TERMS
OF SERVICE EFFECTIVE DATE: May 17, 2018
Welcome
to the Guitar Tricks learning service (referred to herein as either
www.guitartricks.com, the “app”, or the "Site"), owned
and operated by Guitar Tricks Inc. ('Company"). Subject to the
following Terms of Service ("Terms"), Guitar Tricks
provides users of the Site with access to services, including a
collection of guitar lessons, guitar and guitar-playing resources,
and forums of users and subscribers ("Services").
We
reserve the right to add, delete and/or modify any of the terms and
conditions contained in this Agreement. In the event of substantive
changes to the terms of this Agreement, you will be notified with a
notice on the site. If any modification is unacceptable to you, your
only recourse is to discontinue use of the Services. Your continued
use of the Services following posting of a change notice or new
agreement on the Site or notice to you via e-mail, will constitute
your binding acceptance of the changes.
1.
BINDING EFFECT.
This is a binding agreement. By using this services provided in
connection with the Site, you agree to abide by these Terms, as
Company may amend them from time to time in its sole discretion. No
one under 13 is allowed to create an account or use the Services.
By using the Services, you state that:
You
can form a binding contract with Company --- meaning that if you're
between 13 and 18, your parent or legal guardian has reviewed and
agreed to these Terms; and
You
will comply with these Terms and all applicable local, state,
national and international laws, rules, and regulations.
Special
notice regarding Citizens and residents of the European Union:
In accordance with the European Union’s General
Data Protection Regulation (GDPR),
Citizens of the EU who are younger
than 16-years-old, while they have the legal capacity to enter into
agreements, shall nevertheless be prohibited from doing so with
Company and from using the Services unless
consent
to use their Personal Data (their personally identifiable
information, such as name, email, phone number, IP address, etc.),
which is necessary to effectuate the service agreement herein, is
actually given or authorized by the holder of parental
responsibility over the child. For more information, visit our
Privacy Policy. (https://www.guitartricks.com/privacy.php)
2.
PRIVACY POLICY.
Company respects your privacy and permits you to control the
treatment of your personal information. A complete statement of
Company’s current privacy policy can be found by clicking here.
Company’s privacy policy is expressly incorporated into this
Agreement by this reference.
3.
COMPANY
SERVICES.
Company
provides three (3) levels of access to the Site and its Services:
Visitor
Access.
Any visitor to the Site will be able to access only basic
information about the Site and the Services of Company.
Registered
User Access.
Site visitors may register to use the Site by providing basic
information to Company, and registered users receive limited access
to Site Services.
Subscriber
Access ("Full Access").
Registered users may subscribe to "Guitar Tricks Full Access."
Subscriber Access requires periodic payments to take and remain in
effect. As a subscriber, you agree to pay for the subscription
period selected at the time of purchase. You will receive a
confirmation notice upon your original effective date with
information about your subscription. You may view current
information about your subscription at any time at your account page
(https://www.guitartricks.com/account.php).
It is your responsibility to review the notice and your account page
to ensure that it accurately reflects the requested subscription
period.
4.
SUBSCRIPTION - AUTOMATIC RENEWAL AND CANCELLATION POLICIES.
If you are a subscriber, you agree that your subscription shall renew
automatically, and that you authorize automatic renewal of your
subscription until it is cancelled. You can cancel the automatic
renewal of your subscription at any time. To do so, contact us using
any of the methods described at www.guitartricks.com/contact.php and
provide your account username or account email address. Your account
will be canceled within two (2) business days of receipt and
acceptance of your cancellation. Company will refund any payment made
within sixty (60) days of the payment date.
5.
USERNAME/PASSWORD PROTECTION.
Upon registering, you will either choose or be given a username and
password that will permit you to access the appropriate level of
services for the Site. You agree to take all reasonable steps to
protect and ensure the accuracy of any login, password or payment
information provided in connection with the Services. You further
agree to be the sole user of your username/password and the Services,
and to promptly notify Company if this is not the case.
