Terms of Service

Terms Of Service

EagleTunes is a music platform developed by musicians for musicians. On the one hand, it is intended to give musicians the opportunity to market their products independently and self-determined, and on the other hand, to give fans the opportunity to support their favorite artists directly.

Our mission is to fight the unfair conditions of streaming platforms and major deals by empowering independent artists to be in full control of their income, rights and success. We want to raise the value of music back to a level where it belongs.

Table of Contents

Welcome to EagleTunes

By using EagleTunes you agree to these terms
The Terms apply to all users of theEagleTunes platform. “We”, “our” and “us” refer to YourSparkMusic GmbH, “EagleTunes” refers to this platform and the services we offer, including the EagleTunes apps for IOS and Android, the EagleTunes APIs, EagleTunes embeds and other EagleTunes websites.
By using EagleTunes, you agree to these terms, including the Privacy Policy and Community Guidelines
 We collect, use and share information in accordance with these policies. The policies will be reviewed periodically and modified as required by law.

 

Your Account

When you create an account, you must provide us with accurate information in good faith, and you agree to update your information as it changes. To create an account or otherwise useEagleTunes, you must be at least 13 years old as well as old enough to consent to the processing of your personal information in your country (in some countries, we may allow your parent or guardian to do so on your behalf)
You must be at least 18 years old or have permission from your parent(s) or legal guardian(s) tohave a Creator Page (Artist, Label, Venue, Service Provider) onEagleTunes or to purchasean Offer on EagleTunes
 You are responsible for all events and actions once a person is logged into your account and for the security of the account.us immediatelyif you believe your account is being misused. For more information about security, please see our Security Policy

 

Abusive behavior

You are responsible for all activity on your account. If you violate our terms or policies, we may terminate your account. Do not engage in illegal acts, behave abusively towards others, abuse EagleTunes in any technical way. If you are a Creative who earns money on Patreon or similar platforms, we may be exposed to risks because of what you do with those funds. As a result, we also review what you offer outside of our platform. For

more information, please see our Community Guidelines and our Security Policy. These terms and our policies cover most issues. However, if you find a new way to harm EagleTunes or our community, we may take action to prevent it.

 

What you need to know as an Artist

To become an Artist on our platform, simply set up a profile as an Artist to start your membership. When you join EagleTunes, you become part of the Eagltetunes community. You can use the tools we provide for Artists to, among other things, showcase your work, connect with the EagleTunes community, and provide goods and services to fans through our marketplace system
 On EagleTunes you can offer exciting and exclusive content to your fans. In return, you give your fans the opportunity to buy products and offers directly from you and thus support you directly.

 

Payments

As an Artist, you may make Products and Offers available on EagleTunes for your Fans. If supported, we will convert the prices of offers and products into the fan’s local currency based on a currency conversion rate, which may be set at our sole discretion but is reasonable. For more information, click here
We also address payment issues such as fraud or chargebacks, as well as resolving payment disputes where possible. We attempt to provide timely access to funds earned on EagleTunes based on the level and type of EagleTunes service they select. Different levels and types of EagleTunes services may have different processing times before funds are available to them, and/or may require funds to be withheld and unavailable. More information can be found here.
Occasionally, however, there may be further delays in accessing these funds.
 We may also block or temporarily deny access to these funds for violations of our terms or policies, or for compliance reasons; for example, when collecting tax return information. If this happens, we will let you know the reason as soon as possible.If you have any questions about access to blocked or withheld fundsplease contact us at.
 To protect creators, we may block payments from fans if we believe they are fraudulent. Sometimes activities such as refunds to fans and chargebacks from fans can put your account balance in the negative. Charges incurred by you as described below by EagleTunes may not be refunded to you when such refunds and chargebacks are processed. If your account balance is negative as a result of any action, we reserve the right to recover those funds through future payments or to require immediate settlement of the account.

