Privacy Policy
SECTION 1: DATA, ADVERTISEMENTS AND PRIVACY
1.1. The records of TunetoGod are stored on our systems in accordance with standard safety practices and applicable laws. The TunetoGod records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the TunetoGod Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.
1.2. The TunetoGod Service may contain links to websites operated by other entities (a "Linked Site"). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. TunetoGod has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (ex., hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by TunetoGod.
1.3. In accordance with Internet practice and custom, You acknowledge and agree that advertisements may be incorporated into the TunetoGod Service and then associated to Your TunetoGod Account and/or Your Content.
1.4. During Your use of our Service, the data that You provide us or that we collect or otherwise receive about You are stored by TunetoGod on servers belonging to TunetoGod and located in the United States of America. Copies of some of this data, including copies of Your Content, are also, for technical reasons related to the proper functioning and security of our systems, stored on servers belonging to TunetoGod located in the United States and/or any future locations TunetoGod designated.TunetoGod may also use cloud storage providers to store certain information concerning Your activity on our Service (excluding Your Content which we only store on servers that belong to us).
TunetoGod has implemented, or has insured that its service providers have implemented, industry-standard systems and procedures to ensure the security and confidentiality of data, to protect against anticipated threats or hazards to the security or integrity of Your personal data and Your Content and to protect against unauthorized access to or use thereof. The technical constraints related to the international presence of the TunetoGod Service do not allow us to store data in a single country.
If You do not want Your data or data concerning You to be stored outside of Your country of residence, then do not use the TunetoGod Service. By using the TunetoGod Service, You consent to this transfer, Processing and storage of data, including personal data. For clarity, when the provision or use of the TunetoGod Service involves transfer of personal data outside of data subject country of residence, each Party will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when third-parties' personal data is incorporated in Your Content, You shall ensure that You have all necessary and legally required consents (including, when applicable, data subjects' consent) prior to use of the TunetoGod Service.
1.5. As a User, You have the ability to upload Content (which includes the title and description of the video) incorporating personal data. We remind You that You remain responsible for the Processing of the personal data incorporated therein and that TunetoGod acts only as a Data Processor of this data, as these terms are defined by applicable laws on the protection of personal data. In this respect, as data controller, You commit to respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data and to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all required consents from third-parties whose personal data is incorporated in Your Content as necessary to allow us to provide the TunetoGod Service. You may refer to the provisions set out in Appendix A of the Terms in order to learn more about Your status as a data controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may be incorporated into the Content that You upload on our Service.
1.6. TunetoGod takes Your privacy and the protection of Your personal data collected and processed in connection with Your use of the TunetoGod Service very seriously. If You want to find out more about the personal data collected, how we collect it and the related processes, You can check our Privacy Policy any time available from the TunetoGod homepage.
SECTION 2: MISCELLANEOUS
2.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the TunetoGod Service or any of its features, whether or not You are a Viewer, an Account Applicant, a User or a Partner. For the sake of clarity, watching videos from the TunetoGod Service, exporting the TunetoGod Video Player, and/or maintaining a TunetoGod Account are all deemed uses of the TunetoGod Service.
2.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.
2.3. You agree that if one or more provision of the Terms is considered to be not enforceable as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.
2.4. You also acknowledge that if TunetoGod does not take immediate action in the case You fail to comply with the Terms, this shall not mean that TunetoGod is giving up on any rights that we may have, including but not limited to the right to take action in the future.
2.5. If You reside in a country that is a part of the European Economic Area, the United Kingdom or in Switzerland, You agree that any dispute between You and TunetoGod arising out of or relating in any way to the Terms or Your use of the TunetoGod Service shall be interpreted in accordance with the laws of United States, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and TunetoGod shall be decided by a court of competent jurisdiction located in the United States.
If You reside in a country that is not part of the European Economic Area, the United Kingdom or is not Switzerland, You agree that any dispute between You and TunetoGod arising out of or relating in any way to the Terms or Your use of the TunetoGod Service shall be interpreted in accordance with the New York laws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and TunetoGod shall be decided by a court of competent jurisdiction located in the New York.
2.6. Subject to any TunetoGod Partner Program Agreement as mentioned in Section 1.6., the Terms constitute the entire agreement between TunetoGod and You with respect to the TunetoGod Service and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and TunetoGod with respect to the TunetoGod Service.
2.7. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.
2.8. You agree that TunetoGod may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the TunetoGod Service.
2.9. If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of the Terms will remain in force.
2.10. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2.11. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. In any case, You affirm that You are over the age of 13, as the TunetoGod Service is not intended for children under 13. If You are under 13 years of age, then please do not use the TunetoGod Service.
