widgets or advertisements that lead to third-party websites and may use third-party services (see the “Other Information We Collect When You Use Our Services” section in Collection of Information). Your use of each third-party website is subject to the privacy policy and terms and conditions of such third party, and not this Privacy Policy or our Terms of Service. Prior to providing any personal information or otherwise using a third-party 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.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at:

TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
general@touchtunes.com