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Amp Me Inc.

Privacy Policy

[Last Updated: 12/17/2018]

 

Protecting your privacy is really important to Amp Me Inc. (“Amp Me”, “Company” or “we”). With this in mind, we’re providing this privacy policy (“Privacy Policy”) to explain our practices regarding the collection, processing, use and disclosure of information that we receive through your use of (i) our mobile or desktop application (“App”); (ii) site; and (iii) the Services

 

We would further like to disclose and explain the lawful basis for which we process you data, all subject to the EU General Data Protection Regulation (“GDPR”) as well as other applicable data privacy regulations:

  1. Where you sign up for any of our Services, we process information in order to perform our contract with you;
  2. We have the legitimate interest to process online identifiers such as IP address (“Online Identifiers”) for the purpose of operating our Services;
  3. Some Online Identifiers, such as third party cookies we use are based on consent; and
  4. Any personal data you voluntarily provide us is processed based on your consent.

 

As defined under the GDPR AmpMe, a Canadian company with registered office in Montréal, Canada, 1000 de La Gauchetière Street West, acts as a Controller of the information processed by it, such as the data you provide when you create an account or when your contact us, all as detailed herein.

  

For more detail regarding the terms and conditions for use of the Services please read our Terms of Services, which together with this Privacy Policy, govern your use, access and activity through the Service. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

 

Revisions to this Privacy Policy

Any information that is collected via our Services is governed by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, subject to applicable law requirements, and we’ll update the “Last Updated” date above to indicate when those changes will become effective.

 

Collection of Information

Information Collected or Received from you or Third Parties

Depending on your interaction with us (meaning, if you are using our Free Services or a Paid Subscription), we may collect two types of information you, as follows:

 

 

  • “Non-Personal Information”: non-identifiable information which may be made available or gathered through your use of the Services. To clarify, we are not aware of your identity due to such information.  

 

 

 

  • “Personal Information”: individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual.

 

 

 

  • In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

 

 

The table below details and discloses the information we collect when you access or use our Services.

 

Type of Information

How Do We Use It?

Technical Information & Log Data

When you access our App or site, or use the Services we collect aggregated usage information and technical information about how a person uses our Services (“Log Data”). Log Data may include information such as a user’s Online Identifiers (as detailed below), browser type, operating system, other user device information (including device settings, model, brand, platform, language preference, etc.), geolocation (country and time zone), and battery percentage, type of internet access and app version.


In addition, we collect and process the web page that a user was visiting before accessing our Services, and the user’s actions and clickstream within the Services (e.g., the pages or features of our Services to which a user browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on, user settings associated with sharing Audio Content with other users of the App (including whether a user has selected offline or private mode and permissions given to other users), and other statistics.

We use this information for (i) operating, providing, maintaining, protecting, managing our Services; (ii) enhancing your experience; and (iii) our legitimate interests of auditing and tracking usage statistics.


We use this information, including the Log Data to administer, operate, provide protect manage and maintain the Services.  We may analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our users’ needs and preferences.





Online Identifiers.

We may collect certain Online Identifiers such as your IP addresses, Android ID, Advertising ID (if you are using an Android device) and IDFA (if you are using an iOS device) and MAC ID. Note that, these Online Identifiers are considered as Personal Information.

We process Online Identifiers under our legitimate interests of operating, providing, maintaining, protecting, managing, customizing and improving our Services. In the event of third party cookies we will obtain your consent prior to enabling the process of Personal Information.

Location Information.

When you use our Services, we may collect information about your location by converting your IP address into a rough geo-location or by accessing your device’s GPS coordinates or coarse location if you enable location services on your device.

We use the location in order to provide the Services. For example, when you create a “Party”, we use your location data in order to share your Party’s location with other users of the App. If you would like to restrict who can view your “Party”, you may change your preferences at any time by accessing the Party’s settings and by enabling the “private party” mode. If the location data will contain your process location, we will not process this data unless we have your consent.

Paid Subscription

We provide you with access to certain Services free of charge such as joining an experience remotely, but to enjoy the full benefits of our Services, which include to join or Host an experience or sync music or videos with an unlimited number of Friends (“VIP Services”), you must purchase subscription-based access to these VIP Services (“Paid Subscription”).

Paid Subscriptions are available through the iOS App Store or the Google Play Store (“App Store”), and your payment information is processed by the applicable App Store. AmpMe does not receive your payment information or other Personal Information from the App Store, rather solely a transaction/order ID which we use for tracking and reporting purposes.  Please see our Terms of Service for more information.

Account & Social Networks Log In

You are not required to create an account in order to use the Free Services or VIP Services. However, an account is required in order to enjoy the full benefits of the App, such as finding your friends’ parties and creating a profile that others can see. If you choose to create an Account, we’ll collect certain Personal Information such as your full name, email address. You may also choose to add a profile picture to your account by uploading or taking a picture.


