Privacy Policy

Last Updated May 5, 2021

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE USING THE TUNETANK INC. WEBSITE AND/OR SERVICES. BY ACCESSING AND USING THE TUNETANK INC. WEBSITE AND/OR SERVICES, YOU WILL BE DEEMED TO HAVE WHOLLY ACCEPTED TUNETANK INC.’S PRIVACY POLICY.

Your use of the Tunetank Inc. and its affiliates (“Tunetank”), if and as applicable, Website and Services (as defined in Tunetank’s Terms of Service, and herein), including any dispute concerning Your online privacy therewith, is subject to Tunetank’s Privacy Policy (“Privacy Policy”) and Tunetank’s Terms of Service (“Terms of Service”). By using the Tunetank Website and/or Services, You ACCEPT the practices set forth in the Privacy Policy and the Terms of Service. For this reason, please frequently refer to this Privacy Policy to ensure Your continued ACCEPTANCE of all Tunetank practices relating to Your personal and user information. Your continued use of any portion of the Website and/or Services following the posting of an updated Privacy Policy will constitute Your full ACCEPTANCE of any changes.

Tunetank has created this privacy statement in order to fully disclose its information gathering and dissemination practices for the Tunetank Website (“Website”) and the Services offered and provided through the Website (“Services”).

Changes in Privacy Policy

Tunetank reserves the right to modify this Privacy Policy at any time and will notify You as to any changes via the Website, by email, or as outlined in the Terms of Service. Tunetank wants You to always be aware of what personal and other information it collects, how it uses that information, and under what circumstances Tunetank may disclose it. All personal information that Tunetank collects will be handled in accordance with the Privacy Policy in effect at the time the information is collected. If the Privacy Policy changes in any significant respect in the meantime, Tunetank will not (without Your permission) use Your personal data in a manner that is inconsistent with the Privacy Policy in effect at the time Your information was collected. 

Table of Contents

  1. Background Information
  2. A Word from Tunetank
  3. Information Tunetank Collects
    • Information Tunetank Collects Through the Website
    • User Content
    • Providing Your Information to Tunetank
    • User Portfolio
    • Third-Party Websites and Service Providers
    • Third-Party Applications
    • Information Relating to Children
    • Cookies and Web Beacons
    • Targeting Cookies
    • YouTube API Client
  4. Purpose of Processing & Use and Disclosure of Information
    • How Your Personal Information is Used
    • Disclosure of Information to Third Parties
    • Securing the Transmission and Storage of Information
    • Change of Control
  5. Data Choices Available to You
    • Opt-In and Disclosure
    • Opt-Out Options
    • Registration Email and Contact by Tunetank
    • User Portfolio Preferences
    • California Residents
  6. Rights of European Users under the GDPR
    • Data Controller
    • Data Processor
    • Consent
    • Legal Basis for Processing
    • GDPR Rights:
      • Right of Confirmation
      • Right of Access
      • Right to Rectification
      • Right to Erasure (Right to be Forgotten)
      • Right to Restriction of Processing
      • Right to Data Portability
      • Right to Object and Automated Decision Making
      • Right to Object to Processing
    • Retention Policy
    • Cross-Border Data Transfers
  1. Privacy-Related Inquiries and Complaints

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A. BACKGROUND INFORMATION

Upon reading this Privacy Policy, You will be informed of the following:

  • Description of the types of personally identifiable information (Yours and that of third parties) collected through the Website and Services;
  • How the collected personally-identifiable information is used;
  • With whom the collected personally-identifiable information may be shared;
  • The choices available to You regarding the collection, use, and distribution of such information;
  • Security procedures that are in place to protect against the loss, misuse, or alteration of personally identifiable information under Tunetank’s control; and
  • Instructions on how You can access and correct any inaccuracies in the information collected about You.

A note about the Website and Services: Some of Tunetank’s Services, data centers, service providers, affiliates or operating partners and servers may be located in other countries. As such, the Website and Services may be subject to the laws of numerous countries and jurisdictions, some of which may require Tunetank to disclose certain information about its users. Tunetank is committed to keeping Your information private while still complying with all applicable laws in every jurisdiction(s) in which it operates.