APPENDIX A - Data Protection Annex
PREAMBLE
When You use the TunetoGod Service to upload videos the Content that You upload may include personal data of third-parties whose Processing is governed by the Applicable Data Protection Laws, as defined below (hereafter “Third-Party Personal Data”). In such case, You are the Data Controller (within the meaning of the Applicable Data Protection Law) for the Processing of this Third-Party Personal Data and TunetoGod is Your Data Processor. The present Appendix ("DPA") is applicable to this Processing of such Third-Party Personal Data by TunetoGod who is acting as Your Data Processor.
In visiting and/or using the TunetoGod Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by TunetoGod as Your Data Processor in relation to the Content that You upload. If You do not agree with the terms of this DPA then do not upload Content onto the TunetoGod Service.
Note that, in addition to the Processing of Your Third-Party Personal Data as Your Data Processor, TunetoGod processes Your other personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner, it is understood that while Processing Your other personal data (other than the Third-Party Personal Data described above) (i) TunetoGod is not Your Data Processor, and (ii) the present DPA is not applicable to this Processing. For more information on this Processing of other personal data and on the role of TunetoGod when Processing such other personal data, please refer to our Privacy Policy.
In the event that the Third-Party Personal Data incorporated in Your Content is that of Brazilian residents, this DPA applies, mutatis mutandis, to the Processing of said Third-Party Personal Data by TunetoGod. Therefore, in such situation where the Third-Party Personal Data contains data of Brazilian residents, then the definition of ‘Applicable Data Protection Laws’ includes the Brazilian General Law on Data Protection (LGPD).
You and TunetoGod may be individually referred to herein as “Party” or collectively as the "Parties".
1. Context
You are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In this capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our Service, You (acting as Data Controller) instruct TunetoGod (acting in its capacity as Data Processor) to process the Third-Party Personal Data by hosting the Content and providing to You with content management tools.
TunetoGod commits itself to keeping a record of all the Processing activities carried out on Your behalf, in compliance with its legal obligations. Furthermore, each of the Parties undertakes to comply with all legal obligations imposed on it pursuant to the Applicable Data Protection Law.
2. Definitions
In this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both the singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that attributed to it in the main body of the Terms above or else in the GDPR.
“Applicable Data Protection Laws” means the legislation protecting the fundamental rights and freedoms of individuals, including the right to privacy with respect to the Processing of personal data. Applicable Data Protection Laws means the following laws: (i) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the Processing of personal data and on the free movement of such data, (ii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the Processing of personal data and on the free movement of data entering into force on May 25, 2018 (the “GDPR”), (iii) any local law implementing the laws identified under (i) and (ii); (iv) Federal Data Protection Act of 19 June 1992 (Switzerland), (v) the United Kingdom's Data Protection Act of 2018 (the “UK GDPR”) and (vi) any other applicable laws or regulations relating to the protection of personal data which would supplement or modify the above mentioned legislation.
“Processing” means the Third-Party Personal Data processing entrusted to TunetoGod and described in Section 3 of this DPA.
“Sub-Processor” has the definition attributed to it in the GDPR, and in this case means specifically any Sub-Processor engaged by TunetoGod (or any of their Sub-Processors) who, receives from TunetoGod any Third-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You under the present DPA. Additionally, any company that is member of the group of companies to which TunetoGod belongs and which may be involved such Processing of Third-Party Personal Data shall also be considered as a Sub-Processor under this DPA.
“Supervisory Authority” means the independent public authority responsible for monitoring the application of Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and freedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the applicable country.
3. Characteristics of the Processing
You authorize TunetoGod to proceed with the Processing of the Third-Party Personal Data necessary to provide the Processing Services (as defined below), under the conditions described below.
3.1. Purposes of the Processing and Description of the Processing Services
3.1.a. Purposes of the Processing
TunetoGod operates the TunetoGod Service. The Data Controller is a User of the TunetoGod Service who uploads Content onto the TunetoGod Service which incorporates Third-Party Personal Data. In any case, TunetoGod is not collecting this Third-Party Personal Data and has no prior knowledge of the presence of any Third-Party Personal Data within Your Content.
As such, You are the Data Controller of this Third-Party Personal Data, and You will ensure that You have a legal basis to process the Third-Party Personal Data incorporated in Your Content (ex. consent, legitimate interest, etc.). TunetoGod shall process the Third-Party Personal Data in compliance with the Applicable Data Protection Laws and for the below-mentioned purposes, according to the instructions of the Data Controller stipulated in the present DPA.
Additional instructions regarding the Processing of such Third-Party Personal Data can be provided by You either by using the available technical tools and features of the TunetoGod Service or by addressing them directly to us through TunetoGod's Help Center. Note that in the event Your instructions are incompatible with the way the TunetoGod Service operates or are in violation of the Terms or any other TunetoGod policies, TunetoGod will not be obliged to comply with such instructions, but You may stop the Processing by removing such Content.