6.
USER CONTENT.
You
hereby grant Company a license to use the materials you post to the
Site or Service. By posting, downloading, displaying, performing,
transmitting, or otherwise distributing information or other content
(“User Content”) to the Site or Service, you are granting
Company, its affiliates, officers, directors, employees, consultants,
agents, and representatives a license to use User Content in
connection with the operation of the Internet business of Company,
its affiliates, officers, directors, employees, consultants, agents,
and representatives, including without limitation, a right to copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat User Content. You will not be
compensated for any User Content. You agree that Company may publish
or otherwise disclose your name in connection with your User Content.
By posting User Content on the Site or Service, you warrant and
represent that you own the rights to the User Content or are
otherwise authorized to post, distribute, display, perform, transmit,
or otherwise distribute User Content.
7.
PROHIBITED USES OF THE SITE AND SERVICE. Company
imposes certain restrictions on your permissible use of the Site and
the Service. You are prohibited from violating or attempting to
violate any security features of the Site or Service, including,
without limitation, (a) accessing content or data not intended for
you, or logging onto a server or account that you are not authorized
to access; (b) attempting to probe, scan, or test the vulnerability
of the Service, the Site, or any associated system or network, or to
breach security or authentication measures without proper
authorization; (c) interfering or attempting to interfere with
service to any user, host, or network, including, without limitation,
by means of submitting a virus to the Site or Service, overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site or Service to send unsolicited e-mail, including,
without limitation, promotions, or advertisements for products or
services; (e) forging any TCP/IP packet header or any part of the
header information in any e-mail or in any posting using the Service;
(f)
threaten, harass, abuse, slander, defame or otherwise violate the
legal rights (including, without limitation, rights of privacy and
publicity) of third parties; (g) publish, distribute or disseminate
any inappropriate, profane, vulgar, defamatory, infringing, obscene,
tortious, indecent, unlawful, offensive, immoral or otherwise
objectionable material or information
or (h) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by Company in
providing the Site or Service. Any violation of system or network
security may subject you to civil and/or criminal liability.
A.
Print
and Download Restrictions.
The Site may at times contain proprietary and original material
licensed from Third Parties. The terms under these licenses may
prohibit the downloading and/or printing of such material by users.
Company is obliged under such licenses to disable the user's ability
to download and/or print such content. Any attempt by you to
circumvent these restrictions is a violation of the Terms and may
result in termination of service and appropriate legal action.
8.
INTELLECTUAL
PROPERTY NOTICES.
The name "Guitar Tricks" and its logo are trademarks of
Company. The Site contains proprietary, original material that is
protected by U.S. copyright and international treaties. Company, our
instructors and our licensors retain all intellectual property rights
with respect to such proprietary, original material. It is understood
that anyone who misappropriates the Company's name or content for
commercial use, without the express permission of the Company, may
subject himself to civil or criminal penalties. Similarly, any
commercial publication or exploitation of the Services or any content
provided in connection therewith is specifically prohibited and
anyone wishing to do so must first request and receive prior written
permission from Company.
9.
ALLEGED VIOLATIONS. Company
reserves the right to terminate your use of the Service and/or the
Site. To ensure that Company provides a high quality experience for
you and for other users of the Site and the Service, you agree that
Company or its representatives may access your account and records on
a case-by-case basis to investigate complaints or allegations of
abuse, infringement of third party rights, or other unauthorized uses
of the Site or the Service. Company does not intend to disclose the
existence or occurrence of such an investigation unless required by
law, but Company reserves the right to terminate your account or your
access to the Site immediately, with or without notice to you, and
without liability to you, if Company believes that you have violated
any of the Terms of Use, furnished Company with false or misleading
information, or interfered with use of the Site or the Service by
others.
10.
