Terms and conditions

Tone.Net TERMS AND CONDITIONS OF USE

Effective December 23, 2021

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

This Terms of Use is an agreement between you and IK Multimedia Production Srl (referred to in these Terms of Use as “IK Multimedia,” “the Company,” “we,” “us” and “our”). Together with our Privacy Notice this Terms of Use (collectively, the “Terms of Use” or “Agreement”) applies to your use of the Tone.net service provided by the Company through the website located at www.Tone.net (the “Platform”). We prepared these Terms of Use to help explain the terms that apply to your use of the Platform.

By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing the Platform, or contributing Content (defined below) to the Platform, you agree to be bound by this Terms of Use. You are only authorized to use the Platform if you agree to abide by all applicable laws and to this Terms of Use. Please read this Agreement carefully. If you do not agree to be bound by the Agreement, you should stop using the Platform immediately.

1. Limited License; Our Intellectual Property Rights

The Company solely and exclusively owns the Platform and reserves all rights in and to the Platform. Subject to your agreement to this Terms of Use, we grant you a limited, non-exclusive license to use the Platform for your own personal, non-commercial use solely for the following activities:

(i) View, listen to, share, and download Content (defined as any and all files, text, photos, images, graphics, comments and other content made available to or via the Platform) uploaded and posted on the Platform using the Platform's features;

(ii) Upload or post Content to the Platform and keep it available on the Platform to the extent strictly permitted by these Terms of Use;

(iii) Use the Platform to the extent strictly permitted by these Terms of Use.

You agree to abide by this Agreement in its entirety for as long as you use the Platform. You acknowledge and accept that the Company has the right, in its sole discretion, to deactivate your account at any time and for any reason, including if you breach this Agreement.

2. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with the Terms of Use. While using the Platform, you agree that you will not:

(i) Use the Platform for any unlawful purposes, or that could violate, or encourage the violation of, any applicable federal, state, local, or international law or regulation;

(ii) Falsely impersonate any person or entity, or otherwise misrepresent your affiliation with a third-party;

(iii) Upload, adapt, copy, republish, make available or otherwise communicate to the public, distribute, or otherwise use or exploit any Content on or from the Platform at any time, unless you own all necessary rights to use the Content in relation with the Platform;

(iv) Change the basic melody or fundamental character (i.e., language of lyrics) of any third-party musical works used by you to create Content that you upload to the Platform;

(v) Upload, adapt, copy, republish, make available or otherwise communicate to the public, distribute, or otherwise use or exploit any Content on or from the Platform at any time using a third-party musical work that has not been previously recorded and released in the United States with the authorization of the copyright owner;

(vi) Upload any Content to the Platform in which you do not own all intellectual property rights, including copyrights;

(vii) Modify or remove any trademark or copyright notice or reservation of copyrights from any Content;

(viii) Copy or adapt (or allow any third party to copy or adapt) the code of the Platform, or reverse engineer, disassemble, decompile, modify or attempt to discover any source code or object code of any element of the Platform;

(ix) Upload, post, archive, or make available to the public:

• Any Content that is offensive, defamatory, pornographic, false, or obscene, that promotes or incites violence, terrorism, unlawful acts or hatred on grounds of race, ethnicity, cultural identity, religious belief, disability, gender or sexual orientation;
• Any information, Content or other material that constitutes an infringement, misappropriation, counterfeit, or false or misleading designation of origin including, without limitation, copyright, trademark, right of privacy or publicity, right of confidentiality of information and any other right;
• Any Content constituting a breach of contract;
• Any material of any kind whatsoever that contains any virus, Trojan, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component that might overload, damage or stop the operation of the Platform or the servers or networks comprising or connected to it, or which restricts or inhibits (or which might restrict or inhibit) any other User's use and enjoyment of the Platform; or
• Any unsolicited or unauthorized advertising or promotional message, junk mail, spam message, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of commercial Content or solicitation;

(x) Use the Platform for any commercial purpose;

(xi) Use, or attempt to use, the account, password, or other information of another user of the Platform without express permission;

(xii) Otherwise interfere with, or attempt to interfere with, the proper working of the Platform.

Actions by you that violate any of the above Prohibited Uses for the Platform may result in immediate deactivation of your account used to access the Platform, as well as civil or criminal proceedings against you.

