Privacy Notice

Introduction

In this Privacy Policy (“Policy”), "We", "Us", OR "OraStream" refers to OraStream Private Limited.

OraStream provides a digital music platform, including digital music Services storefronts, mobile music apps and related consumer music library applications, cloud-music storage and streaming services (“Services”).

We respect the privacy concerns of the users of the Services and have created this Policy to explain:

  1. What information we gather from you when you visit the Services
  2. How we may use such information
  3. Your choices concerning how we may use such information and
  4. The security measures we take to protect such information.

Some information is collected on the Services automatically through our technology; other information is collected when you choose to give it to us (e.g. when an account is registered or when a payment transaction is paid online).

Notice to EU Residents

This Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“the Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, the Privacy Shield, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the United States including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“the General Data Protection Regulation”) as it comes into force on 25 May 2018.

Summary

Although you should read through the Policy for complete information on how we collect, use, share, and secure information, the following provides a summary of some the most important aspects of our privacy practices:

  1. We may use your personally identifiable information to provide you with Services, including to process payments you make, to improve our Services, and to provide you with information on upcoming product releases, announcements, and promotions.
  2. We may share your personally identifiable information under certain circumstances as disclosed in this Policy.
  3. We take reasonable measures to secure your personal information, but we cannot promise that your personal information will remain secure in all circumstances.
Principles for Processing Personal Information

We respect your privacy and are committed to protecting your personal information in compliance with the applicable legislation. This compliance is consistent with our desire to keep you informed and to recognize and respect your privacy rights. We agree to observe the following principles when processing personal information:

  1. Data will be processed fairly and in accordance with applicable law.
  2. Data will be collected for specified, legitimate purposes and not processed further in ways incompatible with those purposes.
  3. Data will be relevant to and not excessive for the purposes for which they are collected and used. For example data may be rendered anonymous if deemed reasonable, feasible and appropriate, depending on the nature of the data and the risks associated with the intended uses.
  4. Data subjects in the EU will be asked to provide their clear and unequivocal consent for the collection, processing and transfer of their personal data.
  5. Data will be accurate and, where necessary kept up up-to-date. Reasonable steps will be taken to rectify or delete personal information that is inaccurate or incomplete.
  6. Data will be kept only as it is necessary for the purposes for which it was collected and processed. Those purposes shall be described in this Policy.
  7. Data will be deleted or amended following a relevant request by the concerned data subject, should such notice comply with the applicable legislation each time.
  8. Data will be processed in accordance with the individual’s legal rights (as described in this Policy or as provided by law).
  9. Appropriate technical, physical and organizational measures will be taken to prevent unauthorized access, unlawful processing and unauthorized or accidental loss, destruction or damage to data. In case of any such violation with respect to personal data, we will take appropriate steps to end the violation and determine liabilities in accordance with applicable law and will cooperate with the competent authorities.
Information We Gather Automatically

When you visit the Services, certain non-personally identifying information is recorded automatically by the standard operation of our Internet servers. Information such as the type of browser being used, its operating system, and your computer's Internet Protocol ("IP") address is gathered to facilitate the Services’ operations. If you access our Services from a mobile or other device, we may collect information for that device (including operating system, browser, type of device) in order to facilitate the Services on mobile devices. We may use or share this information for security and service authentication purposes, to generate reports for royalty clearances and content/service usage as required for the performance of our business contracts or by law.

If you access the Services from a social network like Facebook, OraStream receives certain information about you from the social network automatically. The information we receive depends on what you have consented to the social network sharing your personal data with us. Thus, the information shared depends on your privacy settings and your friends’ privacy settings on that social network.

For example, OraStream may collect and store some or all of the following information provided by the social network:

  1. your first and last name;
  2. your profile picture or its URL;
  3. your social network ID number (like your Facebook ID number), which is linked to publicly-available information like your name and profile photo;
  4. the social network ID numbers and other public data for your friends;
  5. the login e-mail you provided to that social network when you registered with it;
  6. your physical location and that of the devices you use to access our Services;
  7. your gender;
  8. your birthday and/or age range;
  9. other publicly-available information on the social network; and/or
  10. any other information that you or the social networks share with OraStream.

