Privacy Policy

INTRODUCTION

This Privacy Policy describes the policies and procedures of the Operators (“we”, “our” or “us”) on the collection, use and disclosure of your information in connection with your use of Rhythm (the “App”) and any associated services, features, content or applications we offer through the App (collectively, the “Services”).

We receive information about you from various sources, including without limitation: (i.) if you register for the App and the Services, through your User account on the Services; (ii.) your use of the Services generally; and (iii.) from third party websites and services.

We respect your privacy and are committed to protecting personal information that you provide in connection with your use of the Services. This Privacy Policy is intended to provide you notice of our information practices, including the types of information gathered, how information is used and safeguarded, and how you may control the maintenance and sharing of your information.

By downloading the App and using the Services, you consent to the Terms and Conditions of this privacy policy and to our processing of personal information for the purposes stated below. If you do not agree to the Terms and Conditions of this privacy policy, please do not download the App and do not use the Services.

COVERAGE

This Privacy Policy covers the treatment of personally identifiable information (hereinafter, “Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that third-parties share with us or that we share with third-parties.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (e.g. Spotify®, Apple Music®, Facebook®) (each a “Third-Party Service”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Services. We encourage you to carefully review the privacy policies of any Third-Party Services you access.

COLLECTION OF PERSONAL INFORMATION AND OTHER DATA

The information that you must supply on registration may include, without limitation: (a) the User’s username, display name, and password; (b) the User’s e-mail address; and/or (f) any other information requested by the Operators.

Further, we may request and/or collect information from you on a voluntary basis when you:

• Create an account on the App;

• Perform actions such as posting, commenting, liking, and saving within the App

• Submit questions or comments through the App or via email;

• Fill out online surveys.

When you register for or log into our services using third party credentials, we will import your information from such third party to help create your account with us.

Data we are provided about you from Apple Music® or Spotify®:

For Spotify® users: Rhythm has access to user’s subscription details (type of user account), Read access to user's private playlists, include collaborative playlists when requesting a user's playlists, Control playback of a Spotify track, write/delete access to a user's "Your Music" library, and read access to a user's "Your Music" library

For Apple Music® users: The Apple Music API is a web service that lets Rhythm access information about the media found in the Apple Music Catalog and the user's personal iCloud Music Library. Here's what each one includes:

• The Apple Music Catalog includes all resources available in Apple Music.

• The user's iCloud Music Library contains only those resources that the user added to their personal library. For example, it contains items from Apple Music, songs purchased from iTunes Store, and imports from discs and other apps. This library may include content not found in the Apple Music Catalog.

Using this service allows Rhythm to retrieve information about albums, songs, artists, playlists, music videos, Apple Music stations, ratings, charts, recommendations, and the user's most recently played content. With proper authorization from the user, Rhythm can also create or modify playlists and apply ratings to the user's content.

Data we collect about you from your use of Rhythm:

• email (if this sign-in option is chosen)

• posts

• comments

• followers/following

• liked posts

• saved songs

By providing Personal Information, you represent to us that it is accurate and complete, and agree to promptly update the information as necessary to ensure that your Personal Information remains current. We reserve the right to terminate your access to the Services if for any reason we suspect that you have provided inaccurate Personal Information. You should carefully review Section 14 (Limitation of Liability) of the Terms of Use because it includes a provision specifying that we will not be liable in any way, with respect to the Services that are directly or indirectly related to your Personal Information.

We may use technology such as server log analysis and other technologies as they are developed, to enhance your experience with the Services. We automatically collect certain aggregate information and analytical data related to your App usage. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and the features of our App which you accessed.

With your consent and in connection with your use of the App, we may use geolocation tracking technology (or other similar technology) to determine your current location in order to determine the country and/or state you are located within to establish which aspects of the Services you are permitted to use. You may withdraw your consent to our collection of your location information at any time.

Other than as set forth in the preceding paragraph, we do not track your geolocation, or share or use your geolocation information, for any other purpose.

We urge you to keep your password confidential and refrain from sharing it with others. Please read Section 5 (Security and Privacy) of the Terms of Use for more information. We will not disclose or share Personal Information to any third party without your prior consent.

We may communicate with you via push notification or email (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email, read a Message or receive a push notification. We use this information to improve our Services, including without limitation our customer service.

SPECIAL NOTICE REGARDING MINORS

As per Section 3 of the Terms of Use, Rhythm does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the App only with the permission of a parent or guardian.

If you are a parent or guardian who has discovered that your child has submitted his or her Personal Information, we will make reasonable efforts to delete the information from our database, at your request. To request the deletion of your child’s information, please send an email to support with the account information.

USE OF PERSONAL INFORMATION COLLECTED

Data collected from third-party services or from your use of the App is used in the following ways:

• To provide the App’s services

• To understand, diagnose, troubleshoot, and fix issues with the App

• To evaluate and develop new features, technologies, and improvements to the App

• To comply with legal obligations and law enforcement requests.