 

Fees

As an Artist, fees are incurred for their offers and products, depending on the membership, on EagleTunes. In the “ArtistHub Membership”, only the current transaction fees of your chosen payment providers (e.g. PayPal or Stripe) apply when transferring money to your account. In the “Vendor Membership” the following applies:

1. 1. The transaction fee is 15% on all successfully processed payments related to Artists’ products and offers, such as albums, EP’s, singles, events excluding transaction fees from third party or intermediary payment providers.

1. 1. The payment processing fee, which is calculated as a percentage of successfully processed payments and as a flat fee per successfully processed payment, and which relates to the cost of processing fan payments, including recurring billing, re-billing of rejected payments, and fraud prevention.

1. 1. The withdrawal fee, which is a charge for transferring money you have earned on EagleTunes to your specified withdrawal method and may vary depending on the specified withdrawal method.

1. 1. The currency conversion fee, calculated as a percentage of successfully processed payments in a currency other than your payout currency.

If a Fan pays in a currency other than that of his or her payment method, the financial institution associated with that payment method may charge a foreign transaction fee for that payment. We do not apply this fee and have no control over or knowledge of whether the fee is applied and do not receive any of the funds from this fee.

Even if a fan pays in the same currency as the currency associated with his or her payment method, the financial institution associated with that payment method may impose a foreign transaction fee for that payment if a fan’s payment is processed in a country other than the country associated with his or her payment method. We do not apply this fee, have no knowledge of whether the fee is imposed, and do not receive any of the funds from this fee, but our choice of payment processing may affect or cause this fee.

 

Restrictions

We do not approve works and offers that violate our terms or policies. For more information, please see our Community Guidelines. These rules can be roughly summarized as saying that we do not approve the following:

1. 1. * Illegal works.
      * Works or offers that are abusive towards other people.
      * Works or offers that are misleading or fraudulent.
      * Works or offers that use the intellectual property of others, unless you have written permission to use them.

We are constantly experimenting with product features to improve EagleTunes, and may add, remove, or test features with a subset of Artists. Access to these features is not guaranteed and may not be under your control. We may enable and disable these early access, beta or test features at our discretion. These features may be subject to additional restrictions and limitations.

 

What you need to know as a fan

In a nutshell: A Fan is a person who has made a purchase on EagleTunes. By making an offer on EagleTunes, Fans can receive products directly from the Artist and interact directly with Artists using the tools we provide and have the ability to connect with a community of Fans and Artists through EagleTunes.

As a fan, you support an artist and may receive special benefits such as exclusive works. You pay on a one-time basis. EagleTunes is the billing site associated with this fee.
To become a fan, you simply purchase a paid offer or product onEagleTunes. Subject to these Terms and the payment in full of all applicable fees, to the extent that the Offer or Product includes access to one or more Artists’ Works, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and display such Works for your own private, personal, non-promotional as well as non-commercial use.

You may lose access to listings and products you have purchased if, for example, we terminate your account.

If you are in a jurisdiction where EagleTunes is required to collect taxes, such as sales tax, that tax will be added to the total fee. Except in a few cases, you will see this tax when you purchase a listing or product. EagleTunes will remit any taxes collected to the appropriate taxing authority or Artist for tax settlement. Since taxes are largely dependent on your location, you agree that your location will always be complete and up-to-date to allow for accurate collection of taxes.

If you pay in a currency other than that of your payment method, the financial institution associated with that payment method may charge a foreign transaction fee for that payment. We do not apply this fee and have no control over or knowledge of whether the fee is applied and do not receive any of the funds from this fee.

Even if you pay in the same currency as the currency associated with your payment type, the financial institution associated with that payment type may impose a foreign transaction fee for that payment if the payment is processed in a country other than the country associated with your payment type. We do not apply this fee, have no knowledge of whether the fee is imposed, and do not receive any of the funds from this fee, but our choice of payment processing may affect or cause this fee.

We are constantly experimenting with product features to improve EagleTunes, and may add, remove, or test features with a subset of fans. Access to these features is not guaranteed and may not be under your control. We may enable and disable these early access, beta or test features at our discretion. These features may be subject to additional restrictions and limitations.

Refunds: Our policy is not to issue refunds even if you lose access to offers and products as described above.

