Privacy Policy
At The Function XYZ (The Function XYZ, we, us, or our) we recognize that privacy is very important, and value privacy of our website users (users, you, our). In This Privacy Policy we describe how we collect, use, disclose, and otherwise process personal information that we do obtain about users of our website The Function XYZ (Site), our mobile application (The App) and the services available through our Site (collectively, the Site, the App and the services regarding the personal information collected about you. This Policy also outlines your rights and choices regarding the personal information collected about you.
Applicable Terms. Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy Terms of Use and any other relevant agreements, which are available. The applicable Terms are
liability and the resolution of disputes. By disclosing your personal information to us or using 0
personal information in accordance with this Policy and the applicable Terms.
|. What information we collect
We generally collect information about you directly from you, from third parties, and automatic:
information we collect depend on how you use and interact with our Services. While you can browse parts of our Site freely, certain areas and features of our Services require us to process information about you in order to provide you withThe Services.
Information we collect directly from you. Certain of our Services and features require you to register with us. To create an account you must provide your email address, and password. We may also ask or allow you to submit additional account information, such as you to submit additional account information, such as your third party account handle or username, mobile number, profile picture. You can also sign up to receive email newsletters and promotional offers from us by submitting your email newsletters and promotional offers from us by submitting your email address.
User content. lf you choose to create content or submit images, files, messages, comments, ratWe may also collect certain information metadata associated with your content (such as content viewable by other visitors and users of the Services.
Referrals We may receive information about you, such as your name, email address or username if one of your friends refers you to our services.
Other information we collect regarding your usage of our Services We collect information about your user of ourServices, such as information about the types of content you view or engage with within our Services, the people or accounts you interact with, and the time, frequency and duration of your activities. If you use our Services for purchases or other financial transactions, we collect information about your order and transaction history, including the purchases you’ve made.
Communications and support |f you contact us by email, mail, phone, or otherwise regarding the Services, we collect and maintain a record of your contact details, communications, and our responses. If you call us, we may also record calls and maintain logs and records of those calls.
Inquiries and requests We also collect personal information when you submit information to or request information from us or signup for marketing and communications from us
(such as related to The Function XYZ products, features, subscriptions, special offers and upcoming feature releases). The information we may collect includes your name, contact information, and other information.
Information we collect about you from third parties. We may also collect information about you example, we may receive information about you from the third party who helps us fulfill services. For example, we may receive and analyze content, communications, and information about you, such as when others share or comment on a photo of you, send a message, save a song, create a video, or other information.
Other information we collect automatically through our Services We may also collect personal information about how you use the Services (E.g. using cookies and pixel tags), such as IP address, advertising ID, location information, browser type, operating system, hardware and software versions, the website that led you to our Services, the website to which go after leaving our Services, the dates and times you access our Services, and your other activities within The Services.With your permission within your device settings, we may collect information such as geolocation. We may collect network and connection information such as the name of your mobile operator or ISP, language, time zone, or other similar information. We may also use pixels in HTML emails to understand if individuals read the emails, we send to them (usage data). We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. (For more information, see the Cookies and other tracking information section below.
ll. How we use information
We process your information and content, including your personal information, for the following purposes:
Providing and improving our Services. To provide and maintain our Services; to fulfill your orders, or otherwise improveour Services; to develop new features, products, or services;
to authenticate users; to perform technical operations, such as updating software; and for other customer service and support related purposes.
Communicating with you To provide you with the information or services that you have request
inquiries, and for other customer service purposes; and to administer surveys and questionnaire, such as for market research or user satisfaction purposes.
Personalizing content and ads. We may use the information we collect about you (such as your connections, preferences, interests and activities on different Services and devices
based on the data we collect and learn from you and others, and the people, places, or things you’re connected to and interested in on and off our services) to personalize the
information, features and content we display to you, or to make suggestions for you (such as groups or events you maybe interested in or topics you may want to follow). This also includes marketing, promotional and sponsored content, as well as providing you with more relevant ads.
Marketing and communications. To communicate with you about your account and use of our
Services via email, including to send you product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see the Rights and choices section further below for more information about how to change your communications preferences.
Research and analytics. To better understand how users access and use our Services and products, for other research and analytical purposes, such as to evaluate and improve our Services and business operations, develop new features, products, or services, to otherwise improve our Services and user experiences, and for other research, analytical, and statistical purposes.
Artist & Creator Updates to share updated, announcements and relevant content that you opted into sharing from other artists and creators.
In support of our general business operations. Relating to audits and assessments of our business operations, security controls, financial controls, records and information
management program, and otherwise relating to the administration of our general business, accounting, record keeping and legal functions. These purposes are based on our legitimate interest in operating our business and maintaining adequate internal records and safeguards.
Securing and protecting our assets and rights To protect our business operations, secure our network and information technology, assets and services; to prevent and detect fraud, unauthorized activities, access and other misconduct; where we believe necessary to investigate, prevent or take action regarding suspected violations of our Terms and agreements, as well as fraud, illegal activities and other situations involving potential threats to the rights or safety of any person or third party; and as necessary to defend our legal interests and rights.
Complying with legal obligations. To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclose requirements. We may also use your personal information for other purposes, where you have consented.
Aggregate and de-identified information We may also use aggregate and deidentified information for various research, development, product improvement, analytics and other purposes.