• To fulfill contractual obligations with third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content.

• To establish, exercise, or defend legal claims.

• To conduct business planning, reporting, and forecasting.

• To detect fraud, including fraudulent use of the App

• To conduct research, contests, surveys, and sweepstakes.

The Operators may use non-personal data that is aggregated for reporting about Rhythm usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.

Except as specifically outlined in this Privacy Policy, we do not share your Personal Information with non-affiliated third-parties without your permission. We may disclose Personal Information, aggregated information, such as demographic information, and certain statistical analysis to third-party service providers to ensure compliance with applicable laws and monitor for fraudulent activity, and to third-party developers who are reviewing or auditing our Services. However, before sharing your information with any such third-party, we require that the third-party enter into an agreement that requires that third-party to keep your information confidential and prohibits that third-party from using your information for any purpose that is not related to the Services.

We disclose information, including Personal Information, that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use.

You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Services, and to keep you informed of important announcements, relevant promotions, and other related communications. Users will always have the opportunity to opt out of these communications at any time.

We reserve the right to release current or past Personal Information: (a.) in the event that we believe that the Services are being or have been used in violation of the Terms of Use or to commit unlawful acts; (b.) if the information is subpoenaed or requested pursuant to a court order or in connection with an ongoing law enforcement investigation; provided, however, that, where permitted by applicable law, we shall provide you with email notice, and opportunity to challenge the applicable subpoena/request prior to disclosure of any Personal Information in connection with same; (c.) to comply with a legal obligation including sharing your email address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time; (d.) to protect and defend our rights or property and/or our other Users; (e.) to act in urgent circumstances to protect the personal safety of Users or the public; (f.) to protect against potential legal liability; and/or (g.) if the App is sold, merge with a third-party, acquired or is the subject of bankruptcy proceedings; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the App or Website of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.

Without limiting the foregoing, and subject to the restrictions placed on our ability to disclose Personal Information, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate.

ACCESS TO DATA

At your request, we will: (a.) inform you of what Personal Information we have on file for you; (b.) amend the Personal Information that we have on file for you; and/or (c.) remove Personal Information that you have provided to us, or that we have collected. You may do so by contacting support. We ask individual Users to identify themselves and the Personal Information requested to be accessed, corrected or removed before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third-parties for marketing purposes, and to provide contact information for such affiliates and/or third-parties. If you are a California resident and would like a copy of this notice, or to opt-out from the disclosure of your Personal Information to any third-party, please contact support.

For users in the European Union and the European Economic Area, the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

• Right of access - the right to be informed of, and request access to, the personal data we process about you;

• Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;

• Right to erasure - the right to request that we delete your personal data;

• Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;

• Right to object -

  • the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;

  • the right to object to your personal data being processed for direct marketing purposes;

• Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and

• Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to learn more about these rights, exercise these rights with ease, and record your preferences in relation to how Rhythm uses your personal data, we provide the following resources:

• Privacy Settings (accessed via your account page) - allows you to exercise choices about the processing of certain personal data

• Notification Settings (accessed via your account page) - allows you to choose which notifications you receive from Rhythm. You may toggle these settings to opt in or out of receiving different types of push notifications. Please note that email marketing messages from Spotify include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). Clicking on the link in an email will opt you out of further messages of that category (e.g. Artist Updates). You can use the Notification Settings page to exercise choices about all categories of push marketing communication.

• Customer Support resources - Rhythm users can contact the operators directly with any privacy questions or concerns by using the “Email Us” feature in settings or by filling out the contact form on getrhythmapp.com

If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with your local Data Protection Authority.

THIRD-PARTY LINKS

The Services may contain links to other third-party owned and/or operated mobile websites including, without limitation, the Download Venues and Social Media websites. We are not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third-party entities are independent third-parties and are not affiliated with us.

SECURITY

We seek to protect Personal Information to ensure that it is kept private; however, we cannot guarantee the security of any Personal Information. We store all of our information, including your device information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time. Additionally, you are responsible for preventing unauthorized access to your Account and Personal Information by protecting your Account credentials and limiting access to your device (as defined in the Terms of Use).

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via email in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Please remember that any information (including personal information) that you disclose in public areas of the App becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others on the App.

DELETING YOUR ACCOUNT

Should you ever decide to delete your Account, you may do so by deleting the App or by emailing support. If you terminate your Account, any association between your Account and Personal Information we store will no longer be accessible through your Account. However, any activity on your Account prior to deletion will remain stored on our servers and will remain accessible.

TRANSFER OF PERSONAL INFORMATION INTERNATIONALLY

If you are visiting our App or Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the App, Website and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the App and/or by sending you an email. A User is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

CONTACT

To contact us with your questions or comments regarding this Privacy Policy or the Personal Information collection and/or dissemination practices, please email us at info@getrhythmapp.com .