Concert Tickets / Events

Eagletunes is not the organizer of the events offered. These are carried out by the respective organizer, who is also the issuer of the tickets. By purchasing the ticket, contractual relationships with regard to the event attendance are established exclusively between the ticket holder and the respective organizer. These legal relationships may be subject to the organizer’s own general terms and conditions. Eagletunes sells the tickets on behalf of the respective event organizer as an agent or commission agent, unless it is expressly designated as the event organizer in individual cases. By ordering tickets, the visitor commissions EAGLETUNES to process the ticket purchase including shipping.

Conclusion of contract – events/concert tickets

1. The offer to conclude a contract is made by the user as soon as he/she has clicked on the so-called “buy button” or the button clearly labeled in accordance with § 312j para. 3 BGB. A contract between the visitor and the respective contractual partner (organizer or Eagletunes) is only concluded when the transaction number / order number / order number is allocated and sent to the visitor by Eagletunes.
2. Unless otherwise agreed at the time of purchase, commercial resale of the admission ticket(s) is not permitted; non-commercial resale is only permitted at a price equal to the printed price of the admission ticket(s) plus proven fees/costs incurred at the time of the original purchase (e.g. postage and shipping costs), up to a maximum of 25% of the printed price. In the event of a breach of the aforementioned condition, the respective organizer has the right to refuse admission to the event without replacement.
3. Eagletunes is entitled to cancel an order of the visitor for which a transaction number / order number / order number has already been assigned (unilateral right of withdrawal) if the visitor violates specific conditions set by the organizer and / or by Eagletunes, which were pointed out during the pre-sale, or tries to circumvent them (e.g. violation of the restriction of ticket sales). e.g. violation of restrictions on the number of tickets per customer, in particular resale bans, attempts to circumvent these by registering and using several user profiles etc.) and / or there are outstanding claims from the previous business relationship with the customer. In particular, neither the use of tickets for commercial advertising and / or marketing purposes (e.g. as prizes for commercial competitions and / or other commercial competitions) nor the resale of tickets in the access and / or entrance area of the event venue covered by the organizer’s domiciliary rights is permitted without the prior written consent of the respective organizer. Cancellation/withdrawal may also be declared implicitly by crediting the amounts paid.
4. The aforementioned right of withdrawal is subject to §§ 346 ff. BGB apply to the aforementioned right of withdrawal to the exclusion of § 350 BGB.
5. In the event of rescheduled events, the organizer is entitled to declare the validity of the original tickets of the rescheduled event for the new, rescheduled date of the event. A return of the tickets to the organizer or a reversal of the ticket purchase as a result of the postponement is not possible in these cases, unless it can be proven that the ticket holder cannot reasonably be expected to attend the rescheduled date. This does not apply if the organizer is responsible for the postponement of the event.
6. In the event that the General Terms and Conditions of the organizer and the General Terms and Conditions of Eagletunes contain contradictory provisions, the General Terms and Conditions of Eagletunes shall take precedence over the specific terms and conditions of the organizer.

Price components & payment modalities for tickets

1. Ticket prices may exceed the printed ticket prices. Payment is possible by credit card (Visa, Mastercard, American Express, Diners or Discover) and PayPal, depending on the event and the order modalities. The statutory value added tax is included in the price. The total price of the order, including all fees, is due for payment immediately upon conclusion of the contract for credit card and PayPal payment methods.
2. When ordering online, service and shipping costs may be charged, which may vary depending on the event. These fees are displayed to the customer in the shopping cart when ordering; there are no other costs that are not shown.
3. Data transmission for credit card transactions with the use of 3D-Secure Due to legal requirements (implementation of the Payment Services Directive “PSD2”) and/or to protect against fraudulent use of credit card data, the so-called 3D-Secure procedure can be used. In this process, browser data, credit card data, address data (billing address, email address) and the transaction amount with currency are transmitted to the card-issuing institution via the credit card organizations. This data is used by the card-issuing institution to determine the fraud risk of the transaction; depending on the amount and the result of the credit institution’s check, additional approval of the credit card transaction may be required, e.g. via TAN or app.

