Last Modified On: 01/01/2019
Personal Data That We Collect
When you interact with our Site, we collect information that, alone or in combination with other information, could be used to identify you (“Personal Data”).
Personal Data You Give Us
Host or Sender: When you register to use the Services, you voluntarily give us certain Personal Data, including your name, email address, and username. We may also collect additional information that you elect to provide, such as birthday, gender, zip code or similar information. If you register for an account by logging-in using your social media account (including Facebook and Google), the information we get from these accounts depends on your settings and the privacy policies of the social media platforms, so please check those policies to understand the privacy practices of those platforms.
The Services allow you to create musical greetings, and send it to Recipients through the Services via email, or distribute it by a third party service via a link to the invitation, including by SMS, email or posting it publicly on social media. In either case, the Recipients will respond on our Site event page which contains the invitation and all relevant event information you have provided; you control whether the Recipient list, Recipient responses and comments are public to all other invited Recipients, or private to you. We will collect and store a history of events created, sent and received in your account for future reference, including the event page and the Recipient list.
If you buy a SONGYFT or other products on the Website, one or more of our payment service providers will collect from you payment information (including payment card number, security code associated with the card, expiration date, zip code and country) (please see “Sharing and Disclosure” section for more information).
We also collect information you choose to provide to us when you complete any “free text” boxes in our forms (for example, our preference page, or a survey submission). We may collect Personal Data disclosed by you in our other areas of the Services (for example the event page) to which you can post information and materials, or when you contact us for help.
Recipient or Receiver: You may receive an invitation via email sent from the Services, or via a link on a third party service including receiving by SMS, email or publicly on social media. In any case, you may respond to the invitation on the Site event page.
If you open an emailed invitation, you agree to receive that invitation and any associated event email communications, unless you withdraw consent by unsubscribing or opting out (“opt out”). You can opt out at any time, via the preference page linked to every email sent through the Services.
If you click on an invitation link and voluntarily respond by giving us your Personal Data, including your name and email address, your name will be added to the Host’s Recipient list, which may be public.
In either case, we will collect and store your data for use in connection with the Service. If you do not have a registered account, SONGYFT may store the data associated with your email address, or other identifier, and if you register for an account in the future, we will populate your event history in your account dashboard.
When you respond to an event though the Service, you may voluntarily provide Personal Data in messaging Host and other Recipients, and/or posting publicly on event page including photos, gifs, video, or other User Content which we will collect and store for use in connection with the Services.
You may receive real-time email or push notifications of certain actions Host and other Recipients have taken on event page. You may go to account settings on the Site (if you have registered for a SONGYFT account), and determine what, if any, real-time email and push notifications you want to receive including event page comments, photos, and private messages. If you do not have a SONGYFT account, you may Contact Us to suppress email and push notifications.
If your name appears on the event page Recipient list, you may message the Host, or alternatively Contact Us to remove your name from the list.
Automatically Collected Data: When you use the Services, the following information is created and automatically logged in our systems:
- Log data: Information (“log data”) that your browser automatically sends whenever you visit the Site, or that the Apps automatically send when you use them. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Site), browser type and settings, the date and time of your request, and how you interacted with the Services. Your geographic location determines which Services, disclosures, features, and third party content will be available to you.
- Device information: Includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.
Usage Information: We collect information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, the other users you interact with and the time, frequency and duration of your activities. For example this includes whether invitation or marketing emails have been opened and acted upon
User InformationNon-Personally Identifiable Information:
When you use the Services or register an account (either on your computer, mobile phone or other device), the Company’s servers may collect certain aggregate information or other information that does not reveal your identity (collectively, the “Non-Identifiable Information”). The Non-Identifiable Information may include (i) information that your computer, mobile phone or device sends or transmits, including your device type, model, manufacturer, operating system, version info, IP address, ID number (for example, your UDID), user settings, and information about your use of the Services such as promotions viewed, purchases made, and information you submitted, (ii) search terms you used, or which referring/exit pages brought you to the Website, and date and time of such information, (iii) non-personally identifying information provided by you, such as your gender, age or date of birth, (iv) information about or from another content delivery platform, and (v) information derived from such above information and other third party sources such as offers and advertisements viewed on the Website, or any information provided by affiliated partners.
Personal Information You May Provide To Us:
When you use our Services or register an account, we collect a wide variety of information about you, including but not limited to, the answers you provide to our proprietary questions and the storyline you submit to us as content for a Song. Some of the information that you provide to us is personally identifiable information—information about you that can be used to contact or identify you, and information on your use or potential use of the Services and related services (the “Personal Information”). Personal Information that we might collect may include things like your name, mobile phone number, other phone numbers, email address, home address, credit card billing information and other submissions provided by you. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Services. Unless otherwise stated herein or with your permission, Personal Information will be confidential.
(Notwithstanding the foregoing, Company may use, distribute and publish the Song in its sole discretion.)
Purchase of Services Information
To process purchases of Service, we may require Personal Information such as your name, address, phone number, email address and credit card information. Such information is used primarily to process your order of our service. Credit card transactions are processed through industry standard Secure Socket Layer (SSL) and/or strong encryption (3DES) by a third party, which only uses your information for that purpose.
E-mails and Telephone Calls
We require an e-mail address from you when you register an account or use the Services. We use your e-mail for both transactional (e.g., order confirmation, refund and renewal processing, and follow-up questions) and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labeled “Your Choices”. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with the Services. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s), or ask to be removed from our contact list if you receive a call or text message from us. We fully comply with the requirements of the U.S. CAN-SPAM Act.
We also collect demographic data on the Website. We use this data to tailor our users’ experience on the Website, showing content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers as Non-Identifiable Information.
