PRIVACY POLICY

LAST UPDATED: February 1, 2024.

BY USING OUR WEBSITE, YOU, (HEREINAFTER: THE ‘USER’, ‘YOUR’ OR ‘YOU’), AGREE TO OUR POLICIES AND PRACTICES CONTAINED HEREIN. PLEASE ENSURE THAT YOU READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. 

Zach Heyde Music LLC values its User’s privacy. This Policy discloses the privacy practices of https://www.zachheyde.com/ and any affiliated social media accounts (hereinafter: the “Website”), owned by Zach Heyde Music LLC, a Company in the State of California (the “Company”, “We”, “Our” or “Us”). This Privacy Policy (herein: the “Policy”) is intended to help the User understand the collection and use of their data and personal information.

The Company and the Website reserve the right to make changes to this Policy at any time. To ensure they are up to date, we advise the User to visit this page frequently for any changes or updates to our Privacy Policy. If the Company and/or Website uses any personally identifiable information collected through the Website, in any manner other than those initially prescribed at the time of collection, the User will be notified by email. 

By using this Website and affiliated social media accounts, the User is consenting to the data collection procedures expressed in this Policy. 

By accepting our Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors.

INFORMATION THE WEBSITE COLLECTS, USES AND SHARES:

1.1  This Website provides several opportunities for the User to automatically “opt-in” to the collection and use of personal information by voluntarily providing the Company and/or Website with their personal information in exchange for opportunities provided by the company, including the receipt of incentives or free resources, being added to the Company email or subscriber lists, and/or by contacting the Company via the Website or its affiliated social media accounts. If the User elects to “opt-in” and provide the Company and/or Website with personal information for any of these purposes, the Company will collect the information provided, which may include the User’s name, email address, phone number, and/or the text content of any messages the Company receives. The Company will also process personal information in the form of comments, images, and/or videos that the User makes or shares on our blogs, social media pages, or any other online forum made currently available now, or in future. The User understands that their decision to provide any information to the Website and/or the Company in this manner is entirely voluntary, and constitutes the User’s clear and freely communicated consent to allow the Website and/or the Company to collect, process, and retain such information.

1.2  If the User elects to fill out the “contact us” portion of our Website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, the Website or Company may collect personal information including their name, email address, phone number, the information the User shared with that social media platform, as well as the text of any message sent electronically. This data will be processed based on the Website’s or the Company’s legitimate interest in communicating with the User, and/or answering any questions or concerns raised. We may also retain the aforementioned data to keep a record of any such communication.

1.3  If the User becomes a customer (the “Customer”), The company will collect additional information required to carry out and complete the purchase and sale of the goods and/or services as required as part of the course of doing business.  The data collected includes, but is not limited to, the Customer’s email address, billing address, credit card and/or payment information, and any other information necessary to complete due course of business between the Company and the Customer. The Company will only collect and process this data to fulfill their contractual obligation to the Customer, and will not retain this information for any longer than is necessary through the course of doing business.

1.4  If the User is on the Website or the Company’s email list as a result of the User’s consent, or as a result of the Website or Company’s legitimate interest in direct marketing engagement, the Website or Company may also utilize the User’s data to send targeted social media advertisements and/or upload User information into the Company’s social media accounts for the purposes of creating a targeted audience. To ensure compliance with the CAN-SPAM act, all emails from the Company or its affiliated accounts will clearly state the sender of the email, include clear instructions on how to unsubscribe from the mailing list, and provide a method for the User to contact the Company with any questions or concerns.

1.5  This Website may also collect information through automatic data collection technology, and may also use or send standard “cookies” to identify the User’s browser activity from time to time. The Website does not include any personally identifiable information in its cookies, and will not employ any other mechanisms (other than those discussed above) to capture data on its Website. The Website may use both session cookies (which expire once the User closes their browser) and persistent cookies (which stay on the User’s computer until deleted). The User can accept or decline cookies using web browser settings. If the User chooses to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by the User’s browser.  

1.6  This Website may also collect data about the User’s navigation of the Website, browsing actions or patterns, computer equipment, IP addresses, internet connections, and other information enabled by User permissions including Google Analytics and Facebook Pixels, for the purposes of obtaining statistical data, improving the Website and/or the Company’s offerings, and/or ensuring that the User receives relevant information. If the Website utilizes any third-party technology, the Website will use this technology in compliance with all policies set forth by the third-party company. This Website may receive personal data from third parties including, but not limited to, Google, social media platforms, and internet search engines.

HOW AND WHY IT IS COLLECTED:

2.1 This Website collects the User’s personal information when they voluntarily and/or directly provide it to the Company in exchange for a free or paid resource, product, or service, or when the User fills out a form or sends an email to contact the Company.  The Website and/or Company does so in order to deliver the resource that the User has agreed to receive.  The Website may also track the User’s future interactions with other online content, and use personal information to keep the User informed about products and/or services they elected to receive, as well as any affiliated or comparable products and/or services that the Company believes might interest the User. The data will be collected following the User’s choice to manually enter and submit their information on the Website, in exchange for a good or service provided by the Company. No such data will be collected by the Company and/or Website, without the User taking explicit action to share their information.