Right to cancel tickets

There is no right of withdrawal for consumers or the right of withdrawal for consumers may expire prematurely for the following contracts:

1. Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision (§ 312g para. 2 sentence 1 no. 9 BGB Germany). This means that if Eagletunes offers services in the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Each order of tickets is binding immediately after confirmation according to section III. 1. by Eagletunes and obliges to accept and pay for the ordered tickets.
2. Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g para. 2 sentence 1 no. 6 BGB Germany).

Retention of title; offsetting; right of retention when purchasing tickets

1. In the case of a user, Eagletunes retains title to the purchased item until the invoice amount has been paid in full. In the case of personalized tickets, the transfer of the claim arising from the ticket is subject to the condition of full payment of the invoice amount. The corresponding security rights are transferable to third parties.
2. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, Eagletunes reserves the title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. In the case of personalized tickets, the transfer of the claim resulting from the ticket is subject to the condition of settlement of all outstanding claims from the business relationship with the user. The corresponding security rights are transferable to third parties.
3. The user is only entitled to set-off if his counterclaims have been legally established or are undisputed or recognized by Eagletunes. Furthermore, the user has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
4. If the user is in default with any payment obligations towards Eagletunes, all existing claims become due immediately.

 

Account deletion

You can permanently delete your account at any time via your profile setting.

We may delete or suspend your account at any time at our sole discretion. We may also remove descriptions, posts, offers or products at our sole discretion. You may not bring a claim against us for the suspension or termination of another person’s account, and you agree that you will not bring any claim in this regard. If you attempt to make such a claim, you will be responsible for any damages and costs caused, including our legal fees and costs. These Terms will remain in effect even if you no longer have an account with us.

 

Your Works

In a nutshell: Artists retain full ownership of their works and fans retain full ownership of what they post on EagleTunes, but they grant us permission to use them as part of EagleTunes’ services. Make sure you are authorized to publish the particular works you make available on EagleTunes.

 Artists retain full ownership of their works and fans retain full ownership of what they post on EagleTunes. However, we require licenses from you for this material in order for EagleTunes services to function efficiently. By making works available or otherwise posting on EagleTunes, you grant us aroyalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to your works or what you post in all formats and channels now known or later developed anywhere in the world, to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works of, publicly display, and display in connection with names, usernames, voices, or images provided in connection therewith. If your works contain personally identifiable information, under the scope of this License, you also acknowledge EagleTunes’ “legitimate interest” therein.

That sounds like a lot, but it’s important for us to run our services, including hosting works, providing and promoting memberships to your fans, and enabling community features like post comments. For clarity, you retain full ownership of your Works and what you post on EagleTunes. We do not purchase or lease your intellectual property rights from you for our purposes. At no time do we seek to steal your works, use them in an exploitative manner, or profit from them in any way other than by providing you with listings that you have set up on EagleTunes.

You agree not to provide works or otherwise post on EagleTunes that infringe the intellectual property or proprietary rights of others. EagleTunes reserves the right to remove works and other materials that violate EagleTunes’ terms and policies, including these Terms of Use and the Community Guidelines
 We respond to compliant notices of alleged copyright infringement and have developed and reasonably implemented a policy for terminating the accounts of Artists and Fans who are the subject of repeated compliant notices of alleged copyright infringement, or other evidence indicating a pattern of repeated infringement.

Fans may not use works in ways unauthorized by the artists who published them, including sharing those works with others who did not purchase the service or product through which those works were made available.

 

EagleTune’s works

You agree that any bug reports or suggestions for improvement that you provide to EagleTunes are entirely the property of EagleTunes. Artists may use our copyrights or trademarks to promote their Artist Sites, but they may not be used for any other purpose without our permission.

 

Indemnification

Briefly: You must pay the costs if a claim is made against us based on your use of or conduct on EagleTunes.

You indemnify us against all losses, costs and liabilities, including legal costs, arising out of these Terms or relating to your use of EagleTunes. We reserve the right of exclusive control with respect to the defense of any claim covered by this clause. If we exercise this right, you will assist us in our defense. Your obligation to indemnify us under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

 

Disclaimer of Warranty In a

In A Nutshell: We make every effort to ensure that EagleTunes performs according to expectations, but something can always happen.

