Privacy policy.
PRIVACY POLICY
Please read the following privacy policy (the “Privacy Policy”) carefully before using the website www.phonkpoint.com and any affiliated sites (individually and collectively, the “Site”) to learn about how Individual Entrepreneur Navkunov Dmitry Olimzhonovich (“Phonk Point” “we,” “our” or “us”) collects and uses your personal information.
By accessing the Site and/or the services offered by Phonk Point via the Site (the “Services”), you agree and consent to the terms and practices referred in this Privacy Policy, as amended from time to time, and you hereby grant to us your prior and informed consent for the use and treatment of your information as described herein. If you do not agree to this Privacy Policy in its entirety, please do not access or use the Site or Services. Should you have any questions about the Privacy Policy, please contact info@phonkpoint.com. Where required by law, Individual Entrepreneur Navkunov Dmitry Olimzhonovich shall be deemed the data controller or the person responsible for and in charge of the treatment or use of the Information.
Information collected
We collect your personal and non-personal information (the “Information”) in two ways: (i) Information that you provide; and (ii) Information that is automatically collected. Your provision of personal information is completely voluntary. We do not collect personal information unless you submit that information to us.
Categories of personal information we may collect include:
o Identity Data, which includes name or other similar identifies.
o Contact Data, which includes address, email address, and telephone numbers.
We may also collect certain other types of information that, along with identity and contact data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
o Financial Data, which includes credit card, debit card, bank account, or other payment details.
o Transaction Data, which includes details about payments to and from you.
o Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information;
o Profile Data, which includes your username and password, your album and release information, accounting statements and other reports, and preferences.
o Usage Data, which includes information on how you use the Site and any third party sites linked to from the Site.
o Social Media Data, which includes information from the social platforms where the user is registered and via which platform the user logs into our website.
o Marketing and Communications Data, which includes your preferences in receiving marketing from us.
IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAINS TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
We can collect additional information on you from other sources, such as:
o Social networks and digital platforms: In these cases, we may collect information related to your identity and the number of followers you have on certain social networks and digital platforms. This information may be used to confirm that you behave according to the practices and policies from social networks and to access other data published by you in order to verify the veracity of the information provided in this site, as well as to provide the services subject to this Site.
o Information you provide
To register for an account on the Site and use some of the Services, you may need to provide us with certain Information, such as your full name, age, e-mail address, mailing address, telephone number, credit card or other payment method information, billing information, URL, titles of songs and albums, artist name(s), credits and other similar information and metadata relating to songs and sound recordings, analytics, and biographical information. Providing us with such Information is a decision that you make in a free, voluntary and independent manner.
o Information automatically collected
We may automatically receive, collect and record information such as (i) actions and searches you perform while interacting with the Site or using the Services; (ii) Internet Protocol addresses; (iii) operating systems; (iv) the time, frequency and duration of the actions, visits and uses of the Site and Services; and (v) analytics thereof. Some of the ways in which we or the Site may collect are further described below:
o Cookies and Other Technologies: The Site may use cookies, a type of technology that installs a small data file on a website user’s computer or other device to permit a website to, for example, recognize future visits from that computer or device. Cookies allow the Site to recognize you and tailor the Site and Services to your tracked preferences. You may limit or delete the cookies enabled by us by modifying the settings of your browser, and you may set your browser to inform you when cookies are enabled.
o Internet-Based Advertising: We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit the Site or other websites. Cookies, described above, may be used in this process.
o Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Site. The Site may collect and use clickstream data as a form of aggregate information to anonymously determine how much time users spend on each page of the Site, how users navigate through the Site and how we may tailor the Site to better meet the needs of users. The information often will be used to improve the Site and Services. The collection or use of clickstream data will be anonymous and aggregated and will not intentionally contain any personal information.
o Location Data: The Site may location information, including as provided by a mobile or other device interacting with the Site (including through beacon technologies) or associated with your IP address, where we are permitted by law to process this information.
Use of the Information
Subject to the section titled “Additional EU Disclosures,” we use information held about you to perform the Services and for other purposes outlined below. Specifically, we use your information for a variety of purposes (the “use” or “treatment”), including:
o To identify you when you use the Site and Services;
o To provide, operate, improve and optimize the operation of the Site and Services;
o To customize the Site and Services;
o To perform under the contract we are about to enter into or have entered into with you;
o To communicate with you, send you emails, technical messages, marketing campaigns messages, security alerts, updates. terms and conditions and policies updates, and notices;
o To provide technical support; and
o To comply with a legal or regulatory obligation.
Subject to the section titled “Additional EU Disclosures,” we may also use your Information by sharing or disclosing all or part of it with certain third parties:
o If it is necessary to provide, operate, improve or optimize the operation of the Site or Services;
o If it is required by the applicable law and regulations or requested by an authority such as a court, the government or law enforcement officials;
o In order to investigate suspected fraud or other violations of any law, rule, regulation, or the policies of the Site.
o If you are involved, directly or indirectly, in a Copyright Claim or Dispute (as this are defined and treated in the Terms and Conditions of the Site)
o As required to our affiliated companies, assignees, officers, employees, contractors, partners, shareholders or licensees; or
o In connection with a merger, acquisition, or corporate restructuring of Phonk Point.