2.2 This Website may also receive data from third parties including Google Analytics, Facebook, and other online advertising platforms. The Website will endeavor to utilize only those third-parties deemed GDPR-compliant, and who have either completed a data processing agreement with the Company, or have reviewed and confirmed their policies regarding data processing to ensure compliance.

HOW WE USE YOUR INFORMATION:

3.1 The User has the right to know and understand how their information will be used. The Website or Company will use the personally identifiable information that the User has voluntarily provided, in order to carry out the course of business, including to provide service(s) or product(s) requested, including free resources or incentives, trainings, newsletters, promotional emails, and/or to notify the User about any changes to our policies or services. This Website may also use the User’s personal data to form targeted audiences for the Company’s digital marketing campaigns, which includes uploading User data into our social media advertising platform(s).

3.2 Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using the Website; and will not be used for additional purposes.  The Website does not use any such data to make automated decisions. The Company and Website may also record some or all information to help create a better User experience. The Website may use information such as the User’s IP address to help diagnose technical problems with Company servers or our Website, to determine which portions of our Website receive the most traffic, and to understand which content is the most useful to our visitors. The User’s IP address will not personally identify them, and may be used for such limited purposes as outlined above, in order to improve the User experience.

HOW INFORMATION IS STORED AND SHARED:

4.1 The User has the right to know what information is stored (and not stored) and how it is processed. It is important to the Website and the Company to take appropriate measures to ensure that User information is kept confidential. User information is stored securely through a data management system.  The User understands that in doing so, there are limited purposes and/or occasions where the Website and the Company may share the User’s confidential information with a third party, including those who are providing technical support for the Website, or those who are members of our team, including legal and accounting service providers. To the extent of the Company’s abilities, any third parties who will have access to the User’s information will be required to keep such information confidential and will not share it with any unrelated parties outside of the limited scope for which they have been granted access. Information provided by the User will never be shared, sold, or given to any other Company or person without prior consent, other than what is required to complete a purchase or request made by the User, unless required to do so by law or by way of governmental requirements. This Website and Company require that all such third-parties treat the User’s personal information in accordance with the law, and will only allow third-parties to process the User’s personal data for specific, necessary purposes. 

4.2 Please be aware this Website may disclose information provided, if required to do so by law, if there is an honest, good-faith belief that such disclosure is necessary to protect the rights of our Website or of the Company, if any portion of our policies are being violated, to prevent or mitigate a belief that a crime may be committed, and/or to protect the safety or rights of other Users. This information may also be shared as a result of the sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should the Company deem it necessary to share such information. This Website will always take all reasonable measures to protect and safeguard User data.

4.3 This Website, and the servers and parties which made this Website available on a global scale, are located within, and operate within, the United States of America. The internet laws of the United States of America govern any and all matters relating to this Website. Any information the User chooses to provide through this Website, including, but not limited to, subscribing to a newsletter, “opting-in” to receive a gift or incentive, sending the Company a message, and/or making a purchase, will be transferred to the United States of America for processing. That information may then be transferred within the United States of America or back out of the United States of America to other countries outside of the User’s country of residence, depending on the type of information, and how it is stored by the Website and the Company. Countries where data is transferred may not have data protection laws that are as comprehensive or protective as those in the User’s country of residence; however, our collection, storage, and use of the User’s personal data will, at all times, be governed by this Policy. By visiting the Website, the User acknowledges this information, and by submitting any personal data onto the Website, hereby authorizes the transfer and processing of this information. 

4.4 By collecting and using the User’s personal data, this Website is acting as a data controller, meaning we can determine what information is collected, how long it is stored, and what the personal data will be used for. This Website may utilize a third-party Company to act as a data processor, and/or to store information such as the names and email addresses that make up our email list. The Website and the Company have researched and concluded, to the best of our ability, that all third-party data processors used by the Website and the Company have advised that they are also compliant with general data protection regulations.

YOUR ACCESS TO, AND CONTROL OVER INFORMATION:

5.1 The User has the right to update, edit, or delete their information being held in the Company and/or Website database(s). It is also within the User’s right to opt-out of any future communications from the Company at any time by clicking the “unsubscribe” button at the bottom of any email sent to the User from our mailing list, or by sending a direct email unsubscribe request to [email protected]. Should the User wish to:

·       See what data the Company holds about the User, if any,

·       Change/correct any data the Company holds about the User,

·       Ask the Company to delete any data the Company holds about the User,

·       Express any concern about the Company’s use of the User’s data,

The User can do so at any time, free of charge, by reaching out via the following email address: [email protected]. 

UNSUBSCRIBE OR OPT-OUT:

6.1 All Users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website, please send an email to [email protected] indicating that you wish to unsubscribe, or click the “unsubscribe” button at the bottom of any email correspondence received by way of our distribution or mailing list. The Website and Company will continue to adhere to this Policy with respect to any personal information previously collected. 