EagleTunes is provided “as is” and without warranty of any kind. Any warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties, express or implied, are disclaimed and disallowed to the fullest extent permitted by law. The warranty exclusions under this clause also apply to our subsidiaries, affiliates and third-party service providers.

 

Limitation of liability

 In a nutshell: If you lose money as a result of using EagleTunes, any payment to you will be limited to the amount of money we have collected through your use of Patreon or similar entities.

To the extent permitted by law, we will not be liable to you for any incidental, consequential or punitive damages arising out of these Terms or your use or attempted use of EagleTunes. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned from your use of EagleTunes. In particular, we will not be liable for any losses in connection with any unprovided Offerings and Products or for any losses caused by conflicting contractual arrangements. In this clause, “we” and “our” includes our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

 

Settlement of disputes

In a nutshell: If you have a problem, please contact us. All disputes with us are to be settled in Berlin according to European law.
The European Commission provides an online dispute resolution (OS) platform:
ec.europa.
eu We encourage you to contact us if you have a problem. If a dispute arises out of these Terms or in connection with your use of EagleTunes, the dispute will be resolved by the courts of the State of Berlin or the Federal Republic of Germany. To resolve such disputes, both parties consent to the exclusive jurisdiction and venue of the courts located in Berlin.

 

Miscellaneous

Briefly: These terms represent the final form of EagleTunes’ policies and we will notify you in the event of any material changes.

These Terms and any policies referenced constitute the entire agreement between you and us, supersede any prior agreements, and do not create any partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us. If any provision of these Terms is held to be unenforceable, that provision will be modified to the extent necessary to enforce it. If any provision cannot be modified to make it enforceable, it will be severed from these Terms and all other provisions will remain in effect. If either party is unable to enforce any right provided for in these Terms, it does not waive its ability to enforce any other right in the future.

We may change these Terms from time to time. If we make a change to these Terms that is material in our sole discretion, we will notify you before the changes take effect. Your continued use of EagleTunes after a change means that you accept the new terms or policies.

If you sign up to receive text messages from us, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., SMS, MMS, or WhatsApp) from us, including text messages that may be sent via an automatic telephone dialing system to the cell phone number you provided during registration or any other number you provided. Consent to receive automated marketing text messages is not a condition of purchase. Text message and data traffic charges may apply. The frequency of messages may vary. We reserve the right to change the frequency of messages sent at any time to increase or decrease the total number of messages sent. We also reserve the right to change the speed dial number or phone number from which messages are sent. Not all mobile devices or phones may be supported and our messages may not be available in all areas. We, our service providers, and the mobile carriers supported by the Program are not liable for late or undelivered messages.

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Privacy Policy

Updated at 2023-05-09

EagleTunes (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by EagleTunes.

This Privacy Policy applies to our website, and its associated subdomains (collectively, our “Service”) alongside our application, EagleTunes. By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service. This Privacy Policy was created with Termify.

Definitions and key terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Your Spark Music GmbH, Mohrenstr. 30, 10117 Berlin, Germany that is responsible for your information under this Privacy Policy.
• Country: where EagleTunes or the owners/founders of EagleTunes are based, in this case is Germany
• Customer: refers to the company, organization or person that signs up to use the EagleTunes Service to manage the relationships with your consumers or service users.
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit EagleTunes and use the services.
• IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
• Personnel: refers to those individuals who are employed by EagleTunes or are under contract to perform a service on behalf of one of the parties.
• Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
• Service: refers to the service provided by EagleTunes as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Website: EagleTunes’s site, which can be accessed via this URL: https://www.eagletunes.com
• You: a person or entity that is registered with EagleTunes to use the Services.

What Information Do We Collect?

