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Hello, and welcome to Got Instrumentals’ Privacy Policy (“Privacy Policy”). This Privacy Policy governs Got Instrumentals, and is designed to help you make informed decisions regarding your use of the Got Instrumentals Service and your relationship with us. Please read the following carefully. Your use of Got Instrumentals and any personal information you may provide through the website – www.gotinstrumentals.com (“Website”) – and/or the mobile application (“Mobile Application”) is subject to the terms of this Privacy Policy and our Terms and Conditions of Use incorporated herein, as each may be amended from time to time. Please note that any image or other content that you may post on or upload to the Website or Got Instrumentals is not considered personally identifiable information subject to this Privacy Policy and may be published, or otherwise utilized by Got Instrumentals, in its sole discretion.

1. Introduction

Thank you for choosing Got Instrumentals. To provide you with the Got Instrumentals Service (or “Service,” as both are defined in the Terms and Condition of Use), Gotinstrumentals LLC (“Got Instrumentals” or “we” or “us” or “our”) must collect certain information surrounding your use of the Got Instrumentals Service. This Privacy Policy describes the information collected, what is done with the information, and how you can manage and control the use of same. By using, interacting, or otherwise accessing the Got Instrumentals Service, you are agreeing to enter into a binding contract with Got Instrumentals, and are consenting to the use of your information as further explained in this Privacy Policy. If you do not agree with the terms and conditions stated herein, your only option is to discontinue using the Got Instrumentals Service.

2. The information we collect

2.1. Registration Data

Got Instrumentals offers the Got Instrumentals Service free of charge. For your convenience, you have the option to purchase a pro membership (“PRO Membership”) for use pursuant to the Got Instrumentals Service. Whether you elect to use the Service free of charge, or through a PRO Membership, when you sign up for the Got Instrumentals Service, we may ask you to provide the following information: (1) username; (2) password; (3) email address; (4) date of birth; (5) gender; (6) postal code; and (7) country of residence. In the event you elect to purchase a PRO Membership, Got Instrumentals may also ask you to provide your credit or debit card number and information. We may also collect information you voluntarily add to your membership profile, such as your mobile phone number and mobile service provider. Got Instrumentals offers you the ability to connect to the Got Instrumentals Service through your Facebook profile. Should you elect to connect to the Got Instrumentals Service using your Facebook credentials, you hereby authorize Got Instrumentals to collect authentication information for the purpose of ensuring that you are using your Facebook profile, and no one else’s. Such information may include your Facebook username, encrypted access credential, and such other information that may be available on or through your Facebook account, including, but limited to, the following: (1) your name; (2) profile picture; (3) country of residence; (4) hometown; (5) email address; (6) date of birth; (7) gender; (8) Facebook friends’ names and profile pictures; and (9) networks. Got Instrumentals may store this information so that it may be used, from time to time, for the purposes set forth and explained in Section 3.

2.2. Usage and log data

Through your use of the Service, Got Instrumentals may automatically collect the following: (1) information regarding your type of subscription and interactions with the Got Instrumentals Service, including, but not limited to, with songs, playlists, other Got Instrumentals Users, Third Party Websites (as defined in the Terms and Conditions of Use) and advertising, and products and/or services that are offered, linked to or made available on or through the Got Instrumentals Service; (2) details of the queries you make regarding Got Instrumentals; (3) user content uploaded to the Mobile Application or Website; (4) technical data, including, but not limited to, your URL, IP address, unique device ID, network and computer performance, browser type, language and identifying information, transactional information enabling digital rights management, operating system, and Mobile Application version; and (5) location information. Should you elect to connect to the Got Instrumentals Service using your Facebook account, we may receive similar information regarding your interactions with the Service on Facebook. Got Instrumentals may store this information so that it may be used, from time to time, for the purposes set forth and explained in Section 3.

2.3. Other Services

Got Instrumentals offers you the ability to integrate your Got Instrumentals membership account with third party services besides Facebook (“Other Integrated Services”). Should you elect to integrate your Got Instrumentals membership account with Other Integrated Services, Got Instrumentals may receive, use and share the categories of information described above, including, but not limited to, information you have made publically available on or through your account with said Other Integrated Service, subject to the terms and provisions found within this Privacy Policy.

