LAST UPDATED: September 9, 2023
INFORMATION COMPANY COLLECTS
In General. Company may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through the Site, the information may be sent to servers located in the United States. "Personal Data” or “personal information” or “protected information” as used herein and the Terms, is any information which are related to an identified or identifiable natural person, such as name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural, or social identity of these natural persons.
Information you provide. Company may collect and store your personal information that you enter on the Site or provide to Company in a variety of manners. This type of information includes identifying information, such as your name, address, email address, and telephone number, and if you transact business with Company, financial information such as your payment method (valid debit/credit card number, type, expiration date or other financial information).
Information about others. Company may collect and store personal information about other people that you provide to Company, such as their name, address, and email address. If you use the Site to post or disseminate such information (including emailing Company), you authorize Company to collect and store such information. This type of information also includes identifying information, such as a name, birthdays, and personal characteristics, of your child in the event you order a musical work via the Site (please see https://mamasingmysong2.flywheelsites.com/terms-of-use for more information).
Information collected from Service Providers. Company may collect and store personal information from Company’s Service Providers.
Information collected automatically. Company automatically collects information from your browser when you visit the Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from Company (see "Cookies" below), and the referring website address. “Cookies” are small strings of text or code stored locally on your device that allows Company, advertising networks, and third-party service providers to identify your browser and/or device as you browse the Internet. Cookies can be placed, read, and/or written to by Company or other websites or services that recognize a particular cookie, which allows the website to “remember” or “recognize” a particular browser or device and, in some cases, store information about that browser or device. For more information about cookies, please see www.allaboutcookies.org.
Cookies and Use of Cookie Data. When you visit the Site, Company may assign your computer one or more cookies, to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, Company also may automatically collect information about your online activity on the Site, such as the web pages you visit, the time and date of your visits, and the links you click. During your visits to other websites where Company advertises, Company (or third parties) may use certain data collected on the Site to show you advertisements likely to be of greater interest to you. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on the Site used for targeted advertising during your visits to other websites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Site. Other cookies may reflect de-identified demographic or other data linked to the registration data you have submitted to Company, e.g., your email address, in hashed, non-human readable form. No personally identifiable information is contained in these cookies.
This site may use the following functional and required cookies:
Name Purpose, Type, and Duration
wccartkeywoocommerce_cart_hash Helps WooCommerce determine when cart contents/data changes; Session
woocommerce_items_in_cart Helps WooCommerce determine when cart contents/data changes; Session
wp_woocommerce_session_ Contains a unique code for each customer so that it knows where to find the cart data in the database for each customer; 2 Days
woocommerce_recently_viewed Powers the Recent Viewed Products widget; Session
store_notice[notice id] Allows customers to dismiss the Store Notice; Session
woocommerce_snooze_suggestions__[suggestion] Allows dashboard users to dismiss Marketplace suggestions, if enabled; 2 Days
woocommerce_dismissed_suggestions__[context] Count of suggestion dismissals, if enabled; 1 Month
tk_ai Stores a randomly-generated anonymous ID. This is only used within the dashboard (/wp-admin) area and is used for usage tracking, if enabled; Session
Participation in Google’s Adsense Network. Company reserves the right to participate in Google’s AdSense network for purposes of serving 3rd Party Behavioral Ads. Google uses specific cookies in its AdSense network. You may opt out of the use such cookies by viewing the information found on http://www.google.com/privacy_ads.html.
Pixel Tracking. A tracking pixel, also known as a marketing pixel, is a 1x1 pixel graphic used to track user behavior, site conversions, web traffic, and other metrics similar to a cookie. The tiny pixel-sided image is usually hidden and embedded in everything from banner ads to emails. Tracking pixels are embedded into the Site’s HTML code, which contains an external link to the pixel server. When you visit Company’s website, the HTML code is processed by the browser, follows the external link, and opens the hidden graphic.
Company may deploy retargeting pixels, which tracks a user through different sites and social media platforms. These pixels will provide you with a better experience on the Site, but suggesting targeted and relevant content.
Company may deploy conversion pixels, which are active once you make a purchase through the Site. These pixels will track results from a specific ad campaign, which measure the conversion rate.
Company may also deploy Facebook pixels, which are used in conjunction with Facebook Ads. These pixels track users who interact with both Facebook ads and the Site.
Other Technologies. Company may use standard internet technology, such as web beacons and other similar technologies, to track your use of the Site. Company also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information Company obtains in this manner enables Company to customize the services offered to Company’s website visitors, to deliver targeted advertisements, and to measure the overall effectiveness of Company’s online advertising, content, programming, or other activities.
