The term "99 Tune Service" refers to the 99 Tune website (the "99 Tune Site"), the 99 Tune video player when it is embedded onto any website (the "Video Player"), the 99 Tune apps and web-apps (the “ 99 Tune Applications”) as accessible via any current or future device capable of distributing the 99 Tune Site and/or the Video Player, together with any 99 Tune products, content, channels, software, data feeds, services and functionality.
1. DATA WE COLLECT
1.1. In General. We may collect personal information that can identify you directly, such as your name and email address, and other information that does not identify you directly. When you provide personal information through our website, the information may be sent to servers located in the United States, France, and other countries around the world. This Section explains what personal information we collect and how we collect such information.
1.2. When we Collect Data.
1.2.a. Data Collected from the 99 Tune Site and Applications. We collect information when you use the 99 Tune Service directly on the 99 Tune Site or through the 99 Tune Applications.
1.2.b. Data Collected from Third Party Websites and Applications that use the 99 Tune Service. We collect information when you use our Video Player while visiting or using third-party websites and apps into which our Video Player is embedded. This includes information about the websites and apps that you visit, your use of our Video Player on those websites and apps, as well as information the developer or publisher of such app or website provides to us.
1.3. Types of Data We Collect.
1.3.a. Data You Provide to Us. We collect personal information you provide to us when you interact with the 99 Tune Service, including when you sign up for an account, upload Content, create a playlist or share a playlist with others. For instance, when you register to use the 99 Tune Service, we may collect your name, email address, birth date, gender, and other similar information.
1.3.b. Usage and Log Data. We collect information when you use the 99 Tune Service or view 99 Tune advertising outside of the 99 Tune Service. We may also collect information from or about the computers, phones, tablets, or other devices where you install or access the 99 Tune Service, depending on the permissions you've granted. Examples of this information may include your IP address, device ID number, browser and software characteristics (such as type and operating system or language settings), activity on the 99 Tune Service including information about the videos you watch on the 99 Tune Service (e.g. video titles and categories), the frequency and duration of your activities, page views, ad data, referral URLs, network state, and carrier information.
1.3.c. Account and Profile Data from Third-Party Services. If you choose to log-in, access or otherwise connect to the 99 Tune Service, or contact 99 Tune, through a third-party service (e.g., Facebook), we may collect your user ID and user name associated with that third-party service as well as any other information you make public using that service.
1.3.d. Third-Party Data. We may, if you authorized such third parties to share such information, receive information about you from other sources, such as data aggregators, public databases, and our business partners. Examples of this may include information (whether identified, de-identified or anonymous and whether collected online or offline) about your interests, demographic data, purchasing behavior, and your activities online (such as websites you have visited and/or advertisements you have viewed).
1.4. How the Data Is Collected.
1.4.a. Data Collected through Cookies and Similar Technologies. Like many online services, we use various technologies to collect usage data and store preferences. The data collected helps us to propose, protect and improve the 99 Tune Service as well as to personalize your user experience by adapting the Content and advertising to your taste. The technologies we use are discussed below.
We may collect information through other kinds of local storage (also referred to as "Flash cookies") and HTML5 local storage, including in connection with features such as volume/mute settings for the Video Player. Since these technologies are similar to browser cookies, they are sometimes referred to as "browser cookies" even though they may be stored in different parts of your computer.
Most Internet browsers automatically accept cookies. By changing your browser settings, you can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. For further information on disabling cookies or deleting information contained in cookies in general, please click here. Please note that disabling cookies or deleting information contained in cookies or Flash cookies may interfere with the performance and features of the 99 Tune Service, including the Video Player. For example, we may not be able to store your preferences or login information or customize the Content and advertising to your viewing habits.
Web Beacons or Pixels. In addition to cookies, we may use other technologies such as web beacons or pixel tags, which can be embedded in web pages, videos, or emails. Web beacons or pixel tags are used to collect certain types of information from your browser or device; check whether you have viewed a particular web page, ad, or email message; and determine other usage details including: the time and date on which you viewed Content, the IP address of your computer, and the URL of the web page from which the Content was viewed.