2.4. Payment data

As stated above, Got Instrumentals offers you the ability to purchase a PRO Membership in order to use the Got Instrumentals Service. When you sign up for a trial period or any or of our paid subscriptions (such as a PRO Membership), or make other such purchases through the Service, your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors. Got Instrumentals may collect some limited information, such as your postal code and details regarding your transaction history. Generally, these third parties provide Got Instrumentals with some of your limited information, such as a unique token that allows you to make additional purchases using the information they have stored, and your credit card’s type, expiration date, and last four digits. Should you elect to pay for a trial period, any of our paid subscriptions, or other such purchases by invoice, Got Instrumentals may need to collect and transfer additional information, such as your name, date of birth, and phone number to our invoicing service provided to enable credit checks and send you invoices. The use of your data by our invoicing service provider and/or third party payment processors is subject their respective privacy policies, of which Got Instrumentals has no control or authority over. Got Instrumentals cannot, and does not, make any representations regarding the practices and policies of these companies.

2.5. Cookies and similar technologies

In order to better enhance your experience, we may place Cookies on your personal device used for the Got Instrumentals Service. A cookie is a small text file that resides on your computer, mobile phone, or other device for the purpose of storing your user preferences and allowing us and our business partners to recognize your personal device when you return to the Service. We may use cookies to perform functions essential to the operation of the Got Instrumentals Service, track Service usage and trends, provide advertising on the Service, and improve and customize your personal experience with Got Instrumentals. We may also allow certain business partners to place or recognize cookies for the foregoing purposes. Cookies do not tell us your personal information unless you choose to provide such information through registering with the Got Instrumentals Service. Most browsers automatically accept cookies. However, you have the option of setting your browser in a way that will prevent you from receiving cookies. You may also delete existing cookies stored on your browser history. Should you elect to disable cookies or other similar tracking technologies from Got Instrumentals, some functions may not function properly and you may be prevented from accessing certain features found within the Got Instrumentals

2.6. Sweepstakes, contests and surveys

From time to time, Got Instrumentals may offer you the opportunity to participate in sweepstakes, contests, and surveys promoted through the Got Instrumentals Service (“Special Promotions”). A user’s participation in a Special Promotion is entirely voluntary. Special Promotions may be governed by a privacy policy and/or terms and conditions that are separate from this Privacy Policy or the Terms and Conditions of Use incorporated herein. If the provisions of the Special Promotions’ privacy policy and/or terms and conditions conflict with this Privacy Policy and/or the Terms and Conditions of Use incorporated herein, those separate provisions shall prevail. Should you elect to participate in a Special Promotion, Got Instrumentals may ask you to provide certain personal information that may be combined with other account information, and may be used and shared, from time to time, as described in this Privacy Policy.

3. How we use the information we collect

Got Instrumentals may use the information we collect, including, but not limited to, your personal information, to: (1) provide, personalize, and improve your experience with the Got Instrumentals Service and products and/or services made available through the Service; (2) ensure proper technical functioning of the Got Instrumentals Service and products and/or services made available through the Service; (3) develop new products and/or services and analyze your use of the Got Instrumentals Service, including, but not limited to, your interaction with applications, advertising, products and services that are made available, linked to, or offered by the Service; (4) communicate with you for Service-related purposes, including, but not limited to, promotional emails or messages; (5) enable and promote the Service, including features, content, products and/or services made available by or through the Service, such as sharing, user interactions, notifications and suggestions, and integration with third party services (i.e., Other Integrated Services); (6) enforce this Privacy Policy and the Terms and Conditions of Use incorporated herein, including, but not limited to, the protection of the rights, property or safety of Got Instrumentals, you, or any other person or entity and the copyright-protected content found on or through the Got Instrumentals Service; and (7) as otherwise needed, pursuant to the terms stated in this Privacy Policy.

4. How we share the information we collect

Got Instrumentals may share the information we collect, including, but not limited, to your personal information, as follows:

4.1 Finding you and sharing within the Got Instrumentals Service

Got Instrumentals offers the Got Instrumentals Service as a social service that enables users many ways to find, enjoy, and share content, and Got Instrumentals allows and encourages users to explore who else is using the Got Instrumentals Service and their public profiles. Much of your Got Instrumentals profile information attached to your membership account is made publicly available to others by default. Such information may include your: (1) name and/or username; (2) profile picture; (3) type of subscription; and (4) playlists that you have created or subscribed to. Got Instrumentals may use your public information to promote the Got Instrumentals Service and to help others find you and/or your Got Instrumentals public profile’s content, including through Facebook and Other Integrated Services. Your activity on the Service, including, but not limited to, music you listen to or add to your profile and third party applications that you add or use will automatically appear in the activity feed of friends. We may use your information to notify others though the Service, or via email, Facebook or Other Integrated Service, about news related to your public profile and activity. By way of example, such news may include that you have joined Got Instrumentals, taken actions related to their Got Instrumentals profiles or content that they subscribe to, or other such actions that we may think are of interest to them. Likewise, we may notify you about such activity of other users.