If you ask to be added to Company’s mailing list, Company will keep you updated with information on news, offers, updates, and other products, services, and events via email. Company may use pixels in email campaigns that allow Company to collect your email and IP address as well as the date and time you open an email or click on any links in the email. In line with the legitimate interest Company has in promoting Company’s business, Company will use the email address you give to Company to provide you with this information. If you would like to be removed from that list, please let Company know by clicking unsubscribe at the bottom of any marketing email that you receive. After you unsubscribe, you will be removed from Company’s applicable mailing list within a reasonable amount of time, as further set forth in the Terms.
USE OF INFORMATION COMPANY COLLECTS
In General. Company may use information that is collected about you to:
• deliver the Site, including developing, improving, operating, or performing, including maintaining accounts, enhancing the Site, verifying your identity, and processing payments.
• deliver the products or services that you have requested, including using information that you provide to Company to create unique musical works embodying such information
• provide you with customer support.
• perform research and analysis about your use of, or interest in, Company’s products, services, or content, or products, services or content offered by others.
• communicate with you by email, mail, telephone and/or mobile devices about products or services that may be of interest to you either from Company or other third parties.
• develop and display content and advertising tailored to your interests on the Site and other sites.
• verify your eligibility and deliver prizes in connection with contests and sweepstakes.
• enforce or exercise any rights in the Terms.
• to protect against and prevent fraud, unauthorized transactions, and other liabilities.
• to manage risk exposure, including to protect against hackers and other unauthorized users.
• manage Company’s business.
• provide advertisements to you when you visit other sites.
• perform functions as otherwise described to you at the time of collection.
• Promote and administer Company’s legitimate business interests
Financial information. Company may use financial information or payment method information to process payment for any purchases made on the Site, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage Company’s business. Without limiting the foregoing, this includes sharing such financial information with third-party payment processors. Presently, payments made on the Service are processed by our third party payment providers. Company does not receive your debit or credit card numbers or security codes, but may receive information regarding expiration dates, card type, and a limited amount of first and last digits for identification purposes. Any payments Company issues to content creators on the Service are made only to the bank account information such user inputs into the Service.
WHO YOUR INFORMATION IS SHARED WITH
Personal information. Company does not share your personal information with others except as indicated herein, in the Terms, or when Company informs you and gives you an opportunity to opt out of having your personal information shared. Company may share personal information with:
Subsidiaries and Affiliates: Company’s subsidiaries and affiliates
Service providers: Company may share your Personal Data, which may include your name and contact information (including email address), with third parties that perform certain services on Company’s behalf. These services may include fulfilling orders, connecting you with other users on the Site, providing customer service and marketing assistance, performing business and sales analysis, member screenings, supporting Site functionality, and supporting contests, sweepstakes, surveys, and other features offered through the Site. Company may also share your Personal Data and credit card information with authorized service providers who process financial payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. Currently, Company uses the following service providers:
• Chat GPT (Open AI)
• Google (Google Analytics, Google Pay, YouTube)
Business partners: When you make transactions on the Site, Company may share personal information with the businesses with whom Company partners to offer you the applicable goods or services.
Other Situations. Company also may disclose your information, including personal information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency or regulators; to establish or exercise Company’s legal rights or to protect the rights of users of the Site; to defend against legal claims; or as otherwise required by law. In such cases, Company may raise or waive any legal objection or right available to Company.
In connection with a corporate transaction, such as the sale of Company’s business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Anonymized and non-personally-identifiable information. Company may share non-personally-identifiable information collected under any of the above circumstances. Company may also share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties, and to analyze and report on advertising you see. Company may combine non-personally-identifiable information collected with additional non-personally-identifiable information collected from other sources. Company also may share anonymized, non-personally-identifiable information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business and other analysis.
Disclosure to Company’s Affiliates and Resellers. Company reserves the right to disclose your protected information to any of Company’s (i) affiliates that referred you to the Site, and (ii) resellers that may re-sell Company’s products or services to you. Company may also disclose your protected information to any marketing partners that may participate in the offer or related fulfillment.
Disclosure When Company Acts as an Affiliate or Reseller for Others. Company may act as an affiliate or reseller for certain of Company’s marketing partners for purposes of selling their products or services to you, and Company reserve the right to right to disclose your protected information to them for purposes of transaction processing, fulfillment, and support. These marketing partners may also email you regarding complementary products or services, however, you have two ways to opt out of receiving these emails – (i) contact Company (as provided below under the contact heading) with a request to opt out, or (ii) wait until you receive an email from them and then unsubscribe.