If you access our Services from a social network, you should therefore read that social network’s Terms of Service and Privacy Policy.

We may use or share this information for security and service authentication purposes, to generate reports for royalty clearances and content/service usage as required for the performance of our business contracts or by law. Among the purposes for which we may use such generally non-personally identifying information is for identification purposes in the event where proper legal process allows using such information. For instance, we may use your IP address or other automatically recorded information, in cooperation with your Internet provider, to attempt to identify you if it is necessary to contact you or to bring legal action against you because you are violating the Terms of Services for use for this Services, may be causing injury to or interference (intentionally or unintentionally) with our company's rights or property, or may be adversely affecting other users of this Services or anyone else who could be harmed by your activities.

Personal Information You Provide To Us

We may request personally identifying information from you in a variety of contexts. For example, you may provide such data to us if you: (1) complete an online registration form (e.g., registering for an account, sign-up forms for receiving email newsletters, registering for special promotional offers, or responding to a survey); (2) fill out a support form to request support information; (3) register to participate in message boards and user forums and other community features; or (4) purchase product and pay for the Services from us. Additionally, when you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally, your name and e-mail address), information about your activity on our Services, and your user name. We will also store the communications you have with the Customer Services team and any information in those communications in order to provide support.

In such cases, the personally identifying information we request may include your name, email address, birth date, gender, mailing address and postal code, country, phone number, and, where appropriate, a valid credit card number with expiration date (collectively, "Personal Information"). Other types of personal information we request includes your type of Services plan, interactions with the Services; date and time of requests you make from what locations, tracks listened to, playlists you create and interactions with other OraStream users and other technical data, such as, URL information, cookie data, IP addresses, types of access devices, unique device IDs, device attributes, network connection type and bandwidth performance, browser type, operating systems, language, etc., and payment data; name, email address, mailing address, date of birth, credit/debit card type, expiration date, postal code, phone number, transaction history and other related data. The exact personal data we request depends on the type of service plans you sign up for. In addition, we may collect other non-personally identifying information such as your date of birth, gender, country of residence and other information regarding your interaction with our Services such as your viewing and listening habits, preferences and other customized activities in which you participate. Of course, you never have to answer any of the questions we ask you (nor choose to view or listen to any multimedia content or otherwise interact with the Services), but refusal to do so may limit the Services we can offer or provide to you.

When you provide Personal Information to us, we use that data to create a "My Profile" page for you, which will be held in a database using reasonable security measures to protect the data from unauthorized access. Others outside OraStream will not be allowed to see the data on your My Profile Page except with your consent. If you register to set up an account, you will be able to access your My Profile page at any time in order to update your individual Personal Information listed therein and view your transactions and history (of transactions), in any, with the Services.

How Can Your Personal Information Be Used?
Within OraStream

When you register an account to use the Services, purchase products or service plans from OraStream we will use your personal information to register your account, fulfil your order and render customer services. We do not store your credit card information; they are transmitted securely and stored by reputable third-party payment processing companies that process your payment transactions. We do not rent, sell or share credit card information with promotional partners or other third parties.

Your personal information may be stored in databases located on OraStream cloud servers so as to provide interoperability of the Services among your devices. The personal information would also be used to communicate with you for marketing, promotional and technical support service purposes.

OraStream keeps track of the websites and pages you visit within the Services, what features and content you use and how frequently. This information may be used by OraStream to maintain and improve the content, design, usability, and quality of the Services; to improve your user experience; to generate and provide statistics regarding use of the Services; to deliver customized content within the Services to users whose listening behaviour indicate that they are interested in particular music genres and artists.

We may have links to third party-operated sites that sell or license certain music, videos, or other services promoted on OraStream. Such third party sites are not operated or controlled by OraStream, and any transactions that you may enter into with such sites will be subject to the privacy and security practices of the merchant with which you are transacting. OraStream is not responsible for the privacy and security practices of third party sites not in our immediate control.

We may use your Personal Information and other non-personally identifying information we collect to update you about the Services or to contact you about new products or promotions that we believe may be of interest to you. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by (a) following the instructions included in the specific communication you no longer wish to receive, (b) sending an email to support@orastream.com and explaining how you would like to modify your preferences.

Finally, without any specific approval from you, we may develop general aggregate data (i.e., data that cannot be used to identify specific individuals) about our user community that is partly based on information about you and your transactions with OraStream and may share such aggregate statistics with other OraStream-related companies without your consent.

Outside OraStream

We will not share your personal information with any third party, except for specific instances as follows:

As Aggregated Data: We will aggregate your personal data will similar data relating to other users to produce aggregated statistical information regarding the use of the Services, which we may then share with third parties. None of this information would include any personal contact information, such as, email addresses, or anything that can identify any specific user.

Protection of OraStream and Others: We will release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of OraStream, our users, or others. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.

Services Providers: We use established, reputable third party services providers to deliver specialized services related to the Services. These third parties will have access to some information about you in the course of providing their services to us. Where we transfer personal information to these third parties, we require these parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to deliver their Services to us.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Business Transfer: We may disclose your personal information to any person, company or entity that acquires all or substantially all of the assets or business of OraStream, or on a merger of our business, on in the event of the company’s insolvency.

How Can You Correct or Review Your Personal Information?

You can access, review and edit personal information you have provided us by clicking on the My Profile tab found on OraStream’s consumer desktop and mobile apps. You may also contact us by sending an email to support@orastream.com to let us know if you wish to modify any personal information and/or preferences.

Safeguarding Your Personal Information

OraStream cares about the security of your personal information. We follow generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. When you provide credit card information, we use secure socket layer (SSL) encryption when transmitting the data to third party payment processing companies..

Despite many advances in information security technology and procedures, however, no commercially deployed method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, while we do strive to use modern and commercially reasonable means to protect your Personal Information, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.

For Parents Concerning the Privacy of Information on Their Children

Children under 18 are not allowed to use OraStream. If you are based in the EEA you may only use OraStream if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of OraStream has been provided to us. If you are a parent and you learn that your child is using OraStream and you don't want them to, email support@orastream.com to let us know.

International Operations and Transfers Out of Switzerland and the EEA

The Services are available worldwide. By using OraStream, you authorize us to transfer and store your information outside your home country for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.

We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.

Help Desk and Users’ Forums

If you visit the help desk and users’ forums on the Service, you are responsible for the content of messages you post there. You should be aware that when you voluntarily disclose any personal information, that information may be read, collected and used by other users of the Services and may result in unsolicited messages, both commercial and otherwise. You agree that by participating in the online forums, which are public, you will not use such forums for any purpose that is unlawful or prohibited by the OraStream guidelines that may be in effect from time to time in connection with the Services. We reserve the right to terminate your access to the Services or to take other protective steps if you violate those terms.

Links to Other Sites

We do not endorse and are not responsible for the content or practices of web sites operated by companies outside of OraStream that may be linked to the Services. You should not assume that their privacy policies or practices are the same as those followed by our company or by other OraStream companies. Visitors to any such web sites should refer to their respective privacy policies and practices.

How to Contact Us

If you have any questions or complaints about our Privacy Policy, you can contact us at 73 Ayer Rajah Cresent, #01-17, Singapore 139952 or support@orastream.com. When we receive your inquiries about our Privacy Policy, we will use your email address only to respond to your question or comment. However, if your question raises one or more issues that affect third party partners, we may also share your question with them in order to provide a response.

You may request access to any personal information maintained on you by OraStream at any time by emailing support@orastream.com to review, update, and revise your personal information. If any information is inaccurate or incomplete, you may request that the data be amended.

If you demonstrate that the purpose for which the data is being processed in no longer legal or appropriate, the data will be deleted, unless the applicable law requires otherwise. You also have the right to request the deletion of your personal data for any reason by emailing support@orastream.com.

Obligations to Data Protection Authorities

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will (i) cooperate with inquiries from the DPA responsible for the entity exporting the data and (ii) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

Conditions of Use, Notices, and Revisions

If you choose to use the Services, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use including limitations on damages, resolution of disputes, and choice of law.

If you have any concern about privacy at OraStream, please contact support@orastream.com with a thorough description, and we will try to resolve it.

Our business changes constantly, and our Privacy Notice and our Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Your continued use of the Services after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to any changed terms.



[Updated 25th May 2018]