We collect information from you when you visit our website, register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

• Name / Username
• Phone Numbers
• Email Addresses
• Mailing Addresses
• Job Titles
• Billing Addresses
• Debit/credit card numbers
• Age
• Password

We also collect information from mobile devices for a better user experience, although these features are completely optional:

• Location (GPS): Location data helps to create an accurate representation of your interests, and this can be used to bring more targeted and relevant ads to potential customers.
• Camera (Pictures): Granting camera permission allows the user to upload any picture straight from the website, you can safely deny camera permissions for this website.
• Photo Gallery (Pictures): Granting photo gallery access allows the user to upload any picture from their photo gallery, you can safely deny photo gallery access for this website.

How Do We Use The Information We Collect?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
• To administer a contest, promotion, survey or other site feature
• To send periodic emails

When does EagleTunes use end user information from third parties?

EagleTunes will collect End User Data necessary to provide the EagleTunes services to our customers.

End users may voluntarily provide us with information they have made available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

When does EagleTunes use customer information from third parties?

We receive some information from the third parties when you contact us. For example, when you submit your email address to us to show interest in becoming a EagleTunes customer, we receive information from a third party that provides automated fraud detection services to EagleTunes. We also occasionally collect information that is made publicly available on social media websites. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect with third parties?

We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.

We may engage trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the website, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services you may purchase through the website. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the website in a shared location, and type of the device used to visit the website. They may aggregate information about our advertising and what you see on the website and then provide auditing, research and reporting for us and our advertisers. 

We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

Where and when is information collected from customers and end users?

EagleTunes will collect personal information that you submit to us. We may also receive personal information about you from third parties as described above.

How Do We Use Your Email Address?

By submitting your email address on this website, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide EagleTunes to you and fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on file. We cannot, however, ensure or warrant the absolute security of any information you transmit to EagleTunes or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Could my information be transferred to other countries?

EagleTunes is incorporated in Germany. Information collected via our website, through direct interactions with you, or from use of our help services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

Is the information collected through the EagleTunes Service secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

Can I update or correct my information?

The rights you have to request updates or corrections to the information EagleTunes collects depend on your relationship with EagleTunes. Personnel may update or correct their information as detailed in our internal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by cancelling your account. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

If you are an end user and wish to update, delete, or receive any information we have about you, you may do so by contacting the organization of which you are a customer.

Personnel

If you are a EagleTunes worker or applicant, we collect information you voluntarily provide to us. We use the information collected for Human Resources purposes in order to administer benefits to workers and screen applicants.

You may contact us in order to (1) update or correct your information, (2) change your preferences with respect to communications and other information you receive from us, or (3) receive a record of the information we have relating to you. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of EagleTunes or any of its Corporate Affiliates (as defined herein), or that portion of EagleTunes or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with EagleTunes, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of Germany without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except for those individuals who may have rights to make claims under Privacy Shield, or the Swiss-US framework.

The laws of Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.

By using EagleTunes or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with our website, or use our services. Continued use of the website, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

Your Consent

We’ve updated our Privacy Policy to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by EagleTunes. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Advertising

This website may contain third party advertisements and links to third party sites. EagleTunes does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties.

Advertising keeps EagleTunes and many of the websites and services you use free of charge. We work hard to make sure that ads are safe, unobtrusive, and as relevant as possible.

Third party advertisements and links to other sites where goods or services are advertised are not endorsements or recommendations by EagleTunes of the third party sites, goods or services. EagleTunes takes no responsibility for the content of any of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.

Cookies for Advertising

These cookies collect information over time about your online activity on the website and other online services to make online advertisements more relevant and effective to you. This is known as interest-based advertising. They also perform functions like preventing the same ad from continuously reappearing and ensuring that ads are properly displayed for advertisers. Without cookies, it’s really hard for an advertiser to reach its audience, or to know how many ads were shown and how many clicks they received.

Cookies

EagleTunes uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Blocking and disabling cookies and similar technologies

Wherever you’re located you may also set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. You should also be aware that you may also lose some saved information (e.g. saved login details, site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser, you should visit your browser’s help menu for more information.

Remarketing Services

We use remarketing services. What Is Remarketing? In digital marketing, remarketing (or retargeting) is the practice of serving ads across the internet to people who have already visited your website. It allows your company to seem like they’re “following” people around the internet by serving ads on the websites and platforms they use most.

