Terms and conditions

TERMS AND CONDITIONS OF USE Tone Net

Provided that the User strictly complies with these Terms and Conditions, for the duration of the user's use of the Platform, IK MULTIMEDIA grants the User a limited, personal, non- exclusive, revocable, non-assignable and non-transferable licence to use Tone Net (hereinafter also referred to as the Platform) and the User Content (as defined below) for the following activities:

User content

Licensed rights

Declarations and guarantees

Responsibility for content

Reporting violations

Blocking and removal of content

Limitation of liability

Damage compensation

Transfer to third parties

Applicable law and competent court

Privacy policy

INFORMATION PURSUANT TO ART. 13 AND FOLLOWING ARTICLES OF EU REGULATION 679/2016

This Privacy Notice pursuant to art. 13 of the General Data Protection Regulation no. 679/2016 explains how your data is collected, stored, used, communicated and processed when you register on the site www.ikmultimedia.com and when you use Tone Net® Content Sharing Service, owned by IK Multimedia Production s.r.l. (hereinafter collectively referred to as the "Sites"), our applications for fixed and mobile devices (hereinafter "App") and all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by IK Multimedia Production and Tone Net® (the "Services").

Data controller: IK Multimedia Production Srl with registered office in Modena via Dell'Industria 46, 41122, Tax Code/VAT no.: IT02359550361, TEL+39 059/285496,

Contacts: If you have any questions regarding this document or the processing of your personal data by IK Multimedia Production Srl, you can:

• send an email request to: privacy.ik@ikmultimedia.com
• visit www.ikmultimedia.com/policies/privacy-policy

This Privacy Notice applies exclusively to the Site, Apps and Services (hereinafter collectively referred to as the "Platform"). By using the Platform, you will be able to find links to other websites, apps and services as well as tools that allow you to share data with other websites, apps and services (e.g. Youtube, Soundcloud). IK Multimedia Production is not responsible for the way these websites, apps and services handle personal data; therefore, we recommend that you carefully read the privacy policies of each of these websites, apps or services before connecting to them through the Platform or sharing personal data.

 

Data Controller

Any reference in this Privacy Notice to "Tone Net®", or "we" shall be construed as referring to IK Multimedia Productions s.r.l. with registered office in Via dell'industria, 46 41122 Modena, Italy, as the controller of your data pursuant to this Privacy Notice.

 

Principles applicable to the processing of personal data

IK Multimedia is committed to putting the interests of its users first and believes that users should be aware of what information we collect, why we collect it, and how we use and share it. For this reason, we have designed this Privacy Notice to provide you with simple and clear information about our privacy practices and the protection of your personal data. We also believe that you should have significant decision-making power over how we collect, use and share your information, as defined in this Privacy Notice and in your Account Settings. We encourage you to take full advantage of these tools. The personal data provided by you or acquired in the course of our activities will be processed in accordance with the principles of: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy of data; conservation limitation; integrity and confidentiality.

 

Data source

The personal data we collect is intended to allow you to use the Platform and its functions. Specifically, the data collected may fall into one of the following categories: - Necessary information provided by you - information automatically collected by Tone Net® - Information obtained from third parties - Optional information and other data provided by the user When you use the Platform, www.Ikmultimedia.com and Tone Net® request and collect the personal information set out below. This information is necessary for the proper performance of the contract between us and you and to ensure full compliance with our legal obligations set out below. We also process this data on the basis of our legitimate interest in improving the Platform and providing you with the best experience. Without the processing of this data, we may not be able to provide you with all the services and features of the Platform. To visit or use Tone Net®, you must register with an IK Multimedia account and by doing so, you will provide us with certain information:

 

Related information and purposes for IK Multimedia account registration

 

CUSTOMER MANAGEMENT
Your personal data will be processed in order to manage: Statutory tax and accounting requirements Managing payment transactions Contract management Customer billing history

Type of data collected: Name, e-mail address, physical address (if provided), telephone or fax number (if provided), tax code (if provided), VAT number (if provided), IP address, geographical connection data and language.

Legal basis: Performance of the contract. The processing of data by IK Multimedia Production Srl is necessary for the completion of a contract to which the user is a party. Legal obligation. The data processing is necessary in order to comply with legal requirements, e.g. for tax purposes.

Data Retention: The processed data will be stored for a period of time not exceeding the achievement of the purposes for which they are collected and processed for the execution and fulfilment of the contractual purposes; in case of processing due to legal obligations, the data will be stored as provided for by articles 2948 and 2220 of the Civil Code, art. 22 of D.P.R. 29/09/1973 n.600.

