- California residents, please click here for our Notice of Collection under the California Consumer Privacy Act.
- European Economic Area and United Kingdom resident, please click here to learn more about your privacy rights.
PERSONAL INFORMATION WE COLLECT
We collect personal information when you interact with us or use our Services. Personal information is any piece of information that can identify you. Some personal information may identify you directly, such as your name or email address. The exact type of personal information we collect will depend on how you interact with us. For instance, we collect payment information when you use some of our Services.
Personal Information Collected Directly from You
To use some features of our Services (for example, when you send a tip to an artist), you must register with us or otherwise provide us with your personal information. We also may collect personal information that you enter through our Services or provide to us in other ways, such as through text message or email. The type of information we collect form you will depend on your interactions with us and how you use our Services, but may include:
- Personal details, such as full name, mailing address, email address, phone number, social network websites, and other contact information;
- Business contact information, such as your company name, your role, and your business email address;
- Purchase transaction information, such as information about the products you buy, billing address, method of payment, and payment details; and
- Other personal information you choose to provide to us.
We collect personal information directly from you any time you choose to give us your personal information. For example, we collect personal information directly from you when you:
- Create a new account;
- Make a purchase using our Services;
- Share a photo with us;
- Participate in one of our contests or promotions; or
- Contact us by email or through our customer service number.
Personal Information We Collect Automatically
We, and the vendors we work with, may also collect some personal information automatically based on your interaction with us, and our websites using automated tools. For example, cookies, pixels, and other passive information collection technologies enable us to compile aggregate statistics concerning use of our Services, analyze trends, enhance the security of our Services, deliver content and advertisements, and otherwise administer and improve our Services. For example, we collect personal information about you automatically when you:
- Make a purchase, including information about the transaction, such as product details, purchase price, and date and location of the transaction;
- Complete a form on our website;
- Access and use our Services, including information about the type of browser used, access times, pages viewed, and IP address; or
- Use a computer or mobile device to access our Services, including information about the hardware model, operating system and version, unique device identifiers, and mobile network information.
We use third-party web analytics services to help us understand and analyze how visitors use our Services. We have, for example, implemented Google Analytics Advertising features such as dynamic remarketing, interest-based advertising, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, display advertising, and video ads reporting. For more information on how Google Analytics uses data, visit google.com/policies/privacy/partners/. To opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout. To adjust your Google advertising settings, visit: myadcenter.google.com.
Information We Collect About Your Location
Our Services may access and collect your geolocation information to facilitate provisions of Services, such as to provide you with information about shows or artists playing near you. We also may use information about the location of the device you are using to help us understand how Services are being used and to deliver more relevant advertising. For most mobile devices and computer systems, you are able to adjust your settings to limit our collection of this information.
Personal Information from Other Parties
We may get personal information about you from other sources, including our mailing list providers; payment processors; data enhancement and data analytics vendors; marketing and advertising vendors and partnerships; businesses we partner with for promotions and contests; and information you make publicly available elsewhere, such as through social media.
HOW WE USE PERSONAL INFORMATION
We may use your personal information to:
- process your orders or purchases;
- communicate with you, including to respond to your questions and requests, provide you with documentation or communications you have requested, send you notices about our Services, offer customer support, or contact you for information or after-sales support;
- personalize our content, including to make recommendations to you about our Services, to tailor the information we send or show you, and to offer location-based customizations and personalization based on your interactions with our Services;
- market and advertise our products, including to send you news, updates, special offers and promotions, and targeted advertising;
- monitor and analyze trends, usage, and the activities of users of our Services to better understand how our users access and use our Services in order to improve them, respond to user preferences, and for other research purposes;
- improve our Services and notify you about important updates;
- perform business analyses or for other business purposes, such as evaluating transactions involving our Services;
- identify, prevent, investigate, and take other actions with respect to suspected or actual fraud or illegal activity or other activity that violates our policies;
- ensure the security and integrity of our personal information processing;
- protect our rights, property, or safety and that of our users and our confidential and proprietary information;
- comply with applicable laws, rules, regulations, and legal processes as well as our company policies, including to respond to claims asserted against us and to enforce or administer terms and agreements; and
- for any other purposes, with your consent.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information with our affiliates, business partners, and vendors. For example, we may use vendors to help us operationally or to administer activities on our behalf, such as payment processing. We also may disclose your personal information to: (1) as permitted or required by federal or state laws and regulations; (2) in the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, liquidation, reorganization, or any other business transaction, including negotiations of such transaction); (3) when we determine that disclosure is necessary or appropriate to respond to legal process, including to disclose personal information to a court, legal authority, opposing party in litigation, our legal counsel, or other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process; (4) to enforce our policies or to protect legal rights, property, or safety; or (5) with your consent or at your direction.
