We at Tonara Inc. (and its parent company Tonara Ltd.) ("Tonara" "us", "we", or "our") recognize and respect the importance of maintaining the privacy of our customers. This Privacy Notice describes the types of information we collect from you when you visit our website www.tonara.com and any other website that we operate (each, together with its sub-domains, content and services, a “Site”), including Tonara Connect and Tonara Studio (collectively, "Tonara Applications")  available to you through our Sites and our mobile application (collectively the "Platform"), and/or use our services ("Services"). This Privacy Notice also explains how we collect, process, transfer, store and disclose the information collected. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at https://tonara.com/terms/ ("Terms"). "You" means any user of the Platform and/or Services, as a music student ("Student") or music teacher ("Teacher") on Tonara Connect.

"Personal Data" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law.

Personal Data We Collect

We collect information from you when you choose to use our Tonara Applications and/or Platform and/or Services. In order to use our Tonara Applications and/or Platform and/or receive related Services and/or make a purchase through the Tonara Applications and/or Platform, you will be required to create an account and provide us with certain Personal Data.

If you are a Student you will be asked to provide us with Personal Data, such as your name, email address, musical instrument(s) you play and payment information.

If you are a Teacher you will be asked to provide us with Personal Data, such as your name, email address, musical instrument(s) you teach, your spoken languages and proficiency therein, level of students you teach, your teaching experience, certification(s), credentials and payment information.

We also collect Personal Data when you make use of the Tonara Applications and/or Platform, request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. If you use the Services by logging in through a third-party login service, such as your Facebook or Google account, we may also receive Personal Data about you as provided by such third-party login service. Please check such third-party’s policies in order to understand what information we receive. Examples of the Personal Data that we collect from you when you engage in any of the activities detailed above, may include your name, address, phone number, e-mail address, address of your website or social media page, and the last four (4) digits of your credit card number. we also collect any materials including images and/or pictures and/or photos and/or videos and/or sound files and/or documents you may upload to the Tonara Applications. Such Personal Data may be collected by us through the Tonara Applications and/or Platform.

In addition, when you use the Tonara Applications and/or Platform, certain information may be automatically gathered about your computer or mobile device, including non-Personal Data, such as your operating system, date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us, and Personal Data such as your IP address, device ID, Internet Service Provider (ISP), demographic information and subject to your consent as may be required under applicable law, (geo) location, and any information regarding your viewing and purchase history on our Platform.

It is your voluntary decision whether to provide us with any such Personal Data, but if you refuse to provide such information we may not be able to register you to the Tonara Applications and/or Platform and/or provide you with the Services.

How We Use Your Personal Data

General

We and any of our trusted third-party subcontractors and service providers use the Personal Data we collect from and about you for any of the following purposes: (1) to provide you with the Tonara Applications and/or Platform and/or Services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to develop new products or services and conduct analyses to improve our current content, products, and Services; (4) to contact you with informational newsletters and promotional materials relating to our Tonara Applications and Services; (6) to review the usage and operations of our Tonara Applications and/or Platform and Services; (7) to use your data in an aggregated, non-specific format for analytical purposes (as detailed below); (8) to prevent fraud, protect the security of our Tonara Applications, Platform and Services, and address any problems with the Tonara Applications, Platform and/or Services; and (9) to provide customer support.

Statistical Information and Analytics

We and/or our service providers use analytics tools, including "Google Analytics" to collect and analyze information about the use of the Tonara Applications and/or Platform and/or Services, such as how often users visit the Platform, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the Platform. By analyzing the information we receive, we may compile statistical information across a variety of platforms and users, which helps us improve our Tonara Applications, Platform and Services, understand trends and customer needs and consider new products and services, and tailor existing products and services to customer desires. You can find more information about how Google collects information and how you can control such use at https://policies.google.com/technologies/partner-sites.

We also use a tool called “Firebase” to the collect data about usage of the Tonara Applications, Platform and/or Services, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS) and similar technologies. We use the information we get from Firebase to maintain and improve our Tonara Applications, Platform and Services. We do not facilitate the merging of Personal Data with non-Personal Data unless we have robust notice of, and your prior affirmative consent to, such merger. In addition, we bring to your attention that Tonara has implemented the following feature: Firebase Performance Monitoring. Please note that Firebase’s terms (available at https://firebase.google.com/terms/) shall also apply.

We use a tool called “AppsFlyer”, a mobile attribution & marketing analytics platform, to understand the use of our Service. AppsFlyer is exposed to the following data: (i) unique identifiers and technical data, such as IP address, user agent, IDFA (Identifier For Advertisers) or Android ID (in Android devices); (ii) technical data regarding your operating system, device attributes and settings, applications, advertising opt-out signals, Google Advertiser ID, in-app events, device motion parameters and carrier. The use of this data allows us to analyze our campaigns and performance, as well as your habits and characteristics. For example, the data AppsFlyer receives includes downloads, impressions, clicks and installations of their mobile applications, mobile device use and data regarding in-app events. AppsFlyer’s terms of use (available at https://www.appsflyer.com/terms-of-use/) and privacy policy (available at https://www.appsflyer.com/privacy-policy/) also apply to the use of AppsFlyer.

Legal Uses

We may use your Personal Data as required or permitted by any applicable law for example, to comply with audit and other legal requirements.

