Last Updated: 12 July 2023
TouchTunes UK Limited (“TouchTunes”, “we” or “us”) values its customers and respects your privacy and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through our websites that link to this Privacy Policy, including those currently located at TouchTunes.com; our TouchTunes mobile apps; and our TouchTunes network of jukeboxes and jukebox locations (collectively, the “Network”).
Please note that this Privacy Policy does not apply to information collected through any means other than the Network. However, you may opt out from certain uses and disclosures of your Personal Information by us with respect to all Personal Information (as defined below) collected by us, regardless of whether such information is collected through the Network or otherwise, to the extent described below under the “Choices and Access” section.
TABLE OF CONTENTS
Updates to this Privacy Policy
Personal Information We Collect
How We Use Personal Information
How Personal Information Is Disclosed
How We Collect Other Information
How We Use and Disclose Other Information
Third Parties and Third-Party Sites
Additional Information Regarding the EEA
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time. Any changes we make to this Privacy Policy in the future will be posted on this page and, as appropriate for material changes, notified to you where we hold your contact details. Please refer to the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above.
PERSONAL INFORMATION
We collect two types of information through the Network: Personal Information and Other Information. “Personal Information” is information that identifies you as a specific individual. Other Information is discussed separately below, under the “Other Information” heading.
Personal Information We Collect
We and our service providers may collect certain Personal Information, such as:
- Name
- Address
- Telephone number
- Email address
- Physical location of your device (for more detail, see the section entitled, Physical location, below)
- Information related to your method of payment
- Your photographic depiction (e.g., in a profile photo or “PhotoBooth” photo), if you decide to provide one
We may use a third-party payment service to process payments made through the Network. If you wish to make a payment through the Network, your Personal Information may be collected by such third party and not by us and, if so, will be subject to such third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.
Physical location: We and our service providers collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We need your device’s physical location to provide you with access to our network of jukeboxes and jukebox locations. We may also use such information to provide you with other personalized location-based services and content, including for marketing purposes, based on the choices you have made with respect to such uses. We may also use such information to understand traffic patterns in, near and across the venues where our jukeboxes are located. We may share aggregated statistics derived from the location and other information we collect with advertisers and other third parties. You may be permitted to allow or deny such collection of your device’s location, such as through the settings on your mobile device. If you choose to deny such collection, we and our service providers may not be able to provide you with certain personalized services and content.
Please note that if you use Facebook or any other third-party social media account in connection with the Network (e.g., by registering for an account on the Network using any such social media account, or linking your Network account with any such social media account), then we will receive some information, including Personal Information (such as your birthdate and gender), applicable to you or your friends through such third-party social media platform, and we will use and disclose such information in accordance with this Privacy Policy. Similarly, if you link your Spotify or other music service account to the Network, we will receive information, including Personal Information, about music you have played, and we will use and disclose such information in accordance with this Privacy Policy.
We may receive your Personal Information from other sources, such as public databases, joint marketing partners, payment processors and facilitators, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties.
IF YOU SUBMIT ANY PERSONAL INFORMATION TO US RELATING TO ANYONE OTHER THAN YOURSELF, YOU CONFIRM THAT YOU HAVE OBTAINED FROM THAT PERSON ANY CONSENTS NECESSARY FOR THE USE AND DISCLOSURE OF THAT PERSON’S PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
How We Use Personal Information
We and our service providers use Personal Information for legitimate business purposes, including:
Providing the Network and fulfilling your requests.
- To respond to your inquiries and fulfill your requests, including to contact you, if necessary.
- To process and fulfill your song plays and other orders, for example by confirming your order and your billing information, processing your payments, delivering your products and communicating with you regarding your song play or other order.
- To send important information to you regarding the Network, changes to our terms, conditions and policies, and other administrative information.
- To allow you to send messages to other users of the Network, or to friends through the Network.