 

TECHNICAL SUPPORT
With regard to the technical support activity, your personal data will be processed in order to manage your requests sent via a specific form.

Type of data collected: Name and surname, e-mail (mandatory); telephone number (optional)

Legal basis: Contractual. The processing of data by the IK Multimedia Production Srl is necessary for the completion of a contract to which the user is a party.

Transfer of data outside the European Union: For the above-mentioned purpose, personal data may be transferred to the company IK Multimedia US, LLC with registered office at 590 Sawgrass Corporate Pkwy. - Sunrise, FL 33325 - Telephone: (954) 846-9101 - Fax: (954) 846-9077. The transfer is authorized under specific contractual provisions approved by IK Multimedia Production Srl and IK Multimedia US, LLC. Data retention: The processed data will be stored for a period of time not exceeding the achievement of the purposes for which they are collected and processed for the execution and fulfilment of the contractual purposes.

 

CONTACT FORM
Your personal data will be processed for the purpose of managing requests for information, quotes, or any other type of request sent via a specific form.

Type of data collected: Name, surname, e-mail address and sector of activity.

Legal basis: Pre-contractual negotiation execution. In the event that the processing of data by the IK Multimedia Production Srl is necessary for the completion of a contract to which the user is a party.

Data retention: The processed data will be stored for a period of time not exceeding the achievement of the purposes for which they are collected and processed for the execution and fulfilment of the contractual purposes.

 

NEWSLETTER
Your data will be processed to transmit e-mail messages containing information, also of a sales and promotional nature, relating to the products of IK Multimedia Production Srl, subject to your registration to the newsletter.

Type of data collected: e-mail address, nationality, product preferences

Legal basis: Consent. The provision of data is optional with regard to the above-mentioned purposes and any refusal to process data will not negatively affect the continuation of the contractual relationship.

Data Retention: The processed data will be stored in compliance with the terms prescribed by law for the type of activity or until consent is revoked or the right to object is exercised as provided for in Article 21 EU Reg. 2016/679

 

PROMOTIONAL AND STATISTICAL ACTIVITIES

During your navigation, your personal data will be processed for the following purposes: Propose relevant and non-repetitive advertising (including banners) Detecting interest in products or services provided by IK Multimedia Production Srl

Type of data collected: e-mail address, browsing data

Legal basis: Consent. The provision of data is optional with regard to the above-mentioned purposes, and any refusal to process data will not negatively affect the continuation of the contractual relationship.

Data Retention: The processed data will be stored in compliance with the terms prescribed by law for the type of activity or until consent is revoked or the right to object is exercised as provided for in Article 21 EU Reg. 679/2016

Deactivating cookies: You can change your settings to be informed when a cookie is set or updated, or to block cookies altogether via your browser settings. Please consult your browser's user manual for more information. Please note that by blocking, disabling, or managing all or some cookies, you may not have access to certain features or offers on IK Multimedia Production Srl websites or apps.

 

Data collected by the Tone Net® platform

Account information
In order to upload content created with IK Multimedia apps to the Tone Net® Platform, you will need to use the Ik Multimedia account and you will need to provide a pseudonym (nickname) that will be visible to other users when you publish content on Tone Net®.
To protect your privacy, we recommend that you use a pseudonym that is not your real name and surname.
Regarding profile information - you can decide, at your discretion, whether or not to provide additional information to be shown to other Tone Net® users; this information is not necessary for the operation of Tone Net® and is for example: a profile photo, cover picture or avatar; a short biography of you; your musical preferences; the equipment you use.
Any additional information you choose to make part of your public profile, such as your photo or biography, may be published on your profile page. This information will be accessible and viewable by anyone accessing the Website or other Services.

Information from communications
When you communicate with Tone Net® by email or through the Platform, or if you use the Platform to communicate with other users, we collect information about your communications in addition to any other information you choose to provide to us.

IInformation posted by the user
You may provide some personal data when you upload content to the Platform or post your comments or participate in discussions between Tone Net® users.

Information automatically collected by Tone Net®
We automatically collect certain information when you use the Tone Net® Platform based on the options you select in your Settings or through cookies or web analytics services as further described in our Cookie Policy. Such information generally includes:

Usage information - we collect information about your interaction with the Platform, including audio demos you play, presets you stress with a “Like-comment”, users you follow or stop following, and comments you post;

Log Data - When you use the Platform, we automatically collect all log information, even if you are not registered with an account or logged in. This information includes, among other things, details of your use of the Platform (including links to third party sites or services), your Internet Protocol (IP) address, access times, the type of browser and operating system you use, device information, device event information (e.g. browser type).

