EarMachine Privacy Policy for Venue DB Mobile Application

Ear Machine LLC (“EarMachine”) respects the privacy of our users.  This privacy policy describes our practices concerning information collected in connection with the Venue DB Mobile Application (the “app”).  It does not apply to the EarMachine website or any other EarMachine mobile apps.  To the extent there is any conflict between this policy and that described in the user license agreement accompanying the app, this policy controls with respect to matters of privacy.

The app enables users to take sound-quality measurements at different venues, such as bars and restaurants.  Those measurements are compiled in a database by EarMachine and may be shared with other users of the app or additional third parties.  Such sharing may enable others to, among other things, identify venues that are compatible with their preferences concerning sound quality (for example, a lively sports bar instead of an intimate restaurant).

This policy explains the conditions under which EarMachine collects, uses, and discloses personal and other information in connection with the app, and your rights in relation to that information.  By downloading or using the app, you are agreeing to the terms of this policy.

The information collected through the app is controlled by Ear Machine LLC, which is headquartered in the United States.  We share this information with co-controllers, as described in more detail below.  If you choose to, you can use the app without sharing any information that we can use to personally identify you, such as your name, email address, or telephone number.  As discussed below, however, the app does automatically collect certain information from the mobile phone, tablet, or other device that you use to access the app, and it associates some of that information with your account. 

What Information We Collect About You

Personally identifiable information.  You may use the app without disclosing any information that we can use to identify you personally.  However, to use the app, you will automatically create a user ID.  This account and user ID will be linked to a variety of information about your use of the app, as discussed below.  In addition, if you choose to provide to us your email address or other personally identifiable information, that information also may be linked to your account and user ID.  This, in turn, will allow us to associate other information, such as actions you take through the app or the locations where you make sound measurements, with both your user ID and your personal information.     

Sound and venue data.  When you initiate a measurement from the app, it calculates noise, sound frequencies, and additional audio data at a restaurant or other venue, enabling EarMachine to analyze and quantify the sound quality at that venue.  For example, the app collects power spectrum, SPL, and similar data.  The app collects only technical measurements and does not make or store any audio recording of the sounds at the venue (including any ambient noises or conversations).  As discussed below, this technical information is associated with the time, date, day of week, and location of the sound measurement and with other information in a database that EarMachine may make accessible to all users of the app and to other third parties.    

User-entered venue names.  The app provides a text box that enables you to supply the name of a given venue.  Any information that you supply in the text box will be added to the database. 

Location data.  The app also collects location data.  This enables EarMachine to accurately identify the venue where a measurement is taken.  We work with a vendor that uses location information collected through your mobile device (such as latitude and longitude) to identify the name and address of a specific venue and additional details about it (such as “Italian restaurant” or “sports bar”).  If you do not wish to share location data with EarMachine or our partners, you can turn off location tracking for the app on your device.

Log data.  When you use the app, we automatically receive and record certain information from your mobile phone, tablet, or other device.  This may include such data as your IP address and domain name, your software and hardware attributes, any content that you access or download through the app, the date and time you use the app, and certain cookie and tracking information (see below).  To do this, we may use web logs or applications that recognize your device and gather information about its online activity. 

Cookies and other tracking mechanisms.  We use mechanisms to track and analyze how you use the app.  We also may partner with third parties who do so on our behalf (see below in the section entitled “How We Share Information with Third Parties”).  These mechanisms can be used, for example, to collect information about your use of the app during your current session and over time, your device’s operating system, your Internet service provider, and your domain name and IP address.  Such mechanisms may include cookies, web beacons, pixels, tags, scripts, or other tracking mechanisms.  Some of these mechanisms, such as cookies, involve storing small files on your mobile phone, tablet, or other device.  Others involve transmission of information to a third-party server through other means. 

How We Use the Information That We Collect

We use the information discussed above to above to compile a database of information about the sound quality of various venues on different dates and times.  We may make this database publicly available to other app users and to third parties.  This would enable others to, among other things, identify venues that are compatible with their preferences concerning sound quality (e.g., a lively bar vs. an intimate restaurant). 