LINKS. Company
welcomes links to its www.guitartricks.com web site. You are free to
establish a hypertext link to this Site provided that the link does
not state or imply any sponsorship or endorsement by Company. Company
often links to web sites that are not under its control. Company is
not responsible for the contents of any linked site or any link
contained in a linked site. Company provides links only as a
convenience and the inclusion of any link does not imply endorsement
of the web site by Company.
11.
DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES. Company
may change or discontinue any of its Services or its dissemination of
the lessons of any instructor, category and type of music, resources
and data, and works of specific contributors, at any time and without
notice and without liability to you. Company may change or eliminate
any transmission method and may change transmission speeds or other
signal characteristics. Company, at its sole discretion, may
occasionally make modifications to the Site, its servers, and the
information, resources and data contained therein, including the
Services and/or Company's Full Access content.
12.
DISCLAIMER.
Please read this Disclaimer carefully before using any of the
Services, including subscribing to the Company's Full Access content.
You
understand and agree that the Services available on the site are
provided on an "as-is" and "as available" basis.
Company hereby disclaims any and all warranties with respect to the
Services, whether express, implied, statutory or otherwise, including
any implied warranties of fitness for a particular purpose,
merchantability, accuracy, title and non-infringement. In connection
with the foregoing you expressly agree that use of this site is at
your sole risk and without any warranty and that such exclusion of
warranties is an essential part of the basis on which Company
provides the Services.
You
expressly agree that use of the Services, including all lessons and
content distributed by, downloaded or accessed from or through this
Site, is at your sole risk. You understand and agree that you will be
solely responsible for any damage to you or your computer system or
for any loss of data that results from the use of the Services by
you.
Company
will make all reasonable efforts to have the Services available on a
24-hour basis, excluding normal network administration and system
down time, but if access is suspended or interrupted, liability will
be limited to restoring access to the Services as soon as practical.
With
respect to merchandise sold or given as gifts on the Site, any
references to their retail or market value represent their "estimated
market value." Estimated market value means that reasonable good
faith efforts have been made by Company to determine actual retail
value of the merchandise. Given the rarity and unique qualities of
the products, and the lack of available and reliable market data, the
values represented on the Site are estimates
only
and should not be relied upon as true indications of actual retail or
market value.
13.
LIMITATION ON LIABILITY.
Under no circumstances shall Company be liable, whether alleged as a
breach of contract, tort (including negligence and strict liability),
equity or otherwise, for any cost of cover or substitute service or
any indirect, incidental, special or consequential damages arising
from or in connection with the use the Services, or resulting from
unauthorized access to or alteration of transmissions of lessons or
of other information that is sent or received, including but not
limited to damages for lost profits, even if Company has been advised
of the possibility of such damages.
14.
COPYRIGHT INFRINGEMENT. Company
has in place certain legally-mandated procedures regarding
allegations of copyright infringement occurring on the Site or with
the Service. Company has adopted a policy that provides for the
immediate suspension and/or termination of any Site or Service user
who is found to have infringed on the rights of Company or of a third
party, or otherwise violated any intellectual property laws or
regulations. Company’s policy is to investigate any allegations of
copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights or the
rights of a third party have been violated and you want Company to
delete, edit, or disable the material in question, you must provide
Company with all of the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification
of the material that is claimed to be infringed or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit
Company to locate the material; (d) information reasonably sufficient
to permit Company to contact you, such as an address, telephone
number, and if available, an electronic mail address at which you may
be contacted; (e) a statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (f) a statement that
the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For this notification to
be effective, you must provide it to Company’s designated agent at:
Benjamin Martin
Guitar Tricks Inc
268 Bush St #4400, San Francisco, CA 94104
(855) 394-8482
legal@guitartricks.com
15.
INDEMNITY. You
agree to indemnify Company for certain of your acts and omissions.