Should You have any concerns or believe that there are problems or issues relating to compliance with the policies outlined in this Privacy Policy, please notify Tunetank’s Data Protection Officer by email at ns@tunetank.com, as also outlined in Section G, below.

B. A WORD FROM TUNETANK

Tunetank has a strong commitment to providing superior service to all of its customers, users, and visitors and particularly respecting their concerns about privacy. Tunetank understands that You may have questions about how the Website and Services collect and use Your information. Accordingly, Tunetank prepared this statement to best inform You of the privacy principles that govern the Website and Services. Tunetank will not sell or rent Your personally identifiable information or a list of its customers and/or users to third parties. However, as described in more detail below, there are limited circumstances in which some of Your information may be shared with third parties—under strict restrictions—so it is important for You to frequently review this Privacy Policy.

This Privacy Policy contains numerous general and technical details about the steps Tunetank takes to respect Your privacy. Tunetank has organized this Privacy Policy by major processes and areas so that You can quickly link to the information of most interest to You. The bottom line is that meeting Your needs and expectations forms the foundation of everything Tunetank does, including the protection of Your privacy.

C. INFORMATION TUNETANK COLLECTS

Information Tunetank Collects Through the Website

This Website does not collect personally identifiable information from Your computer when You browse the Website and request pages from Tunetank servers. This means that, unless You voluntarily and knowingly provide Tunetank with personally identifiable information, Tunetank will not know Your name, email address, or any other personally identifiable information. 

When You request a page from the Tunetank Website, Tunetank’s servers log the information provided in the HTTP request header, JavaScript or similar technical tools, including the IP number, the time of the request, the URL of the request, and other information. Tunetank collects this information in order to make its Website function correctly and to provide You the functionality that You see on the Website, as Tunetank’s servers use this information to deliver to You the pages on this Website. Tunetank also uses this information to better understand how visitors use the Website and how Tunetank can better tune its Website, contents, and functionality to best meet Your needs. However, this information is not associated with any personally identifiable information of persons browsing the Website.

When You use the Website, Tunetank, or trusted authorized third parties, may also collect certain technical and routing information about Your computer (also known as environmental variables) to facilitate Your use of the Website and the Services enabled thereby. When You browse the Internet, Your Internet browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) automatically transmits some information to Tunetank every time You access content on one of Tunetank’s internet domains. Examples of such information include the URL of the particular Web page You visited, the IP (Internet Protocol) address of the computer You are using, or the browser version that You are using to access the Website. All of this information may be collected by Tunetank and used to help improve its offerings to You

User Content

User Portfolio holders may be permitted to upload certain content onto the Website and Services (“User Content”). This information shall be private and, except in accordance with this Privacy Policy or Terms of Service, will not be disclosed to third parties without Your prior permission. 

Providing Your Information to Tunetank

You never have to provide personally identifiable information to Tunetank. However, should You choose to withhold certain required information, Tunetank may not be able to provide You with some or all of the Services. Some of the information Tunetank asks You to provide may be identified as mandatory or optional. If You do not provide the mandatory information with respect to a particular activity, You may not be able to engage in that activity or make such a purchase. Tunetank will inform You of the mandatory or optional nature of the requested or required information.

Tunetank is the sole owner of the information it gathers on the Website and Services. Tunetank will only share Your information with outside parties in ways that are described in this privacy statement if required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, to cooperate with law enforcement agencies, to comply with a legal process served on Tunetank, or to otherwise comply with any current or future laws and regulations applicable to Tunetank.

You may be provided an opportunity on the Website to allow Tunetank to contact You from time to time regarding Tunetank news and product or Services updates. In order to do so, You may be required to provide certain personally identifiable information to Tunetank. Tunetank will treat this information in accordance with the policies set forth in this Privacy Policy.

When You submit personal information to Tunetank through the Website, You understand and AGREE that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Tunetank and its affiliates and subsidiaries maintain offices. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of Your information may be undertaken by trusted vendors of Tunetank. Such vendors are bound by contract not to use Your personal information for their own purposes or provide it to any third parties.