Any information, including personal information, that you post on any public areas of our Services, such as reviews, comments, and photos, may be available to, and searchable by, all other users. Reviews also may be publicly accessible.
OUR RETENTION OF YOUR PERSONAL INFORMATION
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
- The personal information is reasonably necessary to protect or defend our rights or property; or
- We are otherwise required or permitted to keep your personal information by applicable laws or regulations.
Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention practices, please contact us using the contact details below.
USER GENERATED CONTENT
In addition, we may collect information from you when you contact us or when you submit a review, comment, or other content to our Services or on our social media pages. We may choose to disclose the personal testimonials of our customers, including your name, on our Services or with our affiliates, our business partners and franchisees, and our vendors. If you wish to update or delete your testimonial, you can contact us at the contact details below.
Updating Your Information
If you wish to correct any of the personal information you have provided to us, you may do so by logging in to your account. Please note that outdated copies of information that you have updated may remain viewable in cached and archived pages for a period of time, and we may maintain records in our systems of this information as well.
Communication Preferences and Marketing
We may send periodic promotional or informational communications to you. If you do not wish to receive marketing emails from us, you can opt out of future emails by following the instructions provided in our emails. Opting out of marketing emails will not affect our administrative emails about your account or any product you have requested or received for us.
You also have the choice to opt-in to receiving text messages and alerts on the mobile phone number(s) you disclose to us. Once you opt-in, we may send you text messages (1) regarding your account; (2) about our products and promotions (including advertisements, sales, and special offers); and (3) to investigate or prevent fraud. You do not have to opt-in to text messages and alerts to use our Services. If you opt-in, standard text messaging charges may apply. You may choose to opt-out of our text messages and alerts at any time by sending us a text message from your mobile phone.
USERS IN CALIFORNIA
Unless otherwise noted, the disclosures that describe how and why we collect and use your personal information also describe how and why we collected and used your personal information within the past twelve (12) months.
Personal Information Collection, Sources, and Disclosures
We collect the following categories of personal information about California consumers:
- Customer Records
- Characteristics of Protected Classifications under California or Federal Law
- Commercial Information
- Internet or Other Electronic Network Activity Information
- Geolocation Data
- Professional or Employment-Related Information
For examples of the specific type of personal information we may collect about California consumers, please see the “Personal Information We Collect” section above. You can learn more about our business and commercial purposes for data collection the data collect in the “How We Collect and Use Personal Information” section above. For more information about our retention practices, please see the “Our Retention of Your Personal Information” section above.
Sources of Personal Information
We may collect personal information directly from you when you provide us information online, or through electronic forms; our customer service number; automatically through our Services via cookies and other tracking technologies; and from our service providers, vendors and suppliers, or other individuals and businesses.
Disclosures of Personal Information
We may disclose the following categories of personal information to our service providers, other vendors (including those that facilitate interest-based and other advertising and marketing), and other parties for a business purpose.
- Customer Records
- Commercial Information
- Internet or other electronic network activity information
The categories of persons to which we may disclose this personal information include our affiliates, our business partners, service providers, professional advisors, and external auditors. More information on how we disclose personal information can be found in the “How We Disclose Your Information” section above.
