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Privacy policy

Effective date: 04/30/2021

The following Privacy Policy covers all the websites/webpages owned, affiliated or operated by TRAKTRAIN ("TRAKTRAIN", "Traktrain", "us", "we", or "our"). It is our goal to allow you to showcase your music but, at the same time, protect your privacy. Please read the following to learn more about our Privacy Policy. By continuing to use traktrain.com you are accepting this policy. Some personal data information is essential to traktrain.com functioning and our supplying a service to you. If you do not wish to allow us to process your data then you will not be able to use our services.

1. INTRODUCTION AND DEFINITIONS

Thank you for visiting TRAKTRAIN. This Privacy Policy is written to better explain how we collect and use your information. This Privacy Policy is a binding contract and you must agree to it to the same extent as our Terms and Conditions in order to use our Services. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Please see our Cookie Policy for information relating to our use of cookies and similar tracking technologies. If you are a California resident, you can learn about your additional consumer privacy rights under the California Consumer Privacy Act by reviewing our Notice for California Residents (https://traktrain.com/california-privacy).

If you are a customer with a visual impairment or other disability or a customer who seeks support in another language, you may access the TRAKTRAIN Privacy Policy by emailing info@traktrain.com.

This Privacy Policy applies to any Site and Service that links to this Privacy Policy. This Policy does not apply to third-party websites, products, or services, even if they link to our Site or Services. We recommend you review the privacy practices of those third parties before connecting your TRAKTRAIN account or sharing any personal data. We also encourage you to read this Privacy Policy, along with our Terms and conditions (https://traktrain.com/terms), to understand how your personal data will be treated as you make full use of our Services. Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. We ask that you do not use the Services if you do not agree to any of the provisions in this Privacy Policy. For more information about our privacy practices, please contact us by emailing us at info@traktrain.com.

We gather data from:

  • The non-registered viewer of our website in which our services are described (“Viewer”);
  • Producers registering in order to sell beats;
  • Customers registering to purchase beats either as producers from our beat store or as customers purchasing from our marketplace;
  • Individuals registering to use other services such as posting comments on traktrain.com (“Registrants”).
  • Where you are merely a Viewer we will normally only gather data indirectly but might also do so directly if you i) request further information from use ii) engage with us on social media as examples.

Where you are our Producers, Customers or other Registrants we will gather data indirectly and directly.

We are required to process your personal data in a lawful, fair and transparent manner.

Definitions
Personal Data

Personal Data means any information that relates to an identified or identifiable individual.

Usage Data

Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Services. The User corresponds to the Data Subject, who is the subject of Personal Data.

2. INFORMATION YOU PROVIDE TO US

The website generally collects personally identifying information with your specific knowledge and consent for various purposes to provide and improve our Services to you. We process this information pursuant to our legitimate interest in providing you the Services and the best user experience on our Sites, as well as where necessary to perform any contract between you and us. This includes but is not limited to when you register or complete a survey. You can choose not to provide us with certain information, but you may not be able to take advantage of our Services.

Registration: In order to use specific parts of our websites such as uploading and allowing others to listen to the music you have produced, you must complete a registration form. As part of this registration process, we require your email address. Optional information such as your referrer or time zone may also be requested.

Personal Data we collect will be apparent by the context of the page, and may include, but is not limited to the following:

Account information

When you register for an account, we collect your first and last name, email address, telephone number and your password. We may also collect your payment and financial information such as your PayPal email address or billing address.

Public Profile information

You may choose to add information to your profile on TRAKTRAIN, which may be made public. Such information may include your username, the city or country you live in, profile photo, links to your music recordings and social media profiles.

Communications

When you communicate with us or other Users through the Sites and Services or otherwise communicate with us by email, we collect information about the communication and any other information you provide in your response.

In addition to the uses described below, we may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Services by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. Usage Data helps us recognize you as well as provide personalized content and advertising across all of your devices.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Services, to improve and customize our Services.

You can enable or disable location services when you use our Services at any time, through your device settings.

Tracking Cookies Data

When you visit our websites, we may collect information from you automatically, such as the activity on our Services, through cookies or similar tracking technologies.

Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services. We may also allow our business partners to use cookies and similar tracking technologies on the Services or work with third parties to track your behavior on our behalf.

TRAKTRAIN Widget

When you visit a website that has integrated a TRAKTRAIN Widget, we may receive certain information about you, such as the website you visited. The website containing the widget may also receive this information about you. The widget may be used to stream music and purchase music licenses.

Service Providers

We may receive Personal Data about you from our Service Providers and business partners, such as those that conduct payment processing, analytics, advertising, hosting, marketing, customer and technical support, and other services.

TRAKTRAIN aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

3. PERSONAL INFORMATION WE COLLECT WHEN YOU BUY FROM US

In order for you to place an order with us, you must provide us your first name, last name, e-mail address, and Paypal information. We will not disclose any information that you provide to us except in accordance with the provisions of this Privacy Policy.

