Effective: January 22nd, 2016
Please be aware that MyTractice, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States.
Who We Are
We are Omamo LLP. See the Terms and Conditions of Use for additional information. We provide an internet and mobile application based service including the app below:
Information We Collect
MyTractice collects information to operate our business and provide you with innovative music education solutions. We collect both Personal Data and Other Information in support of these efforts.
Generally, we do not consider Other Information to be Personal Data. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Data.
We collect Personal Data in the following ways:
When you set up a MyTractice account, we will collect your name, username and password, email address, date of birth, and location (e.g., country). We may also collect your postal code, contact number and information about your mobile device (e.g., name of your wireless carrier and device identifier). In addition, we may collect certain demographic information at registration to tailor our Services to your needs, such as age, gender, fitness and physical characteristics, and sport preferences.
Performance Data: We collect your Performance Data to help you track your practice activity levels, goals and progress, to provide you with feedback (such practice insights and product recommendations) and to help us run our business.
We collect Practice Performance Data in several ways:
Here are some examples of Performance Data we collect:
Location Data: We may collect precise location data as part of the functionality of our Services. For example, to understand the time, duration and locations in which your optimum practice results are achieved and you have enabled geolocation tracking, we will collect your Location Data as you practice and produce practice insights for you. We collect Location Data through the Services so we can offer you certain location-based services (like practice tracking described above), provide advertisements that are relevant to your geographic location, and conduct analytics to improve the Services.
We collect Location Data in several ways:
The way in which we collect Location Data is different depending on whether you are accessing the Services through a website or a mobile application. The collection of your Location Data may occur even when our Services are not actively open and running.
If you are accessing the Services through one of our mobile applications, the way we collect Location Data will differ depending on your mobile device’s operating system. In all events, we do not collect Location Data, unless you have “allowed” its collection. If you decline to allow Location Data collection in the app, we will not collect your Location Data unless you manually enter it in.
Other Information: We may collect Other Information about your use of our Services. This includes, for example, your device type, carrier provider, browser type, operating system, internet domain and host name, date and time of access as well as referring and onward URL, as well as transactional data about the activities you undertake and how you interact with the Services, such as what data is displayed, clicked on or shared, the click stream patterns, and the length of time spent on each site or page; and searches you may conduct on the Services.
Note on In-Store Tracking: We may collect Location Data in our business partner or third party stores in order to better understand musician preferences and provide product recommendations. If you allow push notifications, Location Data and push notifications may be leveraged to reach out to you if we detect you are in a store related to any aspect of music education. For example, musical instrument accessories, concert promotion or ticket sale
When you connect with us through social media, we may collect account or profile information.
As you browse our products online or submit product inquiries, we may collect Personal Data such as your contact information and your specific requests. We also may collect information about whether or not you completed the purchase, your purchase details, refunds and other transaction information regarding your purchases, such as the product purchased and price you paid. If we are able to associate the purchases with an account you have registered with us (for example, if you use a common credit card, or provide a common email address at the time of purchase) we may add that purchase and transaction information to your account information. We also may collect Other Information when you browse our products but do not make a purchase, such as which products you added then removed from your shopping cart, the order in which you browsed and whether and how these actions appeared to impact the shopping experience. We do this using Data Collection Tools, as described in more detail below.
If you are accessing third-party products and services that we have made available to you via the Services, we may collect your name, email address, city, payment information, and more, in connection with your registration for and access to those services. For example, we may allow you to register and pay for third-party products and services through the Services. We will only collect and share Personal Data with third parties with your permission.
We may sponsor contests, challenges, sweepstakes and other promotions (“Promotions”) and we may request that you provide Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win, we also may need to collect certain tax information, waivers and releases, depending on the prize.
We may also launch surveys that ask you to answer questions about a range of topics from personal information to brand and product preferences.
Additionally, with your consent we may share your Personal Data associated with a Promotion with our business partners that sponsored or were involved with that particular Promotion.
If you have registered or created an account with us, we may obtain demographic information about you from reputable third-party sources to help us improve our communication with you, give us better consumer insight into your needs and improve our business. We may combine your Personal Data, Performance Data and/or the Location Data with information we obtain from our Services, other users, or third parties to enhance your experience and improve the overall quality of our Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the MyTractice Services you use from a single page. For example, we may obtain updated email address information from email-change-of-address vendors or purchase third-party marketing data and address information and add it to our database to better direct our advertising and provide pertinent offers we think you are more likely to be interested in.