Sales and Sharing of Personal Information
Although we do not sell personal information in exchange for money, some of the ways we disclose personal information for advertising purposes may be considered “sales” or “sharing” under California law. We may “sell” or “share” the following categories of personal information:
- Commercial Information
- Internet or other electronic network activity information
We may sell and share personal information to the following categories of third parties: advertising partners and social media platform. We sell and share personal information for the purpose of analytics, data strategy, consultation on development or improvement of products and services, marketing, advertising, and related services for the benefit of MAX and our business partners.
We do not have actual knowledge that we sell or share the personal information of anyone under the age of 16.
Your California Privacy Rights
Right to Know. You have the right to know:
- The categories of personal information we have collected about you, including:
- The categories of sources from which the personal information was collected
- Our business or commercial purposes for collecting (or selling or sharing—if applicable) your personal information
- The categories of recipients to which we disclose personal information
- The categories of personal information about you that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information; and
- The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
- The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete personal information that we collected from you, subject to certain exceptions. In response, we will delete, and instruct any applicable service providers or contractors to delete, your personal information, unless an exception applies.
Right to Correct. If you believe that the personal information we maintain about you is inaccurate, you may submit a request for us to correct that information. Upon receipt of a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as you direct.
Right to Opt Out of Sales and Sharing. You have the right to direct us not to sell or share your personal information. To opt out of the sale or sharing of personal information through tracking technologies such as cookies and pixels, please visit “Cookie Settings” available at the bottom of each page on the website. If you choose to use the Global Privacy Control (GPC) browser signal, or any other opt-out preference signal, you will be opted out of online, cookie-based sales or sharing of personal information associated with the browser for which you have enabled the signal. If you use multiple browsers or devices, you will need to activate the signal for each one that you use.
Non-Discrimination Rights. We will not discriminate against you, if you choose to exercise any of your CCPA rights. We do not use the fact that you have made a privacy rights request for any purpose other than facilitating a response to your request.
How to Submit a Privacy Rights Request
You can exercise your privacy rights by emailing us at firstname.lastname@example.org or calling us at 844.261.3446.
Only you, or someone you authorize to act on your behalf, may make a request related to your personal information. If you designate an authorized agent to make a request on your behalf, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.
Certain CCPA privacy rights requests are subject to a verification process. If you submit a request to know, request to delete, or request to correct, you will be asked to log into your account or to provide 2-3 pieces of personal information that we will match against our records to verify your identity. We will not fulfill a CCPA privacy rights request unless we have been provided sufficient information for us to reasonably verify that the requestor is the person about whom we collected the personal information. Please follow any instructions provided and promptly respond to any follow-up inquiries so that we may confirm your identity. If you request that we provide you with specific pieces of information or request deletion or correction of certain kinds of information, we may apply heightened verification standards.
California’s Shine the Light Law
California’s “Shine the Light” law allows California customers to request a list of third parties to whom a business has disclosed personal information, during the preceding calendar year for third-party direct marketing purposes.
California residents may ask MAX to provide them with (1) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. California residents may make one such request per calendar year.
To make this request, you may contact MAX at email@example.com. In your request, please state that you are a California resident making a request under California’s Shine the Light Law and provide a current California mailing address for our response. Please allow up to thirty (30) days for a response. MAX reserves its right not to respond to such requests submitted to addresses other than those specified in this paragraph.
Please note that rights under the CCPA and California’s Shine the Light law must be exercised separately.
MAX is based in the United States. If you are using our Services outside of the United States, please be aware that the personal information we obtain about you may be transferred to and processed in the United States or other jurisdictions outside of your own. Your personal information may be accessible by public authorities where it is processed. By using our Services and providing your personal information, you acknowledge that your personal information may be processed in jurisdictions other than your own. Please be aware that the data protection laws and regulations that may apply to your personal information transferred to the United States or other countries may be different from the laws in your country or residence.
USERS IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND
Music Audience Exchange, Inc. is the data controller for customer personal information collected through our Services. You may be required to provide certain personal information, such as your contact information and payment details, in order to use our Services and place an order for our products.
Legal Bases for Our Personal Information Processing
Your personal information is processed under the following legal bases:
- The processing is necessary for us to provide you with the services you request or to respond to your questions.