You agree to indemnify, defend, and hold harmless Company, its
affiliates, officers, directors, employees, consultants, agents, and
representatives from any and all third party claims, losses,
liability, damages, and/or costs (including reasonable attorney fees
and costs) arising from your access to or use of the Site, your
violation of these Terms of Use, or your infringement, or
infringement by any other user of your account, of any intellectual
property or other right of any person or entity. Company will notify
you promptly of any such claim, loss, liability, or demand, and will
provide you with reasonable assistance, at your expense, in defending
any such claim, loss, liability, damage, or cost.
16.
DISPUTE RESOLUTION; ARBITRATION.
A.
Complaint
Process.
Any
individual may bring complaints relating to Company’s use of
Personal Data,
or
any other matter arising under this Privacy Policy, directly
to the company by sending notice of the complaint to the Company’s
Consumer Relations Officer at dataprivacy@guitartricks.com.
Company
shall respond in a reasonable time not to extend beyond 45 days.
B.
Good
Faith Negotiation; Arbitration.
Should a dispute arise between you and Company under this Agreement,
we would like to provide both parties with a neutral and
cost-effective means of resolving the dispute quickly. Therefore,
except
for
(i) claims for injunctive or equitable relief, (ii) claims regarding
intellectual property rights ((i) and (ii) shall be handled directly
by filing the matter with the appropriate State and Federal Courts
residing in San Francisco, California), or (iii) claims involving
anything related to Company’s use, retention, or sharing of
Personal Data (which shall be handled according to Section 16 of
Company’s Privacy Policy), for any claim arising under this
Agreement, either party shall attempt to resolve said dispute first
through good faith negotiations. Should that fail, either party may
elect to resolve dispute though binding non-appearance-based
arbitration under the Commercial Rules of Arbitration of the American
Arbitration Association conducted in San Francisco, California. The
Arbitrator and the parties must comply with the following rules: (a)
the arbitration will be conducted, at the option of the party seeking
relief, by telephone, online or based solely on written submissions;
(b) the arbitration will not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties;
and (c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION
AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A
JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS,
HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL
DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS
AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND
CONDITIONS OF THIS AGREEMENT.
C.
No Class Actions.
You and Company agree that either of you may bring claims against the
other only in your or its individual capacity and not as a plaintiff
or class member in any purported class or representative proceeding.
Further, you agree that the arbitrator may not consolidate
proceedings of more than one person’s claims and may not otherwise
preside over any form of a representative or class proceeding.
D.
Cause
of Action.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
17.
GENERAL PROVISIONS
A.
Entire
Agreement.
This Agreement contains the entire understanding of the parties
relating to the subject matter hereof. This Agreement cannot be
changed or modified except as provided herein.
B.
Waiver;
Severability.
A waiver by either party of any term or condition of this Agreement
will not be deemed or construed as a waiver of such term or
condition, or of any subsequent breach thereof. If any provision of
this Agreement is determined by a court of competent jurisdiction to
be unenforceable, such determination shall not affect any other
provision hereof, and the unenforceable provision shall be replaced
by an enforceable provision that most closely meets the commercial
intent of the parties.
C.
Binding
Effect.
This Agreement will be binding on the assigns, heirs, executors,
affiliates, agents, personal representatives, administrators, and
successors (whether through merger, operation of law, or otherwise)
of each of the parties.
D.
Notice.
Any notice, approval, request, authorization, direction or other
communication under this Agreement shall be given in writing and
shall be deemed to have been delivered and given for all purposes on
the delivery date if sent by electronic mail to the addresses
provided to and by you upon registration with Company, or as properly
updated, or, in the absence of a valid electronic mail address, via
any other method Company may elect in its sole discretion, including,
but not limited to, via posting on the Website.
E.
Governing
Law; Dispute Resolution.
This Agreement will be governed and interpreted in accordance with
the laws of the State of California applicable to agreements entered
into and to be wholly performed in California, without regard to
conflict of laws principles. Any and all disputes arising out of this
Agreement shall be resolved in the manner set forth in Arbitration
clause above.
F.
Rights
Cumulative.
To the extent permitted by applicable law, the rights and remedies of
the parties provided under this Agreement are cumulative and are in
addition to any other rights and remedies of the parties at law or
equity.