- If you are a pub/bar owner or employee who signs up for our Bar Rewards Loyalty Program or other pub/bar owner or employee loyalty program, to facilitate your participation in the program.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and facilitating social sharing
- To send information to you by email, postal mail, telephone and other means about our products and services, and those of our subsidiaries and other affiliated entities (“Affiliates”).
- To facilitate social sharing functionality that you choose to use.
We will engage in these activities with your consent or where we have a legitimate interest.
Providing personalized services.
- To help us improve our users’ experience, including by learning more about your preferences to help personalize your experience with us.
We will engage in this activity either with your consent or because we have a legitimate interest.
Allowing you to participate in promotions.
- To allow you to participate in sweepstakes, contests and similar promotions, and to administer such activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read any such rules carefully — in the event of a conflict between those rules and this Privacy Policy, those rules will govern.
We will engage in these activities to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information.
- We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
Accomplishing our business purposes.
- For data analysis, such as to improve the efficiency of the Network;
- For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
- For fraud and security monitoring purposes, such as to detect and prevent cyberattacks or attempts to commit identity theft;
- For developing new products and services;
- For enhancing, improving or modifying the Network or our other services;
- For identifying usage trends, such as understanding which parts of the Network are of most interest to users;
- For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
- For operating and expanding our business activities.
We will engage in this activity because we have a legitimate interest.
How Personal Information Is Disclosed
We and our service providers may disclose Personal Information as follows:
- To our third-party service providers that provide services such as hosting, data storage, data analysis, payment processing and facilitation, order fulfillment, IT services and infrastructure, customer service, email delivery, auditing and other services, to enable them to provide services.
- To our Affiliates and to other third parties for their own marketing and other purposes, subject to your consent, if required by applicable law. TouchTunes UK Limited is the party responsible for the management of the Personal Information shared with our Affiliates and other third parties for these purposes. See Schedule A for a list of our Affiliates.
- To third-party sponsors of sweepstakes, contests and similar promotions, subject to your consent, if required by applicable law.
- To identify you within the Network, and to your friends and other persons to whom you send messages through the Network.
- As a result of posts or other disclosures by you, including on message boards, “check-in” functionality, chats, profile pages and blogs, and other services through which you are able to post information and materials.
Please note that any information and materials that you post or disclose through such services, any music plays or playlists that you make or similar activity that you perform, any locations that you visit, and any DJ name, user name or profile photo that you select, may become public, may be associated together, and may be available to visitors to the Network, to your friends and other users on any applicable third-party social media platform, and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the Network. Please do not use your real name as your DJ name or user name. If you register for an account on the Network using a social media account, please note that your suggested DJ name or user name on the Network may be pre-populated with your profile name from such social media account; if so, we recommend selecting a different DJ name or user name for the Network that does not contain your real name.
Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:
- To comply with applicable law and regulations.
- This can include laws outside your country of residence.
- To cooperate with public and government authorities.
- To respond to a request or to provide information we believe is important.
- These can include authorities outside your country of residence.
- To cooperate with law enforcement.
- For example, when we respond to law enforcement requests and orders or provide information we believe is important.
- For other legal reasons.
- To enforce our terms and conditions; and
- To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
- In connection with a sale or business transaction.
- We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.
OTHER INFORMATION
“Other Information” is any information that does not identify you as a specific individual.
Other Information We Collect
We and our service providers may collect Other Information such as:
- Browser and device information (for more detail, see the section entitled, Through your browser or device, below)
- Server log files
- App usage data
- Information collected through cookies and similar technologies
- Physical location of your device (for more detail, see the section entitled, Physical location, below)
- Demographic and profile information, and other non-personally-identifiable information provided by you
How We Collect Other Information
We and our service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected through your device, such as your device manufacturer and model, configuration settings, battery level, device identifier, screen resolution, and the type and version of your operating system and browser. We may use this information to, among other things, ensure that the Network functions properly. In addition, an Internet Protocol (IP) address (, a number that is automatically assigned to a device by an Internet Service Provider) is logged automatically in our server log files whenever a user visits the Network, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Network.