SALE OF PROTECTED INFORMATION
Company does not sell your protected information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Company may disclose your protected information for the following purposes, which are not a sale: (i) if you direct Company to share your protected information, (ii) to comply with your valid requests under the California Consumer Privacy Act of 2018, and its successors, (iii) disclosures as part of a merger or asset sale, and (iv) as otherwise required or permitted by applicable law. Similarly, Company does not offer financial incentives associated with the collection, use, or disclosure of your protected information.
Additionally, Nevada law (SB §220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Company does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Please email Company at firstname.lastname@example.org to send any such request.
THIRD PARTY WEBSITES
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can choose not to provide Company with certain information, but that may result in you being unable to use certain features of the Site because such information may be required in order for you to register an account; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on the Site. At any time you can choose to no longer receive commercial or promotional emails from Company by submitting this request to email@example.com or opting out at the bottom of applicable emails. Company shall have a reasonable amount of time to process an opt-out request. Company may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from Company. If Company has already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party. You can also control information collected by cookies. See above for information about declining or deleting cookies.
You may have certain rights, depending on your location, regarding the collection and processing of Personal Data. You may exercise these rights, to the extent they apply to you, by contacting Company at firstname.lastname@example.org or by following instructions provided by Company in communications sent to you. Your rights vary depending on the laws that apply to you, but may include the right to:
• Know for what purposes Company processes your Personal Data;
• Be informed about Personal Data Company collects and processes;
• Learn of the source of Personal Data Company processes about you;
• Access and edit Personal Data about you;
• Know with whom Company has shared your Personal Data and for what purposes;
• Withdraw consent regarding the processing of Personal Data where such rights are based on your consent; an
• Lodge complaints with a supervisory authority located in the jurisdiction of your residence or where an alleged violation of law occurred.
PROTECTION OF YOUR INFORMATION
Company takes appropriate security measures to help safeguard your personal information from unauthorized access and disclosure. Company wants you to feel confident using the Site to transact business. However, no system can be completely secure. Therefore, although Company takes steps to secure your information, Company does not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
INFORMATION YOU PROVIDE ABOUT YOURSELF WHILE USING OUR SERVICE
Company may provide public areas on the Site where you can post information about yourself and others and communicate with others or upload media content. Such postings are governed by the Terms. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. Company cannot control who reads such information or what other users may do with the information you voluntarily post, so Company encourages you to exercise discretion and caution with respect to your personal information.
If you are under 18 years of age and reside in California, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact Company using the contact information provided below, and include information sufficient to identify what was submitted and a statement that you reside in California. Company will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from the Site or Company’s systems.
VISITORS FROM OUTSIDE THE UNITED STATES
Company will hold your personal information for as long as is necessary for the relevant purpose for which that personal information was obtained unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, Company considers the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which Company process your personal information, whether Company can achieve those purposes through other means, and the applicable legal requirements. Notwithstanding the foregoing, Company typically retains personal information while any Site account is active and not closed, and if you do not delete your account, your personal information may remain within your account even if you have not recently visited the Site. You can delete your account at any time by following the instructions in the account settings. If you would like Company to stop using or holding your personal information and would like to request its deletion, please email Company at email@example.com.
GDPR FOR EUROPEAN UNION USERS
European Union and UK privacy law provides individuals with enhanced rights in respect of their personal data. To the extent the GDPR may apply to the Site, these rights may include, depending on the circumstances surrounding the processing of personal data: the right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you; the right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest; in certain circumstances, the right to data portability, which means that you can request that Company provides certain Personal Data we hold about you in a machine-readable format; and in certain circumstances, the right to erase and/or the right to be forgotten, which means that you can request deletion or removal of certain Personal Data Company processes about you.
The personal information Company collects is necessary to utilize the features of the Site. Without providing personal information such as your name and email address, Company would be unable to connect you to other users or bill you for Company’s services.
DISCLOSURE TO SUCCESSORS
If Company is acquired by or merged with a third party entity, or if Company sells this website business or a line of business from this website, Company reserves the right to transfer your protected information as part of such merger, acquisition, sale, or other change in control. In the unlikely event of Company’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Company reserves the right to transfer your protected information to protect Company’s rights or as required by law.
NO THIRD PARTY RIGHTS