Cookies - We use cookies and other similar technologies, such as pixels, local storage and mobile device identifiers. In addition, we may in certain cases authorize our business partners to use such tracking technologies on the Platform or require third parties to track your behaviour on our behalf. For more details on how we use these technologies, please see our Cookie Policy.

Location data - When you use certain features of the Platform, we may collect data about your general location (e.g. IP address). We use this data to provide you with location-based services (such as advertising and personalised content).

The processed data is obtained through direct registration of the user through the channels made available by IK Multimedia Production Srl, such as the website and applications.

 

How your data collected on Tone Net® is used

We use your data for commercial purposes in accordance with the different legal bases for data processing, subject to the choices you make through your Settings. The commercial purposes are set out below.

Providing, improving and developing the Platform

To manage and maintain your IK Multimedia account and allow you to access and use the Platform. Your username and password are used to identify you when you access the Platform. Your device identifiers are used to grant you control over the devices that have access to your profile.

To identify you as the author of the content you upload, comments you post and/or other contributions you make to the Platform.

To provide you with statistics and insights into the activity of other users who interact with your content.

We carry out surveys, research and tests on functions under development, analyze the information we collect to evaluate and improve products and services, develop new functions and carry out review and troubleshooting activities.

Your email address will be used to send you service updates and notifications relating to your account and to respond to any comments or requests you may have.

Your age is used to implement age-appropriate restrictions and maintain a safe and secure environment

We process this information in the light of our legitimate interest in improving the Platform and providing you with a better user experience, as well as, where necessary, to ensure proper performance of our contractual obligations to you (e.g. the Terms of Use).

Detect and prevent fraud, spam, abuse, security incidents or other suspicious activities. Verify and authenticate your identity and prevent unauthorised and/or illegal activities. Extend the protection and safety of products and services.

Conducting security surveys and risk assessments.

Prevent or take action against activities that are, or may be, in breach of the Terms of Use, the Community Rules or applicable law.

Providing customer service and technical support.

To improve your experience with the Platform by providing customized content, tips and features. Customize the content and measure the performance of each email or message we send in the app.

Run competitions, contests, or other promotional activities or events sponsored or managed by IK Multimedia.

To carry out targeted marketing for IK Multimedia products both on and off the Platform and to measure the success of these advertising campaigns. When you view our advertisements on third-party websites or apps, we may collect directly, or through third parties engaged by us, information that your browser or mobile app makes available while you are watching the advertisement (e.g. IP address, URL reference, browser details, time of request), as well as information relating to any subsequent purchases of products and services. We encourage you to read the privacy policies of these third-party websites so that you can find out what information they collect and how to withdraw your consent to its processing.

In addition, we may use your data for other purposes, provided that you have received prior notice of this and have given your consent. The data we process on the basis of your consent depends on the purpose of your consent. Typical purposes may be:
Subscription to a newsletter
Participation in surveys and market studies
Use of cookies and similar technologies according to your settings.

 

Options and control

We do our best to give you the possibility to choose what and how much information you want to notify to us and the control over this information.

 

Managing settings

If you register an account, you can manage the content and information you share through your Account Settings, including the information below. It is your responsibility to ensure that you keep your Settings up to date.
Pseudonym (Nickname) Profile Photos
Music preferences Instrumentation used

 

Account deletion

You can delete your account from the Account tab within Settings. If you delete your account, all the data associated with it, with the exception of the content you have uploaded, will all be deleted and non-recoverable. The content you have uploaded and the data related to the use of this content (e.g. download rankings) will be stored on the Tone Net® platform because -as specified in the terms and conditions of use- Tone Net® shares free content uploaded by users without making any profit and the user, by uploading their content, accepts this principle. Even if you delete your IK Multimedia account, it is possible that for a limited period of time your information will continue to be displayed in Internet search results if the search engine maintains a temporary cache. Search engine caching processes are beyond the control of IK Multimedia and therefore we cannot be held responsible for information that remains in the search engine cache after the information has been deleted from the Platform.

 

Managing Browser Settings

Most browsers allow you to manage cookies by changing the settings so that you either accept or decline cookies or are asked for permission to install cookies. You can also manually delete installed cookies at any time. Please be aware that blocking cookies may affect the Platform or limit certain features of the Platform.

Other options and controls - For more details on analytics and advertising cookies and how to decline them, you can visit Network Advertising Initiative's opt-out page, the Digital Advertising Alliance's opt-out page or http://youronlinechoices.eu.

