Terms and Conditions
By accessing this site,
you agree to the following:
2. CHILDREN AND PRIVACY
The Services and their content are not directed at children under the age of 13. ManKind does not knowingly collect or solicit any personal data from anyone under the age of 13 or knowingly allow such persons to register for the Services. In the event that we learn that we have collected personal data from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal data from or about a child under 13, please notify us immediately by sending an email to support@ManKind.com.
If you are a California resident under the age of 18 and you wish to remove publicly available content or information posted by you on the Services, please contact us at support@ManKind.com. The removal described in the proceeding sentence does not ensure complete or comprehensive removal of the content or information you posted.
3. COLLECTION OF PERSONAL DATA
We collect the following types of information relating to you, including personal data, for the following purposes:
a) Information you provide us directly. When you register as a user for the Services and/or use the Services you provide us with certain information that we store. This may include: username and password information provided for the Services; your name, contact and other user profile information you may provide (e.g., address, phone number, email, date of birth), such as when registering for the Services or responding to surveys; payment information provided to use the Services; User Content (e.g., photos, comments, and other materials) that you upload or otherwise post on the Services; metadata associated with User Content (as defined in Section 9 of ManKind's Terms and Conditions of Use), which may include content creation date, formatting information, and location information about where the User Content was recorded (i.e., geotags); and communications between you and ManKind.
c) Analytics information. When you use the Services, we collect and process information generated by your use of the Services, such as favorites, playlists created, tracks played and downloaded, activity in the ManKind applications, offlined tracks, time of log-in, what version of the Services you use. If you access the Services via a handheld device, we also store a number that uniquely identifies the device. We use this information (i) to tailor and/or personalize the Services to you; (ii) for service improvement purposes; and (iii) for marketing and advertising purposes (as further described herein). We may also use internal or third party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or the Services that assists us in improving the Services.
d) Log file information. This information may be automatically reported by your browser or device each time you make a request to visit, access or use the Services. When you visit, access or use the Services, our servers may automatically record certain log file information, including the time of log-in, what version of the ManKind client you may be using, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also log the Device ID or other unique information for devices used to access the Services. We may also collect similar information from emails we send to you, which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services.
Google Analytics: In addition to our own cookies, other cookies may be placed on your device by Google Analytics from Google Inc. to create anonymous usage statistics. If you have concerns relating to the usage of Google Analytics, it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout.
Facebook: If you enable the function “Connect to Facebook” in the settings of your ManKind account, we may share your ManKind favorites with Facebook, enabling your Facebook friends to see your favorites and enabling you to see your Facebook friends’ favorites. If you use the “share” function you may be able to post to your Facebook account directly from ManKind.
Twitter: If you use the function “share” you can post to your Twitter account directly from ManKind. Such posting might involve sharing personal data.
4. USE OF PERSONAL DATA
In addition to some of the specific uses of personal data we describe in this Policy, we may use information that we receive to:
Process payments for use of the Services;
Help you efficiently access your information and features of the Services;
Remember information so you will not have to re-enter it during your visit or the next time you visit the Services;
Provide personalized content and information to you and others, which could include online ads or other forms of marketing;
Provide, improve, test, and monitor the effectiveness of our Services;
Calculate settlements for content owners;
Develop and test new products and features;
Monitor metrics such as total number of visitors, traffic, and demographic patterns;
Diagnose or fix technology problems; or
Detect, investigate and take all steps necessary to address misuse of the Services.
5. SHARING INFORMATION WITH THIRD PARTIES
a) Parties with whom we may share your personal data.
Rights Holders. ManKind allows you to listen to and view content from third party rights holders. ManKind shares information with the rights holders that license this content to ManKind. The data that ManKind shares with the rights holders is in a de-identified format that does not identify you directly, unless you opt into the sharing of your personal data.
Service Providers. We may share User Content and your information (including but not limited to, information from cookies, log files, metadata and usage data) with third party organizations that help us provide the Services to you, including telecommunications companies with whom you have a contractual relationship and through which you may receive access to the Services (for example through a bundled package), and payment processors (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.
Marketing and Advertising. We may share certain information such as cookie data and streaming data (e.g., the number of plays of a particular song or playlist by all users) with third party advertising partners in order to allow third party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may also deliver targeted emails and other communications to you concerning such advertisers, their products or services and/or events sponsored or hosted by such advertisers. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information, which, in its aggregated form, may include demographic data such as how many users constitute a particular age group, general locations of where groups of users reside for purposes of, e.g., determining who may be interested in attending a ManKind event and similar anonymized data.