EarMachine uses the information that we collect for a variety of other purposes as well.  If we have personal information about you, we may use it, for example:  to respond to your questions or requests concerning the app or other services offered by EarMachine or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our services or otherwise complete a transaction that you initiate; to send you information about our services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to deliver notifications and similar operational communications; to improve your user experience and the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.   

We use the non-personal information that we collect for such purposes as:  counting and recognizing users of the app; analyzing how users use the app and various app features; improving the app and enhancing users’ experiences with the app; creating new products and services or improving our existing products and services; enabling additional analytics and research concerning the app; and managing our business.  EarMachine may link non-personal information gathered using cookies and other tracking mechanisms with personal information.  But in that event, we will treat the combined information as personal information.

If you opt in to receive marketing emails from us, we also may use the personal and non-personal information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by EarMachine or our partners.  Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to contact@earmachine.com with “optout” in the subject line.  Promotional emails will also have instructions for opting out of that type of communication in the future.

How We Share Information with Third Parties

We share the personal and other information that we collect with a variety of third parties.  Additionally, other third parties collect information directly through the app.

Other users of the app or the database.  When you take a sound measurement, that information is uploaded to the EarMachine database along with the date, time, day of week, and location of the measurement, as well as any additional information that you choose to supply in your venue description.  You may choose to share that information directly with another user of the app whom you specifically identify.  In addition, this information may be made publicly available in the future to all other users of the app and to a range of other third parties who have access to the database.  Accordingly, do not include any personally identifiable information or any other information in your venue description that you do not wish to share publicly.

Business partners.  EarMachine shares all of the data collected through the app, including personally identifiable information, with certain business partners.  For example, all information collected through the app is shared with Bose Corporation and its subsidiaries and affiliates.  The Bose privacy policy is accessible here.

Online tracking and analytics.  We partner with certain third parties to collect the non-personal information discussed above and to engage in analysis, auditing, research, and reporting.  These third parties may use web logs, pixels, tags, or other tracking mechanisms or set and access cookies on your device.  For example, we may use analytics services provided by Flurry, Parse, Google Analytics, or others.  The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this policy.  If you prefer to prevent third parties from setting and accessing cookies on your device, you may set your device to block cookies.  You also may opt out of Flurry Analytics by following the directions here.  Although the app currently does not respond to “do not track” requests, you can limit tracking by taking the steps above.  Some tracking mechanisms may, however, continue to operate unless you fully delete the app from your device.

Other service providers.  EarMachine also uses other third parties to perform services on our behalf.  For example, we use third parties to host and manage the app.  These third parties may collect and/or use your personal or non-personal information to assist us in achieving the purposes discussed above in the section entitled “How We Use the Information That We Collect.”

Sharing for legal and other purposes.  EarMachine also may use or share your information with third parties:   

  • To respond to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims;
  • When we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to our property or the physical safety of any person, or violations of our terms and conditions;
  • To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets; 
  • As otherwise permitted or required by applicable law.

Aggregated information.  From time to time, EarMachine may also share anonymized and aggregated information about app users, such as by publishing a report on trends in the usage of the app.

Children’s Privacy

The app is not directed to children under the age of 13, and EarMachine does not knowingly collect personal or other information from anyone under the age of 13.  We recommend that persons over 13 but under 18 years of age ask their parents for permission before using the app or sending any information about themselves to anyone over the Internet. 

Special note for app users from outside the United States

The information that EarMachine and third parties collect from the app is transferred to and processed in the United States for the purposes described in this privacy policy.  EarMachine also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence.  The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence.  By using the app, you expressly consent to such transfer and processing. 

Additional information

We reserve the right to amend this policy at any time.  We will make the revised policy accessible through the app, so you should review the policy periodically.  Any such amendments to this policy may apply to information we collect in the future as well as any information we obtained prior to such amendment.  If we make a material change to the policy, you will be provided with appropriate notice.

If you have any questions or concerns about this privacy policy or about the information that EarMachine collects about you, please send us an email at contact@earmachine.com

 

Revised July xx, 2015