- We have a legal obligation to process your personal information, such as compliance with applicable tax laws or other government regulations or compliance with a court order or binding law enforcement request.
- We have a legitimate interest in processing your personal information and our reasons for using your personal information outweigh the potential prejudice to your data protection rights. In particular, we have a legitimate interest in the following instances:
- To maintain and improve our Services;
- To operate and promote our Services, to advertise and provide you with information and communications about our Services that are tailored to, and in accordance with, your preferences;
- To analyze and improve the safety and security of our Services, including by implementing and enhancing security measures and safeguards and protecting against fraud, spam, and other abuses; and
- To protect our legal rights, prevent misuse of our Services, perform on a contract, or comply with other legal obligations.
- You have consented to our processing of your personal information. When you consent, you may change your mind and withdraw your consent at any time by emailing us at firstname.lastname@example.org.
Your provision of personal information is required in order for us to provide the Services. In some instances, if you fail to provide such personal information, you may not be able to access and use the Services.
Your Privacy Rights
You may ask us to take the following actions with respect to your personal information:
- Access. You may request that we provide you with information about our processing of your personal information and access to your personal information.
- Correction. You may request that we update or correct inaccuracies in your personal information.
- Deletion. You may request that we delete your personal information;
- Portability. You may request that we transfer a copy of your personal information to you or a third party of your choice.
- Restrict. You may request that we stop or restrict our processing of your personal information.
You may submit these requests by emailing us at email@example.com. We may require specific information from you to help us verify your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to any legal restrictions on disclosing this information.
Submitting a Complaint. If you would like to submit a complaint about our use of your personal information or our response to your request regarding your personal information, you may contact us at firstname.lastname@example.org or submit a complaint directly to the data protection authority in your jurisdiction. If you reside in the EEA, you can find information about your data protection authority here. If you reside in the UK, you may file complaints with the Information Commissioner’s Office here. If you reside in Switzerland, you can contact the Federal Data Protection and Information Commissioner here.
Transfers of Your Personal Information
When you directly provide your personal information through our Services, you acknowledge that your personal information is being provided by you to a company based in the United States. The laws that apply to personal information protection in the United States differ from those applicable in the EEA and the UK. If it is necessary for us to transfer personal information out of the EEA and the UK, we do so by using suitable data transfer safeguards, such as the standard contractual clauses approved by the European Commission, which impose data protection obligations on parties to the transfer. You may obtain additional information about our data transfer mechanisms by contacting us at email@example.com.
SWEEPSTAKES, CONTESTS AND PROMOTIONS
We may offer sweepstakes, contests, and other promotions (a “Promotion”) via the Services or through one of our social media pages that may require registration. We may request additional information to participate in Promotions (such as your photos, personal opinions, preferences and interests). Participation in these Promotions is completely voluntary and you may choose whether or not to participate and therefore disclose information.
SECURITY OF YOUR PERSONAL INFORMATION
We maintain appropriate safeguards designed to protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, no data security measures can guarantee 100% security. We encourage you to safeguard your passwords, ID numbers, and other information you use to access our Services.
LINKS TO OTHER ONLINE PROPERTIES
Certain features of our Services may permit you to interact with social media networks operated by unaffiliated parties, for example, if you “like” or “follow” us on those platforms (“Social Features”). If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the social media platform may receive information about you and your use of our Services. Similarly, if you interact with us through Social Features, we may have access to information about you from the social media platform. In addition, we may track when you like us, follow us, or share our content through Facebook, Twitter, or other social media platforms.
You may also choose to use Social Features on the Services such as logging into the Services with your username and password from another website. As part of the functionality of the Services, we may offer you the ability to connect your social network account with certain applications such as Spotify. If you choose to connect to one of these social network account, we will disclose certain personal information with such social network .
Please note that if you mention MAX, or comment about or in response to us, in your post on a social media platform, that platform may allow us to publish your post on our Services or public social media pages or otherwise use your post about us. You should review the terms, policies, and settings of these platforms to learn more about their data practices and adjust your settings accordingly.
PRIVACY OF CHILDREN
Our Services are not intended for children, and we do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will delete it in accordance with applicable law.