Tunetank may establish relationships with various service providers whose services may become available to You from the Website or from other websites that are linked to the Website. Typically, these providers would offer services that Tunetank customers might find useful, such as those that can be used in conjunction with the Website and Services. In order to use these services, You may be required to provide personal information to the services providers. Unless expressly provided to the contrary, personal information that You provide while You are visiting a provider's website will be subject to the privacy policy posted on such site; however, personal information that You provide while on the Tunetank Website in conjunction with a provider’s service will be subject to the Tunetank Privacy Policy. For instance, credit card information entered as part of the filling out the purchase form or registration process is collected by the third parties’ registration services and subject to their respective privacy policies. You should be aware that Tunetank’s agreements with these service providers often provide that they will share with Tunetank personal information collected from You. In such instances, Tunetank may use this information in a manner consistent with the Tunetank Privacy Policy.

Braintree, PayPal, and any other third-party payment service providers designated by Tunetank are responsible for payment information You provide through the Website, which will be subject to their respective privacy policies, available at:

User Portfolio

When registering for a User Portfolio or otherwise contacting Tunetank in connection with Your interest in utilizing Tunetank products or services, Tunetank may ask You to provide certain information. Such information may include Your name, email, location, and other personally identifiable information. It is completely optional for You to register for a User Portfolio or engage in activities requiring a User Portfolio or provide any personal identifiable information. However, certain information and proper identification may be required in order for You to engage in certain services provided by Tunetank.

Once You create a User Portfolio, You will be deemed a Registered User. You may also request to change information associated with Your User Account by contacting Tunetank at support@tunetank.com.

If You elect to use a third-party application, such as Facebook or Google Plus, to register for a User Portfolio in connection with the Website, Tunetank may receive Your personal information from the third-party application. Information received will consist of the public profile information You have provided to these third-party applications. This may include photographs, email addresses, phone numbers, mailing address(es), passwords, and user IDs. If You elect to use any third-party application in connection with the Websites, You should review its respective privacy policy in relation to any information transferred to Tunetank.

If You wish to deactivate your User Portfolio, You may contact Tunetank at support@tunetank.com. When You deactivate Your User Portfolio, all information stored and maintained as part of Your User Portfolio may be retained for archival, backup and record purposes. 

Third-Party Websites and Service Providers

The Website may contain links to websites owned and operated by third parties. These links are presented for Your convenience and information. Tunetank does not control these third-party websites and is not responsible for their privacy practices or content. Tunetank does not control the information collection and distribution policies on such websites other than those that are under the control of Tunetank itself. Content on third-party websites may not reflect products, services, and/or information provided by Tunetank. Third parties may also set their own cookies and/or use web beacons, which may be used to identify some of Your preferences or to recognize You if You have previously had contact with these third parties. Tunetank does not control the use of such technology by third parties, the information they collect, or how they use such information. You should direct all concerns regarding any third-party website to the site administrator or webmaster of such website.

The Website may include social media features which are either hosted by a third-party social media provider, such as Facebook, or hosted directly on the Website. Your interactions with any third-party social media feature(s) is governed by the privacy policy of the third-party provider. Third-party providers, including Facebook, may collect or receive information from Your app and other apps and use that information to provide measurement services and targeted ads. To find instructions on how You can opt-out of the collection and use of information for ad targeting from Facebook, visit the Facebook Help Center.

Tunetank also uses third-party advertising companies to serve ads when You visit the Website. These companies may use general information about Your visits to the Website as well as other websites in order to provide advertisements about goods and services of interest to You. If You would like more information about this practice and Your choices as to not having Your information used by these companies, please direct such concerns to the respective company’s administrator or webmaster as detailed below.

Third-Party Applications

Tunetank may make third-party applications available to You through the Website or Services. The information collected by Tunetank when You enable a third-party application is processed under this Privacy Policy. Information collected by the third-party application provider is governed by the provider’s privacy policies.

Information Relating to Children

The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) website. The Tunetank Website and any Software or Services available thereon are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, Tunetank recognizes that children under the age of 13 may potentially access the Website and subscribe to the newsletter, purchase Software and Services, or download software programs. This collection of information is covered above. Parents and Legal Guardians may request Tunetank to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting Tunetank’s Data Protection Officer by email at ns@tunetank.com.

