Privacy Policy

GENERAL

1. This privacy policy covers how Synctuition collects and treats information about its users. Anyone who visits the synctuition.com website (or any of its sub-domains) or downloads, saves, installs, uses or accesses, or attempts to use or access, any of Synctuition’s Content, Software or Applications (including mobile applications via 3 rd parties such as Google and Apple) shall by so doing be deemed to have agreed to the terms of this privacy policy and such collection, use and other processing of data as set forth below. This privacy policy governs your use of the Website (synctuition.com and all of its sub-domains), Content and Software (both as defined in the Synctuition Terms of Service) that were created by Synctuition. The Website and Software provide a non-interactive audio streaming services (the “Synctuition Service”) that features binaural soundwaves.

2. All capitalized terms used and not otherwise defined herein have the meanings ascribed to them in Synctuition’s terms of service (available at synctuition.com/terms-and-conditions, hereinafter "Terms of Service"), with the exception of the term "Customer", which, for the purposes of this privacy policy, shall also include anyone who visits synctuition.com website or downloads, saves, installs, uses or accesses, or attempts to use or access, any of Synctuition’s content or applications. The term "Supplier" refers to each person or entity identified as Supplier in any version of the Terms of Service (i.e., each such person or entity severally).

3. Nothing herein is intended to prejudice Supplier's statutory data processing rights.

DATA COLLECTION

4. Customer acknowledges that Supplier may collect information (including personal data) about Customer and End Users ("Data Subjects"): (a) during the negotiation, conclusion and modification of the agreements it concludes with Data Subjects or with parties whom the Data Subjects represent (the information collected may include the data provided in such agreements, or for the purposes of negotiating, concluding or amending same); (b) when a Data Subject fills in forms via the Service, opens a User Account, purchases or cancels a Service Plan, creates or modifies a user profile, or enters or modifies other information associated with their User Account (the information thus provided); (c) when a Data Subject visits Supplier's website (the Data Subject's IP address, geographical location, session information, browsing behavior, certain software and hardware attributes); (d) when a Data Subject downloads, installs, updates or uninstalls the Software, or accesses or uses the Service (the location, manner, means and duration of such activity as well as other information the Data Subject may provide); and (e) when otherwise knowingly made available to Supplier (the information the Data Subject provides). When visiting Supplier's website, "cookies" may be stored within the visitor's device.

DATA PROCESSING

5. Customer agrees and warrants to Supplier that End Users agree:

(a) to Supplier's processing of Customer Details and such other information as referenced in section 4 (collectively, "Data") for the purposes of (i) providing the Service, (ii) improving or otherwise modifying the Service and notifying Customer and other relevant Data Subjects thereof, (iii) customizing the content and/or layout of Supplier's website or the Service for the particular visitor or user, (iv) replying to the Data Subjects' communications and contacting them, (v) performing Supplier's obligations towards the Data Subject, (vi) exercising and enforcing Supplier's rights, (vii) user statistics and other Service-related analyses;

(b) that Data may be processed in the country of their domicile as well as outside it, including, but not limited to, in any member state of the Organization for Economic Co-operation and Development (OECD) and any country participating in the European Economic Area (EEA);

(c) that Supplier will not disclose Customer Details to any third party besides the members of its corporate group, except when, to the extent, and to persons (i) expressly allowed by the Data Subject concerned, (ii) required by law, or (iii) necessary in order to perform Supplier's obligations under the Agreement, or its statutory obligations, or to exercise its legal rights, or defend against claims or other process.

(d) Supplier may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Services are used, diagnosing service or technical problems, maintaining security, and personalizing content. This non-personally identifiable information includes, but is not limited to: anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.

(e) Supplier reserves the right to remove any information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Service, or to protect or defend our rights or property or those of any third party.

(f) Supplier uses cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.

(g) The Synctuition Service may allow third-party ad servers or ad networks to serve advertisements on the Synctuition Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Synctuition Service. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. The Application does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser requests that the Services show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

6. Supplier has no obligation to monitor or access its customers' accounts, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, or perform its legal duties).

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Services, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

8. Clear Gifs Information: When you use the Services, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Services better for our users.

9. We are not responsible for the practices employed by websites linked to or from the Synctuition Service, nor the information or content contained therein. Please remember that when you use a link to go from the Synctuition Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

10. The Supplier uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. Once we receive your transmission of information, Supplier makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

11. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from the Service, at all times.

12. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

CUSTOMER'S RIGHTS

13. Upon Customer's request, Supplier will grant Customer access to, or, at Supplier's option, provide Customer with a statement of, all Personal Data that Supplier maintains about Customer, unless such information is otherwise reasonably available to Customer or Supplier is legally prohibited from disclosing such records. If any such Personal Data prove to be incorrect or misleading, Customer is entitled to have same corrected, or, where Customer is able and authorized to modify such data, correct same on their own initiative. Registered Customers can access and correct certain of their Customer Details through the Service by visiting their personal profile page. For the avoidance of doubt, Customer acknowledges that this section only applies to "Personal Data that Supplier maintains about Customer", and that Supplier does not "maintain" any User Data (see section 8).

14. In all cases where Supplier is allowed to disclose Customer Details to third parties, it will, as far as possible, take reasonable measures to ensure that the person to whom disclosure is made grants the respective Data Subject rights that are substantially similar to those set forth herein with respect to the processing of such Customer Details (including the right to be informed about the data maintained on the Data Subject and the right to correct or have corrected incorrect or misleading information).

NOTIFICATION

15. If a Data Subject participates in Supplier's mailing or similar program, Supplier may use their Customer Details to send them information about products, services, promotions and events that Supplier believes may be of interest to them. Any subscription to any such program may be cancelled at will.

16. Supplier may send registered Customers certain communications relating to the Service, such as (e.g.) service announcements and administrative messages, without offering such Customers the opportunity to opt out of receiving them.

17. Supplier asks that all requests, enquiries, complaints and other communications that Customer wishes to address to Supplier with respect to this privacy policy or Data processing be submitted via the feedback feature of Supplier's website, or that such communications be sent to the following email or postal address: support [a] synctuition.com / Synctuition OÜ, Tornimäe 7-131, 10145 Tallinn, Estonia.

JURISTICTION

18. Any dispute that may arise between Customer and Supplier or between an End User and Supplier in connection with this privacy policy or Supplier's data processing activities shall be subject to the jurisdiction specified in the respective Supplier's Terms of Service.

CHANGE OF POLICY

19. Supplier may amend or repeal this privacy policy at any time by posting a revised privacy policy or a new policy document in its place. If such revised or new policy includes a significant change to the way that Customer Details may be treated, Supplier will notify registered Customers of the fact that its privacy policy has changed by sending such Customers an email to the address associated with their User Account, or by posting a prominent notice on the Service.