4. USE OF INFORMATION

When you visit our websites, we may collect information from you automatically through cookies or similar technologies. TRAKTRAIN does not sell, rent, or trade your personal information with unaffiliated third parties. We share your Personal Data with the entities listed below. We also rely on partners to provide many features of our Sites and Services using data about your use of the Sites and Services. We use cookies for the following purposes:

  • To enhance or improve user experience, the website, or Services.
  • To process transactions and sell, transfer, and exchange your information to a third party for their marketing purposes with no additional consent.
  • To send e-mails about the site or respond to inquiries.
  • To send e-mails about the website and other products, news, or updates for TRAKTRAIN.
  • To send e-mails about third parties' products or Services.
Business Partners

When one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). If you do not want your information to be shared, you will be able to choose not to allow the transfer by not using or signing up for that particular service, promotion or contest.

Service Providers

We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used. For example, when you make a purchase through our online store, or sign up to receive promotional items from us, we may share some of your personal information with third parties helping us to complete your transaction or send you the items you signed up to receive. When we share your information with such third parties, we will work to ensure that only the information necessary to complete your transaction is disclosed. This Privacy Policy does not apply to such third parties. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Public Profile

Any information in your profile will be accessible by other Users of the Sites and Services. If you listen to any music recordings uploaded by another User, the fact that you have listened to those recordings will be shared with that User. Similarly, if you comment on a user’s profile, all Users will be able to see your comment.

Social Media

If you share our content through social media, for example by liking us on Facebook, following or tweeting about us on Twitter, or giving us a '+1' via Google Plus, those social networks will record that you have done so and may set a cookie for this purpose.

In some cases, where a page on our website includes content from a social network, such as a Twitter feed, or Facebook comments box, those services may set a cookie even where you do not click a button. As is the case for all cookies, we cannot access those set by social networks, just as those social networks cannot access cookies we set ourselves.

Third Party Platform Advertising

We may share your information with third party platform providers who assist us in serving advertising regarding the Services to others who may be interested in the Services. We also partner with third parties (such as Facebook, Google and Twitter) who use cookies and similar tracking technologies to serve targeted advertising/content to you via the relevant third-party platform based on your profile/interests (also known as “interest-based advertising”). Your information is used by the third-party platform provider to identify your account and serve advertisements to you. While we will not share information that identifies you by name with unaffiliated third parties for their own use, such third parties may be able to identify you with sufficient data from other sources. You can control what advertisements you receive via the privacy settings on the relevant provider's platform and you should consult the third party's help/support center for more information.

Facebook Conversion Tracking Pixel

Our website utilizes the Conversion Tracking Pixel service of Facebook. This tool allows us to follow the actions of users after they are redirected to a provider's website by clicking on a Facebook advertisement. We are thus able to record the efficiency of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous and we cannot see the personal data of any individual user, however the collected data is saved and processed by Facebook. Facebook is able to connect this data with your Facebook account and the data is used for their own advertising purposes in accordance with their policy found under: https://www.facebook.com/about/privacy Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/

Combined and Aggregated Data

We may analyze aggregated, de-identified data and share these analytics, including to marketing agencies, media agencies and analytics providers. We may also combine information from the Services with other information we obtain. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that may relate to you.

Google Analytics

We may use third-party Service Providers to monitor and analyze the use of our Services: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Business Transaction

If TRAKTRAIN is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

You can modify your browser settings decline or accept cookies. However, in a few cases, some of our Site features may not function as designed.

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and other countries and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

TRAKTRAIN will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Information for Individuals Located in the EU and Switzerland

We rely on the following legal bases to process your information: (1) as necessary to perform any contract between you and us to provide the Services; (2) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data protection; and (3) with your consent.

Users that reside in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint about our data collection and processing actions with the appropriate supervisory authority. You can view the contact information for data protection authorities here (https://edpb.europa.eu/about-edpb/board/members_en).

In certain circumstances, residents of the EEA or Switzerland are entitled to the following data protection rights:

  • Right to access. You have the right to request TRAKTRAIN for copies of your Personal Data.
  • Right to rectification. You have the right to request that TRAKTRAIN correct any information you believe is inaccurate. You also have the right to request TRAKTRAIN to complete the information you believe is incomplete.
  • Right to erasure. You have the right to request that TRAKTRAIN erase your Personal Data, under certain conditions.
  • Right to restrict processing. You have the right to request that TRAKTRAIN restrict the processing of your Personal Data, under certain conditions.
  • Right to object to processing. You have the right to object to TRAKTRAIN’ processing of your Personal Data, under certain conditions.
  • Right to data portability. You have the right to request that TRAKTRAIN transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you would like to exercise any of these rights, please contact us by emailing us at info@traktrain.com.

Notice for California Residents

If you are a California resident, you can visit our Notice for California Residents (https://traktrain.com/california-privacy) to learn more about the personal information we collect and disclose about you as well as your privacy rights related to your personal information under the California Consumer Privacy Act.

5. LAW ENFORCEMENT

We may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.

In addition, if we feel that a user abuses the TRAKTRAIN site in any way, we reserve the right to use and share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible fraudulent or illegal activity.

6. SECURITY AND PRIVACY

We use SSL certificates to help secure our website. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

We maintain appropriate technical, administrative and physical safeguards to help protect the security of your Personal Data against unauthorized access, use or disclosure. The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure.

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary for our legitimate and essential business purposes, to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

Children's Privacy

Our Services do not address anyone under the age of 16 ("Children").

We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Links to Other Websites

Our Services may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's website. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.

We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).

We do not support Do Not Track functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Payments

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

PayPal

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

7. CONTACT

Any inquiries about your rights under this Privacy Policy, or any other matters regarding your privacy, can be directed to

info@traktrain.com