We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events and other community forums sponsored by or affiliated with MyTractice. These forums are public, so please exercise care in deciding what information and content you wish to disclose. We have the right, but not the obligation, to monitor any activity and remove content within the comment fields, message boards, events and other community forums on the Services (e.g., in order to protect other Musicians). Please review our “Community Guidelines” (found in our Terms and Conditions) for more information regarding appropriate use of our online communities.
How We Use Personal Data
MyTractice uses the data we collect to operate our business, advertise and provide our Services, improve existing services, develop new products and services, and to improve and personalize your experiences interacting with us. We also use your Personal Data to communicate with you and to deliver advertising that may be more relevant to you.
We use the information we collect to:
We use the data we collect to provide the Services that we offer. This includes operating, maintaining, and providing you with all of the content and features of the Services. For example, tracking your practice session against your goals, display of your live location and processing your payment for purchases.
We also use the data that we collect for our internal business operations. For example, we use data to better understand our business, analyze our operations, improve the Services, and to develop new Services to support your practice goals. We may also use the data to track, for example, the total number of visitors to or users of the Services, the number of visitors to each page of the Services, and the domain names of our visitors’ Internet service providers to analyze our business operations and performance.
We use the Personal Data we collect to personalize your experience with our Services. This allows us to present products and information tailored to you, your interests and location, and to provide you with specialized event content based on your location. For example, some of our Services will give you the option to allow us to use your Location Data to recognize when you have entered an MyTractice store or MyTractice section and to provide you with products and information that we think may be of most interest to you (service specific information on location tracking). In addition, with your consent, your Performance Data may be leveraged to provide you with product and service recommendations. Our use of Personal Data will also allow you to participate in social sharing on our Services, connect and communicate with other users of our Services, and to create and manage your account.
We also use Personal Data to better understand our Musicians and the people who use our Services. This helps us to innovate, plan and design new products, services, features and functionality that our Musicians need and want.
We use the data we collect to provide third parties with the information necessary to enable those third parties’ fulfilment of the products or services that a Musician or music teacher has requested. We also use the data to better understand a Musician and music teacher’s preferences and to enhance our Services. In addition, we may use the data within our Services to assist Musicians in meeting their practice goals.
We and our business partners may use the Personal Data and Other Information we collect to conduct commercial or academic research on demographics, interests, and consumer preferences to gain insights about our Musicians, the products and services Musicians use and also to develop innovative products and services for our Musicians and music teacher. This analysis may be leveraged and shared outside of MyTractice. For example, we may use our analysis of practice time information to assist a local businesses in identifying and tailoring most suitable advertisements. This research may be compiled and analyzed by MyTractice, one of our business partners or a third-party on an aggregate or de-identified basis in a way that does not identify you personally.
We use the data we collect, including Personal Data in some cases, to protect the security of our Services, employees and users, to detect and prevent fraud, to resolve disputes and to enforce our agreements and contractual commitments.
After you have registered or created an account with us, you have a choice of receiving announcements via email, push notifications, or text message about us, our products, Services, special events or promotions. If you consent to such messages, we may use your Personal Data and Other Information to communicate with you about the MyTractice products or Services you have purchased or used and to notify you of other products, promotions and Services we think may be of interest to you. You can manage your communication preferences by registering for and logging into your account.
We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
Additionally, when you request it, we will use your Personal Data to enroll you in contests, programs, or offers. We also may use your Personal Data to notify you of promotions and other special offers.
We use the Personal Data we collect during contests, challenges, sweepstakes and promotions to administer the Promotion, verify identity and age, and to communicate with you about the challenge or about other offers. We also collect and use survey information to improve your customer experience and to improve our business, products, and services.
With some challenges, promotions and surveys, we may ask questions so we can conduct market research. Sometimes we will ask questions that we know our business partners are interested to learn. Other times, we will ask questions on behalf of our business partners. In these cases, we may share your responses with these business partners for their own market research and communication purposes. For example, we may ask whether you prefer coffee or tea in the morning, and share your response with our coffee company partner. To opt-out of this kind of collection and sharing, you can decline to answer these kinds of questions or decline to participate in the challenge or survey altogether.
