Revised as of June 30, 2020
Welcome to the website CinderTrack.com (the "Site") and related platforms, products, and services available on or from the Site (the "Services") are owned and operated by CINDERTRACK LLC (together with its affiliates, successors, and assigns hereinafter referred to as "our", "we", "us", or “CinderTrack”).
CinderTrack is a service provider. The Site is a music-oriented multi-vendor e-commerce marketplace. Our platform allows Users to Sell and Buy Multitracks in the form of digitally downloadable zip files. Registered users may post music, sound recordings, musical works, compositions, videos, photographs, pictures, graphics, names, likeness, images, biographical information, and other information or materials owned and/or created by them and can view each other's profiles ("Profiles"), communicate with each other, share photos, post comments, and describe their interests. Registered users can change their Profile information at any time and can control how other users and the Site communicates with them.
INFORMATION COLLECTED AND USED BY CINDERTRACK
Information You Provide to Us
We collect the information that you directly provide to us, such as when you enter it on a Site web page, or include it in an email that you send to us. This type of collection often occurs through our business support processes, such as:
Registration or Account Creation Processes
When users register with the Site, CinderTrack collects user-submitted personal information such as name, mailing address, email address, telephone number and age. CinderTrack uses that information to authenticate users and to send notifications to users relating to, without limitation, the Services and other opportunities.
User Profile information, including users’ pictures and names, is displayed and publically viewable to people in order to facilitate user interaction in the CinderTrack social networking community.
Where we may ask you to provide your name and billing information.
Technical and Customer Support Processes
Where we may ask you to provide contact information and information related to the issue you are contacting us about.
Services Features and Delivery of Services
In addition, we collect the information that you provide by entering it into certain Service features. For example, when you want to submit images, artist name, email address, etc. which we collect and then display for you in the relevant Services as necessary. Likewise, when you use other features such as eCommerce, blogs, newsletter sign ups, submit to opportunities, surveys, or user-generated content we may first collect the information you enter into the feature.
From time to time, CinderTrack or a promoter may sponsor an opportunity, promotion, or contest through the Site. Users may be asked to provide PII including name, email address or home address or to answer questions in order to participate. CinderTrack may transfer PII to certain advertising partners that you have explicitly requested to receive information from or to whom you directed us to share your information in order to avail yourself of the applicable opportunity.
CinderTrack may use a user’s email address to send updates, a newsletter or news regarding the Services. CinderTrack may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. CinderTrack tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
Automatic Information Collection
We may also automatically or passively collect information about your use of our Services. While information collected in this manner is not typically personal information, we may combine it in ways that make it personally identifiable. When we do so, we will treat the combined information as personal information. For example, data collected in this manner may include:
Web browsing, network or service usage data, such as browser type, internet service provider (ISP), IP address, referring/exit pages, operating system, date/time stamp, and clickstream data. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather information about our user base as a whole. User IP addresses are recorded for security and monitoring purposes.
Network connected hardware (e.g. computer, or mobile device) data, such as a unique device identifier, type, model, version, error related data, status, capability, configuration, functionality, performance data, and connection type.
Physical or geographic location data, such as country, region, city, or latitude and longitude.
Including display frequency, duration, location, or viewing software, or identifier.
Technologies used in our Services to passively collect such information may include:
Pixel tags are tiny graphic images - to tell us what parts of the Site have been visited or to measure the effectiveness of searches users perform on the Site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.
Programming code that is temporarily downloaded onto a device, and is active only while you are connected to our website, and is deactivated or deleted thereafter.
In addition, our Services may use a variety of other hardware or software specific technologies that automatically collect information.
Information We Receive From Third Parties
We may also supplement the information that we collect with information that we obtain from third parties relative to you, including digital ad network vendors. We may combine the information we receive from these third parties with the information we directly collect, in which case we will handle it in accordance with this policy, provided however, that to the extent we receive a deletion request from a user we will solely delete the information we collected directly from that user, and not information provided to us by third party relating to that user.
We may also collect information for market research purposes to gain a better understanding of our customers and thus provide more valuable service. CinderTrack also collects information regarding customer activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.
We use the information that we collect to develop, deliver, and improve our products, services, and other offerings.
In cases where you use a mobile device to access our sites or use or applications, we may receive information about the location of your device. We may use this information to develop, deliver, and improve our products, services, and other offerings.
