Privacy Policy

The purpose of this Privacy Policy is to describe how Jamfactory collects, uses and discloses information and what choices you have with respect to the infor-mation when you use our mobile and/or desktop applications (our “Services”).

We encourage you to read this Privacy Policy carefully. By accessing or using our Services, you agree to be bound by the terms and conditions described in this Privacy Policy.

If you do not agree with all the terms and conditions described in this Privacy Policy, please do not access or use our Services.

Applicability of this privacy policy

Our Privacy Policy applies to our Services and other interactions (such as cus-tomer service inquiries) you may have with Jamfactory.

For the purpose of this Privacy Policy the term Personal Information means in-formation that identifies you personally, either alone or in combination with other information that is available to us.

Personal Information does not include technical, device, or usage information that cannot be used to identify you personally.

This Privacy Policy does not apply to any third party applications or software that integrates with the Services through the Jamfactory platform, or any other third party products, services or businesses.

This Privacy Policy in no way restricts or limits our use of non-personal infor-mation, and we may share such Data about our users with third parties for various purposes.

The information we collect and receive

Jamfactory may collect and receive Personal Information and other information and Data (“Other Information” and collectively “Data”) in a variety of ways:

Data provided by you:
When you sign up for an account, or even when updating an existing account, you need to provide us with Personal Information like your name, email address, telephone number. In addition, users that purchase a paid version of the Services provide Jamfactory (or its payments processors) with billing details such as credit card information, banking information and/or a billing address. If you wish to take full advantage of the sharing features our platform offer, you need to create a publicly visible Jamfactory profile, which may include both your name and photo.

Data provided by your use of our Services:
We collect information about the Services that you use and how you use them, e.g. when you download a tune, or view and interact with our ads and content. This information includes:

Device information. We collect device-specific information (such as your hard-ware model, operating system version, unique device identifiers, and mobile net-work information including phone number). Jamfactory may associate your de-vice identifiers or phone number with your Jamfactory account.

Log information. When you use our Services or view content provided by Jam-factory, we automatically collect and store certain information in server logs. This includes:

Details of how you used our Service, such as your search queries
Internet protocol address
Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL
Cookies that may uniquely identify your browser or your Jamfactory Account.

Location information. When you use our Services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Jamfactory with information on nearby devices, Wi-Fi access points and cell towers.

Unique application numbers. Certain Services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Jamfacto-ry when you install or uninstall that Service or when that Service periodically con-tacts our servers, such as for automatic updates.

Local storage. We may collect and store information (including Personal Infor-mation) locally on your device using mechanisms such as browser web storage (including HTML 5) and application Data caches.

Cookies and similar technologies. We and our partners use various technolo-gies to collect and store Data when you use our Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with the Services we offer to our partners, such as advertising services or Jamfactory features that may appear on other sites. Information we collect when you are signed in to Jamfactory, in addition to information we receive about you from partners, may be associated with your Jamfactory account. When information is associated with your Jamfactory account, we treat it as Personal Information.

Our use of information

Jamfactory uses Data in furtherance of our legitimate interests in operating our Services, websites and business. More specifically, Jamfactory uses Data:

To communicate with you or third parties.
To process your requests and transactions.
To provide and maintain our Service and to protect Jamfactory and our users.
To improve our Services, to develop new ones and to share with you any up-dates, upgrades and notices concerning our Services.
To customize the Services we provide to you – like giving you more relevant search results and ads.
To assist with our service development.
To improve user experience and the overall quality of our Services.

We will ask for your consent before using Data for a purpose other than those that are set out in this Privacy Police. Jamfactory may process Personal Information on servers in many countries around the world, including processing of personal information on a server located outside the country where you live.

We may use the name you provide for your Jamfactory profile across all of the Services we offer that require a Jamfactory account. If other users of our Ser-vices already have your e-mail, or any other Personal Information, we may show them you’re publicly visible Jamfactory profile information, such as your name and photo.

We may display your Jamfactory profile name, profile photo, and actions you take on Jamfactory or on third-party applications connected to your Jamfactory Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. In doing so, we will respect the choices you make to limit sharing or visibility settings in your Jamfactory account.

We may combine Personal Information from one Service with Personal Infor-mation, from other Jamfactory Services – e.g. to make it easier to share things with people you know. Depending on your account settings, your activity on the sites and apps may be associated with your Personal Information in order to im-prove Jamfactory’s Services and the ads delivered by Jamfactory.

Data retention

Jamfactory will retain Data in accordance with any instructions received by you, including any applicable terms in our Terms of Service and as required by appli-cable law.

Jamfactory may retain Data pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Data after you have deactivated your account for the period of time need for Jamfactory to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

How we share and disclose data

In this section we will describe how Jamfactory may share and disclose Data. Users of your Services determine their own policies and practices for the sharing and disclosing of Data, and Jamfactory does not control how they or any other third parties choose to share or disclose Data.

We do not share Data with companies, organizations and individuals outside of Jamfactory unless one of the following circumstances applies:

With your consent: We will share Data with companies, organizations or individu-als outside of Jamfactory when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

Domain administrator: If your Jamfactory account is managed for you by a do-main administrator then your domain administrator and resellers who provide user support to your organization will have access to your Jamfactory account information (including your email and other Data). Your domain administrator may be able to:

View statistics regarding your account, like statistics regarding applications you install.
Change your account password.
Suspend or terminate your account access.
Access or retain information stored as part of your account.
Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
Restrict your ability to delete or edit information or privacy settings.
Please refer to your domain administrator’s privacy policy for more infor-mation.