G.
Headings.
The titles and headings used in this Agreement are for convenience
only and are not to be considered in construing or interpreting this
Agreement.
H.
No
Third Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and
their authorized successors and permitted assigns. Nothing herein,
express or implied, is intended to or shall confer upon any person or
entity, other than the parties hereto and their authorized successors
and permitted assigns, any legal or equitable right, benefit or
remedy of any nature whatsoever under or by reason of this Agreement.
I.
Assignment.
Company may assign its rights and obligations under this Agreement at
any time to any party. You may not assign your rights and/or
obligations under this Agreement without obtaining Company's prior
written consent.
18.
ACKNOWLEDGEMENT. BY
USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
PRIVACY POLICY EFFECTIVE DATE: May 17, 2018
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1. INTRODUCTION. GUITAR TRICKS INC. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers,
visitors, and other users of the Company Website (“the Site”) and Mobile Applications (“the Apps”), together referred
to herein as “Services.” We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use
our Services and to demonstrate our commitment to fair information practices and to the protection of privacy. This Privacy
Policy is only applicable to the Services, and not to any other websites that you may be able to access from the Services,
each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy
Policy.
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2. DEFINITIONS
-
a. “Personal Data” and “Personal Identifiable Information” are data about an identified or identifiable individual. Personal
Data may include your name, address, telephone number, credit card information, and any other information that is connected
with you and may identify you personally.
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b. “Processing” of Personal Data means any operation or set of operations which is performed upon Personal Data, whether
or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval,
consultation, use, disclosure or dissemination, and erasure or destruction.
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c. “Controller” means a person or organization which, alone or jointly with others, determines the purposes and means
of the processing of Personal Data.
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d. “Agent” or “Processor” means any person or organization that processes Personal Data on Controller’s behalf.
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e. “Customer” means the subscriber of or visitor to the Company’s Site or Apps, or otherwise accesses the Company’s Services.
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3. COMPANY’S LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA. Any use of your Personal Data must be for a lawful purpose.
In Company’s case, the Personal Data requested from you (e.g., your name, address, email, billing information, etc.)
is necessary for the entering into and the performance of the lawful contract between Company and you, under which terms,
you may use and enjoy the Company’s Services. Company shall also use the information to promote its services within its
subscription base and, with your permission, may share it with third party or affiliate companies interested in marketing
similar products to you.
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4. COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR). In keeping with Company’s commitment
to comply with the various rules and regulations relating to safeguarding and protecting Personal Data it receives from
its customers in the United States, in the European Union, and elsewhere, Company has chosen to undertake a good faith
effort to comply the European Union’s GDPR and the obligations it imposes on controllers and processors of EU Personal
Data, and to incorporate the privacy terms required for GDPR compliance herein.
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5. COMPLIANCE WITH PRIVACY SHIELD FRAMEWORK. In addition to its efforts to comply with the European Union’s GDPR, Company complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the Switzerland to the United States. Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. Company’s participation in Privacy Shield subjects it so the investigatory powers of the FTC. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
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6. PRIVACY PRINCIPLES ADHERED TO BY COMPANY PERSONNEL. Company will ensure that its personnel engaged in the processing
of Customer Data and Personal Data (i) will process such data only on instructions from Customer, and (ii) will be obligated
to maintain the confidentiality and security of such data even after their engagement ends.
