Effective as of July 1, 2021
Your information privacy is extremely important to us. We have prepared this Privacy Statement to explain how we collect, use, protect, and disclose information and data when you use the Dreams Animation website (“Site”) and any Dreams Animation mobile application, any RSS feed or application programming interface (API) made available by Dreams Animation, and any other service offered by Dreams Animation such as chat, telephone based customer service interactions, and online training. (“Services”). This Privacy Statement also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Statement applies to all users of the Site and Services.
BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY STATEMENT. PLEASE READ IT CAREFULLY.
1. Managing Your Information Preferences
You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by e-mailing us at [email protected] or, if your account type on the Site allows you to change the relevant settings, by changing the relevant settings in your account on the Site. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account or an order. If you have questions or concerns regarding this Privacy Statement, please e-mail us at the same address.
2. Information We Collect
We collect information that personally identifies you, such as your name, address, phone number, mobile phone number, e-mail, payment information, your location using GPS coordinates, and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”). You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, when you place an order, and at other times.
Usage Data and Site Activity
We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, the websites you visit before and after visiting the Site, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.
For certain Applications that we may ask for location data and/or access location permission (Android apps may ask for precise location (GPS and network-based)). This allows the app to enable scanning for, connecting to, and maintaining a reliable Bluetooth connection with supported technology and/or devices, even when the app is in the background or not in use.
This allows us to provide the optimal experience for our customers and end-users to ensure any technology and/or services (including apps) can reliably connect with approved partner technology and/or devices. We do not share, track, store, or access any geolocation data beyond the Zip Code and/or country that a user may provide when creating an account.
Cookies and Anonymous Identifiers
We collect device-specific information (such as your unique device identifiers). We may associate your device identifiers with your account.
We contract with third party analytics services such as Google Analytics, Flurry and TV Page on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/. For more information about how to opt out of having your information used by Flurry, visit https://developer.yahoo.com/flurry/end-user-opt-out/.
3. How We Use Information and When We May Share and Disclose Information Generally
We use Personal Information for internal purposes only, such as to provide you with the Site and Services, including to send you alerts about your account, to fulfill your orders, to improve the Site and Services, to notify you of new products or services, to personalize the Site and Services and our communications and advertising, and to otherwise communicate with you about our Company. We may also use your Personal Information to provide more relevant search results from the search functions of the Site and the Services. We may combine information we receive about you from different areas and aspects of the Site and Services and from other sources. We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Statement. We may disclose to third parties, certain aggregated Usage Data regarding the Site and Services.
4. Personal Information You Make Available to Others
By using the Site or the Services you may make parts of your Personal Information visible and available to others. For example, when you post a comment or a photo on the Site other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.
5. Service Providers
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as development, customer service calls (web-based chat, telephone, e-mail), hosting and maintenance, data storage and management, shipping product and publications, advertising, marketing, surveys and promotions, and online training. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
6. Advertising and Online Tracking
We may allow third-party companies to collect certain anonymous information when you visit the Site and Services. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you on other websites. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us. You can learn about this in the “Managing Your Information Preferences” section of this Privacy Statement.
7. Notice to California Residents/Your California Privacy Rights : How we share your information.
To opt out of sharing your Personal Information with third parties for their direct marketing purposes, please e-mail us at [email protected] and clearly state your request, including your name, mailing address, e-mail address and phone number. Please see Section 1 (Managing Your Information Preferences) above for additional information.
Dreams Animation has not, does not and will not sell personal information.
8. Other Transfers
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Statement.
9. Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
10. Be Careful When You Share Information with Others
Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
12. Third Party Websites and Social Platforms
Our Site and Services may contain links to and from other websites or allow you to share content on third party websites or social platforms, such as Facebook and Twitter. A link to a third party’s website or social platform does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third party websites or social platforms; you access such third-party websites or social platforms at your own risk. You should always read the privacy Statement of a third-party website and social platform before sharing any information on or with them.
13. Children’s Privacy
The Site and Services are intended for users who are 16 years old or older. We do not knowingly collect Personal Information from children under the age of 16. If we become aware that we have inadvertently received Personal Information from a child under the age of 16, we will delete such information from our records. California users under the age of 18 may request the removal of their content or information publically posted on the Site or Services by e-mailing us at [email protected]. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.
14. Processing in the United States and Other Countries
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store information both in the United States and in other countries. The laws in the United States or other countries may not be as protective of your privacy as those in your location. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
15. Notice to EU Residents / Compliance with the General Data Protection Regulation (GDPR) and to California Residents / Compliance with the California Consumer Privacy Act of 2018 (CCPA)
In addition to the notice provided above, the following notice applies to EU and California data subjects. In the event there is a conflict between the two as it applies to EU and California data subjects, this section shall take precedence. For purposes of this Section 15, the term “Personal Data” shall have the meaning given by Regulation (EU) 2016/679.
The Types of Personal Data That We Collect
- Personal Data that you provide to us.