We will retain your PII until we receive a deletion request from you, or your account is deleted, or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising, and Web page content based on browser type and user profile information;
- to help track usage to help us understand which parts of our website are most popular, where our visitors are going, and how much time they spend there;
- to make usage of our website even more rewarding as well as to study the effectiveness of our customer communications, and
- to customize each visitor's experience and provide greater convenience.
Our Site does not respond to "do-not-track" settings in users' web browsers at this time. However, there are various ways to opt out of interest-based advertising, such as TRUSTe’s Ad Choices, the Network Advertising Initiative’s Consumer Opt-Out Page, or you can also visit Google's Ad Settings to manage the ads Google serves.
CHAT, PROFILES, MESSAGE BOARDS AND PUBLIC FORUMS
Please be aware that whenever you voluntarily post public information to Chat Rooms, Profiles, Message Boards or any other Public Forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the PII you choose to submit and make publicly available on the Site. Please think before you post any PII online.
USING SOCIAL FEATURES OF OUR APPLICATIONS
Our social features promote and facilitate interaction among our application users, such as by allowing our users to promote a new product. In order to protect the application users’ privacy, we will only show you this information if they previously opted in to use the same social feature you are using.
The information you allow CinderTrack to access varies by application and SNS, and it is affected by the privacy settings you and your friends establish at the SNS. You can find out more about these settings at the SNS where you access our applications.
If you choose (opt in) to use one of our social features, you may be asked to log into a SNS, such as Facebook, through our application. The SNS may provide CinderTrack with the following information:
- Your SNS user ID.
- Your profile picture or its URL (if available).
- The user IDs and profile pictures of the people you are connected to on the SNS, such as your Facebook friends.
- Contact information (such as your name and email address).
- Demographic information (such as your gender and your date of birth).
- Your physical location and that of your access devices.
- Other information you provided to the SNS, such as occupation, interests, hobbies, music preferences, biographical information, and potentially any and all information that you agreed the SNS or other party could provide to us when you use our applications.
We link this data to a user ID that CinderTrack assigns to you. When a SNS sends us the user IDs and profile pictures of your friends, we check to see which of your friends also have chosen to use the same CinderTrack social feature you selected. If your friends have not chosen to use our social features, we do not retain their user IDs or other information about them. If your friends have opted in to use the same social feature you selected, then we link that information to you so that you can enjoy CinderTrack’s social features with those friends. We will update the list of friends linked to your user ID each time you log back into our social feature.
While using a CinderTrack’s social features, you may be able to see your friends’ profile pictures and their most recent use of the feature. Similarly, when your friends are using the feature, they may be able to see your profile picture and your most recent use of the feature. You may be able to invite your friends to join you in a social feature, such as by posting a message to your Facebook wall. You are never required to use CinderTrack’s social features in order to use our applications.
LINKING TO OR EMBEDDING YOUTUBE VIDEOS IN YOUR PROFILE
While using CinderTrack, users may link to or embed their YouTube videos to their CinderTrack profiles. By electing to link to or embed YouTube videos to your profile will utilize YouTube’s API Services and you agree to be bound by the applicable YouTube Terms of Service. In addition to our normal procedure for deleting stored data, users can revoke that our access to your data via the Google security settings page.
CORRECTING / UPDATING / ACCESSING / DELETING / OR TRANSPORTING INFORMATION
Right to Modify: CinderTrack registered users may access, modify, or correct any of the personal information contained in their Profile via their profile dashboard at any time, or by contacting email@example.com.
Right to Deletion: CinderTrack registered users may request the deletion of any of the personal information collected by CinderTrack from such user at any time by contacting firstname.lastname@example.org, subject to CinderTrack’s rights in certain cases to retain certain information, for example to complete a transaction, to provide requested services, or to perform a contract.
Correcting or Modifying Information: CinderTrack registered users may access or modify any of the PII contained in their Profile at any time by logging into their account and accessing features such as Edit Profile and Account Info.
EMAIL CHOICE / OPT OUT
Users who no longer wish to receive promotional messages or updates may choose not to by opting-out. To opt-out, simply log-in to your user Account, and click the appropriate box to disable the notification emails you no longer wish to receive. All notification emails and CinderTrack newsletters also include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from CinderTrack where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site.
