We take the privacy of our Website users very seriously. We ask that you read this Policy carefully as it contains important information about how we will process your personal data.
In this Policy, the following words have the following meanings:
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website together with any and all correspondence between Users and/or us.
- “Account” means an account set up by a User which records data such as your email address, personal information etc. and through which you are able post Content and purchase goods. Depending on the Website, a User may or may not be required to register an Account. An Account can never be transferred to a third party.
- “Contact Form” means the form available at http://www.myplay.com/customer-service which may be used to contact MyPlay Direct to obtain information or for any other reason.
- “Login Details” means your username and password.
- “Personal Data” means data which relates to a living individual who can be identified from such data
- “We, you, us” or “MyPlay Direct” means MyPlay Direct Inc., an entity incorporated in the State of Delaware, United States, registered under Federal Tax ID number 270608034, UK VAT number 998714645 and whose office is at 400 Lafayette Street, 2nd Floor, New York, NY 10003, USA together with our agents, subsidiaries, trusted partners and affiliates acting on our behalf.
- “Website” has the meaning given at the start of these Terms.
- “You” or the “User” means any individual who accesses and uses the Website. Users may be required to register to use part of the Website by setting up an Account which will permit them to upload, download, edit and/or exchange Content.
2. Identity of Data Controller
We are responsible for processing the personal data acquired through our operation of the Website.
3. Data Processing and Collection
Through our operation of the Website, we are likely to collect personal data relating to Users of the Website which is processed for a number of different purposes as set out in this Policy.
In particular, we are likely to collect personal data:
- when you visit the Website;
- when you use features and/or services offered on the Website;
- if you are required to register, when you create and update your Account; and
- when you contact MyPlay Direct or other Users of the Website.
However this data is collected, we are committed to only processing this data strictly in accordance with our obligations pursuant to the Data Protection Act 1998 (as amended from time to time) and applicable laws. We will also endeavour to provide you with details as to our data processing purposes, to identify the individuals responsible for such processing and to provide you details of your statutory rights to access, amend and delete your data as appropriate.
Where necessary, we will seek to obtain your consent prior to the processing of personal data and/or allow you to object to such processing.
We shall only collect personal data that is adequate, relevant and not excessive to the data processing purposes.
The personal data that may be collected and processed by MyPlay Direct to achieve its data processing purposes includes:
- contact Information such as name, email address, residential address and phone number;
- unique identifiers such as your Login Details;
- data relating to previous transaction history such as account and order details;
- location information such as your actual or approximate location through your IP address;
- details given in respect of our contests, lotteries and any promotions hosted via the Website;
- billing information such as credit card number and billing address. Please note that credit card details are deleted following the conclusion of each transaction, i.e. when money is received in full, save when retention is permitted in accordance with applicable laws or in the event of a dispute;
- details of processed invoices including any discounts granted and any unpaid bills; and
- geographical details.
4. Purposes of Data Processing
We may use the information we collect about you to:
- ensure the Website functions correctly and allow us to improve our services and features;
- administer User’s Accounts (if applicable);
- respond to User’s service requests, questions and concerns;
- comply with any subject access requests we may receive from Users to access their data for the sake of rectification and/or to oppose the processing of such data;
- in the event of a dispute or legal proceedings;
- conduct research and analysis to improve the operation of the Website and the quality of services;
- administer promotions and sweepstakes you may enter; and
- send promotional materials including but not limited to:
- updates and newsletters about an artist, musical genre or related special offers;
- requested information about products or services;
- a one-time email or e-card to your friends, at your request, when you provide their email addresses; or
- upcoming promotions and sweepstakes and the results of such events (as applicable).
We also may collect geographical data about you in order to improve our services and User interactivity with the Website.
We may use your personal data as necessary to comply with our legal or regulatory requirements. Your personal data will not be processed in any manner that is incompatible with the purposes listed in this section.
In all circumstances and for all personal data collected, we undertake that we will only process your personal data in accordance with the Data Protection Act 1998 (as amended from time to time) and subject to our registration with the Information Commissioner’s Office.
If you are required to register an Account with the Website, it will be necessary for you to provide certain details and personal data.
By voluntarily providing such personal data and through your continued browsing of the Website, you consent to that data being collected and processed by us for the purposes set out in this policy.
We will not send you marketing or promotional materials unless we have received your express confirmation that you would like to receive such information.
6. Access to Personal Data
Only certain individuals will have access to your personal data as listed below:
- our representatives and affiliates;
- our employees who are involved in managing the client relationship and ensuring the functionality of our Website services, for example processing orders and arranging deliveries;
- business partners who have contracted with us and agreed similar data protection obligations;
- our commercial, financial and advertising partners;
- any organisations or individuals who we may engage in the event of a dispute or legal proceedings;
- administrative or judicial authorities who are permitted by applicable laws to receive such data;
- reputable third parties in whose products or services MyPlay Direct thinks you may have an interest (with your consent);
- representatives of artists or performers (with your consent); and
- in connection with a corporate change including a merger, acquisition or sale of assets to any other third party, (with your consent).
Your personal data is not transferred, sold or accessible by any persons other than those listed above.
7. Data Retention
We shall not keep your personal data for longer than is necessary to fulfil our data processing purposes.
We will not record or store credit card details or details of any other form of payment once the transaction has been carried out, save in the event of dispute. We will never store your security code.
8. Your Subject Access Rights
You have a statutory right to access the personal data which we hold about you by making a request in writing to us. This request is known as a ‘subject access request’. We are required by law to respond to such an enquiry promptly and, in any event, within 40 days of receipt of such a request.
By making a subject access request, you are entitled to:
- be told whether we process any personal data about you;
- be given a description of the personal data, the reasons it is being processed and whether it will be given to any other organisations or people; and
- be given a copy of the information comprising the personal data and given details of its source (where applicable)
You are also entitled to request that we cease processing your personal data if you have a legitimate reason to do so.
These rights may be exercised by emailing email@example.com or writing to us at 400 Lafayette Street 2R, New York, NY10003 USA with proof of your identity and an explanation as to why you wish us to cease processing your personal data. We may request a fee for provision of this information, which would be no greater than £10.
9. Data Connection and Cookies
We collect information about your connection to the Website, for example what page you are viewing and at what time.
10. Social Networks
11. Security and Confidentiality
We are committed to taking appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage to personal data.
These measures include equipment and information security, access security and training of our employees who are required to process personal data about this Policy and the appropriate processing of personal data.
12. Transfer outside the EU
We may process your personal data either locally or in the United States of America.
The Data Protection Act 1998 permits the transfer of personal data outside the EU to any country or territory in respect of which the European Commission has made a ‘positive finding of adequacy’.
The Safe Harbour Scheme is recognised by the European Commission as providing adequate protection for the rights of individuals in connection with the transfer of their personal data to signatories of the scheme in the USA.
We comply with the US – EU Safe Harbour framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal data from EU member countries.
We certify that we adhere to the Safe Harbour Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbour program and to view our certificate, please visit http://www.export.gov/safeharbor/ .
13. TRUSTe’s Privacy Seal
TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organisations globally through its leading privacy trustmark and innovative trust solutions
The TRUSTe program covers the collection, use and disclosure of information that we collect via the Website.
We may modify or amend this Policy at any time.
By using the Website, you agree to the terms of this Policy. In the event of a material change to the way in which we collect, use and/or share your personal information, we will update Users by emails or post a notice on the Website. Your continued use of the Website signifies your acceptance of the revised terms of this Policy.