Furthermore, Company hereby complies with Privacy Shield’s Notice Principle which requires Company to inform all
participants of the Services about:
-
a. Its participation in the Privacy Shield (see Paragraph 5 above)
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b. The types of personal data collected and the entities or subsidiaries of the organization also adhering
to the
Principles (see Paragraph 7(a) below)
-
c. Its commitment to subject to the Principles all personal data received from the EU and/or Switzerland in
reliance on
the Privacy Shield (see Paragraph 5 above)
-
d. The purposes for which it collects and uses personal information about them (see Paragraphs 3 and 7(b)
below)
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e. How to contact the Company with any inquiries or complaints (see Paragraph 17 below)
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f. The type or identity of third parties to which it discloses personal information, and the purposes for
which it does so
(see Paragraph 7(d) below)
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g. The right of individuals to access their personal data (see Paragraph 12 below)
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h. The choices and means Company offers individuals for limiting the use and disclosure of their personal
data (see
Paragraph 9 below)
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i. The independent dispute resolution body designated to address complaints and provide recourse free of
charge to the
individual, which in this case is an alternative dispute resolution provider based in the U.S. (see
Paragraph 17(a)
below)
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j. Company being subject to the investigatory and enforcement powers of the FTC (see Paragraph 5 above).
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k. The possibility, under certain conditions, for the individual to invoke binding arbitration (see
Paragraph 17(b) below)
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l. The requirement to disclose personal information in response to lawful requests by public authorities
(see Paragraph
7(b) below)
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m. Company’s liability in cases of onward transfers to third parties (see Paragraph 7(b)(ii) below)
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7. TYPES AND USES OF INFORMATION COLLECTED
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a. Types.
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i. TRAFFIC DATA COLLECTED (NON-PERSONAL IDENTIFIABLE INFORMATION). We automatically track and collect the following
categories of information when you visit our Services: (1) IP addresses; (2) domain servers; (3) types of computers
accessing the Services; and (4) types of web browsers used to access the Services (collectively “Traffic Data”).
Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes
or for improving your experience on the Services. We also use “cookies” to customize content specific to your interests,
to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to
re-enter it each time you visit the Services.
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ii. PERSONAL IDENTIFIABLE INFORMATION COLLECTED. In order for you to access certain premium, services and to purchase
products that we offer via our Services, we require you to provide us with certain information that personally identifies
you. Personal Identifiable Information includes the following categories of information: (1) Contact Data (such as
your name, mailing address, e-mail address, and, if you call our “Call for Guitar Help” service, your phone number);
(2) Geographical Information (such as time zones, locales) (3) Financial Data (such as your account or credit card
number, your Paypal email address, or your billing address); (4) Demographic Data (such as your zip code, age, and
income); (5) Facebook Profile and ID (we access the first and last names and email address from customer’s public
profile information); and Google Account Information (we access the first and last names and email address from customer’s
public profile information) . If you communicate with us by e-mail, post messages to any of our chat groups, bulletin
boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such
communication may be collected as Personal Information. If you choose to participate in one of our optional marketing
research surveys, contests, or other promotional and marketing events at the site, the demographic information asked
for (e.g., name, age, gender, and income level) will be collected and retained by us for marketing purposes as described
below.
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b. Uses.
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i. COMPANY USE OF INFORMATION. We act as a “Controller” of information we receive from you in that we use your Contact
Data to send you information about our company or our products or services, or to provide you with promotional material
from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications
for certain products or services and to bill you for products and services. We use your Demographic Data to customize
and tailor your experience on the Services, such as displaying content that we think you might be interested in according
to demographic data and your expressed preferences.
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ii. SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you to the following
parties for the following purposes:
-
• We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable)
basis.
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• We share Contact Data with other companies who may want to send you information about their products or services,
unless you have specifically requested that we not share Contact Data with such companies.
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• We also share Contact Data and Financial Data with our business processing partners who assist us by performing
core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of
the Services. Company may hire such third parties to provide certain limited or ancillary services on its behalf.
Customer consents to the engagement of these third parties as Sub-processors.
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• Contractual obligation of all entities with whom we share Personal Data to adhere to Privacy Principles. Because
Company is liable for any breach of personal information it transfers to third parties, by express written agreement
with Company, those third parties shall warrant and represent that they likewise comply with the same Privacy
Principles as those required by GDPR and by Privacy Shield, and shall take reasonable and appropriate measures to
protect any shared data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into
due account the risks involved in the processing and the nature of the Personal Data.