Mobile Device Identifiers and Software Development Kits ("SDKs"). We may use or work with third parties, including our business partners and service providers, who use mobile SDKs to collect information such as advertising identifiers (e.g., "ad-ID" or "IDFA") and information related to how mobile devices interact with the 99 Tune Service. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented (a mobile SDK is in effect the mobile app version of a pixel tag or beacon, described above). For instance, we may use this technology to analyze how you interact with Content and advertisements and to enable analytics or other features through mobile devices.
The uses of these various technologies, notably in connection with advertising on the 99 Tune Service, are explained further below.
2. PURPOSE FOR COLLECTING THIS DATA
We collect Data because we are passionate about creating customized and engaging experiences for our users. We use all of the information we have to help us provide and support the 99 Tune Service with the first-class user experience. The way we use the Data we collect from or about you depends on how you use the 99 Tune Service.
Our purposes for the collection of the Data may include the following uses:
2.1. Provide, Improve and Develop the 99 Tune Service. We are able to deliver the 99 Tune Service, personalize the Content, evaluate how well the Content is performing, and make customized recommendations for you by using this information to understand how you use and interact with the 99 Tune Service and the things you’re interested in on and off our Services. For example, we collect your authentication data to allow you to connect to your account, and we collect information on your language setting preferences to provide you with the 99 Tune Service in the language of your choice. We may conduct surveys and research, test features in development and analyze the information that we have in order to evaluate and improve products and services, develop new products or features and conduct audits and troubleshooting activities.
2.2. Communicate with You. We may use your information to send you marketing communications, communicate with you about the 99 Tune Service and update you about our policies and terms. We also may use your information to respond to you when you contact us, or for any other purpose that is disclosed to you at the time, we collect the Data or that is related to a request made by you. To learn about opting out of promotional communications, please see the information we have provided in Section 8 below (“Your Rights & Opting-Out”).
2.4. Ensure Safety and Security. We use the information we have to help verify accounts and activity, and to promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our legal terms and policies. We work hard to protect your account using teams of engineers, automated systems and advanced technology such as encryption and machine learning.
3.1. Business Partners. We work with a number of business partners who help us offer and improve the 99 Tune Service, including, for example, our content programmers, distributors, and corporate owners. We may share information collected from or about you with such business partners, but always in an anonymized form so that you are not identifiable.
3.2. Social Networking and Single Sign-On Services. When you choose to share information with social networking services or single sign-on services about your activities on the 99 Tune Service, such as videos you watched or “liked” on 99 Tune, information about you and your activities may be shared with that social network or single sign-on service.
Sharing with Facebook or Google. If you connect to 99 Tune through your Facebook or Google accounts you may choose to share information about your activities on the 99 Tune Service with Facebook or Google and their users, including publishing information on the videos you watch on 99 Tune to Facebook or Google. Furthermore, if you visit 99 Tune while logged into Facebook or Google, then such entities may be able to identify your browser details and associate the technical information provided by your web browser with other information that Facebook or Google already has about you. In addition, when you choose to share information about your activities on the 99 Tune Service with Facebook or Google, 99 Tune may send information about you to Facebook or Google. Facebook or Google may then make that information visible to Facebook users or Google users in accordance with applicable law, their respective data policies, and your Facebook or Google privacy settings. We recommend that you familiarize yourself with their data policies and account privacy controls. We remind you that 99 Tune is independent of these third-party companies and that any privacy settings you might have chosen on the 99 Tune Service are not applicable on Facebook, Google or any other social network.
3.4. Third Parties in Connection with Certain Transactions. If we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including as part of the due diligence process. Please note that in such a case your Data would be shared only as an integral part of the 99 Tune Service and not sold or transferred separately from the Service to third parties.
