Last Updated: May 9, 2018
Tom Hess Music Corporation
P.O. Box 113
Cary, IL 60013-0113
United States of America
It is very important that the information Tom Hess Music Corporation holds about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at firstname.lastname@example.org OR click here to update your details in your account.
The Sites are intended for a general audience aged thirteen (13) years and older. If you are under the age of 13, you are prohibited from using the Sites. Please ask your parent or guardian to visit the Sites with you with using their computer account and with them present.
Information We Collect
Information You Provide Directly to Us: (1) you may be asked to directly provide the Tom Hess Music Corporation with certain categories of personal information/PII (e.g., your full name, gender, geographic location [for example, shipping and billing addresses if you are engaging in transactions], e-mail address, telephone contact, a “password” [see below], purchase details etc.). You may also choose to share additional personal information in public forums or on sign-up forms or certain pages within the Sites. We reserve the right to collect information through, without limitation, account registration forms, e-mail newsletter sign-ups, and information that you provide to us directly via the Sites and mobile applications. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.; (2) Statistical information is the type of personal information, provided directly or indirectly, that may be collected from you at any time when you are in contact with the Sites or mobile applications but is not used in connection with your PII. Our lawful ground for this processing is our legitimate interests which in this case is to properly administer our website and our business.; (3) Communication data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.; (4) We do not collect your credit card information or other financial information (such as PayPal account information for a transaction) unless you make a purchase through the Sites or mobile applications. Additionally, if you make a credit card purchase through the Sites, you may be asked to agree to additional terms. Your credit card information will be used solely for processing transactions you authorize and we utilize SSL protocol in connection with such information. Credit card information is stored with our third-party payment processor Authorize.net. For more information about Authorize.net, please visit http://www.authorize.net. Additionally, purchases may be made through PayPal. For more information about PayPal’s policies, please visit https://www.paypal.com/home.
Information We May Collect during Your Visit to The Sites or Mobile Applications: When you contact the Sites or mobile applications, the Tom Hess Music Corporation and its third party service providers may also collect your usage information. This usage information may be collected through automated or passive means and may include a variety of technologies that collect information whenever you come into contact with the Sites or mobile applications. For example, these technologies record and collect your browser information, the “click-through URL” that linked you to the Sites or mobile applications, your usage information about pages and/or features that you visited, the date and time of your contact, and other similar information. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. We may also collect your internet protocol (“IP”) address or other automatically assigned identifiers that allow us to identify the device or mechanism through which you contact the Sites or mobile applications. We treat device and mechanism identifiers, as well as your usage information, to be the type of personal information that may be collected from you at any time when you are in contact with the Sites or mobile applications. We may also use this personal information in order to remember you and your preferences. We do not link aggregate data with PII. We may also collect the following technical data: your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Sensitive Data: We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose, we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
- How We Collect Your Personal Information: During your visit to the Sites or mobile applications, we may use the following technologies, without limitation, to collect your personal information: (1) cookies; (2) Flash cookies; (3) small graphic images or web beacons; (4) embedded script; and (5) similar technologies. Cookies are data files placed on the device that is used to access a website. A Flash cookie is a data file placed on a device via a third party plug-in (which may be built into your device or downloaded to your device). Small graphic images or web beacons, other web programming code that may be invisible to you, may be included on the Sites, mobile applications, and in Tom Hess Music Corporation e-mail messages. Web beacons may be used to count the number of users accessing the Sites and mobile applications, monitor how users navigate our websites and mobile applications, and count the number of e-mails that were sent and actually opened or the number of particular articles or links that were actually viewed. An embedded script is programming code that is designed to collect information about your interactions with the Sites or mobile applications (e.g., a link that you click on). We utilize both Session and persistent cookies. A session cookie is a code temporarily “dropped” in your browser through which you access the Sites and mobile applications from our web server or a third party service provider, and is only active while you are in contact with the Sites. This code is deactivated or deleted thereafter. A persistent cookie remains after the session is terminated. We use information collected to: (1) allow for better site functionality while you are visiting the Sites; (2) provide you with information about services and products that we think may be of interest to you; and (3) to collect aggregate (non-personalized) data. Most browsers allow you to “turn-off” cookies. You should consult with your individual browser provider. However, if you turn off cookies, you may not be able to enjoy complete site functionality.
b. If you send a third party a communication from the Sites or mobile applications, such as sending a friend a news article or information about a job opening, we may use this information on a one-time basis to facilitate the communication. We will not use it for any other marketing purpose, unless we obtain consent from that third party.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case, you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences] OR by following the opt-out links on any marketing message sent to you or OR by emailing us at firstname.lastname@example.org at any time.
