Last Updated April 9, 2019
Tunetank is committed to adhering with EU-US Privacy Shield Principles regarding all personal data received from the European Union (EU) in reliance on the Privacy Shield, and currently is undergoing the certification process for such participation. As such, Tunetank is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Tunetank’s commitment to these Principles is outlined in Section G & H, below. To learn more about Privacy Shield and the Principles You can visit the Privacy Shield website.
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”).
Table of Contents
A. BACKGROUND INFORMATION
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.
B. A WORD FROM TUNETANK
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 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.
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.
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.
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:
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 email@example.com.
If You wish to deactivate your User Portfolio, You may contact Tunetank at firstname.lastname@example.org. 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.
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.
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 email@example.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:
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.
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.
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.
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 and are expected to provide the same level of protection for personal information as required by the EU-US Privacy Shield Principles. 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
Change of Control
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.
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 firstname.lastname@example.org. 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
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.
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 email@example.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.
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.
Legal Basis for Processing
Art. 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.
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.
You have the right to restrict processing where one of the following applies:
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.
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.
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.
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
Data Protection Officer: Mr. Nikita Sekachev
ATTN: Privacy Matter
Mailing Address: 84 Leonard Street, Ste 200, Belmont, MA, USA 02478
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.
Tunetank is committed to cooperate with the panel established by the EU Data Protection Authorities (DPA) with regard to unsolved Privacy Shield Complaints concerning data transferred from the EU. 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.
H. PRIVACY SHIELD POLICY
EU-US Privacy Shield Principles
Under certain limited conditions, You may be able to invoke binding arbitration as provided under the Privacy Shield Framework to address an otherwise unresolved complaint.
Copyright © 2019 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.