4.2. Sharing with Facebook and other services

Should you elect to connect to the Got Instrumentals Service using your Facebook account, or otherwise connect your Got Instrumentals membership account to an Other Integrated Service, Got Instrumentals will automatically share your activity and activity-related stories with the service, including, but not limited to, the music you may be currently listening to. You understand, acknowledge and agree that such information may be attributed to your account on Facebook or the Other Integrated Service, and may be published on such service. In the event you would like to disable the sharing of information on Facebook and/or the Other Integrated Service, See Section 5 below.

Got Instrumentals also allows users the ability to share a particular item of content, on an individual basis, to third party services or other Got Instrumentals users by using the “Share” functionality located in the Service. Please note that the sharing of such content on a third party service may be posted as an activity on the Services, regardless of your account settings. In order to share an individual item of content to a third party service, you will be asked to enter your access credentials for that third party service. Got Instrumentals may store your username and access token, or other similar credentials obtained from the third party services, for the purpose of granting you the ability to share particular items of content, on that third party service, on an individual basis, without having to re-enter your access credentials. You understand, acknowledge and agree that Facebook’s and/or Other Integrated Services’ use of your personal information that they collect from you is governed by their respective privacy polies, that Got Instrumentals use of such information is governed by this Privacy Policy, and that Got Instrumentals neither controls, nor has any authority, over the Facebook’s and/or Other Integrated Services use of your personal information, or their respective privacy policies.

4.3. Sharing with Third Party Applications

For the purpose of personalizing your experience with the Service, Got Instrumentals may share information collected from you with providers of third party applications. Such information may include, but is not limited to, your locations, musical preferences, settings and/or technical data. Got Instrumentals takes great precautions in order to prohibit third party application providers from attempting to identify you by using the information provided to them, or by collecting additional information without your prior consent. However, please note that if you: (1) actively choose to provide third party application with additional information, such as by visiting a third party application (thus enabling collection of your IP address), dragging and dropping a playlist into a third party application, or allowing us to share your location when third party application providers request same from us; or (2) consent to collection of additional information about you by a third party application provider by, for example, registering or logging in to the third party application, the third party application may be able to identify and associate the information previously provided by Got Instrumentals with you. You understand, acknowledge and agree that a third party application provider’s respective privacy policy governs their use of your personal information, and that Got Instrumentals neither controls, nor has any authority, over the third party application provider’s use of your personal information, or their respective privacy policies.

4.4. Service providers and others

From time to time, Got Instrumentals may engage other companies and third party service providers for the purpose of performing certain functions and processing user data, subject to the terms contained in Section 3 above. Such third party service providers’ processing of user data will be subject to security and confidentiality obligations consistent with the terms and provisions contained within this Privacy Policy, the Terms and Conditions of Use incorporated herein, and applicable law.

4.5. Other sharing

In addition to the above, we may also share your information to third parties for these limited purposes:

a. To allow a merger, acquisition, or sale of all or a portion of Got Instrumentals assets
b. To respond to legal process (i.e., a court order or subpoena) if we believe that, in our sole discretion, it is necessary to do so in order to (1) comply with requirements of mandatory applicable law; (2) protect the rights and property of Got Instrumentals, users, or other persons or entities; (3) enforce the provisions of this Privacy Policy and the Terms and Conditions of Use incorporated herein; and (4) to address fraud, security and/or other technical issues
c. To inform business partners about your use of the Got Instrumentals Service and the products and/or services made available through the Service in the form of aggregated statistics, or in another format designed to protect your identity if you expressly opt in to such sharing
d. You understand, acknowledge and agree that the third party’s respective privacy policy governs its use of your personal information, and that Got Instrumentals neither controls, nor has any authority, over the third party’s use of your personal information, or their respective privacy policies

5. Your preferences

Though your Got Instrumentals membership account settings, you have the option of choosing what communications you receive from us, managing your public profile information, and setting your sharing preferences. However, please note that it may not be possible to make certain information private on the Service, such as your name and/or username and profile picture. Information that is set to “public” in your settings may be used, re-shared or linked to by others on the Service or across the web. As a result, you should be careful to use the Got Instrumentals in a manner you are comfortable with and should manage your account settings regularly and accordingly. If you elect to set your profile content to “private,” others who already subscribe or otherwise have the details of such content will still have access to it. Additionally, playlists and other content included in your profile may include personal information, such as your username, which may enable others to find you through the Got Instrumentals Service or other services.