By uploading Your Content onto the TunetoGod Service, You will need to use the TunetoGod Service's technical features for the following purposes:
• Storing Your Content on the TunetoGod Service;
• Making Your Content available to the public and/or privately use according to the terms that You determine by using the functionalities available on our Service (ex. deciding to place the Content under public or private mode).
3.1.b. Description of the Processing Services
In this respect, You instruct TunetoGod to operate the following services ( “Processing Services” ) on Your behalf:
• Hosting of Your Content on the TunetoGod Service (this includes both the video files and associated metadata):
• On TunetoGod servers located in United States or any other country (ies) designated.
• On data hosting services (ex. cloud services) of third-party Data Sub-Processors (but only for the metadata associated with Content);
• Making available the Video Player for the distribution of Your Content to the public;
• Making available technical tools allowing You to manage Your Content.
3.2. Duration of the Processing
The Processing of Your Third-Party Personal Data will last until Your Content is removed for any reason whatsoever from the TunetoGod Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by TunetoGod following a notification that Your Content is in violation of the present Terms). However, note that despite the removal, for technical reasons related to the TunetoGod Service the video files and/or metadata associated with Your Content may not be completely deleted from our system until up to 30 days after the removal, and in the case of metadata specifically it will be retained for longer than 30 days if such retention is required by law or necessary to establish, exercise or defend legal claims.
3.3. Categories of Data Subjects
The Data Subjects of this Processing are those whose Third-Party Personal Data is incorporated into Your Content.
3.4. Categories of Third-Party Personal Data
The categories of Third-Party Personal Data processed depend on what Your Content (including associated metadata) contains. This may include any data that identifies or allows the identification of the Data Subjects such as their image (still or animated), voice, name, or any other personal information about them.
4. Security and Confidentiality of Third-Party Personal Data
TunetoGod has in place and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within the Content (ex. aimed at preventing destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the TunetoGod Service is not a storage service and that You should take all necessary precautionary measures for the backup and preservation of Your video files.
TunetoGod does not assume any liability for the loss of the said files in accordance with Section 5 and 6 of the Terms.
Nonetheless, TunetoGod undertakes to implement the following organizational measures and to make its staff and its Sub-Processors respect them:
• Ensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the delivery of the Services are aware of, trained and organized to provide sufficient guarantees of security and confidentiality with respect to Third-Party Personal Data; and
• Implement access and authorization management rules such as the following:
(i) Centralized management of access rights, (ii) Gradation of access and use rights, (iii) Periodic reviews.
• Take all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party Personal Data.
In addition, the main technical measures currently implemented by TunetoGod (some of which are specifically applicable for the protection of Third-Party Personal Data) are as follows:
• Network segmentation and filtering between zones,
• Multi-factor authentication,
• Event log, collection and centralization of logs,
• Anti-virus,
• Management of security patches,
• Security / flow encryption (SSL),
• Internal PKI,
• Encryption of data in transit and at rest,
• Bug-bounty program,
• Application of anonymization and pseudonymization techniques (ex. tokenization, aggregation, hashing, etc.),
• Periodic re-certification of accounts (periodic review of access rights),
• Peer-to-peer code review (development methodology),
• Periodic security audits (architecture, configuration, code, intrusion tests, etc.).
In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which TunetoGod is aware, TunetoGod commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your User Account (or any other email address communicated to TunetoGod by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your User Account). TunetoGod commits to cooperating with You should You choose to notify the Supervisory Authority or an affected Data Subject of the Third-Party Personal Data Breach.
Furthermore, TunetoGod undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data provided for by the Applicable Data Protection Law. You understand and agree that the reasonable costs of such assistance from TunetoGod, if any, will be at Your expense.
5. Sub-Processors
5.1. General Information
You authorize TunetoGod to use the services of any Sub-Processor listed in Section 5.2. below. TunetoGod commits itself to communicate any information related to a new Sub-Processor by updating the present Terms or by other reasonable means of communication (ex. making such list available elsewhere on the TunetoGod website). TunetoGod guarantees that the contracts with its Sub-Processors contain commitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at any time, terminate the Processing by deleting Your Content from our Service.
5.2. The Sub-Processors
Note that TunetoGod stores data, including Third-Party Personal Data that may be integrated within Your Content, on its servers located in USA and/or any country (ies) designated.
As any other company, in order to provide You our Service, TunetoGod outsources some of its activities to third-party service providers. As a result, we also store some of that data using the services of third-party cloud storage providers that may be located outside of the United States.