Privacy Policy
Effective Date: 1-Nov-2020
Last updated: 6-July-2022
Juke Technologies Inc. (“Juke”), is a web based app designed to help musicians monetize their talents through a QR code that allows their fans to request and tip digitally. Additionally, Juke connects users to thousands of artists, venues and allows a forum for user to user interaction.
When you (collectively “user” or “you”) interact with Juke or the products we are developing, you may share information with us. We want to be upfront about the information we collect, how we use it, whom we share it with, and inform you about the controls we give you to access and change it.
Our Privacy Policy describes our practices regarding personal information (“Personal Data”) that we collect through our websites, web-based applications, and related services.
We use information collected only for the purpose of developing, validating, and improving our products and services. This Privacy Policy is incorporated into, and considered a part of, any Terms of Service or Customer Agreements that you agree to when interacting with Juke or any product or service we are developing (collectively “Services”).
We may collect Personal Data in the following ways:
information you provide,
information we get when you use our Service, and
information we collect from users and third parties.
Information You Provide
We collect information from you when you interact with our Services. The specific Personal Data we collect is dependent on which specific products and services you access.
If you use our Services as a Juke member, we collect information to maintain your Juke profile, including contact information and various data to match you to opportunities to help Juke companies, as well as data on the outcomes of those interactions.
If you use our Services as a beta tester, early customer, or regular customer, you will create an account with a specific product and service. This product or service will collect the required information to create your account and enable you to use the product or service.
Information We Get When You Use Our Services
When you use our Services, we collect information about how you’ve used them. We collect information when you visit any website or web-based applications provided by Juke or Juke-developed products and services, or when you communicate with us through email or other communication channels.
Here are the types of Personal Data we collect when you use our Services:
Account Creation. When you create an account, we collect Personal Data from you, such as your name, address, zip code, location, email address, bio, photographs, company name, and password.
Third-parties authorized by us. Our authorized third parties (e.g. email providers, text messaging providers, and payment processors) may collect Personal Data including your credit card number, bank account information, email address and location for the purpose of providing related services that are necessary to your use of our Services.
Communicating with us. We also retain information on your behalf, such as the Personal Data described above and any information that you submit to us. If you provide us feedback or contact us via email, we will collect your name and email address, any other information to verify you, as well as any other content included in the email.
Public forums. When you create a public profile, participate in our events, or post in our public areas, you consent to the collection and disclosure of your information to other users of our websites and forums. The information contained in your posting will be stored on our servers and shared with other users who have access to the forum.
Usage information. We collect information about your activity when you visit our websites and web based applications. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services.
Information collected on our website and web-based app. Our website uses cookies and other technology to function properly, to keep our Services secure, and to provide you with a personalized experience. We collect information about your activity, browser, and device such as your IP address, device type identifiers, operating system, Internet browser type, and language. We link the information we store in cookies to the Personal Data you provide us while on our site. For more information on cookies, please see our Cookie Policy here.
Location information. When you use our Services, we may collect information about your location using methods that include GPS and IP-based location services.
Information We Get From Users and Third Parties
We may collect information from public and commercially available sources. If you choose to share any Personal Data with us, you agree that you have obtained permission to share such information with us.
We use the information you submit to us to provide our Services, to improve our Services, to facilitate the relationship we have with our community, users, and customers, and to provide you with a personalized experience when using our Services this may include sharing your email address with users with whom you have interacted directly with.
To provide our Services. We use information you provide to keep our Services and operations up and running. Specifically, your Personal Data is used for the creation and security of your account, to identify you as a user in our system, to provide administration of our Services, to send you an email to verify ownership of email addresses provided by you when your account was created, to send you email notifications, to send you alerts and push notifications, and to send you promotional communications.
To improve our Services. We use the information you provide to develop and test new products and features, and improve our current products and features.
For marketing and advertising. We use information we receive from you through the use of your activity on our websites, web-based applications, and related services to improve our advertising services, ad targeting, and ad measurement, so that we can provide you with a personalized experience. This means that you may see ads that are personalized to you based on your location or your interests. You grant Juke a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use, copy, modify (for formatting purposes only), transmit, publicly and digitally display and perform and distribute any content that you provide to or share with Juke. Such license shall also permit Juke to use that content and other information related to your use of our Services for the purposes of conducting marketing activities and analyses, conducting statistical analyses and; maintaining or making improvements to our Services.
Authorized service providers. We share your Personal Data with service providers that are authorized by us and perform services on our behalf, including messaging, payment processing, customer support, hosting, fraud detection and control, direct mail and email distribution, events, contest, sweepstakes and promotion administration, marketing, and analytics services. We may also share Personal Data that is aggregated or de-identified information with authorized third parties for legitimate business purposes. We use third-party cloud data hosting and storage providers such as AWS or Firebase to store your information. In any event, we only share with authorized service providers the Personal Data that they need to perform services for us.
Compliance, Safety, and Security. We may also disclose your Personal Data for legal, safety, and security reasons. We may share information about you if we reasonably and in good faith believe that disclosing this information is necessary to:
comply with any valid legal process, governmental or regulatory request, or applicable law, rule, or regulation, including responding to subpoenas or warrants served on Juke;
investigate, remedy, or enforce potential violations of any agreement between you and Juke
protect or defend the rights or property of Juke, users of our Services, third parties, or the general public; and
detect and resolve any fraud or security concerns.
Corporate Transactions. In the event we enter into a merger, acquisition, or sale of all or a portion of our assets, we may disclose your Personal Data with third parties to facilitate this transaction.
You have control over your Personal Data and can change your account information, deactivate your account, or request opt-out in the following ways:
Change your account information. You may change some parts of your Personal Data in your account via our websites, web-based applications or by contacting us at support@juke.band or the designated support contact for the specific product or service you are using.
Deactivate your account(s). You may deactivate your account(s) by sending us a message.
Opt-out of promotional emails. We may periodically communicate with you to directly promote the use or purchase of our Services. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to opt-out by following the unsubscribe instructions provided in the e-mail or other communication you receive or by contacting us directly. Should you decide to opt-out, we may share your e-mail address or other contact information with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail or other communication preferences, we may send you notices of any updates to our Terms of Service or Privacy Policy.
You may provide information to be published or displayed (“Posted“) on public areas of the Application or websites you access through the Application (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons or used inappropriately.
We may revise our Privacy Policy from time to time. If we make any material changes in the way we use your Personal Data, we may notify you by sending you an email to the last email address you provided to us or by prominently posting notice of the changes on our website and updating the “Effective Date” at the top of this page. Changes to this Privacy Policy will be effective on the Effective Date reflected at the top of this page. By continuing to use our Service, websites, web-based application, Juke, or otherwise keep in touch with us, you acknowledge that you accept the changes to the Privacy Policy and agree to be bound by these terms and conditions.
Be aware that when Juke spins-out a company, that company is a distinct legal entity and will provide its own Privacy Policy and Terms of Service which may supersede Juke’s own Privacy Policy and Terms of Service, in all or part.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONSJuke (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”) through AutopilotHQ, Inc. (“Autopilot”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and Us in other contexts.User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at griffin@juke.band. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 2850 Moraga Street, San Francisco CA 94122 before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Juke’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Contact Us
If you have any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your choices regarding your information, please contact us electronically at support@juke.band