 

How your data is shared

This section describes how information that we collect or process based on your use of the Platform may be shared by both you and us.

Via your profile
Any information on your public profile will be accessible to other users of the Platform, who will be able to see the information on your profile, listen and comment on any of your published content, add themselves to your list of followers and see that you are following them. Similarly, if you comment on any content on the Platform, your comments will be visible to all other users.

Service provider
IK Multimedia uses various service providers, some of which are based outside the European Economic Area ("EEA"), to provide certain specialised services in relation to the Platform. These third party partners will have access to your data, but only where necessary to enable them to provide their services to IK Multimedia. When transferring personal data to such third parties, IK Multimedia requires an undertaking from the latter that they will take appropriate technical and organisational security measures to protect your personal data from unauthorised disclosure, and solely for the purposes of processing the data in accordance with our instructions and to the extent necessary to provide IK Multimedia with their services.
IK Multimedia makes use of service providers in countries that have been declared adequate with a specific decision of the European Union and has appointed them as data processors with specific standard contractual clauses.

Place of storage and processing of user data
European Economic Area.
United States of America: the transfer is authorised on the basis of specific contractual clauses approved by IK Multimedia Production Srl and IK Multimedia US, LLC.
Canada: The transfer is authorised taking into account the decision of the European Commission of 20 December 2001.

We need to share your data, including personal data, in order to ensure proper performance of the contract concluded with you. For example, we work closely with service providers in the area of customer support (e.g., for the Help Centre, content moderation). These service providers generally only process your data on our behalf under special conditions.

Aggregated data
For purposes related to legal obligations, market and industry analysis, demographic profiling, marketing, as well as for commercial purposes, we may share your data in aggregate form (i.e. information about our users processed in such a way that they are no longer identifiable or there is no longer any reference to individual users) and other pseudonymised information.

Legal obligation
We may disclose your information to law enforcement or administrative authorities (i) as necessary to comply with legal obligations, (ii) to act in accordance with legal process and respond to claims brought against Tone Net/IK Multimedia Production s.r.l., (iii) to respond to enquiries regarding criminal investigations or alleged illegal or suspicious activity or any other activity that might expose us, you or any other user to legal liability, (iv) to enforce or apply our Terms of Use or other user agreements, or (v) to protect the rights, property or personal safety of Tone Net®, its employees and the public.

 

TRANSMISSION OF DATA TO THIRD PARTIES

IK Multimedia Production Srl may transmit the user's personal data to third parties to the extent required by law, by court order or decision issued by a competent public authority and for the purposes of applying the Law. Finally, it may share the user's personal data with the following third parties:

Consultants and freelancers in individual and associated forms, non-banking financial intermediaries such as PayPal and freight forwarders (e.g. logistics companies). These third-party providers have access to the data in order to provide these services but may not use your personal data for any other purpose.

IK Multimedia US, LLC, a US-based company and Privacy Shield member, for providing technical support to customers.

Fender Musical Instruments Corporation, with your consent and limited to products developed under license from Fender, for marketing purposes.

Third parties to define, exercise or defend the legal rights of IK Multimedia Production Srl.

Third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or part of the assets or shares of IK Multimedia Production Srl (including, without limitation, bankruptcy or similar proceedings).

IK Multimedia Production Srl takes all reasonable steps to ensure that such third parties are bound by confidentiality and privacy obligations regarding the protection of personal data. Transmission is carried out in compliance with regulatory obligations, including entering into data processing agreements with third parties, ensuring that personal data is processed in accordance with our instructions, applicable law and regulations and for the purposes specified by IK Multimedia Production Srl and to ensure adequate security measures.

 

Cookies and similar technologies

As described in more detail in our Cookie Policy, we use cookies and similar technologies (e.g. pixels, local storage and identification devices) to recognise you and/or your devices both on and off the Platform and on other devices. To the extent permitted by your settings or device, we also allow third parties to use cookies, in accordance with our Cookie Policy, in order to track your behaviour on and off the Platform and show you advertisements based on your interests and preferences. You can control your cookies through your browser and other tools described in the Cookie Policy.

 

Data security

IK Multimedia Production Srl has developed technical, administrative and physical security measures to prevent unauthorised access, use or disclosure of the data we collect and store, and to ensure a level of security appropriate to the risk of varying likelihood and severity to the rights and freedoms of individuals who may be affected by our processing operations. We constantly monitor our systems to detect possible vulnerabilities or attacks. However, the security of data transmitted via the Internet cannot be guaranteed. Your use of the Platform and the transmission of data is at your own discretion and risk.

