Tracktl Privacy Policy

Effective as of 25th May 2018

1 Introduction
2 Key highlights of what you’re consenting to
3 The information we collect
4 How we use the information we collect
5 Sharing information
6 Your preferences
7 Transfer to other countries
8 Links
9 Security
10 Children
11 Accessing and updating user information
12 Changes to the Privacy Policy
13 Information about cookies, other technologies, and third-party data collection

Hello, and welcome to our Privacy Policy. This Privacy Policy helps you to make informed decisions about your relationship with us, so please read it carefully. We hope you’re sitting comfortably and getting ready for some great tunes. Here we go…

1. Introduction

Thanks for choosing Tracktl. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you.

The Privacy Policy is here to do three things:
- Explain the way we use information that you share with us in order to build a great product and give you a great experience with it;
- Ensure that you understand what information we collect with your permission, and what we do (and do not do) with it;
- Hold us accountable for protecting your rights and your privacy under this policy. All the information we collect is related to providing the Tracktl service and its features.

Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use Tracktl; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.

The first category includes:
- Registration information, including your name, birth date, address, and other information you provide when you sign up for Tracktl.
- Broad, non-specific location, which we derive from your IP address. Our licenses to deliver music and other content to you are location-specific, so we need to know what country you’re in. This also enables us to make music suggestions based on your general location.
- The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content.
- Technical and sensor information necessary to operate Tracktl. This includes the type of browser and device you use.

The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that.

Here are some examples:
- Your specific location: We will never gather or use your specific device location without first getting your explicit permission. This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations.
- Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or import content into a playlist.
- Your microphone: We will never access or use your microphone unless you give us explicit permission. This could enable you to control Tracktl with your voice, and you will always have the ability to disable access to the microphone.

The distinction between these two categories is important. Information in the first category is information you must provide in order to use Tracktl. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described. Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission.

We will be clear with you about how and when we might share information.

In some contexts, we will share certain information. For example, like most services, if you sign up for Tracktl through a third party like Facebook or other, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our partners to help them understand how the content is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer this service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time.

We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know at contact@tracktl.com.

Throughout this Privacy Policy we refer to the Tracktl Service or the Service. These terms are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).

2. Key highlights of what you’re consenting to

By using or interacting with the Service, you are consenting to:
- the use of cookies and other technologies;
- the transfer of your information outside of the country where you live;
- the collection, use, sharing, and other processing of your information, including for advertising-related purposes (as described in the rest of this Privacy Policy, so please keep on reading!); and
- the public availability of your information and the controls over such information as described in Sharing information.

In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the Tracktl entity, as data controller, indicated at the bottom of this document (collectively, “Tracktl”, “we”, “us”, “our”). In the Your Preferences section, we describe the controls and relevant settings associated with your Tracktl account. If you don't agree with the terms of this Privacy Policy, then please don't use the Service.

3. The information we collect

We may collect and store the following information

3.1. Registration data

When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use) (e.g., Facebook), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.

3.2. Usage, log data & cookies

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:
- information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other Tracktl users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;
- the details of the queries you make and the date and time of your request;
- User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service;
- technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Tracktl Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Tracktl application version.

You may integrate your Tracktl account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application. This includes, for example, your “Like”s and posts on Facebook. We may use cookies and other technologies to collect this information; you can learn more about such use in the section Information about cookies and other technologies of this Privacy Policy.

3.3. Your mobile device

We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Tracktl experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use Tracktl, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information.

In particular:
- Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.).
- Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address as described in Section 3.2 above, to determine, for example, what country you are in and comply with our licensing agreements.
- Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access.
- Contacts: We will not scan or import your contacts stored on your phone without first getting your explicit permission. We will only use the contact information to help you find friends or contacts who use Tracktl if you choose to do so, and we will not use contact information for any other purpose without first getting your separate explicit permission. Local law may require that you seek the consent of your contacts to provide their personal information to Tracktl, which may use that information for the purposes specified in this Privacy Policy.

3.4. Widget data

Other websites may integrate Tracktl widgets (such as the Tracktl Play Button or Tracktl TV Mode). When you visit a site with a Tracktl widget embedded, we may receive certain information, including information about the web page you visited. Tracktl and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.

3.5. Payment data

If you sign up for a Trial (as defined in the Terms and Conditions of Use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.

If you choose to pay by invoice, Tracktl may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.

BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORISE TRACKTL TO USE AND SHARE WITH OTHER COMPANIES IN THE TRACKTL GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO TRACKTL, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE TRACKTL SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO TRACKTL, ANY COMPANY IN THE TRACKTL GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH TRACKTL.

3.6. Sweepstakes, contests & surveys

From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.

3.7. Tracktl service providers and partners

We may also receive information about you from our service providers and partners, which we use to personalise your Tracktl experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below.

4. How we use the information we collect

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
- to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service;
- to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
- to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;
- to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Tracktl account settings); in the section Your preferences below, we inform you of the controls you can use to opt out from receiving certain messages;
- to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for Tracktl’s services;
- to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
- to process your payment or prevent or detect fraud;
- to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Tracktl, its users, or any other person, or the copyright-protected content of the Service;
- to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other Tracktl users; and as otherwise stated in this Privacy Policy.

5. Sharing information

This section describes how the information collected or generated through your use of the Tracktl service may be shared by you or by us.

