Music by Heart Website Privacy Policy

Last updated: October 1, 2023

This Privacy Policy (“Policy”) describes how Music by Heart (“Music by Heart,” “we,” “our,” or “us”), collect, use, disclose or otherwise process your information when you use when you use our website (https://musicbyheart.org), applications, services, tools and features, or otherwise interact with us (collectively, the “Services”).  For the purposes of this Privacy Notice, “you” and “your” means you as the user of the Services. 

Please read this Policy carefully.  By using the Services, you agree to the collection, use, and disclosure of your information in accordance with this Policy. If you do not agree to this Policy, please do not use or access the Services. If we make changes to this Privacy Policy, we will update the last revised date, post the updated version on our website and take any other steps necessary to comply with applicable law.

Collecting and Using Your Personal Data

Types of Data Collected

When you use or access the Services, we collect certain categories of information about you from a variety of sources described below.

Information You Provide To Us

While using our Service, we may ask you to provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services includes:

• Basic contact details, such as your [first name, last name, email address, phone number, school/organization name and physical address]. We use this information to create and maintain your account and provide the Services. 
• Account information, such as your username, password, security questions that you select and the answers you provide. If you choose to register an account, you are responsible for keeping your account credentials safe. 
• User-generated content, such as messages, photos, videos and recordings, submitted by you through our discussion forums, email lists, or similar social platforms] (“UGC”).
• Any other information you choose to include in communications with us, for example, when sending a message through the Services.

Information Collected Automatically From You

We may also use cookies or other tracking technologies to automatically collect certain information about your interactions with the Services. Such information includes:

• Your device information, including the type of mobile device you use, your mobile device unique ID, unique device identifiers and other diagnostic data
• Your Internet Protocol address (e.g. IP address).
• The type of browser and operating system you are using. 
• Information about the content you view and the features you access on our Services, including your activity and behavior on our website.
• Information regarding when you access our Services, including information regarding the duration of your engagement with certain aspects of the Services and other diagnostic data.

We also use cookies to collect and store information when you visit our Services. For more information, please see Tracking Technologies and Cookies section below.

Tracking Technologies and Cookies

We use cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze your interactions with our Services. We also permit third-parties and service providers to use online tracking technologies on the Services for analytics, such Google Analytics. For further information about Google Analytics, please click here. 

The information that may be collected through online tracking technologies include:

• Details of the devices used to access the Platform, such as unique device identifier, browser type, device type, and operating system information.
• IP address.
• Approximate geolocation.
• Date and time stamps, such as the date and time you first accessed the Services.
• Log data.
• Other information regarding your interaction with the Services, such as [clickstream data], [referral activity], which emails you may have opened from us.

Use of Your Personal Data

We use your personal data to provide the Services and for a variety of related business activities, which may include:

• To provide, maintain and improve the Services, including to monitor the usage of our Service, to create user profiles and accounts, or otherwise manage your account, to offer customer support, to understand how users interact with our Services, improve usability and effectiveness of our website, and to test and create new products, features, and services.
• To communicate with you, for example, to contact you regarding new Music by Heart programs, workshops, or other educational programs we think you may be interested in, to respond to inquiries, to provide troubleshooting and other technical support, and to communicate changes to our terms, conditions, and policies.
• Internal business operations, including to respond to customer service requests, analyze the performance of the Services, understand your use of the website in order to improve the Services, including to perform analytics, as well as to provide technical support, enforce our terms and conditions and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
• Other purposes for which we seek your consent, for example, we may also use your information for a specific purpose that we communicate to you and obtain your consent to process your information for such purpose in accordance with applicable legal requirements.

Disclosure of Your Personal Data

We may share your information in the following ways:

• Service Providers: We may share your information with third-party vendors to help us provide our Services and operate our business, and we may provide access to or disclose your information to these vendors. They provide a variety of services to us, including [customer service, shipping, sales and marketing, product design and development, data storage, security, fraud prevention, and legal services.] 
• Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
• Protection of Music By Heart and Others: We may disclose the information we collect about you if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (for example, a subpoena or court order); (b) enforce our terms of use, this Policy, or other contracts with you, including investigation of potential violations; (c) respond to claims that any content violates the rights of third parties; or (d) to protect the rights, property, or for our personal safety or others.

Retention of Your Personal Data

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Where this is the case, we will take reasonable measures to prevent further processing your information.

Security of Your Personal Data

Despite our reasonable efforts to protect your information, no security measures are impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information. If you have any concerns about the security of our Services, please contact us as detailed in the “Contact US” section below so they may be addressed and resolved in a timely and effective manner.

[User-Generated Content

Certain features of the Services allow users to upload content (e.g., through uploading a review, linking social media accounts, participating in discussions), which you may elect to participate in. Through your participation, you may submit [username, photos, videos, product reviews and related information that you may choose to provide.] We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone.]

[Social Features

Certain features of the Services permit you to initiate interactions between the Services and third-party services or platforms, such as social media (“Social Features”). Social Features include features that allow you to click and access Music by Heart’s pages on certain third-party platforms, such as Facebook and Instagram, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both Music by Heart and the third party may have access to information about you and your use of both the Services and the third-party service.] 

[Third Party Websites and Links

We may provide links to third-party websites or platforms. If you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy notice, policies and other terms.  We are not responsible for the privacy or security of, or information found on, these sites or platforms. Information you provide on public or semi-public venues, such as third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators.]

Children’s Privacy

Our Services are not intended for children, and we do not seek or knowingly collect any personal information from children. If we become aware that we have unknowingly collected information from a child, in particular any child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

[California “Online Eraser” Law

Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted User-Generated Content (as described above) on the Services, can request that such information be removed from the Services by contacting us at the e-mail or address set forth below under “Contact Us”. Such request must state that they personally posted such UGC and detail where the UGC is posted. We will make reasonable good faith efforts to remove the UGC from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the information and archived copies of it may be stored by search engines and others that we do not control.]

International Users

The Services are designed for users in the United States only and are not intended for users located outside the United States.

Contact Us

If you have any questions about this Policy, You can contact us by emailing us at info@musicbyheart.org or visit our Contact Us page at https://musicbyheart.org/contact.