TTFM LABS, INC.

PRIVACY POLICY

Last Updated September 9, 2021

TTFM Labs, Inc. (“TTFM,” “we,” “us,” or “our”) has prepared this Privacy Policy to explain what personal information (defined below) we collect, how we use and share that information, and your choices concerning our information practices. Through our mobile application (the “App”), we provide a virtual, interactive environment with streaming music and social interaction in chat rooms (such services, including https://tt.fm/ (the “Site”) and the App, are referred to collectively in this Privacy Policy as the “Service”).

This Privacy Policy explains what personal information we collect, how we use and share that information, and your choices concerning our information practices. This Privacy Policy is incorporated into and forms part of our Terms of Service.

Before using the Service or submitting any personal information to TTFM, please review this Privacy Policy carefully and using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

We collect personal information that alone or in combination with other information in our possession could be used to identify you as follows:

Personal Information You Provide: We collect the following categories of personal information from you when you sign up for or use the Service or communicate with us:

• Identification Information: We collect your name, alias, email address, phone number, profile photo, employer, country, zip code, and birthdate (month, date, and year). We will also assign a unique identifier to your account.
• Financial Information: Our payment processor(s) will collect the financial information necessary to process your payments, such as your payment card number and authentication details. Please note, however, that we store only a tokenized version of such information and do not maintain payment card information on our servers.
• Communication Information: We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback.  Providing communication information is optional to you.
• Streaming Activity Information: We collect information relating to the songs you listen to and/or rate through the Service, the dancefloors you visit, and the friends you make.
• Demographic Information: We collect your gender expression and sexual orientation if you choose to add such information to your profile.
  
• Social Media Information: We have pages on social media sites like Instagram, Facebook, and Twitter (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
  

Internet Activity Information: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

• Log Information: Information that your browser automatically sends whenever you visit the Site. Log Information includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
• Cookies Information: Please see the “Cookies” section below to learn more about how we use cookies.
• Device Information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
• Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, your browsing and search history, and the time, frequency, and duration of your activities.
• Location Information: We derive a rough estimate of your location from your IP address. We collect your location information through the App using your device IP address, WiFi, Bluetooth, and GPS coordinates (e.g. latitude/longitude) of your mobile device. If you have given the App permission to access your location, we will collect your device’s location only while you are using the Service and store your location history. If you want to opt-out of the collection of your Location Information, please adjust your settings in your mobile device to limit the App’s access to your Location Information.
• Email Open/Click Information: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.

Derived Information: We may infer your preferences for favorite music recommendations based on the personal information we collect about you.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may use cookies to collect personal information. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resourcesand follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. Google Analytics cookies generally expire within two years. For more information on how Google uses this information, click here. You can also install the Google Analytics opt-out browser add-on here.

Online Tracking and Do Not Track Signals: We and our third party service providers may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site [and use that information to send targeted advertisements. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so

We use personal information to authenticate your access to the Service, display your profile to other users, pay music licensing royalties, suggest dance floor recommendations and provide access to dance floors, and to process your payments. This processing is necessary to perform our contract with you.

We also use personal information as necessary for the following legitimate business interests:

• To respond to your inquiries, comments, feedback or questions;
• To manage our relationship with you, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
• To analyze how you interact with our Service, including the dancefloors you visit and the songs you listen to, so we can provide, maintain and improve the of the Service and your experience, develop our business and inform our marketing strategy;
• To integrate your account with and provide certain features available through third party service partners such as Apple Music and Spotify, and other third party services that may be added to the platform in the future (“Third Party Service Partners”);
• To administer and protect our business and the Site, prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and
• To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and enforce our terms and policies.
• To provide targeted audio advertisements through our third party service provider.
• To provide free gifts to you (such as a free birthday gift).

For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.

Marketing. We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example if you are in the EU, we will only send you such emails if you consent to us doing so at the time you provide us with your personal information. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.

In addition, we may use your personal information to provide targeted audio advertisements through a third party service provider.