THIRD PARTY ADVERTISING
CinderTrack user accounts are secured by user-created passwords. CinderTrack takes precautions to ensure that account information is kept private. CinderTrack uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.
Payment Information: We use Stripe (www.stripe.com) as our Payment Processor. Information entered into form fields at checkout for billing and credit card information is collected and processed by Stripe. Details of which can be viewed on Stripe’s website (https://stripe.com/privacy). At no point do we collect or store sensitive billing information.
When you enter information on our order forms, we encrypt the transmission of that information using secure socket layer (SSL) technology, which creates an encrypted connection between you and our systems. Please note that no method of electronic transmission or storage is 100% secure, however, and CinderTrack cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users are urged to also take precautions to protect their PII by changing passwords often using a combination of letters and numbers, and using a secure web browser.
For any additional information about the security measures CinderTrack uses on the Site, please contact us at email@example.com.
SHARING AND DISCLOSURE OF INFORMATION CINDERTRACK COLLECTS
We use non-personally identifying information without restriction. We use PII in a number of ways.
First, we use PII for the purpose for which it was collected. For example, PII that you provide through any of our business support processes (including customer service) will be used to complete that process, and personal information entered by you through the features of our products and services will be used for the operation and delivery of those features, including the delivery of such information to digital ad network vendors, opportunity promoters, or digital retailers in order to deliver the Services.
Second, while we strive to minimize our use of PII, or otherwise anonymize or aggregate it before use, we may use personal information to:
- Send marketing communications to prospective customers who visit the ReverbNation marketing website;
- Deliver contextual or targeted advertising to prospective customers who visit the ReverbNation marketing website;
- Understand and improve our Service operations and performance for users of the Services;
- Assist in customer service and transactions on behalf of users of the Services.
Information We Share
We may share your information, including your personal information, with other parties as follows:
We may share your information within CinderTrack for purposes related to providing you with content, products, or services, including software applications; community administration or development; to support various business processes; security; and research and development.
Service Providers to CinderTrack. With persons or companies that we retain to carry out or provide support to business operations, including vendors for email delivery services, payment processing, metrics, website analytics, image processing services, surveys, digital distribution, customer support, third party analytics, marketing surveys, analytics, user authentication, hosting, CDN services, and digital ad network services.
Service Providers are required to adhere to confidentiality and security requirements.
Law Enforcement, Judicial, Administrative, or Regulatory Disclosures. When we believe in good faith that the law requires disclosure or that disclosure is necessary to protect or enforce the rights, property, safety, or security of ourselves or others.
Business Transfers. In connection with sale of the applicable CinderTrack business, a portion of the business, or certain stock and/or assets, or a corporate merger, consolidation, restructuring, or other corporate change including, without limitation, during the course of any due diligence process.
Third Parties. With third parties (with whom we use reasonable efforts to obtain their agreement to protect the confidentiality, security, and integrity of any personal information we share with them), such as: Third party providers of services, vendors, opportunity promoters, and third parties with whom we are jointly delivering services or features.
Publicly Accessible Software Features
Certain elements of your personal information and certain information about your use of our Services are publicly accessible via the provided Services, e.g. your purchase of digital advertising and/or digital distribution will cause your artist name, images, music files, genre, and related information to be displayed at your request on the internet. To be clear, we do not share your personal information with third parties other than our vendors or opportunity promoters at your intentional direction.
You may follow a link provided on the Site to a third-party website.
If you choose to "share" content or to otherwise post information from or via our Services to a third-party website, feature or application, that information will become public and the third party web site may have access to information about you and your use of our Services. Likewise, other users may use these same features to share information about you. We are not responsible for how you use or publish personal data through these or similar features, or how third parties use the features to share information.
- to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by ReverbNation, whether or not a response is required by applicable law;
- to protect the safety of members of the public and users of the Services.
CinderTrack reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of CinderTrack or substantially all of its assets to that successor in interest. CinderTrack takes your privacy very seriously. CinderTrack does not sell or rent your contact information to other marketers.
ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if your account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that that any closure of your account may involve deletion of any content stored in your account for which CinderTrack will have no liability whatsoever. CinderTrack, in its sole discretion and as permitted or required by law, may retain some or all of your account information.
PRIVACY OF CHILDREN
Our Site and our Services are oriented toward a general audience and intended to be accessed and utilized by adults only.