Online Survey Data
We may periodically conduct voluntary user surveys. We encourage our users to participate in such surveys because they provide us with important information regarding the improvement of the Services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any Personal Information, and all responses are anonymous.
Information Regarding Your Friends
We encourage you to refer a friend to the Website and Services by sending us a friend’s name and email address. We will keep this information in our database, and send that person a one-time e-mail containing your name and inviting them to visit the Website. This e-mail will also include instructions on how to remove their information from our database. You agree that you will not abuse this feature by entering names and addresses of those who would not be interested in the Services. For some of the Services, you may also give gift certificates to your friends, in which case we will use your friends’ e-mail address that you provide in order to deliver the gift certificates.
Our discussion thread is made available to users and visitors of the Website and may contain postings and comments related to a Song. Any information that is disclosed in the comments section of the discussion thread becomes public information and you should exercise caution when deciding to disclose any Personal Information.
Information About You We May Obtain Through Other Sources
Company may also receive Personal Information provided by affiliated partners or third parties in the course of your using their services, or from third parties subject to the limitations of the privacy policies of those affiliated partners or third parties.
Collection of Information Log Files
Any time you visit the Website, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the Website, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. We do not share the log files externally.
Use of Information
We may use information about you for various purposes, including to:
- Provide, maintain and improve the Services, including to provide additional features and content;
- Respond to your comments, questions and requests and provide customer service;
- Send you technical notices, updates, security alerts and support, and administrative messages;
- Communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with the Services;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Link or combine with information we get from others to help understand your needs and provide you with better service;
- Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and
- Carry out any other purpose for which the information was collected.
Company will not share your Personal Information with anyone else except to provide the Services, when Company otherwise has your permission, or under the following circumstances:
Non-Personally Identifiable Information
As discussed above, Company may share with third parties or the public aggregated information in a form that does not disclose your Personal Information, or is reasonably likely to allow you to be personally identified, for industry analysis, demographic profiling and similar purposes. Company shares this aggregated information so that its partners also understand how interested users are in their events and services, so that they may also provide you with an optimal online experience, and provide opportunities for future brand partners.
Compliance with Laws and Law Enforcement
Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Company reserves the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. Company will disclose information about you to government or law enforcement officials or private parties when Company believes reasonably necessary to comply with law, to protect the property and rights of Company or a third party, to protect the health and safety of the public or any person (such as when harm or violence against any person (including you) is threatened, or to prevent or stop activity Company may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.)
A new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of Access – the right to be informed of and request access to the personal data we process about you;
- Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to Erasure – the right to request that we delete your personal data;
- Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
- Right to Object –
- the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- the right to object to your personal data being processed for direct marketing purposes;
- Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how Songyft™ uses your personal data, we provide you with the ability to opt out of any data collection by emailing firstname.lastname@example.org with the specific opt out request.
If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from Songyft™ (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).
You can find out more about the GDPR rights described above and the controls we provide to all Songyft™ users with respect to these rights by contacting the Privacy Center at Privacy@songyft.com. If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer at Privacy@songyft.com. We will respond to your request within a reasonable period of time upon verification of your identity.
Disclosure to Protect Abuse Victims
Company may sell, transfer or otherwise share your Personal Information in connection with a merger, acquisition, reorganization or sale of the Company (or our assets) or in the event of its bankruptcy; this is the only case in which Company may sell Personal Information it collects from you or from your use of the Services. If such transaction occurs, you will be notified if there are any material changes to the way your Personal Information is collected or used.
Company will have extensive security measures in place to protect the loss, misuse, theft, disclosure, access, destruction and alteration of the information stored in our database. These measures include the use of Secure Socket Layer (SSL) and/or strong encryption (3DES) technology during credit card transactions and administrative access to site data, as well as other proprietary security measures which are applied to all repositories and transfers of user information. Company will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
Links to Other Sites
Third Party Advertising
We may use third-party advertising agencies or other service providers to serve ads on the Website on behalf of Company or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and Usage Tracking to measure advertising effectiveness. Any information that these third parties collect via cookies and Usage Tracking is completely anonymous. Some of these third-party advertising agencies may be members of the Network Advertising Initiative, which offers you the option to opt out of ad targeting from its member agencies by following the procedures listed here. Third Parties, with whom we partner to display advertising based upon your web browsing activity, may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
The Services are not directed to persons under thirteen (13). If you become aware that your child, under the age of thirteen (13) has provided us with Personal Information please contact us at email@example.com. We do not knowingly collect Personal Information from children under the age of thirteen (13). If we become aware that a child under the age of thirteen (13) has provided us with Personal Information, we will take steps to remove such information and terminate the child’s account and use of the Services.
Links to or Access from Other Sites
If you wish to opt out of the Services, remove any information, including Personal Information, from the Website, update any Personal Information or unsubscribe to any promotional emails and newsletters you may contact the Company at the following firstname.lastname@example.org.
If you are a registered user of our Services, we provide you with tools and account settings to access or modify the Personal Information you provided to us and associated with your account. You can also permanently delete your account. If send a termination notice to email@example.com your account will be deactivated and then deleted. For up to thirty (30) days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After thirty (30) days, we begin the process of deleting your account from our systems.
Subscriber and Promotional Emails
Company may send promotional or subscriber emails to your device. When you first launch any features of the Services, you will be asked to consent to Company’s ability to send subscriber emails to you. If you initially consent to subscriber emails, you can subsequently stop the emails by clicking ‘unsubscribe’ in the email or by contacting the Company at firstname.lastname@example.org.
Miracle Record LLC/Songyft™
337 N Genesee Ave
Los Angeles, CA 90046