Effective as of 1stof February 2019
What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
- What information we collect
- How we use the information we collect
- How the information we collect is shared
- How we secure and store the information we collect
- How to access and manage your information
- How we transfer collected information globally
- Our policy towards children
- How to contact us
This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
What information do we collect about you?
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and profile information:We collect information about you when you register for an account, create or modify your profile and set preferences. For example, you provide your email, a personal display name (username), you first name and your last name when you register for the Services. In order to keep your settings the same every time you use the Services, we save your preferences when you select any settings within the Services. For example, you have the option of setting your preferences for left handed mode, fingerings suggestions, note names, practice keys, push notifications and more within the settings section of our Services.
Content you provide through our Services:
When you sign up for the Services, we ask you to create an instrument, which means that you have to specify the number of frets, number of strings, the tuning and the type of your instrument. We use this information to personalize your experience and to make sure that you practice and learn the full range of your instrument. Any further instruments you create will be used in the same way. Creating multiple instruments allow you to practice with different configurations. When you create an instrument you have the opportunity to name it. We use this name to allow you to identify the instruments you have created, and select the instrument that you intend to.
If you are in touch with our support agents about resolving issues in the Service or any other issues, we keep the information about your interactions with us to help us provide a better service.
Your payment data is needed to process the billing of your Service subscriptions and other purchases you make.
Sometimes, if we run special campaigns or sweepstakes, like giving out instruments, we may need some additional information from you, such as an address where we can ship the instrument. In these cases, we provide more details to you about why we are collecting the data and how we use it when you sign up for or enter or sign up for the campaigns or sweepstakes.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the services: When you learn or practice within the Services, your practice and learning gameplay progress data is stored.We also keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use, the buttons you click on within the Services, how long time you spend at a section of the Services (for example, how long you spend practicing each day).
Device and Connection Information:We collect information about your computer, phone, tablet or other devices you use to access the Services. This device information includes your connection type and settings when your install, access, update or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, crash data, mobile carrier, RAM and disk size, network information, geography, language, signal strength, jailbroken or rooted status of device, battery level, app version, and app foreground or background state. We use your IP address and/or country and state setting within your profile to approximate your location in order to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.
Information we receive from other sources
GuitarKing allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to GuitarKing under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
We may also receive personal information from our advertising and analytics partners, so that we are able to provide you a better Service.
How do we use the information we collect?
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience:We use the information about you to provide the Services to you, including to authenticate you when you log in, provide customer support, and operate and maintain the Services. Below are some examples on how we use the data you provide through the services:
- we use the username you provide in your profile information to identify you to other Service users
- we use the data on the instruments you create within the services to personalize your experience based on your instrument configuration(s)
- we use your learning and practice progress data to allow you to resume learning and practicing at a “checkpoint”, across devices and through restarts of the Services.
- we use your saved preferences to make sure that your personalized experience will remain constant across devices and restarts of the Services
For research and development:We are always looking for ways to make our Services smarter, faster, secure, integrated and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. For example, to improve our learning and practice features, we automatically analyse recent interactions with the feature (for example how much time users spend at each level of practice) to identify areas of improvement for the underlying algorithms. We also analyse and aggregate the general usage of the app (for example, whether certain features are used as intended). In some cases, we apply these learnings across our Services to improve and develop similar features or to improve the services you use. We also test and analyse certain new features with some users before rolling the feature out to all users.
To communicate with you about the Services:We use your contact information to send communications via email and within the Services, including responding to your comments and requests, providing customer support, sending you technical notices, updates, security alerts and administrative messages. We may also send you communications as you on-board particular Services to help you become more proficient in using those Services. These communications are part of the Services and in some cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement within the Services:We use your contact information and information about how you use the Services to send you promotional communications that may be of specific interest to you, including by email and through the Push Notifications systems on the mobile iOS and Android applications. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, newsletters, and new content that we think may be of interest to you. We also communicate with you about new product offers and improvements to our Services. You can control whether you receive these communications as described below under “Opt-out of communications.”
Customer support:We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyse crash information, and to repair and improve the Services.