- Through your use of our apps: When you download and use any one of our apps, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers, how you use the app, what information and files have been downloaded to the app based on your device number, and your purchase and consumption history. Some of this information may be collected by Facebook, which may use it in accordance with its privacy policy, located at https://www.facebook.com/about/privacy.
- Using cookies:Cookies allow a web server to store data on a user’s device for recordkeeping and other purposes. We only use essential cookies to facilitate your ongoing use of the Network. To learn more about cookies, please visit https://www.allaboutcookies.org/. If you choose to decline cookies, then some or all features of the Network may not be available to you.
- Local Stored Objects:We and our service providers may use a third-party technology in connection with the Network, including our online content, providing a facility, called Local Stored Objects (“LSO”). LSOs allow a website operator or online content provider (or their service providers) to store certain information locally on an individual’s device; for example, LSOs can be used to store information regarding an individual’s device. If you do not want LSOs stored on your device, you can adjust the settings of your browser to reject local storage.
- Software Development Kits:We and our service providers use Software Development Kits (“SDKs”), including from Facebook, and other technologies in connection with some pages of the Network and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of Network users and email recipients, measure the success of marketing campaigns (known as “attribution”) and compile statistics about usage and response rates. These technologies may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.
- From you:We and our service providers may collect demographic and profile information such as your city, province, state or postal code of residence, as well as other information, such as your preferred means of communication and your music preferences, playlists, education, hobbies, occupation, employer and information about your employer, when you voluntarily provide this information to us or our service providers. Unless combined with Personal Information, this information does not personally identify you or any other user of the Network.
How We Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes described above, as well as for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.
In some instances, we may combine Other Information with Personal Information (such as combining your ZIP or postal code with your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.
THIRD PARTIES AND THIRD-PARTY SITES
If you submit any information, including Personal Information, to any third party — for example, via a third-party software application or service, including, but not limited to, using a payment processor to buy credits on a jukebox or on the TouchTunes mobile application, any social media service, that is included in, available through or linked from the Network — then such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and will not be governed by our Privacy Policy. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.
In addition, if you submit any information, including Personal Information, through the “Careers” section of the Network, please note that TouchTunes and a third party (the “Career Information Collector”) will each separately and simultaneously collect a copy of such information. This Privacy Policy will govern TouchTunes’ disclosure and use of any such information as collected by TouchTunes, and the Career Information Collector’s Privacy Policy (currently available at https://newtonsoftware.com/applicants-privacy-policy/) will govern any disclosure and use of any such information as collected by the Career Information Collector. TouchTunes has no control over, and is not responsible for, any use or disclosure of any information as collected by the Career Information Collector.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USAGE, DISCLOSURE OR OTHER PRACTICES OF ANY THIRD PARTIES, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, THIRD-PARTY PAYMENT PROCESSORS AND FACILITATORS, ANY THIRD-PARTY SOCIAL MEDIA PLATFORM PROVIDER (SUCH AS FACEBOOK, TWITTER OR FOURSQUARE), ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS THROUGH WHICH THE NETWORK IS AVAILABLE (SUCH AS APPLE INC. OR GOOGLE INC.) AND ANY THIRD PARTY OPERATING ANY SITE TO WHICH THE NETWORK CONTAINS A LINK. THE INCLUSION OF A LINK ON THE NETWORK DOES NOT IMPLY THAT WE ENDORSE THE LINKED SITE.
“DO NOT TRACK” SIGNALS
Please note that the Network will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal or similar mechanism is received from your browser.
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data storage or data transmission over the Internet can be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.
Please exercise caution in submitting Personal Information through the Network, especially if you are accessing the Network using a WiFi hotspot or public network. If you have reason to believe that your use of the Network is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please let us know immediately, using the mechanisms described in the “Contacting Us” section below.
