Notice: ToneFind does not sell your personal information.
ToneFind.com, LLC, its affiliated companies (“ToneFind” or “we” or “us”) and the associated websites were formed to create a community for musicians, collectors, enthusiasts, dealers and the just-plain-curious to gather in a marketplace fully dedicated to buying, selling and trading instruments, gear, equipment and musical recordings. Therefore, the privacy of all of our members and stakeholders – your privacy – is something we take extremely seriously. This policy details how we treat the personal information that we collect, what settings we provide for you to control how your information is used on ToneFind, and how you can contact us with any questions or concerns. This policy is not a contract between ToneFind and its users, but is merely a recitation of ToneFind policies.
This policy describes the types of information we may collect from you or that you may provide when you visit the websites ToneFind.com or any of their affiliated websites (our “Website”) (directly and via the ToneFind Mobile Apps (the “Apps”)) and our practices for collecting, using, maintaining, protecting, and disclosing that information. It also applies to information we collect: (a) in email, text, and other electronic messages between you and this Website; (b) through mobile and desktop applications, which provide dedicated non-browser-based interaction between you and this Website (including the ToneFind App); (c) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (d) through any other sources associated with the Website or Apps. We’ll refer to the Website, the Apps, anything related to the same, and our other services as the “Services.” The data controller responsible for your personal information is ToneFind.com, LLC, a Georgia Limited Liability Company. ToneFind is committed to collecting this data in compliance with the EU-U.S. Privacy Shield Framework. If you are a citizen of the EU, please review our GDPR Data Processing Policy located here
To the maximum extent permitted by law, the policy does not apply to information collected by: (a) us offline; or (b) by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Services, you expressly agree to this policy. This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. Children Under the Age of 18
ToneFind is intended for a general audience, and requires all account owners to be at least 18 years of age. ToneFind does not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, please contact customer service here. We will remove the data to the extent required by applicable laws. Also, ToneFind does not knowingly “sell,” as that term is defined under the California Consumer Privacy Act, the personal information of minors under 16 years old who are California residents.
3. Information We Collect About You
We collect or receive several types of information from and about users of our Services, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Services collect that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline. Depending on which Services you choose to use, ToneFind may require additional information, such as a shop name, billing information (including billing address, phone number, credit card information), a mobile telephone number, a physical mailing address, and/or payment information; (b) that is about you but individually does not identify you, such as username or alias; and/or (c) about your internet connection, the equipment you use to access our Services and usage details. By using the Services, you agree to provide any information necessary to verify your identity.
We collect this information: (a) directly from you when you provide it to us through forms you complete or registration; or (b) indirectly from you, for example, automatically as you navigate through the Website or use our Services, which may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, including geo-location, as further described in Section 5.
The information we collect as described in this Section and Sections 4 and 5, are used for the purposes described in Section 6.
4. Information You Provide to Us
We may also collect information from you through our Services which may include: (a) information that you provide by filling in forms; (b) information provided at the time of registering to use our Services; (c) information when you enter a promotion sponsored by us; (d) information when you report a problem with our Services; (e) records and copies of your correspondence (including email addresses), if you contact us; (f) your responses to surveys that we might ask you to complete for research purposes; (g) details of transactions you carry out through our Services and of the fulfillment of your orders; (h) financial and payment information before placing an order through our Website; and (i) your search queries and other interactions on the Website or through our Apps.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Apps, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
5. Information We Collect Through Automatic Data Collection Technologies
When you use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) details of your visits to our Website or use of our Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use in connection with the Services; and (b) information about your computer and internet connection, including your IP address, operating system, and phone (including device ID), app, or browser type.
We use the data described in this Section to help us improve our Services and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Services according to your individual interests; (c) speed up your searches; or (d) recognize you when you return to our Website.
Some of the information we collect that is described in this Section does not include personal information, but we may tie this information to personal information about you that we collect from other sources or you provide to us for use of the Services.
6. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and Services, including its contents to you and our users; (b) to provide you with information, products, or services that you request from us; (c) to fulfill any other purpose for which you provide it; (d) to provide you with notices about your account; (e) to carry out our obligations and enforce any rights arising from any contracts entered into through the Services, including for billing and collection; (f) to notify you about changes to our Services or any other products or services we offer or provide though it; (g) to allow you to participate in interactive features; (h) in any other way we may describe when you provide the information; (i) for any other purpose such as with your consent.
We will not sell your information to advertisers or other 3rd party’s. Your information is solely used to improve your experience on ToneFind and improve the Site.
7. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms Of Service and other agreements; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ToneFind, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In order to facilitate transactions through our Services, we may share your information with our third party partners, such as our shipping and payment partners, to enable us to complete your order. Such partners will process your personal information in accordance with their own privacy policies. In some instances, these partners, not ToneFind, are responsible for the protection of personal information under their control. By making a sale or a purchase on ToneFind, you are directing us to share your information in this way. Since this is an important part of the Services we provide, it is necessary in order for us to perform our obligations under our Terms of Service.
ToneFind does not sell your data or transfer it to third-parties except as disclosed in this policy or as necessary for the functioning of the Services, without your permission.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that ToneFind does not own or control or individuals that ToneFind does not employ or manage, except as otherwise provided for in our Terms of Service or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While ToneFind requires these third parties to follow ToneFind’s privacy and security requirements, ToneFind does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, ToneFind is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
8. Choices and Rights About How We Use and Disclose Your Information
Your Rights & Choices
Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with certain rights related to their personal information collected. Consistent with those laws, ToneFind gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your ToneFind account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request the deletion of the personal information in your account.
Depending on your location, you may also have additional rights with respect to your information, such as:
- Right to Access & Portability – You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
- Right to Correction – You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
- Right to Restrict Processing – In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
- Right to Deletion – In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of ToneFind.
- Right to Object – If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications.
- Right to Withdraw Consent – Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:
- Right to Know – California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
- Right to Opt-Out – To the extent that ToneFind does not “sell” personal information as that term is defined under the CCPA, California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
You can exercise any of the rights above by contacting us at support@ToneFind.com. Upon request, ToneFind will provide you with information about whether we hold any of your personal information. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
We will not discriminate against you for exercising any of your rights, including denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services, but, depending on your request, we may not be able to provide buying, selling and trading services.
Please note that you must verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
Email & Messages
You may also control the receipt of certain types of communications from ToneFind. ToneFind may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by unsubscribing using the links in the unwanted emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
We use non-technically necessary cookies and similar technologies.
Additional Disclosures for California Residents
Notice of Collection
In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail herein, the categories of personal information that we have collected – as described by the CCPA – are:
- Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
- Other individual records such as phone number, billing address, credit or debit card information, employment or education information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Services.
- Sensory visual data, such as pictures you post on our Services.
- Geolocation data provided through location enabled services such as WiFi and GPS.
- Inferences, including information about your interests, preferences and favorites.
The Purposes for Our Collection
We collect and use these categories of personal information for our business and commercial purposes described herein, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and advertising and marketing services.
Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)
ToneFind does not sell personal information to third parties for monetary value and we do not share information with third parties for their own marketing purposes absent your specific consent. However, the term “sale” is defined broadly under the California Consumer Privacy Act and includes sharing of personal data with a third party for some value. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described herein, we will comply with applicable law as to those activities.
Please note, however, that you may still receive interest based advertising simply by virtue of surfing the internet (See Section 10 herein). ToneFind is not, and cannot be, responsible for interest based advertising that is not directed towards you as a direct result of using ToneFind’s Services.
Do Not Track Signals
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Shine the Light
Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year. Although, ToneFind does not does not share any personal information to third parties for their own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please email support@ToneFind.com and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed herein.
9. Accessing and Correcting Your Information
In addition to the rights discussed in Section 8, you can review and change personal information by logging into the Services and visiting your account profile page.
You may also send us an email at support@ToneFind.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete all of your personal information, or personal information critical to the Services, except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, be onerous, or could cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
ToneFind uses your data as disclosed in this policy, as disclosed for other purposes with your consent (or on other legitimate bases), or as necessary for the operation of the Services. If you would like to further limit the use of your data, we are happy to work with you, but may not be able to provide full access to the Services. Please contact us at support@ToneFind.com to discuss limiting the use of your personal data.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
11. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other sensitive information will be encrypted using secure socket layer (SSL) technology. ToneFind follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once ToneFind receives it.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas, like message boards. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Services.
12. Data Retention
ToneFind will retain your information for as long as your account is active or as needed to provide you with the Services. If you no longer want ToneFind to use your information to provide you with the Services, you may close your account. After closing your account, ToneFind will solely retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
14. Data Breach
If you suspect a data breach, please contact us at support@ToneFind.com.
15. Other Terms of Service
16. Contact Information
If you have questions, suggestions or complaints in either the United States or the European Union, you may contact ToneFind by sending an email to support@ToneFind.com.
Last modified: November 11, 2020