How We Disclose Personal Data
We share Personal Data among our MyTractice family of companies. We do this to run our business more efficiently and to have a better understanding of our Musicians and music teachers across all of our business lines.
We also work with partners, vendors, distributors, and suppliers. These third parties may have access to or process your Personal Data, but only to the extent it is necessary for them to (1) provide their products and services to us, or (2) to provide you the products and services that you have requested. For example, we may use third-party providers to assist us with marketing and advertising our products and Services, delivering customer service and support (for example, when you have a question, complaint or technical issue with your account), and for e-commerce order fulfilment.
Personal Data that is collected through the Services may be used or disclosed to third parties in order to enable us to provide Services. For example, the MyTractice website may allow you to interface with a third-party website or application, such as PayPal or FedEx.
In addition, with your knowledge and consent, our Services may gather and transfer information from other applications, functions and tools within your mobile device.
Note that HealthKit Data is not used for marketing and advertising.
Any information you post or disclose in our community forums (for example, Facebook, YouTube, Twitter, or other sponsored pages on the MyTractice Blog) is public. We cannot control the use of information disclosed in community forums, such as bulletin boards, blogs, chat rooms, and networking functions of mobile applications. Exercise caution when disclosing information in these public areas, and be careful what Personal Data you disclose and how you disclose it. Content posted in our community forums, including advice and opinions, represents the views of the individuals who post that Content and such individuals bear sole and exclusive responsibility for the posting of that content. MyTractice does not necessarily endorse, support, verify, or agree with any content posted in our Community Forums. Please see our Community Guidelines for more information.
If we should ever merge with another company, or if Omamo LLP should decide to buy, sell, or reorganize some part or all of its business, we may disclose or transfer, to the extent permitted by law and in compliance with any applicable requirements to notify you, your Personal Data to prospective or actual purchasers or successor entities in connection with one of these transactions or reorganizations.
We may be required to disclose your Personal Data if: (i) it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) such a disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) it is necessary to protect our legal rights or property, or (iv) it is necessary to protect the legal rights or property or physical security of others, or for the prevention or detection of crime and such disclosure is lawful.
MyTractice is committed to protecting the security of your Personal Data. We use technical and organizational measures designed to protect your information against unauthorized access, theft, and loss. We also recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.
MyTractice will retain your Personal Data for as long as you maintain an Account or as needed to provide you the Services. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
How We Use Data Collection Tools and Online Advertising
We use several different types of cookies:
Some of our websites and Services such as e-mail updates may contain electronic images called “web beacons” (sometimes known as one pixel GIFs, clear GIFs or pixel tags). Web beacons allow us to count visitors who have viewed content on websites or pages. In promotional e-mail messages and newsletters, web beacons allow us to count how many subscribers have read them. They also allow us to develop statistical information about the activities and features that most interest our Musicians and Music teachers in order to provide more personalized content. We do not use web beacons to access your Personal Data without your consent.
We display ads on websites and mobile applications that we own and operate. Through our Ad Partners, we also display ads for our MyTractice family of companies on websites and mobile applications of third parties. When you visit one of our websites or view ads that we or our Ad Partners serve elsewhere on the web, you may see different kinds of ads, such as text next to search results or video on web pages. Sometimes, these ads are based on the content of the pages on which they appear. Other times, they are generated when our Ad Partners match the ad to your interests, as inferred from your online activities. This is known as interest-based advertising. The goal is to show you ads that will most interest you.
To meet this goal, we and some of Ad Partners use technologies like cookies and web beacons to collect information about your interaction with our Services and other third-party websites (“Online Data”). Typically, Online Data is aggregated with other data to create segments – groups of users and certain general interest categories that our advertising partners have inferred based on a variety of factors (for example, “music fan”). Online Data can include information about:
We and our Ad Partners use this Online Data to serve ads online that interest the audiences with whom we interact – including you.
In addition, our Ad Partners use this Online Data for a variety of other purposes, including (a) in conjunction with advertising that appears on our website or other websites, (b) to report website traffic, statistics, advertisement data and other interaction with ads and the websites on which they are served, and (c) to measure the effectiveness of web-based and e-mail ads.
Managing Your Privacy Settings
We provide you several ways to manage your privacy settings:
The Omamo LLP apps are designed for your practice benefit. As such, you are able to control what and with whom you share your Personal Data. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. In the interest of safeguarding your Personal Data, we have outlined some initial default sharing settings.