3. Content You Upload To The Platform

You agree that you are solely responsible for all Content uploaded, posted or distributed by you on the Platform.

When uploading content to the Platform, you agree to use best efforts to provide the metadata requested by the Company, including, at a minimum: the name of the musical work that you used to create the Content, the name of the sound recording (if different than the underlying musical work) that you used to create the Content, the name of copyright owner of the sound recording that you used to create the Content, and the name(s) of any featured performing artist(s) in the Content.

4. Your License To Us

By uploading or posting Content to the Platform, you grant us a limited right, on a non-exclusive basis and for the whole world, without payment of any consideration or royalty and to be understood as having already been fully remunerated, to use, copy, listen, adapt, make available or otherwise communicate the Content to the public.

In addition, by uploading Content to the Platform, you also grant a non-exclusive, worldwide, limited right, without payment of any consideration or royalty and to be fully remunerated, to other users of the Platform to use, copy, listen to and adapt Content uploaded by you using the features of the Platform.

Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform in relation to any proprietary name, logo, trademark or service mark in Content uploaded by you, or any other user, to the Platform.

The license you grant described above is without limit on time and is irrevocable, and will remain in effect regardless of the termination, deactivation, or lapse in use of your account for the Platform.

5. Representations and Warranties

By accepting these Terms of Use, you represent and warrant that:

(i) All information that you provide to us, including to create an account to access the Platform, is correct, current, and complete;

(ii) You are over 18 years of age;

(iii) The Content that you upload to the Platform, and each and every part of it, constitutes an original work created by you, i.e. for which you have obtained all relevant rights, licenses, consents and permissions necessary to use the Content at all times and for all the time of such use;

(iv) You authorize IK Multimedia to use the Content that you upload to the Platform as set forth in this Terms of Use;

(v) You have obtained any consent, authorization and/or release that may be required from any person appearing in the Content to include his or her name, voice, performance or image in the Content and to publish the Content on the Platform and/or through the any third-party sites linked to the Platform;

(vi) The Content you upload to the Platform does not infringe or violate the rights of any third party now, nor will it do so in the future, including without limitation any intellectual property rights;

(vii) The Content you upload to the Platform does not and shall not give rise to any liability on the part of IK Multimedia.

For the avoidance of doubt, the Company reserves the right to remove any Content, discontinue or deactivate your access to the Platform and/or initiate any legal action it deems appropriate against you if you breach any of the above representations or warranties or this Agreement or otherwise upload Content that infringes the rights of third parties or violates any law, rule or regulation.

6. Our Management of the Platform; User Misconduct

To the maximum extent permitted by law, neither IK Multimedia, nor its subsidiaries, affiliates, assignees, or successors in title undertake any liability whatsoever that may arise from any content uploaded to the Platform by users or any dispute relating to the completeness, accuracy, actuality or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim against the Company arising from the Content uploaded to the Platform or the conduct of other users of the Platform.

Notwithstanding the fact that IK Multimedia has no legal obligation to monitor content on the Platform, IK Multimedia reserves the right to block, remove or delete any content at any time and to limit or restrict access by the User to any content for any reason whatsoever.

We reserve the right, but do not undertake the obligation to: (A) report to law enforcement authorities and/or take legal action against anyone who violates this Terms of Use; and/or (B) manage the Platform in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Platform.

WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of USE or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the PLATFORM TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF THIS AGREEMENT, OR ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN This Terms of Use, OR OF ANY APPLICABLE LAW OR REGULATION.

7. Third-Party Sites

Our Platform may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Platform by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

8. Indemnity

You agree to indemnify and hold us and each of our respective assignees, successors in title, subsidiaries, affiliates, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Platform, or any violation of this Terms of Use, as applicable, including but not limited to claims arising from any breach of this Terms of Use and any third-party claims of infringement of copyrights, intellectual property rights, or privacy rights arising from Content that you have uploaded to or made available through the Platform.

9. Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others. We ask you to be responsible in making sure that any Content you upload to the Platform does not infringe on any copyrights or other intellectual property rights.

DMCA Notifications

If you believe that material available on or through the Platform infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below to our DMCA Agent by email using the contact information provided below.

We will in our discretion remove or disable access to the Content complained of, and in appropriate circumstances, terminate the account and/or access rights of repeat infringers.

