TheQoos Privacy Policy

Effective date: August 12th , 2019 We at TheQoos Inc. (“TheQoos,” “we,” “us,” “our”) know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy.

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined herein. If you have any questions about this Privacy Policy or whether any of the following applies to you, please contact us at feedback@theqoos.com. Remember that your use of TheQoos’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we also share some Personal Information with third parties, but only as described below. As noted in the Terms of Use, we do not knowingly collect or solicit Personal Information from anyone under the age of 13 (or 16 in the European Union). If you are under 13 (or 16 in the European Union), please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13 (or 16 in the European Union), we will delete that information as quickly as possible. If you believe that a child under 13 (or 16 in the European Union) may have provided us Personal Information, please contact us at feedback@theqoos.com.

Will TheQoos ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice through the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

What Information does TheQoos Collect?

Information You Provide to Us

We receive and store any information you knowingly provide to us. For example, through the account registration process and/or through your use of the Services, we may collect Personal Information, including without limitation, the following: - Email address - First and last name - Username and password - City of residence - Birthday - Third party account credentials (for example, your log-in credentials for Facebook, Twitter, Google or other third party sites), if you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service - User Submissions and other information you directly upload to the Services, i.e. in your profile information, content preferences, surveys, or comments sections, which can include Personal Information if you include Personal Information in such content Certain information may be required to register with us or to take advantage of some of our features. We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our Services. If you do not want to receive emails from us, please indicate your preference by emailing us at feedback@theqoos.com, Additionally, we may send push notifications to your device even when you are not logged into your account on the Services, to send you notifications related to new artists, featured content, special events for specific artists, and posts by users you elect to follow. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the App or in the device settings of your mobile device. If you choose not to receive push notifications, then you will still receive notifications while using the Services.

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, using cookies and similar tracking technologies such as pixel tags or web beacons (for the purposes of this Privacy Policy, we refer to these technologies individually and collectively as "Cookies"), which include the following: - IP address - Device identifiers - Web browser information - Page view statistics, including referring and exit pages - Usage information - General location information, based on IP address (for the purposes of this Privacy Policy, we refer to these categories of information individually and collectively as “Cookie Info”) “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Our advertising partners may also transmit Cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. Additionally, our analytics service providers may set and access Cookies on your computer or other device when you interact with our Services, and use them to collect certain Cookie Info. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt out of Google's use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

Information Collected From Other Websites and Do Not Track Policy

Through Cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Information Collected from Third Parties

We collect Personal Information about you when third parties, such as our business partners or service providers, provide us with Personal Information about you. - For example, if you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service. - Additionally, we receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.

How does TheQoos use Personal Information?

We use Personal Information to operate, improve, understand and personalize our Services. For example, we use Personal Information to: - Create and manage user profiles and content. - Communicate with you about the Services. - Contact you about Service announcements or updates. - Provide support and assistance for the Services. - Personalize and calibrate content and communications based on your preferences. For example, we may use your Cookie Info to customize content for you that we think you might like, based on your usage patterns. - Improve the Services generally. For example, we may use Cookie Info to determine how often users use a particular feature of the Services, and then use that knowledge to make the Services interesting to as many users as possible. - Meet contract or legal obligations. - Respond to user inquiries. - Comply with our legal or contractual obligations. - Resolve disputes. - Protect against or deter fraudulent, illegal or harmful actions. - Enforce our Terms of Use. In this Privacy Policy, we use the term “processing” as it is defined in the GDPR, which generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will only process your Personal Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity:

We process the following categories of Personal Information as a matter of “contractual necessity,” meaning that we need to process the data to perform under this Privacy Policy with you and the Terms, as well as any other agreements with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Information will result in your inability to use some or all portions of the Services that require such data. - Your email address - Your user name and password - Your first and last name - Your third party account credentials, if you use them to log into the Services

Legitimate Interest:

We process the following categories of Personal Information when we believe it furthers the legitimate interest of us or third parties. - Your IP address and other Cookie Info - Your User Submissions Examples of these legitimate interests include: - Operation and improvement of our business, products, Services, and Content - Marketing our products and Services, as well as those of our third party business partners that we think may be of interest to you - Provision of customer support - Protection from fraud or security threats - Compliance with our legal obligations - Completion of corporate transactions

Consent:

In some cases, we process Personal Information based on the consent you expressly grant to us at the time we collect such data. When we process Personal Information based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds:

From time to time we may also need to process Personal Information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Will TheQoos Share Any of the Personal Information it Receives?