5.1. Sharing by you

5.1.1. Generally

The Tracktl Service is a social service that offers many ways to find, enjoy, and share content. We encourage you to take advantage of these social features with others on the Service.

Your name and/or username, profile picture, and your Tracktl user profile will always be publicly available.

Playlists created or followed, your activity on the Service (e.g., what you listen to, music you share), recently played artists, your top tracks, your top artists, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username. Although this information is made public by default, in Your preferences below, we describe the controls that you can use, along with other relevant settings associated with your Tracktl account, to limit the sharing of your information.

Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your Tracktl activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request.

We may use your public information to promote the Service and to help others find and follow you and/or your Tracktl content, including through Facebook and other Third Party Applications and on websites that embed Tracktl widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined Tracktl or activity related to a Tracktl profile, such as adding or removing tracks from a playlist).

With your explicit permission, we may notify other users of your location. Likewise, with other Tracktl users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences.

Learn more about how to manage notifications, your publicly available information, and what you share with others in Your preferences below.

5.1.2. Third Party Applications

If you connect your Tracktl account to a Third Party Application, Tracktl may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, we inform you of the controls that you can use to limit the sharing of this information in the section Your preferences below. The Third Party Application may also provide similar controls.

If you log into a Third Party Application with your Tracktl account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.

Tracktl also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other Tracktl users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the Tracktl Service, regardless of your Tracktl account settings.

You understand and agree that a Third Party Application’s use of information collected from you (or as authorised by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and Tracktl’s use of such information is governed by this Privacy Policy and your Tracktl account settings.

5.1.3. Tracktl Community

When you join a Tracktl Community, your Tracktl username or your Facebook display name will be publicly displayed when you post User Content.

5.2. Sharing by Tracktl

5.2.1. Marketing and advertising

We may share information with advertising partners in order to send you promotional communications about Tracktl or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you.

Please see the section Information about cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options.

5.2.2. Service providers and others

We may from time to time share your information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. For example, we work with service providers to host our Tracktl Support Community Site and analytics providers to help us understand the use of our Services. Where a third party processes user data on our behalf (e.g., a hosting service provider), it is subject to security and confidentiality obligations consistent with this Privacy Policy and applicable law. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law.

5.2.3. Rights holders

The Tracktl service allows you to listen to fully-licensed streaming content. Tracktl shares information with the rights holders that license this content to Tracktl. The data that Tracktl shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information.

5.2.4. Certain Tracktl partners
If you access the Tracktl Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the Tracktl Service, such as whether and to what extent you have used the offer, activated a Tracktl account, or actively used the Service.

5.2.5. Other sharing

In addition to the above, we may also share your information with third parties for these limited purposes:
- to allow a merger, acquisition, or sale of all or a portion of our assets;
- to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of Tracktl, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
- to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
- to publish de-identified or aggregate information about the use of the Tracktl Service; and
- to allow other companies in the Tracktl group to use your information as specified in this Privacy Policy.

6. Your preferences

We provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on Tracktl, regardless of how you set your privacy settings.

To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for adjusting the relevant settings on Tracktl’s website.

Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use Tracktl carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the Tracktl Service or other services.

7. Transfer to other countries

Tracktl transfers, processes and stores information about our users on servers located in a number of countries. Accordingly, Tracktl may share your information with other companies in the Tracktl group in order to carry out the activities specified in this Privacy Policy. Tracktl may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. The Tracktl group will process your information as described in this Privacy Policy.

8. Links

We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.

9. Security

We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Tracktl Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.

10. Children

The Tracktl Service is not directed to children under the age of 14. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 14 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to Tracktl, please contact us at privacy@Tracktl.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at contact@tracktl.com.

11. Accessing and updating user information

You can view and amend much of the information we keep about you through your account and profile pages. In order to modify or delete any of your data, please send us an email to contact@tracktl.com. We will respond to your request within a reasonable period of time upon verification of your identity in accordance with local laws. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access to. If you have questions about your privacy on the Service, this privacy policy, or information we have about you, please contact us at contact@tracktl.com.

12. Changes to the Privacy Policy

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.

13. Information about cookies, other technologies and third-party data collection

This section describes use of cookies and other technologies. For further information about how information may be shared by Tracktl, please see the section Sharing by Tracktl.

13.1. What are cookies and other technologies?

A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognise your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.

There are also technologies such as mobile device identifiers and SDK integrations to help companies recognise your device when you return to an app or otherwise use the a service.

13.2. How we use cookies and other technologies

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them).

13.3. Manage your cookie and other preferences

Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences.

Please note that if you choose to block cookies, doing so may impair the Tracktl Service or prevent certain elements of it from functioning.

Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Tracktl Service.

We work with advertising partners to serve advertisements on the Tracktl Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads.

You hereby consent to the use of the cookies and other technologies described above.

13.4. More information

For more information about the use of cookies and how to block them, visit allaboutcookies.org, youronlinechoices.eu (Europe), or aboutads.info/choices (United States). If you have any questions or comments about our use of cookies, please contact us at contact@tracktl.com.

Thank you for reading our Privacy Policy. We hope you enjoy Tracktl!

Data controller:
Arkan SAS
12 rue des clos moreaux
92190 Meudon
FRANCE
RCS. 795 018 076

© Arkan SAS.