Version 1.1

Effective Date as from 1 July, 2012

 

IN THIS PRIVACY POLICY (the “POLICY”), “WE,” “US,” “ITS” AND “OUR” REFER TO TUNASPOT AB (“TUNASPOT”), AND “YOU” AND “YOUR” REFER TO YOU. Before using the website(s) containing the link to this policy (the “Site”) or utilizing the services provided by us, whether via the Site or applications or widgets provided by us (the “Services”), please read carefully this Privacy Policy (“Policy”).

 

A. Introduction

 

This Policy tells you how we use and protect personal information collected through use of the Site and via the Services. This Policy covers only information that is collected via the Services and/or through the Site, and no other websites that may be linked to or from this Site; nor does this Policy apply to practices of companies that we do not control or to people we do not employ or manage.

 

By accepting the Policy during registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy and to all other terms herein.

 

It may be possible for you to browse certain parts of the Site without telling us who you are or revealing any information that enables us to directly identify you as an individual. However, you may lose anonymity once you give us other personal information about you, and by doing so, you agree to the collection, transfer and storage of that information to our servers and to the terms of this Policy.

 

B. Information Collected

 

The following personal information about you may be collected and stored by us (which shall be in addition to the information we collect as described in the Terms of Use):

 

(i) name and identity, email address, birth date, location information, and third party service provider information you provide (such as e.g. Twitter, Facebook, Foursquare, and Spotify).

 

(ii) information responsive to surveys or applications for employment, disclosed in resumes, or requested in order to provide brochures or information about our business, employment, products or services;

 

(iii) transactional information based on your activities on the Site or via your use of the Services;

 

(iv) community discussions, chats, dispute resolution, correspondence through the Site/Services, and correspondence sent to us;

 

(v) computer sign-on data, time and date data, statistics on page views and clicks, your IP address, your GPS location, the type of computing environment you use, and Site and Services traffic (including data about you whenever you interact with the Site and Services, such as when you search, click on links, send messages, make comments, and drop and receive location-specific playlists (aka “Tunas”);

 

(vi) other technical information or data collected from Site traffic, including IP address and standard web log information and information gathered from cookies;

 

(vii) supplemental or additional information we may request from you in the event previous information you’ve provided cannot be verified;

 

(viii) Your User Submissions (as that term is defined in the Terms of Use) and any other information that you choose to make available or that other users share about you; and

 

(ix) information that you voluntarily provide to us.

 

C. Our Use of Information

 

We may combine your information with information we collect from other sources to improve the Site and Services and to improve the functionality and depth and breadth of offerings provided by us and our third party affiliates, customers and partners. We may provide, sell or rent anonymized information to non-affiliated third parties arising from your use of the Site, not connected to your identity, for marketing or other commercial purposes. Such use of your information collected per this Policy is used to better the user experience for all.

 

We provide data to our advertising partners or customers after we have removed your name or any other personally identifying information from it, or have combined it with other people’s data in a way that it is no longer associated with you. Similarly, when we receive data about you from our partners or customers, we keep the data and subsequently combine it with other people’s data in a way that it is no longer associated with you. Further, you agree that we may use your personal information as specified in the Terms of Use, and to:

 

(i) fulfill the purposes disclosed when you provided your information to us;

 

(ii) provide, deliver, and collect payment for the services, products, and customer support you request (if applicable);

 

(iii) review and process applications for employment;

 

(iv) resolve disputes, collect fees (if any), and troubleshoot problems;

 

(v) prevent potentially prohibited or illegal activities, and enforce our Terms of Use and this Policy;

 

(vi) customize, measure, and improve the Site and Services;

 

(vii) provide you with personalized content and offerings;

 

(viii) tell you about targeted marketing, service updates, and promotional offers including based on your communication preferences; and

 

(ix) compare information for accuracy, and verify it with third parties.

 

Further, we may disclose personal information to our service providers and contractors to facilitate our delivery of the Services and maintenance of the Site, to respond to legal requirements, in connection with a merger, sale of assets, or other similar corporate transactions, to respond to claims that Content violates the rights of others, and to protect the rights, property, or safety or any person.

 

In sharing your personal information with some or all of the above recipients for the purposes described in this Policy, we may need to transfer it to other countries that are outside of the European Economic Area, and so not governed by European data protection requirements.

 

The creator of a location-specific playlist will be informed of who has picked up this playlist (including the username and profile picture). To request removal of a playlist, please contact privacy@tunaspot.com. You should be aware that if you or your friends add your home as a new venue in the Service database and that information is published on the Site or via the Services (for example, via a user checking in to that home venue), that information may be available to others and may be published by third parties without our control.

 

Further, we use Google Analytics and other similar A/B testing solutions, to better understand who uses the Service and Site and how people use same. Google Analytics uses cookies to collect and store anonymous information such as time of visit, pages visited, time spent on each page on your site, IP address and type of operating system used. We use this information to improve the Site and Services and make same appealing to as many users as possible.

 

D. Sharing Information

 

We may also share your personal information with:

 

(i) members of our corporate family to help detect and prevent potentially illegal acts and provide joint services to requesting users;

 

(ii) service providers, consultants or similar contractors to support or enhance the Site or our business operations, or to whom we contract in order to carry out transactions initiated by you, such as credit card processing organizations;

 

(iii) other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and solicited consent when using a specific service);

 

(iv) law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity;

 

(v) persons as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; and

 

(vi) other business entities, should we plan to merge with, or be acquired by that business entity.

 

It may be necessary for us to transfer your personal information to the United States. You should be aware that privacy laws in the United States may not correspond to the laws of your country, and by using the Services and Site, you consent to the transfer, storage and processing of your personal information in the United States in accordance with this Privacy Policy and applicable law.

 

E. Your Use of the Site and Services

 

In order to offer the Services for which you will use the Site, your user ID will necessarily be displayed throughout the Site and to the public via the Services. All of your activities on the Site will be traceable to your user ID, from which your actual identity may be known. Notices are sent to other community members regarding suspicious activity and policy violations on the Site and refer to user IDs and specific items. Please understand that if you link your name with your user ID, others will be able to personally identify your activities.

 

F. Web Site Features

 

The Site may utilize “cookies”, which are small text files placed on your computer or device, to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety. They are commonly used to make websites work, or to work more efficiently. We use cookies to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety. Certain features are only available through the use of cookies, and generally we need to use cookies to help identify you and maintain your signed-in status. You are always free to decline Site cookies via your browser settings, although doing so may interfere with your use of the Site. You may encounter cookies from non-affiliated third parties on certain pages of the Site. To learn more about cookies, please visit allaboutcookies.org.

 

In addition, the Site may incorporate pixel tags, web beacons or other web site usage measurement technologies. Such devices are used to collect other information, such as the identity of the applicable internet service provider, the user’s IP address of his or her terminal device, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the Site, and other similar traffic-related information. Such information is used for the purposes described above. We may also aggregate such information with similar data collected from other users and disclose such aggregate information to third parties.

 

G. Password

 

Your password deserves careful thought and protection. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately access your profile on the Site to change your password and notify us immediately at privacy@tunaspot.com.

 

H. Your Rights

 

You can see, review and change most of your personal information by logging into the Site. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting or introduce a new playlist, you may not be able to change or remove it. Upon your request, we will close your account and endeavor to remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot pr