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• Obligations of our business processing partners only. Our agreement with our business processing partners,
or agents, provide that such Personal Data shared may only be processed for limited and specific purposes consistent
with the consent provided by the customer, that they shall comply with the same level of privacy protection as
provided by the Company, and that they will otherwise notify Company if the processor can no longer meet this obligation.
In such an event, the agreement will stipulate that the processing partner will immediately cease the processing
and shall take other reasonable and that Company shall take appropriate steps to remediate. The agreement shall
further provide that, should an unauthorized breach occur involving their data security systems, our processing
partners shall immediately inform Company.
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• Company may be required to disclose personal information in response to lawful requests by public authorities,
including to meet national security or law enforcement requirements.
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c. Location and Retention of Customer Data. Unless otherwise expressed herein, the Personal Data collected by Company
shall be kept in its central server and shall remain only as long as necessary to fulfill the requirements of the service
agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer requests its removal.
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d. Summary of Data Recipients, Users, Purposes, and Retention Periods.
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Recipient of Data
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Data Solicited/Shared
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Purpose
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Retention Period
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Guitar Tricks
(Originating Controller)
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Data Solicited:
Personal Information (name; phone number; email; address); Computer information (IP; Browser type); Demographic Information
(zip code, age, income); Financial Information (credit card number, PayPal address, billing address); Geographical
information (Locale, Time Zone); Facebook Profile; Google Profile
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Information is necessary to effectuate the service agreement between Company and customer, for customer support,
and to allow Company to promote and market the service within its customer base. Facebook and Google public profile
information are accessed by Company only to record the “name” and “email” of customer, again for effectuating the
agreement and for internal marketing.
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Information shall be retained and used in its central server only as long as necessary to fulfill the requirements
of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer
requests its removal.
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Mobile Advertising, Marketing, and Attribution Networks
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Data shared:
Personal Information (email); Device information (IP; Device type, in-app events, advertising IDs); Geographical
information (Locale, Time Zone);
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Information is necessary to effectuate the service agreement between Company and customer, for customer support,
and to allow Company to promote and market the service within its customer base.
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Information shall be retained and used in its central server only as long as necessary to fulfill the requirements
of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer
requests its removal.
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8. DATA BREACH NOTIFICATION. If Company becomes aware of a breach of security leading to the accidental or unlawful destruction,
loss, alteration, unauthorized disclosure of, or access to Customer Data or Personal Data while processed by Company
(each a “Security Incident”), Company will promptly and without undue delay (1) notify Customer of the Security Incident;
(2) investigate the Security Incident and provide Customer with detailed information about the Security Incident; (3)
take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident. With respect
to breach of Personal Data of citizens of the EU, Company shall comply with GDPR requirements and take immediate steps
to notify the supervisory authority “without undue delay” and within 72 hours of discovering the breach, where feasible.
Company’s obligation to report or respond to a Security Incident under this section is not an acknowledgement by Company
of any fault or liability with respect to the Security Incident.
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9. CUSTOMER’S CHOICES REGARDING USE OF INFORMATION; CUSTOMER’S RIGHT TO OPT-OUT. You may choose not to provide us with
any Personal Information. In such an event, you may still access and use much of the Services, however, you will not
be able to access and use those portions of the Services that require your Personal Information. If you do not want us
to share your Contact Data with any third parties, please email us at admin@guitartricks.com, or select the “opt out”
box on our online forms. In addition, we maintain a procedure for you to review and request changes to your Personal
Information; this procedure is described in Section 11 below.
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a. Assignment of Personal Information in the Event of Sale or Change in Business Status. In the event of a sale of the
business, or company bankruptcy, we may be required to sell portions of our company or its assets, including the information
collected through the Services. If Company or substantially all of its assets are acquired by a third party, customer
information may be one of the assets transferred to the acquirer. It shall be a necessary condition of any transfer
that these privacy policy principles expressed herein shall continue to remain in force.