Sharing the Personal Data We Collect

We share your information, including Personal Data, as follows:

Sharing Recordings and other Media

The Platform offers a feature that allows users to record their musical performances, which may include voice performances (such recordings, “Recordings”), or to create other content, including text, photos and videos. You may then access and share the Recordings and other material from within the Platform to your existing social media accounts or to popular email programs (such as Gmail). If you include Personal Information in such message, the Personal Information will be delivered to the recipient of the email.

Business Partners, Service Providers, Affiliates, and Subcontractors

We disclose information, including non-confidential relevant Personal Data we collect from and/or about you, to other relevant Teachers and/or Students, as applicable on the Tonara Applications, and to our trusted service providers, business partners, affiliates, subcontractors, who use such information to: (1) help us provide you with the Tonara Applications and/or Platform and/or Services; (2) aid in their understanding of how users are using our Tonara Applications and/or Platform and/or Services.

We may use subcontractors and service providers who are located in countries other than your own and may send them information we receive (including Personal Data). All of our subcontractors and service providers will be subject to non-disclosure and non-use obligations.

Business Transfers

We may transfer our databases containing your Personal Data if we sell our business or part of it, including in cases of liquidation. Information about our users, including Personal Data, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition and shall continue being subject to the provisions of this Privacy Notice.

Law Enforcement Related Disclosure

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation.

Other Uses or Transfer of Your Information

We allow you to use our Tonara Applications, Platform and Services in connection with third-party services, sites, and/or mobile applications. If you use our Tonara Applications, Platform and/or Services with or through such third-parties, we may receive information (including Personal Data) about you from those third parties.

Your Rights

Subject to applicable law, you may request to see any Personal Data you have provided to us and request to access such Personal Data, to request a copy of such Personal Data, and that such Personal Data be corrected or deleted by emailing us at [email protected].

Security

We make efforts to follow generally accepted industry standards to protect the Personal Data submitted to and collected by us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

California Privacy Rights

California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.

Our California “Do Not Track Notice”

We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Platform and/or Services.

Deletion of Content from California Residents.

If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted.  If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

Data Retention

We retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth above. Notwithstanding the foregoing, your usage data and Personal Data will be deleted from our systems within 12 months after your account is terminated.

Cookies and Similar Technologies

We use cookies and similar technologies to help personalize your experience. Third parties through which we provide the Services and/or our business partners may be placing and reading cookies on your browsers, or using web beacons to collect information in the course of advertising being served on different websites. When registering to use our Tonara Applications or Platform, you shall be asked to accept the terms of this Privacy Notice, including the use of and placement of cookies and other similar technologies on your device as specified herein.

What are Cookies?

A cookie is a small piece of text that is sent to a user's browser or device. The browser provides this piece of text to the device of the originating user when this visitor returns.

• - A "session cookie" is temporary and will remain on your device until you leave the Platform.
• - A "persistent" cookie may be used to help save your settings and customizations across visits. It will remain on your device for much longer or until you delete it.
• - First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies.
• - Information may also be collected through web beacons, which are small graphic images ("pixel tags"), which usually work together with cookies in order to identify users and user behavior. These may be shared with third parties.

We may use the terms "cookies" to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above.

How We Use Cookies

We use cookies and similar technologies for a number of reasons, for example, in order to (i) provide you with the Tonara Applications, Platform and Services, and (ii) help personalize your experience by helping save your settings and customizations across visits.

The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

How to Adjust Your Preferences

Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that the Services or some features of the Services may function improperly or be unavailable when cookies are disabled or removed.

Third-Party Applications and Services

All use of third-party applications or services is at your own risk and subject to such third party's privacy policies.

The Platform includes the option to purchase certain products or services from us (such as premium packages) or other users on the Platform, such as Teachers (such as lessons, ongoing support, etc.). We use the tools, software and/or services of third-party service providers to process transactions on our behalf, in which case you acknowledge that the terms of use and privacy policy of said third-party service provider will also apply. Tonara currently enables payments with Stripe (see https://stripe.com/) and PayPal (see https://www.paypal.com/) and, therefore, Stripe’s privacy policy (available at https://stripe.com/us/privacy) and PayPal’s privacy policy (https://www.paypal.com/va/webapps/mpp/ua/privacy-full) also applies to the data collected and processed in such context.

Communications

We may send you e-mail or other messages and/or a newsletter about us or our Services. You will be given the opportunity to unsubscribe from marketing messages and stop receiving future communication from us by following the UNSUBSCRIBE link or instructions in any such email or message. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications you may cancel your account.

Children

The Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years, unless we receive affirmative authorization from the child's parent or guardian. If we learn that we have collected Personal Information from a child under 13 years, without parental consent, we reserve the right to delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected].

Changes to the Privacy Notice  

When register to our Tonara Applications or Platform, you shall be asked to accept the terms of this Privacy Notice. If you do not agree with the terms hereof, please do not use the Tonara Applications or Platform. We may update this Privacy Notice from time to time. Each update shall be effective 10 days after it is published. We encourage you to review the Privacy Notice periodically. By continuing to access or use the Tonara Applications and/or Platform and/or Services after those changes become effective, you agree to be bound by the revised privacy notice. We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version.

Comments and Questions

If you have any comments or questions about this privacy notice, please contact us at [email protected].

Last updated: September 15, 2020