Aggregated Information. We may aggregate personal information and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Service and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

TTFM does not sell your personal information. In certain circumstances we may share the categories of personal information described above without further notice to you, unless required by the law, with the following categories of third parties:

• Third Party Service Partners: The Service may integrate with certain third party integrations, such as Apple Music and Spotify, to provide you with additional features and functionality. We may share your personal information with these third party integrations to provide you with these features. These third party integrations provide users with a platform to listen to streams of music and listen to songs in sync with friends in dancefloors and chat rooms via the music streaming services. For example, when an user logs into the Service, the user may be able to access music streaming services to which the user has subscribed and broad music in real time, which users may listen to in real time and/or on demand.
• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share personal information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store personal information in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your personal information.
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your personal information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
• Other Users: certain actions you take may be visible to other users of the Service. For example, other users will have access to your profile and the actions you take on dance floors. By making such information available to other users, you acknowledge that by TTFM cannot control, and shall not be responsible for any use other users make of such information.

We keep personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting, or other purposes), whichever is longer.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We are providing this supplemental privacy notice to consumers in California, pursuant to the California Consumer Privacy Act (CCPA).

Subject to certain exceptions and where provided for by law, including those applicable to individuals acting as business representatives, the CCPA grants California residents the following rights.

• Information. You can request information about how we used and shared your personal information through TTFM during the past 12 months. Our Privacy Policy provides this information. We describe the sources through which we collect personal information and the types of personal information collected in the “Personal information We Collect” section above. We describe the purposes for which we use and share this information in the “How We Use Personal information” section above and the “Sharing and Disclosure of Personal information” section above.
• Access. You can request a copy of the personal information that we maintain about you.
• Deletion. You can ask to delete the personal information that we maintain about you.
• Opt out of sale of your personal information. You can ask us not to sell your personal information.

You are entitled to exercise the rights described above free from discrimination and you can contact us if you need an alternative form of this Privacy Policy.

To request access to or deletion of personal information collected via TTFM, or to opt out of sales of personal information, please email privacy@tt.fm.

To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.

Our Service is not directed to children who are under the age of 13. TTFM does not knowingly collect personal information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal information to TTFM through the Service please contact us and we will endeavor to delete that information from our databases.

Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway, the United Kingdom, and, to the extent applicable, Switzerland).

Data Controller. Data protection laws in the EU differentiate between the “data controller” and “data processor” of personal information. TTFM is the data controller for the processing of your personal information relating to the use of the Service and the App. You can find our contact information in the “Contact Us” section below.

Legal Bases for Processing. This Privacy Policy (the paragraph “How We Use personal information”) describes the legal bases we rely on for the processing of your Personal Information. Please contact us if you have any questions about the specific legal basis we are relying on to process your personal information.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your personal information for our legitimate interests, what these interests are and your rights. We will not use your personal information for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Your Rights. Pursuant to the European Union General Data Protection Regulation (or GDPR), you have the following rights in relation to your personal information, under certain circumstances and subject to any applicable exceptions:

• Right of access: If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
• Right to rectification: If your personal information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information so you can contact them directly.
• Right to erasure: You may ask us to delete or remove your personal information, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information with so you can contact them directly.
• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal information in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your personal information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information so you can contact them directly.
• Right to data portability: You have the right to obtain your personal information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your personal information in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
• Right to object: You may ask us at any time to stop processing your personal information, and we will do so:
• If we are relying on a legitimate interest to process your Personal Information -- unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims;
• If we are processing your personal information for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);
• Right to withdraw consent: If we rely on your consent to process your personal information, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal information, you can report it to the data protection authority that is authorized to hear those concerns (in the UK, the Information Commissioner’s Office (ICO), who can be contacted at https://ico.org.uk/concerns, and in other EU countries the data protection authority of the country in which you are located).

Please contact us to exercise your rights.

Data Transfers. TTFM is based in the U.S and Germany. The U.S. may have data protection laws less stringent than or otherwise different from the laws in effect in the EU and UK. Transfers of your personal information to TTFM in the U.S. are necessary to perform the agreement we have entered into, or are about to enter into, with you.

The Service may contain links to other websites not operated or controlled by TTFM, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any personal information to TTFM via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

In certain circumstances providing personal information is optional. However, if you choose not to provide personal information that is needed to use some features of our Service, you may be unable to use those features. You can also log in to your account or contact us to request updates or corrections to your personal information.

The Service and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with personal information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: privacy@tt.fm.