Last Updated: 06/09/2018
Humbolt collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the requirements of the Federal Communications Commission in the United States (and various state level laws and regulations), as well as the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws. In the event that there is any conflict between the Data Privacy laws and regulations applicable in the United States and those in the European Union (including the United Kingdom), we will adhere to the higher standard.
We collect two types of information: (a) that we must have in order for you to use Humbolt; and (b) information you share that allows Humbolt to improve services and offerings.
What we need from you includes:
General account registration information, including your name, birth date, address, and other related information.
Very general geospatial information, which we derive only from your IP address.
The music you listen to and your interactions with Humbolt.
Technical and sensor information necessary to operate Humbolt including your browser and/or the device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors, which enable you to control Humbolt and allows Humbolt to rotate videos and recommend music.
The second category which allows Humbolt to offer additional information is only received if you choose to share it with us. Such information might include:
Your exact location: We will never gather or use your device exact location without first getting your permission.
Your photos: We only access images that you specifically choose, and never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or create cover art for a playlist. You can stop sharing photos and revoke access at any time.
Your contacts: We never scan or import your contacts unless you ask Humbolt to. If you choose to do so, we will only use your contact information to help you find friends or contacts who use Humbolt.
Your microphone: We will never access or use your microphone unless you give Humbolt explicit permission. This could enable you to control Humbolt with your voice, and you will always have the ability to disable access to the microphone.
In the event that you have any questions or concerns, please let Humbolt know at: firstname.lastname@example.org.
2 Key highlights of what you’re consenting to
By using or interacting with the Service, you are consenting to:
the transfer of your information outside of the country where you live;
the collection, use, sharing, and other processing of your information, including for advertising-related purposes); and
the possible public availability of your information and the controls over such information as described below.
3 The information Humbolt collects
Humbolt collects the following:
3.1 Registration data
- email address,
- date of birth,
- postal code, and
Connection to the Service through a Third Party Application (e.g., Facebook), authorizes Humbolt to collect authentication information, such as your username and encrypted access credentials. The Humbolt Service may also collect other information available on or through your Third Party Application account, including, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider.
3.2 Usage, log data & cookies
Use of the Service authorizes Humbolt to collect the following sorts of information:
information about your use of the Service, such as interactions with songs, playlists, other audiovisual content, other Humbolt users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;
the details of the queries you make and the date and time of your request;
User Content posted to the Service including messages you send and/or receive via the Service;
technical data, including, cookie data, your IP address, the types of devices you are using to access or connect to the Humbolt Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Humbolt application version.
motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope).
3.3 Your mobile device
Certain features of the Humbolt Service may require access to a mobile device or certain services on such device, such as access to the camera feature. Humbolt will ask for your permission to access such information and you do not need to consent to such access to use the Humbolt Services (but rather only the additional features). Granting permission once is not a permanent grant of permission and you can always turn off such access. Such information includes:
Photos and Camera: If you give Humbolt permission to access photos or your camera, it will only use images that you specifically choose to share with us. (You may use Humbolt application to select the photo or photos you choose to share, but Humbolt will never import the photos you review except those you explicitly share.).
Location: Humbolt will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. Humbolt will continue to use your IP address as described in Section 3.2 above, to determine, for example, what country you are in and comply with our licensing agreements.
Voice: Humbolt will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access.
3.4 Widget data
Other websites may integrate Humbolt widgets (such as the Humbolt Play Button or Humbolt Follow Button). When you visit a site with a Humbolt widget embedded, Humbolt may receive certain information, including information about the web page you visited. Humbolt and the widget can recognize you, and the widget may be used to show personalized content or advertising. Humbolt know when you interact with a widget, and websites containing the widgets may receive this information.
3.5 Payment data
If you sign up for a Trial, purchase any Humbolt Subscription, or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by Humbolt and/or the payment processors with which we work. Humbolt may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide Humbolt with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.
If you choose to pay by invoice, Humbolt may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.
3.6 Sweepstakes, contests & surveys
3.7 Humbolt service providers and partners
Humbolt may also receive information about you from service providers and partners, which will be used to personalize your Humbolt experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. Further information on use of such information is in the next section.
4 How we use the information we collect
Humbolt may use the information collected, including personal information:
to provide, personalize, and improve the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service;
to ensure technical functionality of the Service, develop new products and services, and analyze the Service, including User interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
to communicate for Service-related or research purposes including via emails, notifications, text messages, or other messages;
to communicate, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions communicated to Humbolt (e.g., through Humbolt account settings);
to, after expressly providing user permission, use your mobile app and phone number to send you informational, marketing and promotional text messages using an automatic dialing system;
to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
to process payments or prevent or detect fraud;
to provide, information, advertising, or other content which is influenced by location; and
5 Sharing information
5.1 Sharing by you
The Humbolt Service is a social service that offers many ways to find, enjoy, and share content. Your name and/or username, profile picture, who you follow, who follows you, and your Humbolt user profile will always be publicly available.
Playlists created or followed, your activity on the Service (e.g., what you listen to, music you share), recently played artists, your top tracks, your top artists, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service (e.g., what you listen to, music you share) will automatically appear on the Service and will, for example, be accessible by users who follow you or view your Humbolt profile. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username. Although this information is made public by default, in Your Preferences, we describe the controls that you can use, along with other relevant settings associated with your Humbolt account, to limit the sharing of your information.
Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your Humbolt activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request.
Humbolt may use your public information to promote the Service and to help others find and follow you and/or your Humbolt content, including through Facebook and other Third-Party Applications and on websites that embed Humbolt widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third-Party Applications, about your use of the Service (e.g., that you have joined Humbolt or activity related to a Humbolt profile, such as adding or removing tracks from a playlist).