Ill. How we disclose information
We may share or disclose the information (including personal information) that we collect as follows: email, spotify id, social account handles,
Affiliates. With our affiliated companies (i.e., our parent company and other companies under common ownership, control or management with us); their use and disclosure of such personal
personal information is subject to this Policy.
Content creators. If you purchase services from a content creator within the Services, the content creator receives a notification from us about your interest in partnering with the administrators, auditors, advisors, consultants, customer service and/or support providers.
Artist & Creator Updates to share updated, announcements and relevant content that you opted into sharing from other artists and creators.
Service providers With our third-party service providers who use this information to perform services on our behalf, such as hosting providers, payment providers, survey administrators, auditors, advisors, consultants, customer service and/or support providers.
Third parties With third parties that provide advertising, campaign measurement, online and/or mobile analytics and related services. These third parties may receive or access browsing history and/or other data about your use of the Sites, in order to help us better reach individuals with relevant ads, measure our ad campaigns and/or to better understand how individuals interact with our Sites over time and across devices. We also share such information to help advertisers and other partners measure the effectiveness and distribution of their ads and services, so they understand the types of people who use their services and how people interact with their websites, apps, and services.
Public profile Public profile information may be disclosed to other website users or visitors, including non-accountholders. Such public information includes your The Function XYZ username, any information you select to share with a public audience, information provided through your public PearPop profile, and content you share on a The Function XYZ page, public The Function XYZ account or any other public forum.
Other users When you communicate using our Services, including to communicate with interested buyers or businesses, these individuals will see the content you send along with your public profile information. We also let registered users see who has viewed their The Function XYZ account.
Legal compliance. In response to a valid court order, subpoena, government investigation, or as otherwise required bylaw. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
Business transfers As part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
Protection of rights Where we believe it necessary to respond to claims asserted against us, to enforce or administrator agreements and terms, for fraud prevention, risk assessment, investigation, to protect the rights, property or safety ofThe Function XYZ, our affiliates, clients, customers and/or others, and/or as evidence in litigation in which we are involved.
involved.
Aggregated and de-identified data We may share aggregate or de-identified information about how people are engaging with posts, listings, pages, videos, and other content on and off the Services with third parties for research, marketing, advertising, analytics and/or other purposes
IV. Cookies and tracking information
We and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities and use of the Services. We may combine this usage data with other personal information we collect about you. We use this usage data to understand how our Services are used, track bugs and errors, provide and improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computers hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the tool bar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies properly if you disable cookies. Some Services may not work properly if you disable cookies.
Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computers hard drive, clear GIFS are embedded invisibly on web pages. We may use pixel tags (also referred to as web beacons, web bugs or clear GIFs), in connection with our Services to, among other things, help us manage ads and content, and compile statistics about usage of our Services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Preference. You can block or disable cookies for the device and browser you are using, through your browser settings; however, certain features on our sites many not be available or function properly if you block or disable cookies. Our Site currently does not respond to do not track signals.
V. Interest based advertising
We may work with third-party ad networks, channel partners, measurement services and others (third party ad companies) to display advertising on our Services, and to manage our advertising on third-party sites, and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect activity information on ourServices (as well as on third-party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information, and with your consent, your devices geolocation information; we and these third-party ad companies use this information to provide you more relevant ads and content and to improve and evaluate such ads and content.
Ad choices. You can learn more about the information collection practices and "opt-out" procedures of many third-party ad companies by visiting www.networkadvertising.org/optout_nonppii.asp. Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or contextual ads on our services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
VI. Third party sites and services
Our Services may link to other websites or online services (including those operated by our parent, affiliates, or others)that use, or are integrated with, our Services, but that are not covered by this Policy. Any access to and use of such linked websites or services is not governed by this Policy, but instead is governed by the privacy policy of those third party websites. We are not responsible for the information practices of such third-party websites.
VII. Security
We have implemented safeguards designed to protect the information we collect from loss, misuse, unauthorized access,disclosure, alteration, and destruction. Please be aware
that despite our efforts no data security measures can guarantee security.
VIll. Rights and choices
In this section we describe the choices you have regarding our collection, use and handling of your personal information.
Access, delete and update information. You may access, update, and delete certain of your personal information by accessing and adjusting your account settings. If you don’t want to delete your account but want to temporarily stop using the Services, you can deactivate your account instead. You may also contact us using the information in the Contact section below to make an access, correction or other privacy request. Please note that we may maintain copies of information that you have updated, modified, or deleted in our business records and in the normal course of our business operations, as permitted or required by applicable law. For example, if you request that we delete our information, but we believe that you have violated our Terms, we may retain information about you in order to attempt to resolve the issue before deleting it. Your access to or correction of your personal information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.
Marketing communications. You may opt-out of receiving email marketing communications from us by using the unsubscribe link in any email we send to you. Or alternatively by emailing us at help@thefunction.xyz. Please note that we may still send you transactional emails, such as emails related to your account or subscriptions.
Third party ads and cookies. As noted above, you can control your cookie preferences on our Sites and opt out of most third-party advertising tags and cookies on our Sites.
IX. Children
Our Services are not targeted and directed at children under thirteen years of age (13) and we do not knowingly collect any personal information from a child under 13. If you believe we have inadvertently collected personal information about a child, please contact us and we will take steps to delete this information
VII. Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We post any changes to
this Policy on our Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our services.
X. Contact us
If you have questions about this Policy, you can contact us by emailing info@thefunction.xyz.
2023 The Function XYZ. All rights reserved.