Cookies and Web Beacons

The Website uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on Tunetank’s Website may require the use of a cookie for purposes of keeping information You enter on multiple pages together. Cookies also enable Tunetank to customize the Website and offerings to Your needs and provide You with a better online experience with Tunetank. In addition, cookies are used to:

  • Measure usage of various pages on Tunetank’s Website to help make Tunetank’s information more pertinent to Your needs and easier for You to access;
  • Identify and categorize the internet webpages from which the visitor came to the Website and in order to observe browsing patterns; and
  • Provide functionality such as online orders, Tunetank services and other functionality that it believes would be of interest and value to You.

The types of cookies that Tunetank uses are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once You leave the Website. Persistent cookies remain on Your computer hard drive until You delete them. Tunetank does not use cookies to gather information concerning Your visits to other websites, nor ascertain any personally identifiable information about You apart from what You voluntarily provide in your dealings with Tunetank. Cookies do not, under ordinary circumstances, corrupt or damage Your computer, programs, or computer files.

In addition, the service providers Tunetank uses to serve and host its advertisements, and/or deliver its emails, use session and persistent cookies to track the number of times the Website is accessed and whether the Website was accessed from an advertisement. There are no cookies in the advertisements or emails. A cookie is placed on Your computer only if and when You click on an advertisement or open an email. The cookie generated from the advertisement or email does not contain any personally identifiable information and will remain on Your hard drive until You delete it.

You may set your browser to block cookies (consult the instructions for Your particular browser on how to do this), although doing so may adversely affect Your ability to perform certain transactions, use certain functionality, and access certain content on Tunetank’s Website.

Web beacons are used in combination with cookies to help website operators understand how visitors interact with their websites. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. As opposed to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. These web beacons are not tied to personally identifiable information. The use of web beacons allows a site to measure the actions of the visitor opening the page that contains the web beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited at a website. Tunetank uses the information provided by web beacons to develop a better understanding of how the Website’s visitors use the Website, and to facilitate those visitors' interactions with the Website. Tunetank may make the aggregate data obtained from web analytics (including from its third-party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally identifying information or potentially-personally identifying information.

Targeting Cookies

Unless You are a Qualified Individual (as further described in this Privacy Policy), Tunetank uses targeting cookies to record Your Website visits, the pages You visited and the links You followed. Tunetank may use this information and share it with third parties to make the Website and advertising more relevant to You.

Tunetank’s trusted partners, such as Facebook and Google, help Tunetank to place advertisements on and off the Website, and perform analytics. Please read Tunetank partners’ privacy and cookie policies below:

Tunetank uses Google Analytics to analyze Website usage, with a performance cookie, which collects standard internet log and visitor information in an anonymized form. The information collected is transmitted to Google and then used to compile aggregate information on Website use. These cookies remain on Your device even after You have logged out of the session. Tunetank also uses Google Ads to oversee online advertisements and to determine which advertisements users click on and respond to frequently. These cookies remain on Your device even after You have logged out of the session. To opt-out of being tracked by Google Ads visit Google Ads Help.

Tunetank may partner with third-party advertisers to provide information about its goods and services that may be of interest to You. These third-party advertisers may use cookies alone and/or web beacons or other tracking technologies to collect information about You when You use the Website. They may collect information about Your online activities over time and across different websites and other online services. They may use this information to provide You with relevant advertising or other targeted content. These advertising partners do not have access to or use of Your name, address, email address, telephone number or other personally identifiable information from Tunetank, without Your CONSENT. They may use persistent identifiers to anonymously track Your Internet usage across other websites in their networks beyond the Website. While Tunetank restricts their further use of such information, such third parties may, with sufficient data from other sources, be able to personally identify You, unknown to Tunetank. Tunetank may add or change the list of third-party ad servers from time to time and Tunetank encourages You to regularly check this section for changes. To learn more about how online advertising works visit and read the article “Understanding Online Advertising.”

YouTube API Client

TuneTank Services require the use of a YouTube API Client to check the video description of YouTube videos posted by You for the necessary attribution notice and to remove copyright strikes on Your videos by cross referencing Your YouTube channel with the TuneTank whitelist. The API Client collects Your YouTube video titles, video descriptions, likes, dislikes, channel name, and subscriptions. TuneTank stores information collected by the API Client for no longer than thirty (30) days. TuneTank does not share the information collected using the API Client with third-parties. By using the API Client, You agree to be bound by the YouTube Terms of Service found at https://www.youtube.com/t/terms and the Google Privacy Policy found at http://www.google.com/policies/privacy. To revoke the API Client's access to Your data, adjust the Google security settings at https://security.google.com/settings/security/permissions, however, some TuneTank Service features may not be available to you.