4. DATA SECURITY AND ACCOUNT ACCESS
4.1. Data Security. 99 Tune attaches great importance to the security of your Data and takes all appropriate steps to limit the risk that it may be lost, damaged or misused. Our aim is to make you feel confident and safe when using the 99 Tune Service.
We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to only those 99 Tune employees, agents, and contractors who have a legitimate business reason to access such information. We also use measures like encryption and hashing to help protect sensitive information when in transmission, and firewalls to help prevent unauthorized persons from gaining access to your personal information. We also use techniques such as data aggregation to render it more difficult to link and trace information to you.
Despite these efforts, in today’s world, there is always a possibility that a breach in data transmission or storage may occur. We want you to feel confident in our security when using the 99 Tune Service, but we cannot guarantee the security of any information from or about you 100% of the time.
Please note that if you allow others to use your account (including others you permit to set up profiles under your account), they may be able to view information about your account or any of the profiles under your account, including information about the videos you view and your email address. You should take care of how you handle and disclose your personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at https://www.consumer.ftc.gov/topics/privacy-identity-online-security for further information on how to protect yourself from identity theft.
5. DATA RETENTION
Data is stored electronically in 99Tune’s servers and is kept only as long as necessary to provide our products and services, including for the purposes set out above. Information associated with your account will be kept for a period of one year following the deletion of your account, or earlier if we no longer need the data to provide our products and services. After that point, data is kept only for statistical purposes (or as otherwise legally permitted) and shall not be used for any other reason. Please note that you may always exercise your right to erase your personal data stored in our system.
6.1. General. We advertise 99 Tune both on the 99 Tune Service as well as on other platforms and services. We also display advertisements from other companies on the 99 Tune Service, often enabling users to interact with the advertisements or click through to websites or other properties owned or operated by other companies. This Section provides additional information about the collection and use of information from or about you in connection with such advertising. This advertising activity allows us to provide you access to Content and to the 99 Tune Service at no cost to you.
To learn about opting out of interest-based or online behavioral advertising, please see the Data we have provided in Section 8 below ("Your Rights & Opting-Out").
7. YOUTH RESTRICTIONS AND PARENTAL CONTROL
Children under the authorized age in their country of residence (“Minors”) are not permitted to register with 99 Tune without the involvement and consent of a parent or legal guardian. If you are a Minor (e.g. a child under 13 years of age in the USA or 16 years of age in the European Economic Area, unless a lower age limit is specified by the country of your residence), do not use or access the 99 Tune Service at any time or in any manner without the involvement and consent of a parent or guardian.
If you are the parent or legal guardian of a Minor, and that child has somehow registered with 99 Tune without your approval, please contact 99Tune’s support team, available 24/7 through the 99 Tune Help Center. When submitting your request, please provide your full name and address, the child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. 99 Tune will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
Please note that depending on the country of your residence and the applicable laws in such country, the age to determine who is a Minor will differ.
8. YOUR RIGHTS & OPTING -OUT
8.2. Change of privacy settings for Promotional Communications.
You may decide not to receive promotional communications from 99 Tune by accessing your account and clicking on "Manage Email Notifications." You may also communicate to us your decision not to receive promotional communications by clicking the "unsubscribe" link in a particular promotional communication. Please note that you cannot opt out from receiving all communications from 99 Tune, including administrative messages, service announcements, and messages regarding the terms and conditions of your account because those may contain important information necessary to provide you with the 99 Tune Service.
You can choose to receive push notifications from 99 Tune on your device. If you do not wish to receive push notifications, you can use your device’s settings to turn them off.
8.3. Options for Third-Party Online Behavioral or Interest-Based Advertising on Websites (including Mobile Websites).
Some of the third parties that collect information from or about you on the 99 Tune Service in order to provide more relevant advertising to you on websites participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more and to make choices about the use of your information for online behavioral advertising on websites, please click here. Please note that if you exclude online behavioral advertising using this method, this choice will only apply to the specific browser or device from which you opt out.