WE DO NOT KNOWINGLY SEEK OR COLLECT PERSONAL INFORMATION FROM USERS UNDER THE AGE OF 13. IF WE GAIN ACTUAL KNOWLEDGE THAT WE HAVE INADVERTENTLY GATHERED PERSONAL INFORMATION FROM A USER UNDER THE AGE OF 13, WE WILL PROMPTLY DELETE ANY AND ALL SUCH PERSONAL INFORMATION FROM OUR RECORDS.
At any time, legal guardians can refuse to permit us to collect further personal information regarding their children between 13 years of age and 18 in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Additionally, legal guardians can request to review personal information collected regarding their children between the ages of 13 and 18 at any time simply by making an email request to firstname.lastname@example.org. We will not require a legal guardian to disclose more information than is reasonably necessary to confirm their identity.
We use one method to allow parents to access, change, or delete the personally identifiable information that we have collected regarding their children:
- Parents can contact Customer Support to request changes, or deletions of their child’s personal information by sending an email to us at email@example.com. A valid request to delete personal information will be accommodated within a reasonable time.
Any other inquiries may be directed to:
5865 Ridgeway Center Pkwy, Suite 389
Memphis, TN 38120
In any correspondence such as e-mail or mail, please include the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.
If you discover your child under the age of 13 has provided personal information to us without your consent, once we verify you are the child's legal guardian, we will promptly:
- provide direct notice to you indicating what, if any, personal information of your child has been collected and how it has been used or disclosed;
- remove and cease the use of your child's personal information or other information from our database and (c) by notice to you, confirm compliance with the foregoing.
INTERNATIONAL DATA TRANSFERS
When we transfer PII for any of the purposes identified in this policy from the European Economic Area (“EEA”) or Switzerland to another party located outside of the EEA or Switzerland, we will rely on a legal framework that provides appropriate safeguards, which could include obtaining your consent for such data transfer, the standard contractual clauses adopted by the European Commission, or another framework deemed adequate by the European Commission. In cases where we transfer your PII pursuant to your consent, you may contact us by email to firstname.lastname@example.org to request that your consent be withdrawn.
YOUR CALIFORNIA PRIVACY RIGHTS
California law permits certain users of our site who are California residents to request certain information regarding disclosure of PII to third parties for such third parties' direct marketing purposes during the past year. You may make such a request by writing to us at:
5865 Ridgeway Center Pkwy, Suite 389
Memphis, TN 38120
You may also email us at: email@example.com
Please include the full name and contact information for your CinderTrack account in your request, and include the statement "Your California Privacy Rights" in the subject field of your letter or email. Please allow thirty (30) days for a response.
ADDITIONAL PRIVACY RIGHTS AND OBLIGATIONS
This section sets out rights applicable only to PII of individuals located in the EEA or Switzerland, and our obligations regarding their PII.
If you are located in the EEA or Switzerland, then you may have the right to restrict or object to our processing of your PII. The right to restrict processing arises only in limited circumstances, for example, if you think we are processing inaccurate information. In addition, if we are required to restrict processing but the requirement is temporary, we may not be permanently obligated to adhere to your request. We will, however, let you know when the restriction is lifted. In cases where our basis for processing your information is the satisfaction of our legitimate interests (e.g., fraud prevention), you may object to our processing. However, we will decline your request if our interest in continuing to process your information is sufficiently compelling to legally override your interest in the request, or our processing is necessary to establish, exercise, or defend a legal claim. You also may prevent us from sending direct marketing at any time without limitation. To request a restriction or to object to processing, please submit your request by sending an email to firstname.lastname@example.org.
Individuals located in the EEA or Switzerland may also have the right to obtain their PII so they can transfer it to another party, or ask us to do so on their behalf, which we will do when technically feasible. This right is limited, and only arises when our processing of your information is automated and based on your consent or our terms and conditions. To exercise this right, please submit your request by sending an email to email@example.com.
Individuals located in the EEA or Switzerland can contact us with any questions or concerns about how we process their PII via email at firstname.lastname@example.org. If you are located in the EEA or Switzerland, you also have the right to lodge a complaint with a supervisory authority established in your country.
CONTACTING THE WEB SITE
5865 Ridgeway Center Pkwy, Suite 389
Memphis, TN 38120
© 2020 CINDERTRACK LLC. All rights reserved.