D. PURPOSE OF PROCESSING & USE AND DISCLOSURE OF INFORMATION

How Your Personal Information is Used

Tunetank collects information from You in order to record and support Your participation in the activities provided by Tunetank. Tunetank may use Your email address to send a confirmation email when You sign up for a User Portfolio and, if necessary, may use other information You provide to contact You for help to process the purchase or service You have selected. Your personal information also may be used to keep You informed about new services, service upgrades, special offers, and other Services.

As described above, Tunetank may collect information about Your use of the Website and Services. This information is collected in aggregate form, without identifying any user individually. Tunetank may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Tunetank recognizes and appreciates the importance of responsible use of information collected on this Website. Without Your CONSENT, Tunetank will not communicate any information to You regarding the Website, Services, or special offers available from Tunetank or its affiliates, although Tunetank may find it necessary to communicate with You regarding Your use of the Website, or Services in certain limited circumstances. Except in the particular circumstances described in this Privacy Policy, Tunetank will not provide Your name to other companies or organizations without Your CONSENT.

Disclosure of Information to Third Parties

Although Tunetank will always strive to guard Your identity, Tunetank may disclose Your personally identifiable information without Your permission in limited circumstances. Tunetank will only do so if it has a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests or (2) to investigate or protect against harmful activities to its guests, visitors, associates, or property (including the Website or Services), or to others. If Tunetank is required by law enforcement or judicial authorities to provide Your personally identifiable information, Tunetank will only do so upon receipt of appropriate documentation. Tunetank may also disclose Your information to investigate violation of and enforce its Terms of Service. Please know that Tunetank does not take this responsibility lightly. Your privacy is of paramount importance to Tunetank.

Tunetank does use the services of third parties, such as email service providers, purchase, shipping and order processing merchants and marketing companies that act as independent contractors on behalf of Tunetank. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Tunetank specifies. Tunetank does provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to Tunetank. Tunetank prohibits the sale or transfer of personal information to entities outside of the Tunetank’s affiliates for their use without Your approval.

Securing the Transmission and Storage of Information

Tunetank operates secure data networks protected by industry-standard firewall and password protection systems. Tunetank security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by Tunetank users. Tunetank takes steps to ensure that Your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while Tunetank strives to protect Your personal information, it cannot guarantee the security of any information You transmit to Tunetank or from the Website or Services. Your use of the Website and Services is at Your own risk.

Tunetank treats the information You provide to Tunetank as confidential information; which is, accordingly, subject to Tunetank’s company security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches Tunetank it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures and electronic firewalls designed to block unauthorized access outside of Tunetank. Because laws applicable to personal information vary by country, Tunetank offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this Privacy Policy is processed and stored in the United States and possibly other jurisdictions and also in other countries where Tunetank and its service providers conduct business. All Tunetank employees are aware of Tunetank privacy and security policies and are expressly required by Tunetank to abide by these policies. Your information is only accessible to those employees who need it in order to perform their jobs.

Change of Control

In the event that all or substantially all of Tunetank’s stock and/or all or substantially all assets are transferred or sold to another entity, Tunetank may transfer personally identifiable information to the acquiring entity. If, as a result of such a business transition, Your personally identifiable information will be used in a materially different manner, You will be given choice consistent with Tunetank’s Privacy Policy regarding notification of changes.

E. DATA CHOICES AVAILABLE TO YOU

Opt-In and Disclosure

You may always choose whether or not to disclose personally identifiable information and that choice will not prevent You from using the Website and having limited access to the Website and Services. Please note, however, if You should choose to withhold certain requested information, Tunetank may not be able to provide You with some or all of the Services dependent upon the collection of this information. You will be given an opportunity to “opt-in” and make Your preference choices for any items that are optional and which are not prerequisite for Tunetank rendering such services. 