In order to change, customize, or limit access to or sharing of your profile information collected from Facebook or Other Integrated Service, please visit your Got Instrumentals membership account settings on your device.

6. Transfer to other countries

Got Instrumentals processes information about our users on servers located in a number of countries across the world. Got Instrumentals may also subcontract processing or share your information with third parties located in countries, other than your home country. For example, information collected within Switzerland may be transferred to, and processed in, a country that is not Switzerland. Your continued use of the Got Instrumentals Service serves as your express consent to such action. In the event you do agree to be bound by this provision, your only option is to discontinue using the Got Instrumentals Service.

7. Links

From time to time, Got Instrumentals may display advertisements and/or other content that links to Third Party Websites. You understand, acknowledge and agree that a Third Party Website’s respective privacy policy governs its use of your personal information, and that Got Instrumentals neither controls, nor has any authority, over the third party application provider’s use of your personal information, or their respective privacy policies. You click on a link and/or advertisement to a Third Party Website at your own risk. Please read the respective privacy policy of the applicable third party website in order to better understand how it collects and processes your personal information.

8. Security and Password

Got Instrumentals is fully committed to the protection of our users’ personal information. Your password created and linked to your Got Instrumentals membership account protects your account from unauthorized access. While Got Instrumentals takes reasonable data protection precautions to ensure the safety of your personal information, no security measures are completely secure, and we do not guarantee the security of user information at any time. As a result, you should create a unique and strong password, limit access to your personal device, and sign off when you have finished using the Got Instrumentals Service.

9. Eligibility

Got Instrumentals offers the Got Instrumentals Service to the general population. However, for users in the United States, the Got Instrumentals Service is not directed or meant for children under the age of thirteen, and we do not knowingly collect personal information from children under thirteen. If you are under thirteen years of age, you should not use or otherwise access the Service, and should not provide any personal information to us. If we discover that a person under the age of thirteen has provided us with personal information, we will delete it. Furthermore, if we discover that a person under the age of thirteen has provided us with false information for the purpose of using or otherwise accessing the Got Instrumentals Service, the account, and all information related thereto, will be deleted.

10. Accessing and updating user information

You are free to access and change some of the personal information we keep on you through your settings. You may ask us to delete personal information that is inaccurate, incomplete or irrelevant, or that is being processed in a manner that violates or infringes upon any applicable law or legal requirements. We may elect to retain personal information with your comment or correction noted in our records instead of deleting such information. Your right to review, modify, update, correct or delete your personal information may be limited, subject to the laws of your jurisdiction: (1) if your requests are abusive or unreasonably excessive in nature; (2) where the rights or safety of another person would be encroached upon or violated; (3) if the information or material requested relates to existing or potential legal proceedings between you and us; or (4) if providing you access would prejudice or otherwise harm negotiations between us or an investigation of possible illegal activity. Furthermore, your right to review, modify, update, correct or delete your personal information shall be subject to our records maintenance policies and applicable law, including, without limitation, any statutory retention requirements. To learn more about your personal information stored by us, please email [email protected]. We will respond within a reasonable period of time upon verification of your identity.

11. Retaining Your Personal Information

Got Instrumentals will retain your personal information while you have an active membership account with us and thereafter so long as needed for purposes that are not prohibited by applicable law. Once no longer needed, we will either delete your personal information or de- identify is to that it becomes anonymous and no longer attributable to you.

12. Notice to California Customers

Pursuant to California Civil Code section 1798.83, certain businesses must respond to California customer requests inquiring about the businesses practices related to the disclosing of personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses must institute a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has elected to opt-out of such information sharing. If you wish opt-out of our sharing your personal information with third parties for the third parties’ direct marketing purposes offline, please contact us at [email protected]

13. Changes to the Privacy Policy

This Privacy Policy may be changed or otherwise modified from time to time. The revised Privacy Policy will be posted on this page for your acknowledgement and understanding. Additionally, you will be informed of any changes to this Privacy Policy through the Got Instrumentals Service. Your continued use of the Got Instrumentals Service thereafter shall serve as your acceptance of any such changes

14. Contact Us

If you have any questions or comments relating to the terms contained herein this Privacy Policy, please contact us at [email protected]

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