TrackTune Holdings LLC – Privacy Policy
Last Updated: 29-Aug-24
TrackTune Holdings LLC (“TT,” “we,” “us,” or “our”) is committed to protecting your privacy and ensuring that you have a positive experience on our website, mobile applications, and while using our products and services. This Privacy Policy outlines how we collect, use, share, and protect your personal information, as well as your rights concerning that information. By accessing or using our services, you agree to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you should not access or use our services.
1. Information We Collect
We collect various types of information from you to provide and improve our services, ensure security, and comply with legal obligations. This information may be collected directly from you, automatically through your use of our services, or from third parties.
1.1 Personal Information
- Account Information: We collect personal details when you create an account, such as your name, email address, phone number, and payment information. This information is necessary for account creation, service delivery, and customer support.
- Identity Verification: For certain services, we may require additional information to verify your identity, such as government-issued identification.
1.2 Usage Data
- Service Usage: We collect data about how you interact with our services, including the features you use, the content you access, and the time and duration of your activities. This data helps us understand how our services are used and how we can improve them.
- Log Data: Our servers automatically collect information when you access or use our services, such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (such as device and application IDs).
1.3 Device Information
- Device and Connection Information: We collect information about the devices you use to access our services, including IP addresses, browser types, device identifiers, operating systems, and mobile network information. This helps us optimize our services for different devices and troubleshoot technical issues.
- Location Information: We may collect and process information about your actual location to provide location-based services, such as geo-fencing for race audio streaming. Location data may be collected through GPS, Wi-Fi, or IP address.
1.4 Cookies and Tracking Technologies
- Cookies: We use cookies, web beacons, pixels, and other tracking technologies to collect information about your browsing behavior on our website and app, such as pages viewed, links clicked, and other actions you take. Cookies help us personalize your experience and understand how you interact with our services.
- Analytics Tools: We use third-party analytics tools, such as Google Analytics, to collect information about your interactions with our services. These tools may collect information sent by your browser as part of a web page request, including cookies and your IP address.
1.5 Information from Third Parties
- Third-Party Accounts: If you choose to link your account with a third-party service (e.g., social media platforms), we may collect information from that service, such as your profile information, friends list, and other data you have authorized the third-party service to share.
- Partners and Affiliates: We may also receive information about you from our business partners and affiliates, including information from third-party marketing and data partners.
2. How We Use Your Information
We use the information we collect for the following purposes:
2.1 Service Delivery
- Account Management: To create and manage your account, process transactions, and provide you with the services you request. This includes verifying your identity, processing payments, and providing customer support.
- Service Performance: To operate, maintain, and improve our services, including providing race track audio, updates, and other related services. This helps us ensure our services meet your expectations and deliver the functionality you need.
2.2 Communication
- Customer Support: To respond to your inquiries, provide technical support, and resolve any issues you may encounter while using our services. We may communicate with you via email, phone, or chat.
- Service-Related Communications: To send you transactional emails, security alerts, and other important service-related communications. These communications are necessary for the operation of our services and cannot be opted out of.
2.3 Marketing and Promotions
- Personalized Marketing: To send you marketing communications that we believe may be of interest to you, including information about new features, products, promotions, and special offers. You can opt out of marketing communications at any time by following the unsubscribe instructions in the emails or by contacting us.
- Advertising: To serve personalized ads on our services or through third-party platforms, based on your interests and interactions with our services. We may use cookies and other tracking technologies to deliver relevant ads.
2.4 Analytics and Improvement
- Service Analytics: To analyze usage trends and preferences, understand how our services are used, and develop new features and services. This helps us make informed decisions about product development and service improvements.
- A/B Testing: To test different versions of our services to determine which features or content work best for our users. This allows us to optimize the user experience.
2.5 Security and Compliance
- Security Monitoring: To monitor and prevent fraud, suspicious activity, and other risks to our users, services, and company. We use a variety of security tools and technologies to protect your information.
- Legal Compliance: To comply with legal obligations, resolve disputes, enforce our agreements, and protect our rights and the rights of others. This may include responding to legal requests, such as subpoenas or court orders.
3. Sharing Your Information
We may share your information with third parties under the following circumstances:
3.1 Service Providers
- We may share your information with third-party service providers who perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, and customer service. These service providers are contractually obligated to maintain the confidentiality of your information and are restricted from using your information for any purpose other than providing services to us.
3.2 Business Partners
- We may share your information with trusted business partners for co-branded services, joint promotions, or other commercial collaborations, provided they agree to comply with this Privacy Policy. Business partners may use this information to provide you with their services or to offer you special promotions.
3.3 Affiliates
- We may share your information with our affiliates, in which case we will require them to honor this Privacy Policy. Affiliates may include our parent company, subsidiaries, joint venture partners, or other companies under common control with us.
3.4 Legal Requirements
- We may disclose your information if required by law, in response to legal processes, to protect our rights, to prevent harm to others, or to comply with legal obligations. This includes sharing information with law enforcement, regulatory agencies, or other government bodies.
3.5 Corporate Transactions
- In the event that TT is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will provide notice before your information is transferred and becomes subject to a different privacy policy.