CHOICES AND ACCESS
Your Choices Regarding Our Use and Disclosure of Your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Receiving promotional messages from us based upon your Personal Information:If you no longer want to receive promotional messages from us based upon your Personal Information, going forward, please follow the opt-out instructions contained in each such message. Please note that we may still send other messages to you, such as administrative messages.
- Our sharing of your Personal Information with Affiliates and other third parties for marketing purposes:If you no longer want us to share your Personal Information going forward with our Affiliates and other third parties for marketing purposes, regardless of whether such information is collected by us through the Network or otherwise, you may opt-out of such sharing by sending a request to us as set out in the Contacting Us section.
We will comply with your request(s) as soon as reasonably practicable.
How You Can Access or Change Your Personal Information
We welcome your willingness to update your information with us. You may review or ask us to update your Personal Information with TouchTunes by visiting the “myAccount” page on the TouchTunes mobile application. You may also request to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, object to the processing of Personal Information, or request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law) by contacting us at the address provided in this Privacy Policy.
We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period under applicable law). For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note, however, that certain Personal Information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims. If an exception applies, we will tell you this when responding to your request. We may need to retain certain information for recordkeeping and other purposes.
RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the Network to you (for example, for as long as you have an account with us or keep using the Network);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
USE OF NETWORK BY MINORS
The Network is not directed to individuals under the age of sixteen and we do not knowingly collect any Personal Information from individuals under the age of sixteen. If you are under the age of sixteen, please do not use the Network or provide any Personal Information to us.
If you are under the age of sixteen and we learn that we have inadvertently obtained Personal Information from you from our websites, or from any other source, then we will delete that information as soon as practicable.
Please contact us at general@touchtunes.com, if you are aware that we may have inadvertently collected personal information from an individual under the age of sixteen.
SENSITIVE INFORMATION
We do not collect special categories of data. Special categories of data include information about physical and mental health, sexual orientation, racial or ethnic origin, political opinions, philosophical belief, trade union membership and biometric data. We ask that you not send us, and you not disclose, any special categories of data on or through the Network or otherwise to us.
CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in countries outside of the UK or the European Economic Area (EEA) where we have facilities or in which we engage service providers, and, by using the Network, you understand that your information will be transferred to countries outside of your country of residence, including the United States and Canada (including Quebec), which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
ADDITIONAL INFORMATION REGARDING THE EEA: If we provide any personal information about you to any such non-UK and non-EEA members of our group or suppliers, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this privacy policy. These measures may include the following:
- ensuring that there is an adequacy decision by the UK Government in the case of transfers out of the UK, or by the European Commission in the case of transfers out of the EEA, which means that the recipient country is deemed to provide adequate protection for such personal data; or
- where we have in place standard model contractual arrangements with the recipient which have been approved by the European Commission (or the UK Government for transfers out of the UK). These model contractual clauses include certain safeguards to protect the personal data.
You may obtain a copy of these measures by contacting us as set out in the Contacting Us section.
CONTACTING US
If you have any questions about this Privacy Policy, please contact us by email at general@touchtunes.com, or please write to the following address:
TouchTunes UK LTD
4 Greenland Place
Camden, London NW1 0AP
Please note that emails are not always secure, so please do not include credit card information or other sensitive information in any email to us.
For European Union data processing enquiries, our EU Representative is Data Protection Representative Limited (DataRep) and you may contact them by email at datarequest@datarep.com (include ‘TouchTunes’ in the subject line), by using this web form, or by writing to:
DataRep
The Cube, Monahan Road, Cork, T12 H1XY
Republic of Ireland
ADDITIONAL INFORMATION REGARDING THE EEA
You may also lodge a complaint with the Information Commissioner’s Office, or the data protection regulator in the country where you usually live or work, or where an alleged infringement of applicable data protection laws has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.
Schedule A
TouchTunes Music Group, LLC (f/k/a The Octave Music Group, Inc.)
TouchTunes Music Company, LLC (f/k/a TouchTunes Music Corporation)
TouchTunes Digital Jukebox, Inc.
Soundnet Limited