Madness Media LLC ("we," "us," "our") operates asongwriter, including this website and all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated experience (the "Services"). This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us.
If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.
01 Personal Information We Collect or Process
When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that has been de-identified so that it cannot identify or be reasonably linked to you.
We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
- Contact details including your name, billing address, phone number, and email address.
- Financial information including credit card, debit card, and financial account numbers, payment card information, transaction details, form of payment, payment confirmation, and other payment details. Payment information is processed by our payment processor (Stripe) and is not stored directly on our servers.
- Order and song details including the name of the subject of your custom song, your relationship to that subject, occasion type (wedding, memorial, anniversary, etc.), memories, stories, voice preferences, genre preferences, mode (tribute, roast, anthem), perspective, and any other creative direction or personal narrative you provide to customize your song.
- Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry or providing feedback on a delivered song.
- Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
- Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
Information About Third Parties (Song Subjects)
Because our Services create custom songs about specific people, you may provide us with personal information about other individuals (the "subject" of your song), such as their name, your relationship to them, biographical details, or memories about them. By providing such information, you represent and warrant that you have all necessary rights and consents to share that information with us, and that you are the parent or legal guardian of any minor whose information you provide or have verifiable parental consent. We treat this information with the same care as your own personal information.
02 Sources of Personal Information
We may collect personal information from the following sources:
- Directly from you when you place an order, visit or use the Services, communicate with us, or otherwise provide us with your personal information.
- Automatically through the Services when you use our products or services or visit our websites, including through the use of cookies and similar technologies.
- From our service providers when we engage them to enable certain technology and when they collect or process your personal information on our behalf.
- From our partners or other third parties, including marketing partners.
03 How We Use Your Personal Information
Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
- Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to create your personalized song, to send notifications related to your order, to process purchases, refunds, or other transactions, and to create a customized experience for you. We may use submitted materials, outputs, and communications to improve our Services and quality of work, as permitted by our Terms of Service.
- Marketing and Advertising. We may use your personal information for marketing and promotional purposes, subject to your rights and our Terms of Service. By default, we will only use anonymized references to general subject matter or occasion type (e.g., "a wedding song") in marketing materials. We will not publish your specific song, lyrics, or identifying personal story in public-facing marketing without your express opt-in consent, which you may grant during the intake process. We may also send you marketing emails, which you can opt out of at any time.
- Security and Fraud Prevention. We use your personal information to provide a secure payment and shopping experience, to detect, investigate, or take action regarding security incidents or possible fraudulent, illegal, unsafe, or malicious activity, and to secure our Services.
- Communicating with You. We use your personal information to provide customer support, to be responsive to you, to provide effective services, and to maintain our business relationship with you.
- Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to fulfill our legal obligations, to protect our legal interests, to adjudicate disputes, and to enforce or investigate potential violations of our terms or policies.
- Corporate Transactions. We may use your personal information in connection with a corporate transaction, such as the purchase or sale of a business unit, acquisition, merger, sale of assets, or other similar event.
04 How We Disclose Personal Information
In certain circumstances, we may share your personal information with third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
- With service providers who perform services on our behalf. These include payment processors (Stripe), email delivery services, hosting and database providers, analytics services, customer support tools, and creative production tools used to assist in the fulfillment of your order. These providers are authorized to use your information only as necessary to perform services for us.
- With business and marketing partners to provide marketing services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
- With our affiliates or otherwise within our corporate group.
- In connection with a business transaction such as during negotiations of any proposed or actual financing of our business, a merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
- With other entities when required by law to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.
- When you direct, request, or consent to our disclosure of certain information to third parties, such as through your use of social media features or login integrations.
05 Cookies and Tracking Technologies
We and our third-party partners may use cookies on our Services to store information about users on the users' computers, as well as other tracking technologies such as web beacons, pixels, SDKs, scripts, and logging technologies, to automatically collect personal information.