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10. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Customer’s personal payment information (e.g., credit card information)
is currently stored with a third-party payment processing company, Braintree or PayPal. We do not store credit card information
on our own service, only on the third-party server “vault.” Except as otherwise provided in this Privacy Policy, we will
keep your other personal information private on secure servers and will not share it with third parties, unless such
disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property;
or (c) enforce our Terms of Service. We provide you with the capability to transmit your Personal Data Information via
secured and encrypted channels if you use a similarly equipped web browser.
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11. DATA PROTECTION OFFICER. Company has designated a Data Protection Officer (DPO) to regularly monitor and maintain the
systems and processes relating to Company’s proper handling of Personal Data Information, and to make sure that
appropriate safeguards be in place to ensure that any processing and retention of Personal Data complies with the GDPR
and Privacy Shield requirements. Moreover, the DPO shall be responsible for the record-keeping relating to all
processing activities, for the purposes of demonstrating compliance with GNPR and Privacy Shield, should a compliance
audit be requested.
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12. PROCESS TO ACCESS, UPDATE, CORRECT, OR ERASE PERSONAL INFORMATION. We maintain a procedure in order to help you confirm
that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile at
https://www.guitartricks.com/account.php.
Through your personal profile you may: (a) review and update your Personal Information that we have already collected;
(b) choose whether or not you wish us to send you information about our company, or promotional material from some of
our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties.
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13. DATA PORTABILITY. Upon your request, Company shall provide your Personal Data in a machine-readable format, or electronically
transmit your Personal Data, directly to another Controller.
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14. NOTICE CONCERNING CHILDREN. Our Services are intended for a general audience, and we do not direct any of our content
specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of
children’s privacy online. If we learn or have reason to suspect that a user of our Services is under age 13, we will
promptly delete any personal information in that user’s account. Special notice regarding Citizens and residents of the
European Union: Citizens of the EU who are younger than 16-years-old may provide personal information provided consent
is actually given or authorized by the holder of parental responsibility over the child.
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15. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card, user name, or password is lost, stolen,
or used without permission. In such an event, we will remove that credit card number, user name, or password from your
account and update our records accordingly.
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16. PUBLICLY-RELEASED INFORMATION. The Services contain links to other third-party websites. We are not responsible for
the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups
available to you. Please understand that any information you voluntarily disclose in these areas becomes public information
and is not our responsibility. Thereafter, you should exercise caution when deciding to disclose your Personal Information
in such venues.
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17. DISPUTES REGARDING PERSONAL DATA COMPLAINTS
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a. Complaint Process. Company commits to resolve complaintsabout our collection or use of your personal information. Any individual,
including EU individualswith inquiries or complaints regarding ouruse of Personal Data,or any other matter arising
under this Privacy Policy, or regarding our Privacy Shield policy should first contact Company’s Consumer Relations
Officer at dataprivacy@guitartricks.com. Company shall respond in a reasonable time not to extend beyond 45 days.
Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Guitar Tricks
Inc’s internal processes, Guitar Tricks Inc has agreed to participate in the
VeraSafe Privacy Shield Dispute Resolution Procedure.
Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will
provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute
Resolution Procedure, please submit the required information to VeraSafe here:
https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
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b. Good Faith Negotiation; Arbitration. Should VeraSafe’s services not result in a full and complete settlement of the
dispute, either party may then elect to resolve any remaining dispute through a neutral, binding, non-appearance-based
arbitration under the Commercial Rules of Arbitration of the American Arbitration Association conducted in San
Francisco, California.The Arbitrator and the parties must comply with the following rules: (a) the
arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written
submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER
OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH
RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE
OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
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c. No Class Actions. You and Company agree that you may bring claims against the other only in your individual capacity
and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that
the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over
any form of a representative or class proceeding.
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d. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of this Agreement must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
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18. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update,
or modify this Privacy Policy, simply by posting such change, update, or modification on the Services and without any
other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Services.