For external processing: We provide Personal Information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For legal reasons: We will share Personal Information with companies, organiza-tions or individuals outside of Jamfactory if we have a good-faith belief that ac-cess, use, preservation or disclosure of the information is reasonably necessary to:

Meet any applicable law, regulation, legal process or enforceable governmen-tal request.
Enforce applicable Terms of Service, including investigation of potential viola-tions.
Detect, prevent, or otherwise address fraud, security or technical issues.
Protect against harm to the rights, property or safety of Jamfactory, our users or the public as required or permitted by law.

We may share non-personally identifiable information publicly and with our part-ners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our Services.

If Jamfactory is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before Personal Information is transferred or becomes subject to a differ-ent privacy policy.

Many of our Services let you share Data with others. Remember that when you share Data publicly, it may be indexable by search engines. If you have shared any content that you have created using Jamfactory this shared content will not be deleted when you delete your Jamfactory account. It will only be separated from your Personal Information.

Your rights

Right to access. Any user may contact us to get confirmation as to whether or not we are processing the user’s Data. Where we do process user’s Data, we will inform the user of what categories of Data we process regarding him/her, the processing purposes, the categories of recipients to whom personal Data have been or will be disclosed and the envisaged storage period or criteria to determine that period.

Right to withdraw consent. In case our processing is based on a consent granted by the user, the user may withdraw the consent at any time by contacting us or by using the functionalities of our Services. Withdrawing a consent may lead to fewer possibilities to use our Services.

Right to rectification. Any user has the right to have inaccurate or incomplete personal Data we store about the user rectified or completed.

Right to object. In case our processing is based on our legitimate interest to run, maintain and develop our business, any User has the right to object at any time to our processing. We shall then no longer process User’s Data unless for the provision of our Services or if we demonstrate other compelling legitimate grounds for our processing that override user’s interests, rights and freedoms or for legal claims. Notwithstanding any consent granted beforehand for direct mar-keting purposes, any user has the right to prohibit us from using his/her personal Data for direct marketing purposes, by contacting us or by using the functionali-ties of the Services or unsubscribe possibilities in connection with our direct mar-keting messages.

Right to restriction of processing. Any user has the right to obtain from us re-striction of processing of user’s Data, as foreseen by applicable Data protection law, e.g. to allow our verification of accuracy of personal Data after user’s con-testing of accuracy or to prevent us from erasing personal Data when personal Data are no longer necessary for the purposes but still required for user’s legal claims or when our processing is unlawful. Restriction of processing may lead to fewer possibilities to use our Services.

Right to Data portability. Any User has the right to receive user’s personal Data from us in a structured, commonly used and machine-readable format and to independently transmit those Data to a third party, in case our processing is based on user’s consent and carried out by automated means.

Right to erasure. Any user has the right to have personal Data we process about the User erased from our systems if the personal Data are no longer necessary for the related purposes, if we have unlawfully processed the personal Data or if the user objects to processing for direct marketing. Any user furthermore has the right to erasure if the user withdraws consent or objects to our processing as meant above, unless we have a legitimate ground to not erase the Data. We may not immediately be able to erase all residual copies from our servers and backup systems after the active Data have been erased. Such copies shall be erased as soon as reasonably possible.

How to use these rights. To exercise any of the above mentioned rights, user should primarily use the functions offered by our Services. If such functions are however not sufficient for exercising such rights, you must send us a letter or email to the address set out below under CONTACT, including the following in-formation: name, address, phone number, email address and a copy of a valid proof of identity. We may request additional information necessary to confirm your identity. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Location and transfer

We and our service providers have operations in several locations in the world. Consequently, we and our service providers may transfer personal Data to, or access it from, countries outside your country of domicile.

We take steps to ensure that your Personal Information receives an adequate level of protection in the countries in which we process it.

In case our processing is subject to any EU Data protection law and Personal Information is transferred from the European Economic Area to a service provider for processing in any country outside the European Economic Area that is not recognized by the EU Commission as providing an adequate level of protection for personal Data, we provide for appropriate safeguards by EU Commission’s standard contractual clauses or by any other appropriate safeguard as foreseen under the applicable Data protection law.

Further information regarding the international transfer of personal Data may be obtained by contacting us.

Security

Jamfactory takes security of Data very seriously and we work hard to protect Data you provide from loss, misuse, and unauthorized access or disclosure. In particular:

We encrypt many of our Services using SSL.
We review our information collection, storage and processing practices, in-cluding physical security measures, to guard against unauthorized access to systems.
We restrict access to Personal Information to Jamfactory employees, contractors and agents who need to know this Personal Information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Should despite of our security measures, a security breach occur that is likely to result in a risk to the Data privacy of users, we will inform the relevant users and other affected parties, as well as relevant authorities when required by applicable Data protection law, about the security breach as soon as reasonably possible.

Changes to this privacy policy

We may change this Privacy Police from time to time. Laws, regulations and in-dustry standards evolve, which may make those changes necessary, or we may make changes to our business.

Every change in this Privacy Policy will be posted and we encourage you to re-view our Privacy Policy to stay informed. If we make any changes that will alter your privacy rights, we will provide you with additional notice, such as via email or through the Services. We will also keep prior versions of this Privacy Policy in an archive for your review.

If you disagree with the changes to this Privacy Policy, you should deactivate your Jamfactory account.

Lodging a complaint

In case any user considers our processing of the Personal Information to be in-consistent with applicable Data protection law, a complaint may be lodged with the local supervisory authority for Data protection.

Contact details

Please also feel to contact Jamfactory if you have any concerns or questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights. You may contact us using the following contact details:

Jamfactory ApS
Møllegårdsvej 1
8240 Risskov
Denmark
VAT: DK 38239783

Last modified: October 10th, 2018.