Payment Details

In respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.

Kids’ Privacy

We do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes To Our Privacy Policy

We may change our Service and policies, and we may need to make changes to this Privacy Policy so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete your account.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that EagleTunes shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EagleTunes does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Facebook Pixel

Facebook pixel is an analytics tool that allows you to measure the effectiveness of your advertising by understanding the actions people take on your website. You can use the pixel to: Make sure your ads are shown to the right people. Facebook pixel may collect information from your device when you use the service. Facebook pixel collects information that is held in accordance with its Privacy Policy

Tracking Technologies

• Google Maps API
  
  Google Maps API is a robust tool that can be used to create a custom map, a searchable map, check-in functions, display live data synching with location, plan routes, or create a mashup just to name a few.Google Maps API may collect information from You and from Your Device for security purposes.Google Maps API collects information that is held in accordance with its Privacy Policy

• Cookies
  
  We use Cookies to enhance the performance and functionality of our $platform but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the $platform as we would not be able to remember that you had logged in previously.

• Local Storage
  
  Local Storage sometimes known as DOM storage, provides web apps with methods and protocols for storing client-side data. Web storage supports persistent data storage, similar to cookies but with a greatly enhanced capacity and no information stored in the HTTP request header.

• Sessions
  
  $elnombre uses “Sessions” to identify the areas of our website that you have visited. A Session is a small piece of data stored on your computer or mobile device by your web browser.

Information about General Data Protection Regulation (GDPR)

We may be collecting and using information from you if you are from the European Economic Area (EEA), and in this section of our Privacy Policy we are going to explain exactly how and why is this data collected, and how we maintain this data under protection from being replicated or used in the wrong way.

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how EU residents’ data is protected by companies and enhances the control the EU residents have, over their personal data.

The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. Our customers’ data is important irrespective of where they are located, which is why we have implemented GDPR controls as our baseline standard for all our operations worldwide.

What is personal data?

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information that could be used on its own, or in combination with other pieces of information, to identify a person. Personal data extends beyond a person’s name or email address. Some examples include financial information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual orientation, and ethnicity.

The Data Protection Principles include requirements such as:

• Personal data collected must be processed in a fair, legal, and transparent way and should only be used in a way that a person would reasonably expect.
• Personal data should only be collected to fulfil a specific purpose and it should only be used for that purpose. Organizations must specify why they need the personal data when they collect it.
• Personal data should be held no longer than necessary to fulfil its purpose.
• People covered by the GDPR have the right to access their own personal data. They can also request a copy of their data, and that their data be updated, deleted, restricted, or moved to another organization.

Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals’ personal data that they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing greater fines for breach. Beyond these facts it’s simply the right thing to do. At EagleTunes we strongly believe that your data privacy is very important and we already have solid security and privacy practices in place that go beyond the requirements of this new regulation.

Individual Data Subject’s Rights – Data Access, Portability and Deletion

We are committed to helping our customers meet the data subject rights requirements of GDPR. EagleTunes processes or stores all personal data in fully vetted, DPA compliant vendors. We do store all conversation and personal data for up to 6 years unless your account is deleted. In which case, we dispose of all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60 days.

We are aware that if you are working with EU customers, you need to be able to provide them with the ability to access, update, retrieve and remove personal data. We got you! We’ve been set up as self service from the start and have always given you access to your data and your customers data. Our customer support team is here for you to answer any questions you might have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:

• Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
• Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
• Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have collected.
• Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the Personal Information of our users.

For more information about these rights, please contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

CalOPPA users have the following rights:

• Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
• Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
• Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have collected.
• Right to request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the Personal Information of our users.

For more information about these rights, please contact us.

Contact Us

Don’t hesitate to contact us if you have any questions.

• Via Email: [email protected]
• Via Phone Number: +4915168801596
• Via this Link: https://www.eagletunes.com/support
• Via this Address: Your Spark Music GmbH, Mohrenstraße 30, 10117 Berlin, Germany

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