As we integrate our existing Services and roll-out new Services the default setting for sharing for MyTractice applications is set as follows.
As a user of our Services, you have a number of ways you may communicate your privacy preferences to us. a. Setting your browser to reject cookies If you don’t want cookies, you can set your computer to (a) warn you each time a cookie is being sent or (b) turn off all cookies (except Flash cookies) through your browser. Check your browser “help” menu to learn the correct way to change or update your cookies or visit www.aboutcookies.org. To find out more about how to manage or delete Flash cookies, visit Adobe. Please note that if you do not accept cookies, some features or activities may not be available to you (for example, you may not be able to complete your transaction). You may still purchase online merchandise by calling one of our customer service associates who will gladly assist you in placing your order. b. Opting-out of interest-based advertising We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the US, the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. Ads that we place online using interest-based data are expected to be delivered with the Enhanced Notice required by those principles. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to indicate your preferences, including the option to make one “universal” opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about interest-based advertising and tips for managing your online privacy. When you opt-out using these methods, a cookie will be placed on your device indicating that you have opted-out of interest-based advertising. If you delete your cookies, you will need to opt-out again. In addition, when you opt-out using these methods, this does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the advertising you see displayed on websites will not be customized to your interests. c. Opting-out of interest-based advertising on your mobile device For most mobile devices, you can control the interest-based ads you see in two different ways: (1) changing the privacy settings of the device itself; and (2) changing the privacy settings of your browser. For example, iOS version 6 and above devices feature Apple’s Advertising Identifier, which allows you to “Limit Ad Tracking” by going to your device’s settings, under “Privacy” and then “Advertising.” You can also modify the settings of your browser, such as Safari, by going to the settings of that browser and under “Privacy and Security,” select “Do Not Track.” Additionally, you can click on the Ad Choices link to opt-out. In addition, please note that if you use ad blocking software on your device, this may interfere with certain features and cause a disruption of service.
We respect your communication preferences and have created several ways for you to control how MyTractice communicates with you:
You may also contact us through our Support Team to indicate or update your communication preferences.
Most mobile devices provide users with the ability to disable location services. Disabling location services will not allow us to collect your Location Data (by virtue of the location of your mobile device) when you use our Services and may impact the operation of a Service, for example it will not be possible to track or record your practice session. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
The DAA offers App Choices, a separate choice tool for users to exercise control over the collection and use of data across and through mobile applications for interest-based advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s App Choices application on your mobile device. Visit here for more information on DAA’s App Choices tool.
MyTractice supports and encourages musicians of all ages. You must be at least eighteen (18) years of age to use MyTractice, and at least eighteen (18) years of age to use the subscription services (unless otherwise specified in separate policies applicable to certain specific jurisdictions). If you are between the ages of 5-18, you may use the Service only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Service, provide any Personal Data to MyTractice, or otherwise submit Personal Data through the Service (e.g., a name, address, telephone number, or email address). We do not knowingly collect Personal Data from children. If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child has provided us with Personal Data without parental consent, we will take steps to remove the information and terminate the child’s account.
Country Specific Disclosures
We take steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you may request access to, modification and deletion of the Personal Data that MyTractice has collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed below. MyTractice may charge for this service and responds to reasonable requests as soon as practicable and in any event, within the time limits prescribed by law.
Omamo LLP complies with the U.S.-EU and U.S.-Swiss Privacy Shield Framework regarding the collection, use, and retention of Personal Data from European Union member states and Switzerland. Omamo LLP adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
The technical and organizational measures implemented by MyTractice to protect security, data integrity, and access any Personal Data collected using the MyTractice application strives to meet the standards outlined within the Framework. In addition to participating in the U.S.-EU Privacy Shield Framework, MyTractice uses data-processing agreements and model contract clauses as an additional means of meeting the adequacy and security requirements of the European Parliament and Council of the European Union Data Protection Directive.
California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third-party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to our Support Team, or in writing to:
Attention: Privacy Office
6255 Town Center Dr #820,
Clemmons, NC 27012
It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.
Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to the Services. Requests can be made to our Support Team. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third-party we do not own or control may copy the posting and repost it elsewhere.
Third Parties We Don’t Own or Control
How to Contact Us
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team or write to us at:
Attention: Privacy Office
6255 Town Center Dr #820,
Clemmons, NC 27012
©2016 MyTractice, INC.