A cookie is a small data file that is placed on the hard drive of your computer so that your computer will "remember" information when you visit a website. Web beacons and tags are small strings of code used in conjunction with a cookie to record activity on our Services. These technologies may collect personal information such as information that identifies your computer or device, IP address, browser type and language preferences, information about referring and exit pages and URLs, keywords, date and time, what sections of a website you visit, and other information concerning your use.
This information is used to provide and improve our Services, to better understand how visitors interact with our website, and to deliver a better user experience.
You have options to limit information collected through cookies and tracking technologies. You may set your browser to decline cookies. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before using our Services, with the caveat that certain features of the Services may not function properly without cookies.
06 "Do Not Track" Signals
Your browser settings may allow you to automatically transmit a "Do Not Track" (DNT) signal to websites and online services you visit. At this time there is no consensus among industry participants as to the meaning of "Do Not Track" in this context. Like many other websites, our Services are not configured to respond to "Do Not Track" signals from browsers.
07 Communications
You can opt out of receiving promotional communications (emails) from us at any time by following the instructions in the email to click the unsubscribe link. Please note that your opt-out is limited to the email address used. Even if you opt out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your order status, delivery notifications, or transactional matters.
08 Third-Party Websites and Links
The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites.
Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party.
09 Children's Data
The Services are intended for a general adult audience and are not intended to be used by children. We do not knowingly collect any personal information about anyone under the age of 16. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us at asongwriter@gmail.com to request that it be deleted.
As of the effective date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
10 Security and Retention
We take commercially reasonable security measures to protect the personal information you provide to us. However, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." Any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, to comply with legal obligations, to resolve disputes, or to enforce other applicable contracts and policies. Custom song files and associated order information may be retained indefinitely for our archival, quality assurance, and intellectual property records purposes.
11 Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances, and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that we hold about you, including the categories of information collected, the sources of collection, the purposes for which we collected it, and the third parties with whom we shared it.
- Right to Delete. You may have a right to request that we delete personal information we maintain about you. Note that we may retain certain information as permitted or required by law (for example, for tax records, fraud prevention, or to enforce our agreements).
- Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Right to Opt Out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising," as defined in applicable privacy laws (including the California Consumer Privacy Act / California Privacy Rights Act).
- Right to Limit Use of Sensitive Personal Information. California residents may have a right to limit our use or disclosure of sensitive personal information to certain permitted purposes.
- Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe link in our emails. If you opt out, we may still send you non-promotional emails, such as those about your orders or transactions.
Additional Rights for UK and EU/EEA Residents
If you reside in the UK or European Economic Area, and subject to exceptions and limitations provided by local law, you may have the following rights in addition to those listed above:
- Objection to Processing and Restriction of Processing. You may have the right to ask us to stop or restrict our processing of personal information for certain purposes.
- Withdrawal of Consent. Where we rely on consent to process your personal information, you have the right to withdraw this consent. If you withdraw your consent, this will not affect the lawfulness of any processing based on your consent before its withdrawal.
You may exercise any of these rights by contacting us at asongwriter@gmail.com. We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law.
12 Complaints
If you have complaints about how we process your personal information, please contact us first at asongwriter@gmail.com. We will work in good faith to resolve your concern. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or to lodge your complaint with your local data protection authority (in the case of California residents, the California Privacy Protection Agency).
13 International Transfers
Madness Media LLC is based in the United States, and the information we collect is governed by U.S. law. If you are accessing the Services from outside the United States, please be aware that information collected through the Services may be transferred to, processed, stored, and used in the United States. Data protection laws in the United States may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to, processing, usage, sharing, and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.
We do not actively offer or market our Services to individuals located in the European Union, European Economic Area, the United Kingdom, or Switzerland.
14 Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date, and provide notice as required by applicable law. Your continued use of the Services following the posting of any changes to this Privacy Policy constitutes acceptance of those changes.
15 Contact Us
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at:
Madness Media LLC
California, United States
asongwriter.com
asongwriter@gmail.com
For the purpose of applicable data protection laws, Madness Media LLC is the data controller of your personal information.