In addition, some of the advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of interest-based advertising delivered by each of its member companies. If you would like to obtain more information about interest-based advertising and the NAI and make choices about their members’ use of information from or about you on websites, please click here. Please note that if you exclude interest-based advertising using this method, this choice will only apply to the specific browser or device from which you opt out.
99 Tune also offers its users the ability to make choices about the use of their information for ad targeting on websites. To learn more and exercise your ad preferences on 99 Tune, please refer to cookie settings section available on the 99 Tune Service.
8.4. Options for Third-Party Online Behavioral or Interest-Based Advertising within Mobile Applications.
Some of the third parties that collect information from or about you on the 99 Tune Service in order to provide more relevant advertising to you within mobile applications participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a mobile application called the "app choices," which provides a centralized location where users can make choices about the use of their information for online behavioral advertising within the mobile application environment. The app choices application can be downloaded from your mobile device at www.aboutads.info/appchoices or from your device’s app store. Please note that if you exclude online behavioral advertising using this method, this choice will only apply to your mobile device.
On your mobile device, you may also go to your device settings and select "Limit Ad Tracking" (for iOS devices) or "opt-out of Interest-Based Ads" (for Android devices), which will allow you to limit our use of information collected from or about your mobile device (such as precise location data) for the purposes of serving online behavioral advertising to you.
8.5. Additional Choices for Residents in the European Economic Area.
Individuals located in the European Economic Area, have certain statutory rights in relation to their Data. Subject to any exemptions provided by law, you may have the right to request access to your personal information, as well as to seek to update, delete, correct or transfer this information. You can usually do this using the settings and tools provided in your 99 Tune account. If you cannot use the settings and tools, contact us by stating your country of residence and reach out to the 99 Tune Help Center via the dedicated “Your Personal Data” section or send a letter to the attention of our Data Protection Officer at [email protected] Please include within your request a copy of your ID together with any information allowing us to identify your account on the 99 Tune Service.
To the extent that 99Tune’s processing of your Data is subject to the General Data Protection Regulation (“GDPR”), and in addition to any consent you might have granted or contract you might have concluded with us, 99 Tune relies on its legitimate interests, described above, to process your Data.
8.6. Additional Choices for California Residents.
If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of personal information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by 99 Tune and the third party). If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send us a letter at Attention: Legal Department at [email protected]
If you are a California resident under the age of 18 and a registered user of the 99 Tune Service, you may request and obtain removal of Content or information you have publicly posted on the 99 Tune Service. To make this request, please contact the 99 Tune Help Center via the “Your Personal Data” section and include a detailed description of the specific content or information you would like to remove. Please note that this removal does not ensure complete or comprehensive removal of the Content or information posted on the 99 Tune Service by you as there may be circumstances in which the law does not require or allow removal.
9. MISCELLANEOUS 9.1. Third-Party Access Points, Devices, and Links The 99 Tune Service may be accessible through third-party websites, applications and other means of access operated by other companies (collectively, "Third-Party Access Points"). For example, you can access the 99 Tune Service through third-party websites where the Video Player has been embedded. The 99 Tune Service also may contain links to third-party websites or applications. For example, if you click on an advertisement or a search result on our website, you may be taken to a website that we do not control. None of these Third-Party Access Points, devices, websites or applications are operated by 99 Tune, even if they contain our name or logo. As such, we are not responsible for the privacy practices of the operators of these Third-Party Access Points. Accordingly, we recommend that you independently review their privacy policies for further information.
9.2. Deleting Your 99 Tune Account
9.4. International Data Transfers and Privacy Shield
99 Tune respects individuals’ privacy and strives to collect, use and disclose Data in a manner consistent with the laws of the countries in which it does business. As such, 99 Tune complies with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Frameworks (collectively, the “Privacy Shield”) as set forth by the U.S. Department of Commerce (“DOC”) regarding the collection, use, and retention of personal information transferred from the European Economic Area (“EEA”) or Switzerland to the United States. To learn more about the Privacy Shield Program, please see http://www.privacyshield.gov/welcome.