Who we are and what we do
Acceptance and Changes
2. Children's Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian's account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to GhettoTunes without your consent, you may ask us to delete such information by contacting us at firstname.lastname@example.org.
3. Data We Collect About You
We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.
To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Google), you authorize us to obtain account information from the third-party platform.
To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e. in-app purchase), the payment method stored with the third-party platform will be charged.
If you wish to sell items or earn money from advertising through our services, you must provide an account to receive funds and tax information, which may include your name, address, and taxpayer identification number.
Accountholders may create an account and upload and create content such as audios, videos, text, photographs, and artwork. Your profile may display information about you and your activities. This information may be accessed by others. Your audios/videos may be streamed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.) are viewable by others. Your interactions with other users (e.g., comments, "likes," private messages) may be seen by others. You may choose to limit the availability of your profile and audios/videos. For more details, see Section 9.
If you submit audios, images or videos to us in connection with our audio/video creation and editing tools, we may analyze such content using a variety of techniques, including machine-learning algorithms, for the sole purpose of creating an audio/video at your direction. In doing so, we may derive facial-related information from your content solely for the purpose of creating an audio/video for you. This information may be used, for example, to locate a face within a frame. Facial landmarks are retained for 48 hours after an audio/video editing session. We do not collect, use, or store any facial-related information for the purpose of recognizing faces outside of the limited audio/video-creation purposes set forth herein.
Audio/Video Embed Capture Forms
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; answering a questionnaire; participating in a study or survey; entering contests or sweepstakes; or signing up to receive communications from us or another user.
We collect your address to send you products you have ordered.
Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically-collected information (in the case of third-party analytics providers and advertising partners).
We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.
4. How We Use Your Data
We may use your data for the following purposes:
- Identification and authentication: We use your data to verify you when you access your account.
- Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you amounts you have earned.
- Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying audios/videos that you might enjoy, based upon your streaming choices.
- Marketing and advertising: We use your data to show you ads on third-party sites. We may also use your data in delivering third-party advertisements to you. This may include "targeted ads" based upon your activities.
- Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
- Performance of a contract;
- Legitimate commercial interest;
- Compliance with a legal obligation; or
If you require further information about the balancing test that GhettoTunes has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, see Section 15 for information on how to contact us.
5. With Whom We Share Your Data
We share data with third parties as follows:
- As you instruct: We may make your profile and audios/videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access
- With your consent: We may share your data with third parties where we have obtained your express consent to do so.
- Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.
- Advertising: We may share your data with advertising companies to display relevant ads to you.
- Analytics: We may share your data with analytics providers which help us understand how customers are using our services.
- Affiliates and advisors: We may share your data with our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. We may share your data with our affiliates to the extent necessary to provide you with the services ordered
- Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.
- Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
Where the services are provided to you through your employer or another organization that administers access, that organization may be able to:
- Access information about your account activity;
- Delete or limit access to your account or its content; and/or
- Change the email address associated with your account.
If you sign up for a GhettoTunes account using an email address belonging to an organization (i.e. your employer), we may disclose information about your account (such as the primary email address and the account type) to the corresponding organization. Please contact your organization’s administrator for further details.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings. We direct law enforcement agencies to our Law Enforcement Guidelines page.
We handle Malawi requests in accordance with Malawi law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both Malawi law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
7. Data Retention
We retain your data for as long as you have an account. When you close an account, we will delete its content, including its audios/videos. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We retain deleted audios/videos on our servers for a short period in case you wish to reverse deletion. Once we delete an audio/video, we may not be able to recover it. If you have previously made an audio/video public, the audio/video or its thumbnail may be discoverable in a search engine's cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
- You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
- You may change your account and audio/video privacy settings. See Section 9 for more details
- You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
- You may opt out of receiving commercial emails from us. See Section 10 for more details.
- You may backup your audios/videos.
- You may close your account (which will delete all audios/videos) or delete certain audios/videos.
Users in certain jurisdictions may have additional rights. See Section 14 for more details.
9. Account and Audio/Video Privacy Settings
As part of our services we offer you the ability to limit the distribution of your content, including your audios/videos. This section explains some of your choices.
Some of our online subscription plans enable you to "hide" your profile or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.
Some of our subscription plans enable you to grant account-level access rights to others. Persons with such access ("Team Members") may be able to see and potentially alter your data. You may revoke or downgrade Team Member access at any time.
We enable you to manage the privacy settings of your audios. On GhettoTunes.com, for example, your options, which depend on your subscription plan, may include:
- Public (or "anyone"): Your audio will be publicly-available.
- Just you (i.e., "only me"): Your audio will be available to you and authorized Team Members.
- Selected people: Your audio will be available to users you select (such as users you follow or specifically-designated users).
- Password-protected: Your audio may be accessed by anyone who enters the password you have set.
- Private link: Your audio may be accessed by anyone who enters the link assigned to it.
We enable you to manage the privacy settings of your videos. On GhettoTunes.com, for example, your options, which depend on your subscription plan, may include:
- Public (or "anyone"): Your video will be publicly-available.
- Just you (i.e., "only me"): Your video will be available to you and authorized Team Members.
- Selected people: Your video will be available to users you select (such as users you follow or specifically-designated users).
- Password-protected: Your video may be accessed by anyone who enters the password you have set.
- Private link: Your video may be accessed by anyone who enters the link assigned to it.
We provide similar options for our Livestream.com services. You may change these settings at any time. Changes will be applied on a go-forward basis. You should exercise caution in granting access to others. Once you have granted access to someone else, you lose a degree of control over the distribution of your audio/video as those persons may share the password and/or link with other people. Regardless of your profile or audio/video privacy settings, GhettoTunes reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.
10. Communications from Us
If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications
We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. Your Responsibilities
You may receive other people's data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
13. Third-Party Services
14. International Data Transfers and Certain User Rights
14.1 Location of Data
GhettoTunes is based in the Malawi. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the U.S., your information may be transferred to and processed in the U.S.. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 14.2 and 14.3 below.
14.2 GDPR (EEA and UK Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is GhettoTunes's policy to comply with the EEA's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to Malawi or the U.S. (or other countries) based upon the following legal bases:
- Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to Malawi or the U.S.
- Our use of Standard Contractual Clauses (also known as "Model Clauses") where appropriate.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in Section 15. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
14.3 California Users
Under California's "Shine the Light" law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.
Under the California Consumer Privacy Act ("CCPA"), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:
Right to Know. You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found here. In addition, you have the right to request a copy of your personal information. You may exercise this right once per 12-month period by using this form.
Right to Delete. You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your audios/videos. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights. You may exercise your right to delete using this form.
Do Not Sell. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. When you use our services, we may share your personal information with advertising partners in a way that may constitute a sale under the CCPA. You may opt out via the link provided on the relevant page or app. If we do not provide an opt-out mechanism, it is because we do not believe in good faith that your personal information is being sold.
Non-Discrimination. We won't discriminate against you because you exercise any rights herein.
To exercise your rights to know and delete, we must be able to verify your identity as the owner of the GhettoTunes account you are inquiring about. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. Although you need not have a GhettoTunes account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.
14.4 Nevada Users
15. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at:
GhettoTunes.com, Inc. Attention: Data Protection Officer P.O. Box 31640 Chichiri Blantyre 3 Malawi