Third-Party Links and Social Networking Services
The Site may include links to third-party websites, plug-ins, and applications, including but not limited to Google Services. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. For your information, Google’s Privacy Policy can be accessed at https://policies.google.com/privacy?hl=en-US, as well as Google’s security settings page at https://security.google.com/settings/security/permissions, but we encourage you to search and read the privacy policy of every website you visit. The Site may integrate with various social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with the Site, we are doing so merely as an accommodation and, like you, are relying on those third party services to operate properly and fairly. You should be aware that Information which you voluntarily include and transmit online in a publicly accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your Information, and by using such services, you assume the risk that the Information provided by you may be viewed and used by third parties. We can also share the Information to the following third parties:
(i) auditors; and public authorities as required by law, such as to comply with subpoenas or similar legal processes and obligations;
(ii) When the user is an artist, label, writer or other rightsholder, we can share the Information to rights management entities for the registration and administration of your rights, financial entities to carry out financial transactions, and third-party owners of channels and digital platforms (including social networks) to carry out all acts of use and exploitation offered by said third parties, as well as the users of the mentioned channels and platforms, as main receptors of the data contained in the images, interpretations, executions, audios and videos; and
(iii) When a claim related to Copyright or any type of Intelectual Property Rights is brought to us and you are, directly or indirectly, related to it. In this case, we can decide, in our sole discretion, to share your contact information with claimant, who can reach you and notify you about your possible infringement to his rights, and jointly find a solution to the origin of the dispute.
Access, Update and correction of the Information
You agree to immediately request us to update or correct the Information as soon as you notice that the Information provided by you or automatically collected is inaccurate or needs to be updated, rectified or deleted. You are responsible for any inaccurate or not updated Information. You are responsible for any inaccurate or outdated information. You may, at any time, request, regarding to your data:
(i) confirmation of its processing by Phonk Point;
(ii) access to your data;
(iii) correction;
(iv) anonymization, blocking or deletion of unnecessary or processed data in non-compliance with the local laws of your country or region;
(v) data portability to another provider. By requesting any such action, you are aware and agree that: (a) we may retain some of this data that will be properly protected, solely and exclusively necessary for our internal use, for accounting or compliance with laws and; (b) the Service or Agreement you hold with us may be unfeasible, depending on the level of deletion, anonymization, blocking, or portability of data you intend. If the contract is terminated for this reason (item “b”), the relevant contractual dispositions that regulate your relation with us may apply. To make any of the requests above, please send an email to info@phonkpoint.com. All notices sent to this email will be deemed received 24 hours after the email was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement. Additionally, As a user of the Site, you not only have the right of access, rectification, deletion, opposition, limitation of treatment, portability, but also, where applicable, the withdrawal of consent granted in relation to the treatments indicated in this policy based on consent (without affecting the legality of the treatment based on the consent prior to its withdrawal). On the other hand, we won’t take any decisions regarding to the treatement of your information, based on the sole and automated possession of your data. You may access your personal data (or to exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Data Security
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data Retention
We will only retain your information 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. To determine the appropriate retention period for your Information, we consider the amount, nature, and sensitive of the Information, the purpose for which we process your Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see Request erasure below for further information). In some circumstances we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
Unsubscribing Choice
You may choose to opt-out or unsubscribe from emails from us with updates, newsletters, marketing campaigns and other communications, you may choose to unsubscribe from such by following the instructions contained in such emails or by sending a request to info@phonkpoint.com. You may not unsubscribe from emails regarding your account with us, transactions on the Site or in connection with the Services, changes to this Privacy Policy, contracts between us and you, or similar correspondence. You may revoke the authorization granted herein on a prospective basis by sending an email to info@phonkpoint.com and ceasing all use and access of the Site and/or Services; however, we may continue to use Information received prior to such revocation or as needed for our legitimate business purposes, to perform under any contract between us and you, or for any other lawful purpose. If you resume or continue to access the Site and/or Services, your authorization will be reinstated and such access or use will be deemed your consent.
Children’s Information
The Site and Services are not intended for children under the age of 13. If we become aware that a minor has provided his/her Information, we will have the right to remove or delete such information and to make our best efforts in limiting the access of the minor to the Site and Services. If the minor’s parents become aware that their child is accessing the Site, using the Services and/or providing us with his/her Information, they shall immediately contact us at info@phonkpoint.com. Also, as a user of the site, you guarantee that you’re either 18 or under your legal representative’s authorization and consent to access to any of the services hereof offered.
Updates to this Privacy Policy
We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. However, if at any time in the future we plan to use your information that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review the Site for the latest information on our privacy practices. You are bound by any changes to the Privacy Policy when you use the Site and/or Services after such changes have been first posted.
Contact Us Individual Entrepreneur Navkunov Dmitry Olimzhonovich, ul. Rabochaya, d. 50, kv. 1, g. Samara, Russian Federation, info@phonkpoint.com.