If you opt out of receiving marketing communications, this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, etc.
How We Use Your Personal Information
Information We May Share
We may use third party vendors to perform certain services on behalf of the Tom Hess Music Corporation, such as hosting the Sites and mobile applications, designing and/or operating website features, tracking website analytics, enabling you to purchase any goods and/or services, and allowing us to send you e-mail newsletters or perform other administrative services. We may provide third parties with access to your information, including your personal information, to carry out the services that these parties are performing for you or for us. We currently use Google Analytics to provide us with aggregate statistical data. For more information about Google Analytics and its policies, please visit http://www.google.com/analytics.
Access to certain areas of the Sites and mobile applications may be provided to you in association with third parties and may require you to disclose personal information in order to register for and access products and/or services. Such co-branded areas will identify the third party associates. If you elect to register for products and/or services at co-branded areas you may be providing your information to both us and the third party associates. Further, if you sign-in to a co-branded area with a username and password obtained on the Sites and mobile applications, your personal information may be disclosed to the identified third party associates for that co-branded area and will be subject to the third party associates’ privacy policies.
Business Transfer: We may share your personal information with our subsidiaries and affiliates for internal purposes. We also reserve the right to disclose and transfer all information related to the Sites and mobile applications, including, without limitation, your personal, demographic, and usage information for the following purposes: (1) to a subsequent owner, co-owner, or operator of the Sites and mobile applications or an applicable database, or (2) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
Sweepstakes, Contests and Promotions (collectively, “Promotions”): We may offer Promotions through the Sites and mobile applications that require registration. By participating in a Promotion, you are agreeing to the terms, conditions, or official rules that govern that Promotion, which may contain specific requirements of you, including (except where prohibited by law) allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules.
- Fulfillment of Transactions and Providing Services: You may elect to purchase products or services from or through Tom Hess Music Corporation and/or the Sites. When you do so, you authorize us to use the information we collect about you as reasonably necessary to carry out the purpose of the transaction. We do not allow transactions from any user under the age of 18. If you are under the age of 18, please visit the Sites with your parent or guardian so that they may make any transactions you and they may desire.
Information That You Share Publicly
- We may use and publish your name, voice or likeness, or other personal information that is part (or the whole) of your UGC for marketing, promotional activities, publicity, and advertising purposes.
Third Party Content and Links
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Protection of Your Personal Information: The Tom Hess Music Corporation employs reasonable efforts to protect the personal information that you share when you contact the Sites or mobile applications. We currently employ SSL/Message-Digest Algorithm security and hashed (encrypted) formats. We may also allow access to your personal data onlt to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential. However, note that it is not possible to secure all transmissions made over the internet or through other content/information sharing devices. WE DO NOT WARRANT OR REPRESENT THAT WE CAN GUARANTY THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO US WHEN YOU USE COMPANY WEBSITES AND MOBILE APPLICATIONS. YOU PROVIDE SUCH PERSONAL INFORMATION AT YOUR OWN RISK. In the event of a data or security breach that may compromise your personal information, the Tom Hess Music Corporation will make commercially reasonable efforts to notify you and/or the requisite governmental or other regulatory agency promptly and as required by law.
- Children under the Age of 13: The Sites and mobile applications are intended for the general audience over the age of 18. We do not knowingly collect personal information from children under the age of 13. If we learn that we have collected the personal information of a child under the age of 13 we will take steps to delete the information as soon as possible.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for, we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
- In some circumstances, we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Communications/Your Ability to Review your personal information and Request Changes
To change the types of communication that you receive from the Tom Hess Music Corporation or how you receive such communications, simply cancel or modify your communication preferences by following the instructions in the e-mail or communication that you received or by logging into your account with any of the Sites or mobile applications and changing your communication preferences.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the the appropriate government organization. We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
If you are Outside of the United States
The Sites and mobile applications are located in the United States. If you are located outside of the United States, please be aware that the information we collect will be transferred, stored, and processed in the United States. When you contact The Sites and mobile applications, you are automatically consenting to our standard practice of processing, storing, and transferring your personal information within the United States. Note that data protection and privacy laws are different in every country. You are responsible for learning the data protection and online privacy laws of your own country.