Your Financial Institution. In the event you contest or dispute Subscription charges, we may share information collected in accordance with this policy, as reasonable, to assist your credit card company or financial institution to investigate and resolve your claim.
Acquisition. If we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. If ManKind or substantially all its assets are acquired by or sold to a third party, your personal data may be among the transferred assets. The buyer or transferee will have to honor the commitments we have made in this Policy.
b) Parties with whom you may choose to share your User Content.
Any information (e.g., name) or User Content (e.g., picture) that you voluntarily share or disclose for posting to the Services may become available to the public. This can also include parties to whom you have given us consent to share such personal data, for example Facebook, as further described above.
c) Responding to legal requests and preventing harm.
We may access, preserve and share your personal data in response to a legal request (such as a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ManKind, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. By allowing for sharing and use of personal data for these purposes, ManKind is not assuming any affirmative duty to undertake such actions.
6. STORING PERSONAL DATA
a) By registering for, accessing, visiting or otherwise using the Services, you consent to the transfer of your personal data to anywhere where ManKind or its Service Providers maintain facilities, including facilities in another country.
b) We use commercially reasonable safeguards to help keep you personal data secure and to protect against accidental loss, destruction or damage. Only a limited number of personnel with a legitimate business or legal need are given access to users’ personal data. However, we cannot ensure the security of any information you transmit to ManKind or guarantee that information on the Services may not be accessed, used, disclosed, altered, or destroyed.
c) You are responsible for maintaining the secrecy of any non-public information that you provide ManKind, accessing the Services and making payments from a secure computer or device, and for controlling access to emails between you and ManKind, at all times. Any social media services that you use to connect to the Services (e.g., Facebook, Twitter) may also affect your information; we are not responsible for the functionality, privacy, or security measures of any other organization.
d) User Content that you provide to the Services may be retained and made publicly available on the Services indefinitely, consistent with the Terms and Conditions of Use.
e) Information we collect or receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
7. COMMUNICATIONS, NOTICES, & CONSENT
You may opt-out of some or all of these types of communications in your account settings. You may also unsubscribe from certain email communications by clicking on the “unsubscribe link” provided in such communications. You may not opt out of certain important email communications (e.g., account verification, payment receipts, technical and security notices) and by signing up for or using the Services, you thereby agree to receive such important email communications.
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you expressly consent to receiving communications—including but not limited to prerecorded or artificial voice message calls, text / SMS messages, and calls made by an automatic telephone dialing system—from ManKind at that number, about the Services. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile service provider. You understand that you need not provide this consent as a condition of purchase, or by visiting, accessing or using the Services, and that you may revoke your consent at any time by emailing support@ManKind.com, or replying STOP in response to any text message you receive from ManKind.
If you have questions regarding your data stored with us, its rectification or deletion, or would like to revoke any consent provided to us, object against certain uses, please contact us by email at support@ManKind.com.
8. DO NOT TRACK
ManKind does not respond to Do Not Track (DNT) signals and handles all personal data consistent with its Terms and Conditions of Use and this Policy.
9. NOTICE OF CALIFORNIA PRIVACY RIGHTS
If you are a California resident and have provided personal information as defined in California Civil Code section 1798.80(e) to ManKind, you may request certain information regarding any disclosure of personal information that may have been made by ManKind to third parties for their direct marketing purposes. To make such a request, contact us at: ManKind – Customer Support c/o 1411 Broadway, New York, NY 10018, or by email at support@ManKind.com. The request should specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. ManKind is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above address.
10. CONDITIONS OF USE AND REVISIONS TO THIS POLICY
If you choose to visit, access, or use the Services, your visit, access and/or use and any dispute over privacy is subject to this Policy and ManKind's Terms and Conditions of Use, including limitations on damages, resolution of disputes — including an agreement to arbitrate, to not proceed in court or on a class or collective basis, and to not have the right to resolve disputes by a judge or a jury — and application of applicable federal law and the laws of the State of New York.
The Services are subject to constant improvement and future changes may influence how we collect, use, share, and store your personal data. This Policy will be updated to reflect such changes, changes in legal framework or improvements in how we handle personal data.