For safety and security:We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights:Where required by law, or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions.
Processing in relation to mergers and acquisitions: If We are involved in a reorganization, merger, acquisition or sale of our assets, personal data may be transferred as part of that deal. Our legitimate interests pursued by the processing is to be able to execute the reorganization, merger, acquisition or sale of our assets in question.
With your consent:We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or feature any contest winners content to promote the Services, with your permission.
Legal bases for processing (for EEA users):
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services.
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests.
- You give us consent to do so for a specific purpose.
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we have a legitimate reason to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
How is the information shared?
We want our Services to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling personal information about you to advertisers or other third parties.
Sharing with other Service users
Information on your progress in learning and practicing is not shared with other service user. However, when you use certain areas of the Services (for example enter a contest), we may share certain information about you with other Service users (for example to display a leaderboard on a contest).
Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers:We work with third-party service providers to provide hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Third Party Business via API or Other Integrations: When you choose to use third party apps, plug-ins, or websites that integrate with the Services, they may receive your information and content, including your personal information, and your learning and practice dat. Information collected by these third parties is subject to their terms and policies. GuitarKing is not responsible for the terms or policies of third parties.
GuitarKing Partners:We work with third parties who provide consulting, sales, and technical services to deliver and implement solutions around the Services. We may share your information with these third parties in connection with their services, such as to assists with billing and collections, provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
With your consent:We share information about you with third parties when you give us consent to do so. For example, our Services may include sponsored contests or sweepstakes. With your consent, we may provide your personal information to these partners. Please make sure to read any unique contest or sweepstake terms and policies before you sign up for sponsored content as these terms and policies may differ from this policy.
Compliance with Enforcement Requests and Applicable Laws, Enforcement of Our Rights:In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect GuitarKing, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
How do we secure and store the information we collect?
Information storage and security
We use data hosting service Providers in the United States and Europe to host the information we collect, and we use technical measures to secure your data. All communication between your device and our servers are sent under SSL encryption.
Our security is reviewed regularly. We have taken necessary technical and organizational security measures to protect personal data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law. We store and process your personal data on IT systems with controlled and limited access. The systems are located on servers in secured premises.
We use industry the standards in firewalls and authentication protection to safeguard personal data.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
If you send personal data by email to us, your should be aware that the data is not secure if your email is not encrypted.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in encrypted backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information:We retain your account information for as long as your account is active. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyse personal characteristics about you.
Information you provide to the Services:If your account is deactivated or disabled, your information (such as your profile, settings information and your created instruments) will be deleted or anonymized.
How to access and manage your information?
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
You have a right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. To exercise these choices, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep.
Where you have asked us to share data with third parties, for example, by using Social Media Providers, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live or where you feel your rights were infringed.
Access and update your information:Our services give you the ability to access and update certain information about you from within the Service. For example, you can access your created instruments from the main page, you can edit some information on these instruments from the settings screen within your profile page. You can update your profile information within your profile settings.
Delete your information:Our Services give you the ability to delete your information from within the Service. For example you can remove your created instruments using the deletion tool on your settings screen within your profile page. Automatically collected information, such as your learning and practice progress cannot be deleted, as this information is essential to your use of the Services. If you wish to delete automatically collected information, please see the “Delete your account” below. Please note, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Delete your account:If you no longer wish to use our Services, you can delete your Services account. Please contact us at firstname.lastname@example.org order to delete your account. Please be aware that deleting your account is a non-reversible action. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information:In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided above. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honoured or the dispute is resolved.
Opt out of communications:You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.
Turn off Cookie Controls:Relevant browser-based cookie controls are described in our Cookies and Tracking Notice.
Send “Do Not Track” Signals:Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating that you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services may not always respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
How we transfer collected information internationally?
International transfers of information we collect
What is our policy towards children?
The Services are not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to GuitarKing, please contact us at email@example.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at firstname.lastname@example.org.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the GuitarKing account for that child.
Your information is controlled by GuitarKing IVS. If you have questions or concerns about how your information is handled, please direct your inquiry to: