Regulatory Matters: Only to the extent the following statutes or rules may be applicable as to this Agreement, to us and to you, the terms of this Agreement, our standard practices and the terms of any other agreement(s) between you and the Company are intended to comply with the terms and rules of the European Union General Data Protection Regulation first effective May 25, 2018, as amended (“GDPR”), the California Consumer Privacy Act of 2018, as amended (“CCPA”), with the online privacy Nevada Senate Bill 220 of 2019, as approved and amended (“NV SB220”), with the terms and rules established by the US Federal Trade Commission (“FTC”), as amended (“FTC Rules”), including the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, as amended (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”), and also with the Digital Millennium Copyright Act of 1998 of the United States, as amended, and the rules established by the World Intellectual Property Organization (“WIPO”), as amended (“WIPO Rules”) (each of the above, only to the extent applicable hereunder, a “Regulation, and collectively, the “Regulations”). Both parties to this Agreement pledge their best efforts in cooperation with each other, and in their compliance with applicable Regulations, in general, and as set forth in this Agreement.
Personally Identifiable Information
Company only collects personally identifiable information (information that identifies you, such as your name, address, telephone number, birthdate, and email address) when you provide it. If you do not want Company to have your personally identifiable information, do not provide it. Company collects this type of information through the following methods: membership applications, transactions, email, and contact information submissions.
Under our standard practices we may collect the following information, which shall not be considered private information or personal data as between you and us, or as among you and us and our contractors, but which shall be considered private and personal as to third parties other than our contractors:
- Contact information including names and email address(es), mailing address and phone number;
- Credit card or online financial information or bank account information including card or bank type/name, account number, expiration date, CVV code and name on the card/account is only collected by a third party. Should you pay for any of our services using a check, this information is kept by the Company for only as long as necessary to ensure compliance with all legal requirements.
- General demographic information including geographic information such as countries, states, provinces, territories, etc.
- Any information you may send, provide or deliver to us, either electronically or otherwise, regardless of whether we have committed not to collect it as part of our standard practices under this policy; and
- Device information such as mobile phone provider associated with the device you are using to access the Website or Services, your device’s unique identifier, the type of device and its operating system, the pages or features accessed most frequently, calls and messages placed through the Website or Services, how pages or features of the Services are used, search terms entered, and similar analytics about use of the Website or Services.
- Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, device type, the operating system you are using, your IP address, and the domain name of your Internet service provider.
- Location Information. When the Services you request require location-based information, the Website or Services may need to use GPS or other location-based services to identify your physical location. With your consent, the Website or Services may access your device’s calendar, contacts, call history, camera roll, or other device-stored information, in order to facilitate and provide the Services.
What We Do Not Collect
We use secure third-party payment processors for any online payments to us, and we also use secure third-party email service providers and other contractors for communicating with you. For these reasons, and for the benefit of your privacy and security, under our standard practices we do not collect, hold or control any of the following information:
- Tax identification numbers, for example, US social security numbers or Canadian social insurance numbers, except as may be necessary for tax purposes from our affiliates that are providing us these numbers so they can receive payments from us.
- Credit card or debit card numbers, except for the last four digits of them, which may be collected by us to provide you with any refund, if available, to verify your status as an adult, and for transaction verification purposes, and/or when you sign up for our monthly or annual membership.
With regard to our website or otherwise, and to the best of your and our knowledge, you and we agree that we are not a “data processor”, nor are we in any way accepting the duties or obligations of a “data processor”, as such term may be described or defined in the GDPR. Company does not sell your information to third parties.
Data Collection and Use of information
Company collects personal identifiable information for the purpose of offering memberships and access to online digital content. This data includes, but is not limited to, name, address, email, and phone. All data is collected through secure forms on our website and is accessed only by authorized employees of the Company. Personally identifiable information is used and stored securely in accordance with the Company’s data policies and procedures. Personal data is not shared with third parties.
Aside from performing services and business operations, Company will not share your personal information unless legally required to do so (i.e., subpoena, government request or investigation, or otherwise required by law). Company may use third parties to help it maintain and operate its business operations, and those third parties may receive your personally identifiable information for that purpose. If you would like to review, revise, or delete the information you have provided to Company please contact email@example.com.
A “Cookie” is a small file that is usually temporarily stored on your electronic device, often by your internet browser; without limitation these Cookies also may be called pixels, bots, tags, code snippets, beacons, logs, log records, remarketing or retargeting protocols, or may include similar technologies (all of these foregoing are defined as “Cookies” or “cookies” here). The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We may use traffic log cookies to identify which pages are being used on our website(s) and webpage(s). This helps us analyze data about webpage traffic and improve our website in order to tailor it to each user’s needs. We use this information for statistical analysis purposes.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your electronic device or any information about you other than the information you have elected to share with us by use of your browser and system settings.
Also, as part of our standard practices we do not monitor or recognize (and, therefore, our systems typically do not have the capability to honor) any behavioral-advertising opt-out or do-not-track mechanisms, settings or signals, including those of your, or anyone else’s, web browser.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser and other system settings to decline, modify or manage cookies, if you prefer. This may prevent or limit you from taking full advantage of our website and/or services.
Company website may contain links to other websites not maintained or related to Company. These links are provided as a service to users and are not sponsored by or affiliated with this web site or Company. If you choose to access these links and leave our site, you should note that we do not have any control over that other website. We are not responsible for the content you may encounter or other results that may occur by you visiting these external sites, nor for the protection and privacy of any information which you provide while visiting such sites and that such sites are not governed by this policy, including in the event that any of such sites happens to be owned or operated by one of our contractors. Company has not reviewed any or all of the sites hyperlinked to or from this website and is not responsible for the content or privacy practices of other websites. The links are accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to this website.
Minor Children, Communications & Other Privacy Matters
By using our website, you represent the following: (1) that you are at least the age of majority (the “Age of Majority”) in your nation, territory, state or province of residence (“your Place”), and (2) that you are hereby accepting complete legal responsibility for any person in your household or who is using your electronic device who is under the age of majority in your Place, including without limitation any of your minor dependents (any such persons herein, “your minors”) who may be using our website, and (3) if any of your minors are under the age of 13 (herein, an “twelve-and-under minor”), then you also hereby agree to in no way, either directly or indirectly, provide us with any personal data or information relating to any of your minors who also is a twelve-and-under minor. ALL ONLINE REGISTRATIONS OR INQUIRIES ABOUT THE MUSIC SCHOOL ONLY REQUEST THE ADULT’S INFORMATION. PLEASE DO NOT SEND ANY MINOR STUDENT INFORMATION WITH YOUR REQUEST.
You also represent that any of your minors for whom you are providing your consent herein are subject to your complete and direct supervision for their use of our website and in any and all communications between or among the parties herein. You agree and acknowledge that any communications between or among the parties may include information that we or you consider private, and that not all electronic networks, whether online or private, are always secure. To the fullest extent allowable under applicable law or Regulation, you agree to hold us harmless for any non-intentional loss of, or access to, electronically exchanged and stored information. For us to maintain our standard practices updated in light of ongoing legal and regulatory changes, we reserve the right to make changes to this policy at any time without prior notice to you. You agree to review this Privacy Agreement from time to time to ensure that you are satisfied with any changes. Still, from time to time we may request that you verify, and even re-verify your intent to continue as a party to this Agreement, regarding which you pledge your best efforts to cooperate with us. This version and last update of this Privacy Agreement have been effective since the date listed at the end of this document.
From time to time, Dhvani Inc. and/or the Music School, associated with Company (https://musicschool.dhvaniohio.org/) (hereinafter “Music School”), arrange music competitions and offer lessons and performances for students to register and participate in. These lessons and performances are offered to both adults and minors. By registering for any Dhvani competition and/or Music School lessons or performances offered, you agree that Company may capture and record (hereinafter “Recordings”) your and/or any minor children you register, image, likeness and voice, and to use your and/or any minor children you register, name, title, and biographical information in connection with the Recordings. You further agree that Company can use, reproduce, exhibit, or distribute any Recordings in whole or in part on any media, including but not limited to print or digital or another other medium now known or later developed.
You agree that any photos, videos, and/or recordings taken are the sole property of Company. You waive any right to inspect or approve any Recordings or any uses and waive any right to royalties or other compensation related to the use of the Recordings.
Company is not able and will not respond to requests to remove a photo because you or your minor are in a photo, video or recording. By signing up for any lesson, competition or showcase, you expressly agree that these Recordings can be used. If you do not want to be in any Recordings, do not register or attend said event.