 

Minors

The use of the Platform is not permitted to minors under the age of 18, nor can they attempt to register an account or send personal data to IK Multimedia Production Srl. We do not knowingly collect any personal data from children under the age of 18, nor do we allow them to register an account. If we learn that we have collected personal information from a child under the age of 18, we will delete that information without delay. If you have reason to believe that we may have collected such personal data, please notify us immediately at privacy.ik@Ikmultimedia.com.

 

Use of third-party services

The user, while browsing the site or using the applications of IK Multimedia Production Srl, may use services provided by third parties such as:

AddThis: to facilitate the sharing of content on social networks SoundCloud Widget: For the enjoyment of audio content YouTube widget: for enjoying video content

Dropbox, One Drive and Google Drive: to save and share the content you create

Facebook Custom Audience Pixel: to record information about how visitors use our website. Further information can be found in the data policy and terms of service of Facebook Inc. ( https://www.facebook.com/business/m/privacy-and-data ).
You can deactivate the retargeting function via your Facebook account.

 

Exercising your privacy rights within the European Union

If you are a user resident in the European Union or the European Economic Area, you may exercise any of the rights described below through the Help Centre or by contacting us at privacy.ik@ikmultimedia.com. Please note that in the event of any reasonable doubt as to your identity, we may ask you to verify your identity before proceeding to process your request.

Data access and portability
You have the right to obtain confirmation as to whether or not data relating to you is being processed and, if so, to obtain access to your personal data. You also have the right to request a copy of your personal data held by us. Although much of the personal data you have provided to us may be accessible through your Account Settings, you may request copies of the personal data you have provided to us in a machine-readable format.

Changing or correcting data
If you are unable to update the data yourself via your account, you have the right to ask us to correct, amend, update or rectify your data.

Data retention and deletion
We retain the data as long as it is necessary for the purpose of providing you with services related to your account or as long as it is necessary to enable you to access the Platform as a registered or non-registered user. You have the right to ask us to delete all or part of your personal data held by us. If you have an account, you can delete it from the page within your Settings on the Site at any time. If necessary to comply with legal requirements or if we have a legitimate interest in doing so, we may retain some of your personal data even after we have closed your account (for example, under applicable tax and business law, or to prevent fraud and abuse and to maintain and improve security). Thereafter, we will delete your data without undue delay, unless we need to retain the data until the expiry of statutory limitation periods in order to provide evidence for ongoing civil proceedings or for statutory retention obligations (e.g. for accounting purposes).

Opposition to data processing
You have the right to object to the processing of your data on grounds relating to your particular situation at any time (specifically, in cases where we do not need to process the data in order to comply with a contractual or legal obligation, or in cases where we use the information on the basis of our legitimate interests). If you object to the processing of Tone Net®, we will no longer process your data for these purposes, unless the processing is justified by specific legitimate reasons, or is necessary for establishing, exercising or defending a right or obligation in a court of law. Where personal data is processed for direct marketing purposes, you have the right to object to such data processing at any time and to ask Tone Net® to stop processing for these direct marketing purposes.

Limitation of treatment
In certain circumstances, you may have the right to restrict the ways in which your personal information is used.

Withdrawal of consent
Where you have provided consent to the processing of your personal data by Tone Net®, you have the right to withdraw it at any time by changing your Account Settings or by sending a communication to Tone Net®, indicating which specific consent you are withdrawing. Please note that revoking your consent has no effect on the lawfulness of any processing based on your consent before it was revoked.

Making complaints
You have the right to lodge complaints with respect to the processing of data by Tone Net®, before the competent supervisory authority. A list of EU data protection authorities is available at https://www.garanteprivacy.it/home/footer/link.

 

How to contact Tone Net about privacy issues

If you have any questions or complaints about this Privacy Notice or our procedures, please write an email to privacy.ik@ikmultimedia.com or contact our Data Protection Officer at dpo@ikmultimedia.com or write to our Data Protection Officer at IK Multimedia Productions s.r.l. with registered office in Via dell'industria, 46 41122 Modena - Addressee: Data Protection Officer.

 

Changes to the Privacy Notice

This Privacy Notice is subject to updates from time to time at our sole discretion, in which case we will post the revised Privacy Policy on the Platform and update the "Last Modified" date below. We therefore encourage you to periodically visit this page to ensure that you are aware of any new changes to this Privacy Notice. Any material changes to this Privacy Notice will be communicated to registered users by notifying their account and/or by posting a notice of the change on the Site. Access to and use of the Platform following the entry into force of the changes is subject to the amended Privacy Notice.