INFORMATION PROTECTION AND DISCLOSURE:

7.1 The Website and the Company take precautions to protect the User’s information against unauthorized access, unlawful processing, accidental loss, destruction, and/or damage. Any information submitted to the Company via the Website is protected both online and offline. However, no method of transmission over the Internet or method of electronic storage is 100% guaranteed, therefore we can only guarantee a reasonable level of absolute security of the User’s personally identifiable information. 

7.2 Wherever this Website collects sensitive information, the data is encrypted and securely transmitted to the Company. The User can verify this by looking for a lock icon in the address bar and/or looking for “https” at the beginning of the address of the Web page. 

7.3 While the Website uses encryption to protect sensitive information transmitted online, we also protect the User’s information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable User information. The computers/servers in which the Company stores personally identifiable information are kept in a secure environment. 

7.4 The Company has determined it is not required to appoint a Data Protection Officer as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects, nor do we process sensitive categories of data on a large scale.

HOW LONG WE KEEP YOUR INFORMATION:

8.1 The data this Website collects from the User will be stored no longer than necessary, based on the type of contract we have with the User, the existence of consent, the length of time that the User information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, any limitation period prescribed by law within which claims might be made, and our legitimate interest in keeping such information as stated in this Policy. In any event, the User’s information will only be kept for as long as the relevant data protection legislation allows.

CALIFORNIA PRIVACY RIGHTS:

9.1 This section applies to website visitors and customers in California. The CPRA, CCPA, CalOPPA and Shine the Light Law gives residents of California privacy rights. If the User resides in California, the User has the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose the Users data. As a California resident the User also has the right that we request not to sell the Users data.

9.2 If the User is a California resident and under the age of 18, the User has the right to request that we remove any data that the User publicly posts on our website. To request removal of the Users data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our Site, we may not be able to completely remove that data from our systems.

9.3 If the User is a California resident, they have the right to request information from the Company regarding the manner in which we use and/or store the User’s personally identifiable information and share their information with any third-party. The Website does not respond to Do Not Track signals sent by the User’s browser. For more information about California Do Not Track and User rights as a California resident with respect to Personal Information, please visit: www.allaboutdnt.org.

9.4 If the User is a California resident and would like to make any of the above requests, please contact us at [email protected]. If the User makes a request, we have 30 days to respond to you.

GDPR COMPLIANCE:

10.1 In order to ensure compliance with the European Union’s General Data Protection Regulation (the ‘GDPR’) the Website and the Company confirm we have lawful grounds for processing the information we collect from the User. If the User provides personal information via the Website “contact us” page, or sends us any other form of electronic communication, we will process the User’s data based on our legitimate interest to respond to User and/or Customer inquiries. If the User elects to receive communication from our Company by “opting in” and providing us with their name and email address in exchange for an incentive, free resource, training, and/or service, or if the User makes a purchase from the Company, the Company will process the User data solely for the purpose(s) it was collected, based on affirmative consent to do so.  The Company may also periodically send additional email marketing based upon a legitimate interest in marketing to Users that have shown an interest in the Company’s products or services. The Company may also give the User the option to be added to an email list, for the purposes of receiving a newsletter, information about products and services, and/or other information the Company believes may be of interest to the User.  This communication by the Company is based on the User’s decision to “opt-in” to one or more incentives and/or resources, and the Company will obtain User consent to do so. The User may withdraw consent at any time by contacting the website and requesting their personal information be edited, updated, or deleted. The Company does not collect any sensitive data, nor any information regarding criminal offenses or convictions. 

10.2 The data controller responsible for the User’s personal information for the purposes of GDPR compliance is: Zach Heyde, Zach Heyde Music LLC, [email protected]. 

10.3 For more information regarding the User’s rights to their Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

PIPEDA COMPLIANCE:

11.1 If the User is a resident of Canada and a User of this Website, the user may request certain information regarding the disclosure of their personal information and shall be given access to that information. Users may also challenge the accuracy and completeness of the personal information the Company holds, and can request to have it amended as appropriate, if necessary. 

11.2 For more information regarding the User’s rights under Canada’s Personal Information Protection and Electronic Documents Act (the ‘PIPEDA’), please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-[Country]/the-personal-information-protection-and-electronic-documents-act-pipeda/

GOVERNING LAW:

12.1 Any claim relating to Zach Heyde Music LLC or this Website shall be governed by the laws of the state of California, United States of America without regard to its conflict of law provisions. 

SEVERABILITY:

13.1 If any provision of the Privacy Policy shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

HOW TO CONTACT US:

14.1 If the User has any questions or concerns regarding the Policy related to our Website, please feel free to contact us at the following email address: [email protected] or 190 N Marguerita Avenue, Alhambra CA 91801. If the User feels that the Website and/or the Company is not abiding by this Policy, they should do so immediately.