Opt-Out Options

You can choose at any time to opt-out of receiving emails from Tunetank by clicking the unsubscribe link at the bottom of any email You receive from Tunetank or by contacting Tunetank directly at support@tunetank.com. Should You elect to opt-out, Tunetank will not, as applicable, share Your personal information with third parties or send You emails. However, Tunetank may continue to use Your personal information for internal purposes, to enhance Your user experience or as necessary to administer the Website or comply with applicable law.

Registration Email and Contact by Tunetank

Tunetank reserves the right to send a one-time registration confirmation email, and infrequent service alert messages to users to inform them of specific changes that may impact their ability to use a service they have previously signed up for, regardless of email contact opt-in status. Tunetank also reserves the right to contact You if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements. Tunetank is retaining this right because in limited cases Tunetank feels that it may need to contact You as a matter of law or regarding matters that will be important to You. This does not allow Tunetank to contact You to market a new or existing service if You have asked Tunetank not to do so, and issuance of these types of communications is rare.

User Portfolio Preferences

When You create a User Portfolio with Tunetank and/or provide Your email address and other personal identification information, based on Your personal preferences, Tunetank may periodically contact You via email and provide information about special offers and promotions that may be of interest to You. These communications will relate to Tunetank offers and/or the promotions of select, reputable third parties with whom Tunetank has a strategic marketing relationship because they offer products or services that Tunetank believes would be of interest to You. Tunetank may use a third-party email service provider to send emails to You. This service provider is prohibited from using Your email address for any purpose other than to send Tunetank-related email. If You do not wish to receive emails with updates and information please unsubscribe by sending an email to support@tunetank.com. In addition, every time You receive an email, You will be provided the choice to opt-out of future emails by following the instructions provided in the email. You may also opt-out online by updating Your User Portfolio as described in the User Portfolio section of this Privacy Policy (above).

To ensure that Your request is honored, You must provide Tunetank with information sufficient for Tunetank to accurately identify and access Your records. The information Tunetank requires is Your full name, address and the email address You provided to Tunetank when You requested services or products. Tunetank reserves the right to contact You to verify that it has accurately identified Your record.

California Residents

If You are a California resident, You can request a notice disclosing the categories of personal information that Tunetank may share with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit Your request to Tunetank’s Data Protection Officer at ns@tunetank.com. Please allow 30 days for a response. For Your protection and the protection of all of our users, Tunetank may ask You to provide proof of identity before it can answer such a request.

F. RIGHTS OF EUROPEAN USERS UNDER THE GDPR

Tunetank complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). If You are a natural person (“Qualified Individual”) of the European Union within the meaning of the GDPR, You are afforded certain additional rights by the GDPR as further described within this section.

Data Controller

When and if Tunetank receives Your personal information directly from You through its Website or Services, it performs the functions of a Data Controller, as defined by the GDPR, and has the ability to determine how personal data is collected, for what purposes, and how this data is to be processed. As the controller, Tunetank has implemented many technical and operational measures to ensure the most complete protection of personal data processed through its Website, and Services.

Data Processor

Tunetank processes Your data in accordance with this Privacy Policy. Tunetank uses industry standard safeguards to secure Your information.

Consent

If You are a Qualified Individual, consents concerning Your personal information is handled in compliance with the GDPR. Where and if consent requirements under this Privacy Policy conflict with the GDPR, the GDPR prevails if the regulation applies to You.

Legal Basis for Processing

Article 6(1)(a). of the GDPR serves as the legal basis for processing operations for which Tunetank obtains consent for a processing purpose. If the processing of personal data is necessary for the performance of a contract to which You are a party, as is the case, for example, when processing operations are necessary to provide a service, the processing is based on Article 6(1)(b). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning Tunetank products or Services. If Tunetank is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c). If the processing of personal data may be necessary to protect Your vital interests or of another EU natural person, then the processing is based on Art. 6(1)(d). Finally, processing operations could be based on Article 6(1)(f) if processing is necessary for the purposes of the legitimate interests pursued by Tunetank or by a third party, except where such interests are overridden by Your fundamental rights and freedoms under the GDPR.

GDPR Rights:

  • Right of Confirmation

            You may obtain confirmation of whether or not Your personal data is being processed. If You wish to exercise Your right of confirmation, You may contact Tunetank using the contact information at the bottom of this Privacy Policy.