- From customers: Name, mailing or billing address, telephone number, or email address, email preferences, password for your Account and password hint question, guitar(s) registered (including, where provided, purchase information such as guitar serial number, location purchased from (including dealer name), date purchased), and credit card data that enables us to receive your payment for Dreams AnimationWare purchases or repairs.
- From job applicants: Name; phone number; home and e-mail addresses; driver’s license or passport; Social Security number; marital status; family member information; financial information; professional career/employment information; and healthcare information.
- Personal Data collected by automated means. Usage information may include, among other things, browser type, operating system, the page served, the time, the type of content being transmitted (e.g., video content) or application being used, how many users visited the Sites, preceding page views, and network traffic information.
- Device identifiers. IP address, MAC Address or other unique identifier for the computer, mobile device, Wi-Fi card, technology or other device you use to access the Services.
- Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them).
- Web beacons. Includes the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the data in Cookies set by third parties.
Purposes for the Processing of Personal Data; Legal Basis
We process your Personal Data on the following legal bases, and for the following purposes:
- For entering into and performing the contract between you and Dreams Animation (to provide the Services and process payment information);
- For our legitimate business interests (fulfilling guitar registration incentives, fulfilling orders for Dreams AnimationWare purchases and repairs, fulfilling email subscriptions for the Dreams Animation Insider, responding to customer service inquiries, to provide the Services to you, respond to requests that you make, manage our network and business, provide training and support, improve the Services, and better tailor content, advertisements, offers and the features, performance and support of the Services);
- With respect to cookies and other similar technologies, based on your consent and/or opt-out mechanisms as required by Directive 2002/58/EC and any successor legislation;
- For visitors to the Dreams Animation web site(s) or properties, users of mobile applications, or participants in social media channels, based on your consent;
- For purposes disclosed at the time you provide your Personal Data or otherwise with your consent; and
- To comply with our legal obligations.
We do not use your Personal Data for any automated decision making covered by Articles 22(1) and (4) of Regulation (EU) 2016/679.
Recipients of Personal Data
In order to provide the Services, carry out your requests, make various features, services and materials available to you through the Services and respond to your inquiries, we may share your Personal Data with third parties that perform functions on our behalf, such as companies or individuals that: (a) process your order or application, manage your account, or send you information about products and services that you have purchased; (b) host or operate our Sites; analyze data; provide customer service; or manage payments; and (c) sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance. In such cases, such third parties are not entitled to use this data for any other purpose.
Your Access and Choices
If you are an EU or California resident, for questions about the collection of Personal Data by Dreams Animation, or to exercise the right to access, correct, update, or delete such data or object or restrict, for legitimate purposes, to the processing of Personal Data for which Dreams Animation is the data controller, as provided under applicable law, please click here .
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
- Complete your transaction;
- Provide you a good or service;
- Perform a contract between us and you;
- Protect your security and prosecute those responsible for breaching it;
- Fix our system in the case of a bug;
- Protect the free speech rights of you or other users;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
California residents have the right to submit a request to Access, Delete or a request disclosure of the categories and specific pieces of personal information that Dreams Animation has collected. To learn more about your rights and submit your request.
You have the right not to be discriminated against for exercising any of the consumer’s rights granted by law.
There may be cases where restrictions on the amount of data that can be disclosed to data subjects under applicable law (for example, if that would necessarily involve disclosing data about another person). Dreams Animation is permitted to withhold some types of Personal Data in certain circumstances, subject to applicable local law requirements. If there is a dispute, please contact Dreams Animation using the contact information provided below in the Contact Information section. In addition, data subjects have the right to lodge a complaint with a supervisory authority.
Transfer of Personal Data to a Third Country; Appropriate Safeguards
Personal Data collected by Dreams Animation may be stored or processed in the United States or in any other country where Dreams Animation or its affiliates, subsidiaries, or third party service providers operate or maintain facilities. EU data subjects who provide Personal Data to Dreams Animation acknowledge the processing and transfer of that data to the United States and around the world. Dreams Animation will execute agreements with third parties for the transfer of personal data outside of the EU. These agreements may use European Commission-approved Standard Contract Clauses and/or employ additional or alternative appropriate safeguards.
Personal data is retained by Dreams Animation no longer than necessary to execute its obligations to (1) former employees to provide post-employment benefits; (2) clients or business partners under applicable contracts; or (3) customers with respect to warranty and support of Dreams Animation-produced goods or related services.
Right to Withdraw Consent
If you are an EU or California resident, you may withdraw your consent at any time by following the process for submitting a Data Subject Access Request outlined; however, Dreams Animation will not be able to provide or continue to provide Services or marketing communications to you.
We do not intentionally gather Personal Data about Users who are under the age of 16. If we become aware that we have collected Personal Data from a child under the age of 16, we will make reasonable efforts to delete such data from our records.
16. Privacy Statement Changes
We may change this Privacy Statement from time to time. If we decide to change this Privacy Statement, we will inform you by posting the revised Privacy Statement on the Site. Those changes will go into effect on the “Revised” date shown in the revised Privacy Statement. By continuing to use the Site or Services, you are consenting to the revised Privacy Statement.