In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a Counter notification that could result in our restoring content removed in response to a DMCA Notification.

You may send a DMCA Notification to our DMCA Agent at:

IK Multimedia Production srl
	Attn: DMCA Agent Via del l’Industria, 46 41122 Modena Italy Phone:  +39 059 285496 Email: copyright.tonenet@ikmultimedia.com

(i) DMCA Notification Requirements.

All DMCA Notifications must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of the works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the DMCA Notification.

Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

10. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

(i) Initial Dispute Resolution. We are available by email at dispute.tonenet@ikmultimedia.com to address any concerns you may have regarding your use of the Platform. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(ii) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to (i) above, then either party may initiate binding arbitration. All claims arising out of or relating to this Terms of Use (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Platform shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost (submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS). The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

(iii) Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in (ii) above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(iv) Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

(v) Exception – California Private Attorneys General Act (PAGA) Action Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

(vi) 30 Day Right to Opt-Out You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at dispute.tonenet@ikmultimedia.com. The notice must be sent within thirty (30) days of registering to use the Platform, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(vii) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Broward County, Florida (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to this Terms of Use or the Platform, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

11. Warranty Disclaimer; Limitation on Liability

Disclaimer of Warranties. to the extent permitted by applicable law, The PLATFORM, ALL content, MATERIAL OR ITEMS PROVIDED THROUGH the PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the PLATFORM, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE OR BELIEVE ANY Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO OR BY the PLATFORM (INCLUDING WITHOUT LIMITATION, CONTENT POSTED BY OTHER USERS or third parties, OR HOSTED ON THIRD PARTY SITES), TO BE ACCURATE, USEFUL, non-infringing, OR NON-HARMFUL. WE EXPRESSLY DISCLAIM THAT ANY CONTENT YOU DOWNLOAD OR ACCESS FROM THE PLATFORM WILL BE ERROR FREE, NON-HARMFUL, OR FIT FOR A PARTICULAR PURPOSE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the platform. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of use. YOU AGREE THAT YOUR USE OF The PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, SUBSIDIARIES, ASSIGNEES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS, OR SUCCESSORS IN TITLE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the platform AND YOUR USE THEREOF.

Limited Liability. to the extent permitted by applicable law, IN NO EVENT SHALL IK MULTIMEDIA, its subsidiaries, affiliates, assignees, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS, or successors in title BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the platform, OR ANY OTHER CONTENT, material or items on the platform. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN this agreement, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH your use of the platform and this terms of use, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT exceed the amount you paid to us in connection with the platform in the twelve (12) months prior to the action giving rise to liability.

12. Transfer to Third Parties

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void.

The Company may assign all or part of its rights and (where permitted by law) obligations under this Agreement to any third party at any time without notice.

13. Updates to This Agreement; Termination

We may change, modify or amend this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Platform. You will be required to affirmatively accept the new Agreement the first time you use the Platform after the new Agreement takes effect. If you do not agree with the proposed changes, you should discontinue your use of the Platform prior to the time the new Agreement takes effect. If you continue using the Platform after the new Agreement takes effect, you will be bound by the modified Agreement.

You and we are entitled to terminate this Agreement at any time without notice. Your rights under this Agreement will terminate automatically if you fail to abide by its terms. You may terminate this Agreement by deleting your account for the Platform. We can reduce, change and stop the Platform in any way in parts and entirely at any time. There is no right to use the Platform or to an unlimited availability or accessibility of the Platform. We do not undertake any obligation to provide the Platform to you.

Unless barred by applicable law, the terms of this Agreement governing our intellectual property and prohibited uses, content you upload to the Platform and your license to us, our management of the Platform, indemnity, legal disputes, warranty disclaimers, limitations of liability, and waiver, transfer to third parties, and any other terms that by their nature should survive termination, shall survive termination of this Agreement.

14. Electronic Communications

You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

15. Notice to New Jersey Users

Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in the sections titled Disclaimer of Warranties, Limited Liability, Indemnity, or Disputes, Arbitration and Class Action Waiver, are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of this Agreement shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in this Terms of Use, nothing in this Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

16. Notice to California Users

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Platform, please send an email to support@ikmultimedia.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

17. No Waiver

No waiver of any term of this Terms of Use by us shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions about this Terms of Use or your account, please contact us at support@ikmultimedia.com.

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/contact-us-privacy

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.