We may share your Personal Information with third parties as described in this section:

Information that’s been de-identified.

We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services and access Content on the Services, so that they, too, can provide you with an optimal online experience and/or information regarding products or services that may be relevant to you.

Advertisers:

We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach. We may deliver a Cookie to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses:

In certain situations, businesses or third party websites with which we’re affiliated may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Service Providers:

We employ other companies and people, such as vendors and third party service providers, who work on our behalf and provide us with services related to the purposes described in this Privacy Policy. These parties include: - Email service providers - Fraud prevention service providers - Analytics service providers - Staff augmentation and contract personnel - Hosting service providers - Co-location service providers - Telecommunications service providers Unless we tell you differently, our service providers do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Submissions:

Certain user profile information, including your name, location, and any content that you have uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third party site or service.

Business Transfers:

We may choose to buy or sell assets, and may share and/or transfer user information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party, and we would share Personal Information with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Protection of TheQoos and Others:

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to: - Comply with applicable law, court order, or respond to valid legal process, including from law enforcement or other government agencies; - Enforce or apply our Terms of Use and other agreements; - Prevent spam or other unwanted communications; - Investigate or protect against fraud; - Maintain the security of our products and Services; - Protect the rights, property, or safety of TheQoos , our employees, our users, or others.

Consent:

We also share information with third parties when you give us consent to do so.

Affiliates:

we share Personal Information with our affiliates or other members of our corporate family.

Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We seek to protect Personal Information using appropriate technical and organizational measures based on the type of Personal Information and applicable processing activity. Our information is stored on secure servers in the United States. Our security measures vary based on the sensitivity of the Personal Information we collect, process and store and the current state of technology. We also take measures to ensure subprocessors that process Personal Information on our behalf also have appropriate security controls in place. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access[, and, in some cases, edit or delete] the following information you’ve provided to us: - First and last name - Username and password - Email address The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at feedback@theqoos.com. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at feedback@theqoos.com.

What Rights Do You Have Regarding Your Personal Information?

If you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you have certain rights with respect to your Personal Information, including those set forth below. For more information about these rights, or to submit a request, please email feedback@theqoos.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Information, if necessary to verify your identity and the nature of your request.

Opt not to Disclose:

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

Access:

You can request more information about the Personal Information we hold about you and request a copy of such Personal Information.

Rectification:

If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. When you update information, however, we may maintain a copy of the unrevised information in our records.

Erasure:

You can request that we erase some or all of your Personal Information from our systems.

Withdrawal of Consent:

If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability:

You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection:

You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes.

Restriction of Processing:

You can ask us to restrict further processing of your Personal Information.

Right to File Complaint:

You have the right to lodge a complaint about TheQoos’s practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

How Long Do We Retain Your Personal Information?

We retain Personal Information about you for as long as you have an open account with us. In some cases we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Do we transfer EU Users’ Personal Information Outside the EU?

The Services are hosted and operated in the United States (“U.S.”) through TheQoos and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to TheQoos in the U.S. and will be hosted on U.S. servers, and you authorize TheQoos to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.

What if I have questions about this policy?

If you have any questions or concerns regarding this Privacy Policy, please send us a detailed message using the following information, and we will try to resolve your concerns. Name: Ted Han Physical address: 555 Madison Avenue, 5th Floor, New York, NY 10022 Email address for contact: feedback@theqoos.com