3.6 Data Sharing with Third-Party Advertisers
- We may share anonymized and aggregated data with third-party advertisers for marketing purposes. This data does not include personally identifiable information and is used to help advertisers understand the demographics and behaviors of our user base.
4. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:
- The duration of your relationship with us.
- Whether we are subject to a legal obligation to retain data.
- Whether retention is advisable considering our legal position (e.g., in regard to applicable statutes of limitations, litigation, or regulatory investigations).
Once your information is no longer needed, we will securely delete or anonymize it.
5. Data Security
We implement appropriate technical and organizational measures to protect your information from unauthorized access, use, or disclosure. These measures include:
- Encryption: We use encryption to protect data in transit and at rest.
- Access Controls: We limit access to your personal information to authorized employees and contractors who need it to perform their job functions.
- Monitoring: We monitor our systems for potential vulnerabilities and attacks and regularly test our security measures.
However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6. International Data Transfers
TT is based in the United States, and the information we collect is governed by U.S. law. If you are accessing our services from outside the U.S., please be aware that your information may be transferred to, stored, and processed in the U.S. or other countries where our servers are located. By using our services, you consent to the transfer of your information to the U.S. and other locations as necessary. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
7. Your Privacy Rights
Depending on your jurisdiction, you may have the following rights regarding your personal information:
7.1 Access
- You may request access to the personal information we hold about you, including details on how we use and share it.
7.2 Correction
- You may request that we correct or update inaccurate or incomplete information.
7.3 Deletion
- You may request that we delete your personal information, subject to certain exceptions, such as compliance with legal obligations or where the data is necessary for the establishment, exercise, or defense of legal claims.
7.4 Objection
- You may object to our processing of your personal information based on legitimate interests, including profiling and direct marketing. If you object, we will stop processing your personal information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
7.5 Restriction
- You may request that we restrict the processing of your personal information in certain circumstances, such as while we verify your request or when you object to our processing. If processing is restricted, we will still store your personal information but will not use it further unless you consent or it is needed for legal claims or to protect another person’s rights.
7.6 Data Portability
- You may request a copy of your personal information in a structured, commonly used, and machine-readable format, and you may request that we transfer this information to another entity where technically feasible. This right applies only to information that you have provided to us, and where the processing is based on your consent or a contract to which you are a party.
7.7 Withdrawal of Consent
- If you have provided consent for the collection, processing, and transfer of your personal information, you have the right to withdraw your consent at any time. However, the withdrawal of your consent does not affect the lawfulness of any processing carried out before your withdrawal, nor does it affect processing based on other lawful grounds.
7.8 Lodging Complaints
- You have the right to lodge a complaint with a data protection authority if you believe that our processing of your personal information violates applicable law.
To exercise these rights, please contact us at [email protected]. We will respond to your request within the timeframe required by law and may require verification of your identity before processing your request.
8. Children’s Privacy
Our services are not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under 18, we will take steps to delete that information from our records. If you believe that a child under 18 has provided us with personal information, please contact us at [email protected].
9. Data Anonymization and Aggregation
TT reserves the right to anonymize and aggregate any personal information collected through the services and use such data for any legitimate business purpose, including research, marketing, and analytics. Once anonymized, this data will not be subject to requests for access, deletion, or correction, as it no longer constitutes personal information.
10. Updates to This Privacy Policy
We reserve the right to update this Privacy Policy at any time in our sole discretion without prior notice. Any changes to this Privacy Policy will be posted on our website, and the “Last Updated” date will be revised accordingly. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. Your continued use of our services after any changes to this Privacy Policy constitutes your acceptance of the revised terms.
11. Limitation of Liability
To the maximum extent permitted by law, TT will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your access to or use of our services, including any privacy or data security incidents. This limitation of liability applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if TT has been advised of the possibility of such damages.
In no event shall TT’s total liability to you for all claims arising from any data privacy breach or other issues exceed the amount you have paid to TT, if any, for accessing the services in the twelve months preceding the event giving rise to the claim. The limitations set forth herein are fundamental elements of the agreement between you and TT.
12. Indemnification
You agree to indemnify, defend, and hold harmless TT, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising directly from:
- Your misuse of or unauthorized access to our services;
- Your material violation of this Privacy Policy;
- Any User Content you submit, post, or transmit through our services that infringes the rights of another;
- Your violation of any third-party rights, including privacy, publicity, intellectual property, or contractual rights, as a direct result of your actions.
This indemnification obligation will not apply to any claims or damages arising solely from TT’s own negligence, gross negligence, or willful misconduct. This obligation will survive the termination of your relationship with TT and your use of the services.”
13. Third-Party Links and Services
Our services may contain links to third-party websites, services, or applications that are not operated or controlled by TT. This Privacy Policy does not apply to such third-party services. We are not responsible for the content, privacy policies, or practices of these third-party services. We encourage you to review the privacy policies of any third-party services you access.
14. Data Processing and Transfers
TT may process and store your personal information in the United States and other countries where we or our service providers have operations. By using our services, you consent to the transfer of your personal information to these locations. We will take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it.
15. Contact Us
If you have any questions or concerns about this Privacy Policy, our data practices, or your rights, please contact us at:
TrackTune Holdings LLC
Email: [email protected]