1. INTRODUCTION

This Data Protection Policy (this “Policy”) sets out how hyeTunes, Inc. (“hyeTunes” or “we”) handle personal data in the hyeTunes music streaming service and on associated websites and applications for desktops, tablets and mobile handsets, set-top boxes and stereo equipment (collectively, the “Service”). By using the Service, you indicate your acceptance of this Policy. If you do not agree to this Policy, you are not permitted to access the Service and you should not do so.

By personal data we mean information that can be used to uniquely identify a single person.

If you have questions about this Policy please feel free to contact us by sending an email to support@hyetunes.com.

2. CHILDREN AND PRIVACY

We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service. If you are 13 – 17 years of age, you may visit, browse and use the information on the Service but you may not register an account or submit any personal information. If you are 13 – 17 years old, by browsing, using or accessing the Service you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to support@tidal.com.

3. COLLECTION AND USE OF PERSONAL DATA

When you register as a user for the Service, you provide us with certain information that we store. When you use the Service, we store information generated by your use of the Service, such as favorite tracks, playlists created, tracks played and downloaded, activity in the Service, time of log-in, location of sessions if allowed by the device, what version of the Service you use, technical data such as your IP address, location information, and other similar information. If the Service is accessed via a handheld device we also store a number that uniquely identifies the device. Information that you add to your profile like your age will also be stored. If you reply to surveys that we have provided, or otherwise provide us with your personal data in response to our communications to you, the information you provide will be made anonymous unless otherwise specified.

This information is used to provide the Service to you, to calculate settlement towards the content owners, to improve the Service, and, if provided by you in response to our communications, to provide you with special offers and promotions from hyeTunes or its partners. Your participation in any such special offer is completely voluntary.

4. SHARING INFORMATION WITH THIRD PARTIES

We will not share your personal data with third parties except in the following situations:

a) when you have given us consent to share such personal data. This can for instance be in relation Facebook, Twitter or Instagram (as further described in section 7 below) or other;

b) when necessary for billing purposes or other services/functions performed on our behalf, we share information with the billing provider or other vendor to facilitate billing or other services/functions, respectively. The payment information is stored by the billing provider and not by hyeTunes;

c) when we engage third parties to perform services on behalf of us in relation to the hyeTunes service, either companies that are affiliated with us or third parties. In such cases we will remain responsible for your personal data and ensure that all handling of the data will be in accordance with this policy and applicable laws; and

d) in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of the Service if we believe that a user has committed unlawful or otherwise harmful acts.

We will never sell your personal data to third parties or allow third parties to have access to your data for their own purposes unless you otherwise provide your consent.
If all or part of hyeTunes is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Service may be transferred to such entity as part of that transaction.

5. COMMUNICATIONS

If you have provided us with your email address or your phone number we will only use this information to communicate with you in matters relevant to the Service. Such information includes receipts for payment, information about changes in the Service, changes in the Terms and Conditions of Use and this Policy. We will not use this information to send you information about third party services unless you otherwise provide your consent.  Providing us with this information in response to our communications to you shall be considered consent from you to use this information to send you information about third party services.

If the legal statuary requirements are met or if you have opted in, we will send you our newsletter and similar information. You can at any time give us notice that you no longer want to receive such communication.

6. SERVER LOG FILES

Usage of the Service is logged in the server log files. These log files include the IP address of the device that accessed the Service together with the time of the use and which resource that was requested, as well as user identification information.

The log file of the Service is used to create anonymous usage statistics that are used to settle with the owners of the content, to analyze the usage of the Service, and for the purposes of system administration.

7. COOKIES AND SIMILAR TECHNOLOGIES

A cookie is a small file that is placed on your device that allows hyeTunes and our partners to recognize your device when you return to the web page. We use cookies to offer log-in functionality, to remember user preferences, and to understand how our web pages are used.

We use both temporary (“session”) and persistent cookies. You can delete cookies in your browser anytime and you can also block cookies from being placed. This may however impact the functionality of the service.

hyeTunes also uses third party vendor remarketing tracking cookies, including the Google AdWords tracking cookie. This means we will continue to show ads to you across the internet, utilizing the existing ad-networks that facilitate this type of advertising. As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third party remarketing system. We do not, however, control these cookies, and they are not subject to this Policy. Third party vendors do not have access to the Service’s cookies. The use of cookies sent by third party vendors is standard.

In addition to our own, cookies are also placed by Google Analytics as described below.

8. INTEGRATION WITH THIRD PARTY SERVICES

Google Analytics: We use Google Analytics from Google (Google Inc, US) on our web pages to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics, be informed that it is possible to block Google Analytics by installing a plug-in to your browser.

Facebook: If you enable the function “Connect to Facebook” in the settings of your Service client we will share your favorites with Facebook (Facebook Ireland Limited, Ireland) enabling your Facebook friends to see your favorites and enabling you to see your Facebook friends’ favorites. Further if you use the function “share” you can post to your Facebook account directly from the Service client. Please refer to Facebook’s privacy policy to understand how Facebook deals with your data.

Twitter: If you use the function “share” you can post to your Twitter account (provided by Twitter Inc, US) directly from the Service client. Such posting might involve sharing personal data. Please refer to Twitter’s privacy policy to understand how Twitter deals with your data.

9. INTEGRATION WITH THIRD PARTY WEBSITES

We may link to third party websites. hyeTunes cannot control or be held liable for third parties’ privacy policies and content. Please refer to the site’s privacy policy to understand how the site deals with your data. For the avoidance of doubt, this Policy applies solely to information collected by the Service.

10. SAFEGUARDING OF PERSONAL DATA

We store your data in a secure manner on restricted and protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. While we take reasonable precautions for protection of personal data, no security measures are completely secure, and we do not guarantee the security of personal data.

11. RETENTION OF PERSONAL DATA

We will retain your personal information only for the period necessary to fulfill the purposes outlined in this policy. When it is no longer necessary to store the data it will be deleted or made anonymous in a safe and permanent manner or the access to it will be blocked to the extent that statutory data retention requirements apply.

12. DETECTION OF MISUSE OF THE SERVICE

If there is suspicion of misuse of the Service, we might combine data collected in accordance with this Policy with other information in order to investigate the extent of the misuse and who is responsible.

13. COMPLIANCE

We will at all times treat personal data as set out in this Policy and at all times comply with applicable data protection legislation and regulations.

14. NOTICES, CONSENTS & CONTACT

If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses or similar, please feel free to contact us e.g. by sending an email to support@hyetunes.com.

15. AMENDMENTS TO POLICY

The Service is subject to constant improvement and future changes may influence what data we store and how we process it. This Policy might be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Date of Last Revision” date of this Policy or by otherwise posting on the Service, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of the Service after such notice is posted means that you accept these changes or updates. You agree that hyeTunes shall not be liable to you for any damages that might result from any changes to this Policy, if any. The current version of this Policy can be found at http://www.hyetunes.com/privacy.

16. INTERNATIONAL USERS

hyeTunes processes information about its users on computers and servers located in a number of countries, any of which may be located outside of your state, province, country, or other governmental jurisdiction and where the privacy laws may not be as protective as those in your jurisdiction. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data to the United States. By providing your personal data, you consent to any transfer and processing in accordance with this policy.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE SERVICE.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.