This Privacy Policy ("Policy") applies to the user (hereinafter referred to as “You” or “User”), and Make Music Count, Inc. ("Company") and governs the data collection and usage within the Make Music Count application (the “Application”), which such Application shall be used for educational purposes. By agreeing the Policy, you consent to the data practices as set forth herein.
Collection of Your Personal Information
Company may collect personally identifiable information, such as User’s name, mailing address, email address, phone number (individually and collectively referred to as “PII”) for purposes of registration and utilization of the Application. Company collects billing information for paid subscribers (“Subscribers”), which such information shall be used solely for billing purposes in accordance with the Application’s payment terms. To maximize the User experience Company may also collect anonymous demographic information, which is not unique to you, such as your age. Company will not collect any PII unless provided voluntarily to Company by User. However, you may be required to provide certain PII upon election to use certain features within the Application, including but not limited to account registration, Application support inquiries, in-app messaging, credit card processing and other purchases, among other features. To wit, we may use your information for, but not limited to, communicating with you in relation to any inquiries, services and/or products you have requested from us. These terms may be subject to change.
Use of your Personal Information
Company may collect and use your personal information to: (i) operate and deliver the services you have requested; (ii) to provide you with information related to Company’s products and services or products, or services that you request from Company; (iii) to provide you with notices regarding User account status; (iv) to carry out the Company's obligations and enforce our rights arising from any contracts entered into between you and us (including but not limited to billing and collection); (v)to notify you about changes to Company’s Terms and Conditions or billing policies; (vi) to notify User of any products or services which Company and/or its affiliates may offer now or in the future; (vii) for security purposes and/ or in the event of use which Company believes in its reasonable judgement may violate its Terms and Conditions; (viii) to comply with any applicable laws, regulations, or treatise; (ix to conduct research regarding user activity and for third-party partners, affiliates, and/or designees; (x) in any other manner which is reasonably necessary in Company’s reasonable business judgement; and (xi) for any other purpose with User consent
Sharing Information with Third Parties
Company may share data with third party affiliates and/or designees to perform statistical analysis and/or to improve User app experience, provided that all such third parties are subject to maintaining confidentiality of all User PII and are prohibited from using PII in a manner which is not reasonably necessary to render the applicable service. Company does not collect nor does Company sell biometric data.
Company may disclose User PII, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with legal process served on the Company or the Application; ii) protect and defend the rights or property of Company; and/or (iii) act under exigent circumstances to protect the personal safety of Users of the Company, or the public.
Opt-Out of Personal Information to Third Parties
In connection with any PII Company may share with a third party affiliate (as expressly permitted herein) and solely for business purposes, you have the right to know:
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt out of sharing of User PII. If you exercise your right to opt out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. You may opt out of the disclosure of your personal information info@makemusiccount.com.
Right to Deletion
Except as expressly limited herein, on receipt of a verifiable request from you, we shall: (i) delete your User PII from Company records; and (ii) direct any third party affiliates to delete your User PII from its records.
It may be necessary for Company to retain User PII under the following circumstance: (i) when retention of User PII is necessary for the processing of transactions for which the personal information was collected, either prior to or subsequent to the request for deletion; (ii) to fulfill the terms of a written warranty or product recall conducted in accordance with Federal law; (iii) to provide service requested by you, or reasonably anticipated within the scope of User’s and Company’s ongoing business relationship; (iv) to otherwise perform Company’s duties under the agreement between you and us; (v) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity within the Application (or to prosecute any such activity); (vi) to debug and/or to identify and repair errors that impair existing intended functionality; (vii) to comply with the California Electronic Communications Privacy Act; (viii) to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; (ix) to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; (x) to comply with an existing legal obligation; or (xi) to otherwise, use your personal information internally in a lawful manner (only as necessary) that is compatible with the context in which you provided the information.
Data Security and Breach Notification
Company shall maintain reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, acquisition, disclosure, or use. In the event of a breach of Company’s security measures which involves User PII, Company will promptly investigate any such incident of breach and provide written notice to affected Users (or other affected parties) and, where required, to applicable regulatory authorities in accordance with applicable law. Company shall provide any required written notice in the manner and form and within the timeframes as prescribed by any applicable law(s).
Changes to This Statement
Company’s Terms and Conditions are subject to change. Company will notify Users of any material changes to the Terms and Conditions in writing. Notices to you may be sent via email to the primary email address specified in your account, by placing a prominent notice on Company’s Application, and/or by updating any privacy information. Notices sent via email will be deemed given upon Company’s dispatch thereof. Your continued use of the Application and/or services available after such modifications will constitute your acknowledgment of the modification of the Terms and Conditions, and your agreement to abide and be bound by this modified Policy.
Contact Information
Company may be contacted regarding this Privacy Policy and the Terms and Conditions in writing. If you believe that Company has not adhered to this Policy, please contact Company at:
Make Music Count, Inc.
PO Box 42068
Atlanta GA 30311
Effective as of January 1, 2025