EQuala Privacy Policy


Last Updates: November 07, 2012

We are pleased that you have elected to visit this Website, (referred to herein as the “Website” or the “Site”), operated by, or on behalf of ListnPlay LTD (d/b/a, and referred to herein as “EQuala”). EQuala is committed to safeguarding the private information entrusted to us by our Members. EQuala has implemented this Privacy Policy to govern the use of personally identifiable information (“Personal Information”) that we collect via the Website and/or the “EQuala Software Application,” or that Members and visitors to this Website send to EQuala when communicating electronically with EQuala via email or otherwise (collectively, the “EQuala Service”). This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. Furthermore, this Privacy Policy is incorporated by reference into the Terms and Conditions of Use http://www.Equala.fm/terms of the EQuala Service.

This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can have such information modified and/or removed.

Use of the EQuala Service

This Website is operated by, or on behalf of, EQuala. Not all products and services listed on this Website are available in all geographic areas, and EQuala makes no representation that use of the EQuala Service is appropriate in all geographic areas. To the extent that access, distribution and/or use of this Website and/or the EQuala Software Application would be deemed illegal by applicable law, such access, distribution and/or use of the EQuala Service is prohibited.

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. If you are a California resident who would like to make such a request or have other questions regarding third party disclosures, you may send an email to or contact us via postal mail at:

EQuala
Kiryat Sefer 10, Tel Aviv, Israel, 6527712
Attn: California Privacy Rights Administrator
californiaprivacy@EQuala.fm

Collection and Use of Information

Personal Information

To be able to download the EQuala Software Application, you will first need to register for an EQuala account, by connecting through your Facebook, Inc. (“Facebook”) account. When you sign up for an EQuala account, EQuala will collect some Personal Information that you voluntarily provide, which includes (but may not be limited to), your name, address, telephone number, email address and EQuala account password. In addition, EQuala will collect Personal Information from Facebook as described herein.

Music Selection Algorithm

To provide you with the highest quality personalized music service, EQuala collects a variety of information about you and your musical taste. When you register for an EQuala account, you give us permission to:

Statistical and Browser Information

When you use the EQuala Service, we will automatically receive some information about your use of the service. The type of information that is automatically collected by EQuala includes such things as the date and time of access of the EQuala Service, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you engage in while using the EQuala Service, such as the queries you make and the media that you access. EQuala may also track the number of visits to each of the pages of its Website. This aggregate tracking information is used to help EQuala improve and enhance the website experience for all of its visitors.

If you choose to make a purchase from a third-party via clicking a third-party link on the Website or via the EQuala Software Application, such third-party may collect personal information, such as your credit card information, name, address, etc. These third-parties may provide EQuala with confirmation of your transactions. In addition, EQuala may track statistical information regarding third-party links, such as the number of EQuala users who utilized such links, and the number of purchases made by EQuala users.

Use of Cookies

The EQuala Service makes use of “cookies” to improve its efficiency and quality - small data files which we may send to your computer or other access device on the basis of the information that we collect about your visit. They contain information allowing us to recognize you (if you registered with EQuala) and to keep track of your preferences. Cookies are stored in your computer’s browser or on your hard disk or personal device and can then be retrieved by EQuala. The EQuala Service uses two kinds of cookies: so-called “session” cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate the Website; and “persistent” cookies, which remain on your computer or other accessing device so that the Website can recognize you when you return.

We may also use third-party advertising companies to target and show you advertisements when you visit the Website or use the EQuala Software Application. These third-party advertisers may send “cookies” to your computer or other accessing device to gather information about your preferences in order to provide you with advertising that is more likely to relate to your interests.

If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Please note that if you delete our cookies or disable future cookies you may not be able to take advantage of some of the EQuala Service’s interactive functionality.

Use of Your Personal Information

The Personal Information we collect about you from this Website and/or the EQuala Software Application may be used (1) to deliver the services that you paid for or requested, (2) to manage the EQuala Service’s interactive functionality, (3) to help EQuala improve and personalize the EQuala Service experience for you and all of its visitors (4) for compliance with EQuala’s legal and regulatory obligations, (5) to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with EQuala and otherwise as you permit, (6) to help EQuala and its commercial partners deliver targeted advertisements, promotions and other initiatives to you, and (7) for any other purpose outlined by this Privacy Policy.

You may opt out of receiving electronic information from EQuala as outlined below. Additionally, at the time that EQuala provides you with information electronically, we will also provide you with an opportunity to opt out of receiving future information electronically.

Your EQuala profile will be visible to other EQuala members. Specifically, other EQuala members will be able to view your Facebook user name and profile picture, your EQuala user name, music activity, music preferences, a list of other EQuala members who you are following and EQuala members who are following you, and the music match score between you and the member who is viewing your profile.

Members who view your profile may then choose to re-share this information with other EQuala users. Once your profile information is made public, EQuala is not responsible for its use by other users.

Sharing Your Personal Information With Others

Within EQuala. In order to provide you with efficient and reliable services and to improve product and service options available to you, EQuala may share your Personal Information with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.