In addition, once you create your AmpMe account, you can choose to provide us with access to the phone number and/or email address of your device contacts so that we can help you to find and follow your friends that are using AmpMe. You can withdraw your consent to share this information with us at any time by adjusting your settings within the App or your device.


Further, if you create an Account using your login credentials from one of your third-party social networking services such as Google, Facebook or Twitter (each, an “SNS Account”), you may grant us permission  to access and obtain from these third-party social networking services  certain information associated with your SNS Account such as your name, username, email address, age, gender, profile picture, other information you make public in your SNS account (including geo-location), and, when you login through your Facebook account, Facebook friends and Facebook ID.

We use this information in order to facilitate the login process, personalize your experience on the Services and provide you with products, services or features you request. You may be able to control what information you allow us to access in the preferences or settings of your SNS account. In addition, you can choose to make your SNS Account profile picture and name public within the Services to let other users know who you are, to connect with friends associated with your SNS Account within the Services, and invite friends from your SNS Account to join our Services.




Creating a Party.

You can create a party as part of the Free Services with or without an account. When you create a party, we collect a username that you choose as well as your location and Online Identifiers.

Your username will be used to identify your party to other users of the App. When you create a Party, your Party and your username will be made available to all other users of the App. If you wish to change your settings or restrict who can view or join your party, you can do so by accessing the party settings and by enabling the “private party” mode.

Information Collected from Third Parties.

We may obtain some information from third party streaming services you use, such as YouTube, Spotify or Sound Cloud, or other music services providers supported in our Services (“Third Party Services”) if you access or use the Services with your Third Party Services account. This information may include your account ID, email address, account status, playlists, and songs listening history, if your Third Party Services account settings so permit. You can control the Personal Information we receive by handling your settings in the Third Party Services settings and preference.

We use this information in order to provide you with the Services (search music, stream music, etc.) and to complete your public profile. Listening history is collected and shown on your profiles in a "Recently played" section. Email is collected for accounts deduplication (ex: linking account that has same email on Facebook and Google).

Contact Details.

If you contact us to report another user or for support, or otherwise provide feedback about your user experience, by any means of communication, you may be asked for or provide us with your contact details such as your name, email address, or other details you voluntarily choose to provide along with additional information we need to help us promptly resolve your issue or respond to your report, comment, or other feedback.

We will use this information solely for the purpose of responding to your inquiries and provide you with the support or information you have requested. We will process and store the contact history in the event we will find it applicable (e.g., to protect our legal rights), as well as in order to train our staff and improve our Services.

 

How we Collect Information

Depending on the nature of your interaction with the Services, we may collect information as follows:

  • Automatically – we may use cookies or other tracking technologies and third Party’s APIs (as elaborated in the section below) to gather some information automatically.
  • Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as through a registration process, contact us communications, etc.

 

Cookies and Web Technologies

Like many website or app owners and operators, we use automated data collection tools such as Cookies Web Beacons and third party’s APIs to collect certain information.

 

Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may collect information relating to use of Services such as time of use, number of people using the Service at a given time and demographic information, in order to understand how our Services are used and to improve our Services. We may also use Cookies to monitor usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser.  Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies, block cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your hard drive (see Interest-Based Advertising below for more information).

 

Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

 

We may permit third parties to use cookies or other technology to collect information about your online and application usage activities across our Services, this data may include Online Identifiers therefore we recommend you review our cookie policy carefully:

 

Cookie/API

Purpose

Privacy Policy and Opt-Out

Google Analytics

Analytic purposes, meaning this cookie help us gather and analyze information about the areas visited on the Services (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience.

www.google.com/policies/privacy/partners

 https://tools.google.com/dlpage/gaoptout


Further, please see:

“How Google uses data when you use our partners’ sites or apps” and “Google Analytics and Privacy

YouTube API

The Services use the YouTube Application Programming Interface (API) Services to enable you to access and use YouTube Audio Content.

Your use of YouTube in connection with the Services is governed by the YouTube Terms of Services (https://www.youtube.com/t/terms) and Google Privacy Policy (http://www.google.com/policies/privacy), which we encourage you to review.

Facebook Custom Audience

Marketing, i.e. in order to serve

targeted ads on Facebook, and we may provide a hashed version of your email address or other unique identifier to the third party for such purposes.

https://www.facebook.com/full_data_use_policy

 

Information that we Share with Third Parties

We will not share your Personal Information collected by us except as described below:

  • Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf, such as hosting our data, sending communications, etc. The third-party services providers are: mLab, Tune, Fabric, AWS, Google Cloud.
  • Information Shared with other Users. Since you will be using the Services with your Friends/Speakers, we will share with your Friends/Speakers information about what Audio Content is being played and which of your Friends/Speakers’ devices are being used for playing such Audio Content. We also allow you to follow other Users/Friends/Speakers, invite other Users/Friends/Speakers to interact with and share Audio Content with you, and, when you are the Host, control which Users/Friends/Speakers have access to or are able to see such information and which such Users can add or contribute Audio Content. We make a public chat function available within the App, which allows you to communicate with other Users/Friends/Speakers you interact with in the App. Any information you submit through this chat function is publicly available to us or other Users within the App.
  • Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the proposed or completed transaction.
  • Information Disclosed for Our Protection and the Protection of Others. We and our Canadian, US and other service providers may provide your Personal Information in response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US or other foreign governmental authorities, courts or law enforcement agencies), to other organizations in the case of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law. Further, we may share your Personal Information in order to enforce or apply our user terms and conditions; to protect our rights, or to preserve the safety of our users, as well as where we believe that the disclosure of such information is necessary in order to prevent severe injury or damage to you or to other third parties;
  • Authorized Disclosure. We may also share your information, including your Personal Information, when we have your consent to do so.

 

User Rights and Controls

Individuals have the right to know what information we hold about them and, in some cases, to have such information communicated to them. Individuals may also ask for our confirmation as to whether or not we process their Personal Information. Subject to the limitations in applicable law, individuals may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party.

 

The principal rights under applicable data protection law in relation to Personal Information are detailed in our User Rights Policy available at: https://www.ampme.com/user-rights  

 

If you wish to exercise any or all of the above rights, download the user right form and send it to us to: info@ampme.com.  

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority in the event you are located in the EEA. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month (following the receipt of the validation proof we require) in accordance with applicable law.

 

Note that, you can also access, update, correct or modify the Personal Information associated with your Account by logging into your Account changing your settings.

 

Opt-Out Controls

Cookies: You may set your browser to block all cookies, including cookies associated with our Services, or to indicate when a cookie is being set, by adjusting the privacy and security settings of your web browser. Please refer to the support page of the browser you are using. In this regard, following are some links which you may find useful:   Google Chrome ; FireFox ; Internet Explorer ; Safari ; Edge ; Opera. Note that once you opt out, part of the Services provided by us might no longer be available and some features may not work if you revoke the data transfer.

 

Direct Marketing: We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., transactional or account-related communications, communications regarding updates to our Terms of Service or this Privacy Policy or information about billing. To change your push notification settings, please go to Settings (in our Android or iOS Apps or your desktop or browser settings) to “opt-out” or disable all the notifications.

 

The Security of Your Information

Company uses appropriate industry-standard security measures to protect the information it collects about you, which include the use of firewalls and encryption. We have implemented technical, physical and administrative security measures to protect the Personal Information.

 

The data collected by us is stored in the Google LLC and AWS data servers located in the US, for more information regarding the data security provided by AWS please see: https://aws.amazon.com/security/.  These Services Providers are assessed as ensuring an adequate level of protection of your Personal Information since they have joined the Privacy Shield Program. You can ask a copy of the adequacy decision issued by the EU Commission by writing an e-mail at info@ampme.com with “Privacy Shield Decision” in the subject line.

 

For additional information regarding our security measures please see our Security Information available at: www.ampme.com/security

 

Further, in the event of a security incident, in which we discover your Personal Information may be at risk, we will take reasonable efforts to notify you and the applicable authority (if required, subject to applicable laws). The Company retains an internal security policy and educates its employees to secure Personal Information as well as notify its privacy team in the event of a security breach.  

 

Data Retention Policy

We will process Personal Information of individuals as long as their Accounts are activated, and until 5 years following their Account deletion, and solely with regards to Personal Information that we need to process in the event of disputes, subject to applicable law requirements.   

 

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

 

International Transfer

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there. We will take appropriate measures to ensure that your Personal Information receives an adequate level of data protection upon its transfer.

 

Our Policy toward Children

You represent and warrant that, (i) if you are located in the US, you are at least 13 years of age; or if you are located in the EU, you are at least 16 years of age; or if you are a resident of any other jurisdiction, you are above the age defined as “child” under applicable laws (collectively “Child(ren)”); and (ii)  you are of legal competence to enter into this Privacy Policy. If you are under 18, please be sure to read the terms of this Privacy Policy with your parents or legal guardians. The Services are not directed or intended for Children, as defined under applicable law, and we do not knowingly collect or solicit information from children.  If we later obtain actual knowledge that a user is considered as a Child under applicable law, we will take steps to immediately delete its Personal Information. We request that such individuals do not provide Personal Information through the Services. If you become aware or have any reason to believe that a Child has shared any information with us, please contact us at: info@ampme.com

 

Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers. For more information about Do Not Track signals, please see: http://www.allaboutdnt.com/.

Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their Personal Information for direct marketing purposes during the preceding calendar year and the categories of Personal Information shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at info@ampme.com with “California Privacy Rights” in the subject line.

 

Questions?

Please contact us at info@ampme.com if you have any questions about our Privacy Policy or the manner in which we or our service providers treat your personal information.