With your explicit permission, Humbolt may notify other users of your location. Likewise, with other Humbolt users’ explicit permission, Humbolt may notify you about their whereabouts. Humbolt may offer you the ability to share this information to create shared experiences.
Learn more about how to manage notifications, your publicly available information, and what you share with others in Your Preferences below.
5.1.2 Third Party Applications
If you connect your Humbolt account to a Third Party Application, Humbolt may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, we inform you of the controls that you can use to limit the sharing of this information in the section Your Preferences below. The Third Party Application may also provide similar controls.
If you log into a Third Party Application with your Humbolt account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.
Humbolt also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other Humbolt users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the Humbolt Service, regardless of your Humbolt account settings.
5.1.3 Support Community
When you register for a Humbolt Support Account on the Humbolt Support Community, the Humbolt Service will ask you to create a specific Humbolt Support Community username, which will be publicly displayed to anyone who accesses the Humbolt Support Community. If you choose not to create such a username, your Humbolt username or your Facebook display name will be publicly displayed when you post User Content.
5.2 Sharing by Humbolt
5.2.1 Marketing and advertising
The Humbolt Service may share information with advertising partners in order to send you promotional communications about Humbolt or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information the Humbolt Service may share is in a de-identified format (for example, through the use of hashing) that does not personally identify you.
Please see the section Iabout cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options.
5.2.2 Service providers and others
5.2.3 Rights holders
The Humbolt service allows you to listen to fully-licensed streaming content. Humbolt shares information with the rights holders that license this content to Humbolt. The data that Humbolt shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information.
5.2.4 Certain Humbolt partners
If you access the Humbolt Service through an offer that you received or purchased from a third party such as your mobile network operator, the Humbolt Service may also share information with that third party about your use of the Humbolt Service, such as whether and to what extent you have used the offer, activated a Humbolt account, or actively used the Service.
5.2.5 Other sharing
In addition to the above, the Humbolt Service may also share your information with third parties for these limited purposes:
to allow a merger, acquisition, or sale of all or a portion of our assets;
to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of Humbolt, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
to publish de-identified or aggregate information about the use of the Humbolt Service; and
6 Your preferences
The Humbolt Service may provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on Humbolt, regardless of how you set your privacy settings.
To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for changing the settings on this website.
Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use Humbolt carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the Humbolt Service or other services.
7 Transfer to other countries
The Humbolt Service may display advertisements from third parties and other content that links to third party websites. The Humbolt Service cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.
The Humbolt Service is committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Humbolt Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.
The Humbolt Service is not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to Humbolt, please contact Humbolt at email@example.com, and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact Humbolt at firstname.lastname@example.org.
11 Accessing and updating user information
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting Humbolt through the Customer Service Contact form.
13 Information about cookies, other technologies and third-party data collection
13.1 What are cookies and other technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.
There are also technologies such as mobile device identifiers and SDK integrations to help companies recognize your device when you return to an app or otherwise use the service.
We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart:
These cookies are necessary to allow Humbolt to operate the Humbolt Service as you have requested. For example, they let Humbolt recognise what type of subscriber you are and then provide you with services accordingly.
Performance / Analytics
We use these cookies to analyze how the Humbolt Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the Humbolt Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells Humbolt about our newsletters' effectiveness and helps Humbolt ensure that we're delivering information that you find interesting.
These cookies let Humbolt operate certain functions of the Humbolt Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Humbolt Service, Humbolt can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services, and reminding you of content you have enjoyed.
Targeting / advertising
Humbolt use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure Humbolt do not display the same advertisement to you repeatedly) and to help Humbolt regulate the advertisements you receive and measure their effectiveness.
Humbolt work with web publishers, advertising networks, and service providers to deliver Humbolt ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness.
13.3 Manage your cookie and other preferences
Please note that if you choose to block cookies, doing so may impair the Humbolt Service or prevent certain elements of it from functioning.
There is no accepted standard on how to respond to Do Not Track signals, and Humbolt do not respond to such signals. Humbolt use the AdChoices Icon on our website, and it may also appear on certain targeted advertisements that Humbolt (or a service provider acting on our behalf) send to you based on information about your online activities. You may click on the AdChoices icon or visit aboutads.info to receive more information about the collection and use of information about your online activities for online behavioral advertising or to learn how to opt out of having your data used for online behavioral advertising by Digital Advertising Alliance (DAA) participating companies. Canadian users can also visit youradchoices.ca. European users can also visit youronlinechoices.com to learn how to opt out of having their data used for online behavioral advertising by European Interactive Digital Advertising Alliance (EDAA) member companies.
Another available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies.
On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Humbolt Service.
Humbolt work with advertising partners to serve advertisements on the Humbolt Service. One of the services Humbolt use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Humbolt may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads.
You hereby consent to the use of the cookies and other technologies described above.
13.4 More information
13.5 General Data Protection Rights Specifics (GDPR)
13.5.1 General. Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
Fair processing of information and transparency over how we use your use personal information;
Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address;
Require us to correct any mistakes in your information which we hold;
Require the erasure of personal information concerning you in certain situations;
Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
Object at any time to processing of personal information concerning you for direct marketing;
Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
Object in certain other situations to our continued processing of your personal information;
Otherwise restrict our processing of your personal information in certain circumstances; and
Claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
Email, call, or write to us;
Let us have enough information to identify you - (e.g., account number, user name, registration details);
Let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill);
Let us know the information to which your request relates including any account or reference numbers, if you have them;
If you would like to unsubscribe from any email newsletter you can also click on the unsubscribe button at the bottom of the email newsletter. It may take up to fifteen business days for this to take place.
13.5.2. Keeping Your Personal Information Secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to Complain
We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.