With Non-Affiliated Third Parties. Regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website or via the EQuala Software Application, EQuala may, without restriction, disclose aggregated statistics about users of the EQuala Service, along with specific information concerning individual users of the EQuala Service that is not Personal Information, provided that no specific individual can be identified by the information so disclosed.

EQuala may also share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected by EQuala) with companies that we hire to perform services for us, such as vendors that provide data processing, computer software maintenance and development, transaction processing and marketing services, and companies providing professional, legal or accounting advice to EQuala. In such situations, EQuala requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on EQuala’s behalf.

Under limited circumstances, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website or via the EQuala Software Application, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, EQuala may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, EQuala may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of EQuala or any other person or entity; or (ii) prevent or take action concerning any alleged (a) illegal activity or (b) breach of the Terms and Conditions of Use or the EQuala Privacy Policy.

We may also share your Personal Information as required to allow for a change in ownership of EQuala and related transfer of user information to the new owner. In the event of a change of ownership, your Personal Information will continue to be protected by this Privacy Policy unless and until you are notified of a change.

We may share your Personal Information with certain third-party partners to allow them to deliver you targeted advertisements.

EQuala may share certain of your Personal Information with Facebook and/or Twitter, in accordance with your account settings and preferences. Information shared may include the music you listen to or your playlists, and such information may be used by Facebook and/or Twitter. Any information that you choose to share with Facebook and/or Twitter will be governed by those website’s own privacy policies. Thus, you understand that it is your own duty to become familiar with the Facebook and/or Twitter privacy policies in addition to this one and choose what information you would like to share between the services, or at all.

Accessing Your Personal Information

You may have the right to access and correct Personal Information held about you by EQuala, or in some circumstances the right to object to EQuala’s use of that Personal Information, which can be exercised by contacting:

Privacy Officer

EQuala
Kiryat Sefer 10, Tel Aviv, Israel, 6527712
Electronic Mail Address: privacy@EQuala.fm

Electronic Communications

When you communicate with EQuala electronically, via e-mail or otherwise, you consent to EQuala’s use of the information you have provided, and you further consent to receive electronic communications from EQuala. If you would prefer not to receive such communications, please e-mail us at privacy@equala.fm and so advise.

With respect to all communications you make to or through the EQuala Service, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and EQuala shall have no obligation to protect your communications from disclosure; (ii) EQuala shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation, in any way now known or hereafter devised; and (iii) EQuala shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without any compensation to you.

Protection and Security of Information

EQuala maintains reasonable standards of confidentiality and security for this Website and the EQuala Software Application and the Personal Information collected by the EQuala Service. We comply with all applicable laws and regulations regarding data protection. The Personal Information you provide is secured using industry standard security technology. EQuala also restricts its own employees’ access to Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with the EQuala Service, and you should remember to log off of the EQuala Service once you have completed your activities or if you have decided to step away from your computer or other accessing device.

Although we endeavor to protect your Personal Information, we cannot guarantee that all transmissions of data will be 100% secure, and it is possible that someone may intercept or access communications, transmissions and/or Personal Information. In the event that EQuala determines that there has been a security breach resulting the unauthorized disclosure of Personal Information to a third party, EQuala will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email advisory with respect to situation.

Links to Other Websites

From time to time, the EQuala Service may contain links to other websites that are not controlled and/or maintained by EQuala. Please be aware that these other websites may have different privacy practices for which we cannot be held responsible. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Use of the EQuala Service by Children

The EQuala Service is only for use by individuals 13 years of age and up. We do not knowingly collect or store the Personal Information for any children under the age of 13. In the event that EQuala learns that it has obtained the Personal Information of any child under the age of 13, it will immediately delete such information.

Changes in Policy

This Policy applies to current and former EQuala Members. EQuala reserves the right to make changes to this Privacy Policy from time to time, in its sole discretion. EQuala will post any changes to the Privacy Policy on this Website. Please review this Privacy Policy often so that you will remain abreast of EQuala’s current policies, including its policies concerning the gathering and use of information that may be collected on our Website and/or via the EQuala Software Application. You are responsible for making sure you are aware of the provisions of EQuala’s most current Policy. Your continued use of the EQuala Service after any such updates are posted constitutes your acceptance of such changes.

Effective Date: November 7th, 2012

This Privacy Policy was last updated on November 7th, 2012

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of the EQuala Service shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration. In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by EQuala of any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision, and EQuala’s failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision. Furthermore, if any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.

Notwithstanding anything to the contrary set forth in Privacy Policy, EQuala may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York or in any other court of competent jurisdiction, in the event that EQuala believes that there is a violation, or a threatened violation, of any of EQuala’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Contact Us

If you have any questions concerning this Privacy Policy (other than with respect to California Privacy Rights) you may contact us at privacy@equala.fm or write to us at:

EQuala
Kiryat Sefer 10, Tel Aviv, Israel, 6527712
Attn: Privacy Officer

If you have any questions concerning California Privacy Rights you may contact us at californiaprivacy@Equala.com or write to us at:

EQuala
Kiryat Sefer 10, Tel Aviv, Israel, 6527712
Attn: California Privacy Rights Administrator