  • Right of Access

            You may obtain from information about Your stored personal data at any time and a copy of this information. If You wish to exercise Your right of access, You may contact Tunetank using the contact information at the bottom of this Privacy Policy.

  • Right to Rectification

            You may request the rectification of inaccurate personal data. Taking into account the purposes of the processing, You have the right to have inaccurate or incomplete personal data completed or deleted, by means of providing a supplementary statement. If You wish to exercise Your right of rectification, You may contact Tunetank in accordance with Section G, below.

  • Right to Erasure (Right to be Forgotten)

            You may request the erasure of Your personal information by contacting Tunetank using the contact information at the bottom of this Privacy Policy. Furthermore, You may delete Your User Portfolio information by accessing Your User Portfolio settings page on the Website. Please note that while any changes You make will be reflected in active user databases within a reasonable time, Tunetank may retain all information You submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where Tunetank otherwise reasonably believes that it has a legitimate reason to do so, such as for archiving purposes within the public interest.

  • Right to Restriction of Processing

            You have the right to restrict processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
  • The data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
  • Right to Data Portability

            You may request to receive Your personal data in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without interference.

            Furthermore, You may have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.

  • Right to Object and Automated Decision Making

            You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects You, as long as the decision is not is necessary for entering into, or performance of, a contract between you and Tunetank; or is not authorized by European Union or Member State law to which You are subject; or is not based on the data subject’s explicit consent.

  • Right to Object to Processing

            You may object to the processing of Your personal data using the contact information at the bottom of this Privacy Policy, unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise or defense of legal claims.

If Tunetank processes personal data for direct marketing purposes, You shall have the right to object at any time to the processing of Your personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If You object to Tunetank to the processing for direct marketing purposes, then Tunetank will no longer process the personal data for these purposes.

Retention Policy

Tunetank only retains the personally identifiable information about You for as long as Your User Portfolio remains active or for a limited period of time as long as it needs to provide You with Services or otherwise fulfill the purposes for which Tunetank have initially collected it, or as otherwise required by law. Tunetank will retain and use information as necessary to comply with its legal obligations, archival purposes, resolve disputes, and enforce its agreements.

Cross-Border Data Transfers

If and when sharing of information sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions, Tunetank uses EU Standard Contract Clauses and other suitable safeguards to permit data transfers from the EU to other countries. The Standard Contractual Clauses commit companies transferring and receiving Your personal information to protecting the privacy and security of Your data. Copies of Tunetank’s current Standard Contractual Clauses are available on request using the contact details listed below.

G. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

Tunetank takes and addresses its users’ privacy concerns with the utmost respect and attention. Tunetank will personally investigate and attempt to resolve all complaints regarding use and disclosure of Your personal information by reference to the principles of this Privacy Policy. If You believe that there was an instance of non-compliance with this Privacy Policy with regard to Your personal information (an inquiry) or You would like to make or follow-up on a complaint, please contact Tunetank at:

Tunetank Inc.

Data Protection Officer: Mr. Nikita Sekachev

Email: ns@tunetank.com

ATTN: Privacy Matter

Mailing Address: 84 Leonard Street, Ste 200, Belmont, MA, USA 02478

In Your message, please describe in as much detail as possible the nature of Your inquiry or the ways in which You believe that the Tunetank online Privacy Policy has not been complied with. Tunetank will investigate Your inquiry or complaint promptly.

Please note that if You provide Tunetank with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact You with marketing offers and indicating on another occasion that they may not), Tunetank cannot guarantee that Your most recent privacy preference will be honored.

If You are a Qualified Individual, You may lodge a free complaint with the DPA in the country where You live if You are unsatisfied with how Your complaint is handled by Tunetank. If You are an EU resident, You can find Your DPA by visiting the European Commission Website on Data Protection Authorities.

Copyright © 2021 Tunetank Inc. All rights reserved. The Website, Services, and all documentation are the copyrighted property of Tunetank Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Tunetank™ and related logo, and all related Product and service names, design marks and slogans are the trademarks and/or registered trademarks of Tunetank Inc. and/or its affiliates. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Tunetank Inc. or third-party trademarks or logos without the prior written consent of Tunetank Inc. or the applicable trademark owner is strictly prohibited.

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