Updated: August 30, 2018
Welcome to David Chan's (“Owner”) website located at davidchanmusic.com ("Site"). This Privacy Policy addresses Owner's practices regarding information collected voluntarily from users of the Site, including users who register with the Site to obtain certain products and services (a "Member").
The Owner is committed to protecting the privacy of its users and Members and we respect the rights of our users worldwide. This Privacy Policy complies with policies in the United States as well as the European Commission’s General Data Protection Regulation (“GDPR”). This Privacy Policy therefore details how we collect, store, and use any information relating to an identified or identifiable natural person who can be identified by things like a name, identification number, address, etc. (“Personal Information”).
Owner can be contacted here. This Privacy Policy is incorporated into Owner's Website Terms of Use which governs your use of the Site.
The following is general privacy compliant information. Please also see the Owner’s current Privacy Policy below, which provides OUR current information.
General Privacy Policy Information
1. Types of Personal Information that Owner Collects from Site Users and Members
a. Who is collecting and receives your Personal Information: For information on who receives Personal Information, please see the Owner’s current Privacy Policy below.
b. Why we collect Personal Information: the Owner may, from time to time, collect Personal Information about you that you voluntarily consent to submit to the Site in order to become a Member of the Site, to purchase products or services from the Site, or to participate in online surveys, sweepstakes, contests, to receive newsletters or other activities. Processing of Personal Information may also occur if it is necessary for the purposes of the legitimate interests pursued by the Owner, except where such interests are overridden by the interests or fundamental rights and freedoms of the user and/or Member, which require protection of Personal Information. If you do not wish to provide such information to the Site, you may be unable to register and/or to obtain products or services from the Site.
c. Categories of Personal Information collected: Owner may collect or track Personal Information as listed in the Owner’s current Privacy Policy below.
2. How We Use Your Personal Information
Personal Information collected by Owner is always voluntarily submitted by you, the user. The information may subsequently be used by Owner for many reasons, for example, for recordkeeping, to fill orders, editorial and feedback purposes, statistical analysis of users' composite anonymous behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on visitors' home servers may be used for internal purposes, and individually identifying information, such as names, postal and email addresses, phone numbers, and other Personal Information which visitors voluntarily provide to Owner may be added to Owner's databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events, contingent on users opting in to receive such information.
Owner also may use Site visitor data to contact the Site visitors regarding registration and account status and changes to the Terms of Use, Privacy Policy, and any other policies or agreements relevant to Site visitors.
The Owner may retain the Personal Information collected from you only for as long as necessary to fulfill the Owner’s purposes, or as permitted by law. If the Owner no longer needs the Personal Information, the Owner may delete the Personal Information.
3. Sharing Your Personal Information with Other Entities
Except as provided herein, individually identifying Personal Information provided through the Site will not be sold, exchanged, transferred or otherwise disclosed to third parties not affiliated with Owner without your consent, other than for the express purpose of delivering the applicable purchased product or service or information requested.
4. Your Rights Regarding Your Personal Information
Applicable privacy law gives users certain rights to their Personal Information as follows:
a. Right of access and right to rectification: Users and Members have the right, via postal mail, email, or telephone, to request that Owner provide you with a summary of any Personal Information retained by Owner that has been voluntarily provided by you through online forms, registration forms, surveys, email, or another online avenue. You may modify, correct, change or update your Personal Information by contacting Owner via postal mail, email, or telephone at the addresses or number listed below.
b. Right of portability: Users and Members have the right to request their Personal Information be ported to another controller (a controller being someone who determines the purposes and means of processing Personal Information).
c. Right to be forgotten: Users and Members have the right to erasure of their Personal Information upon request.
d. Extra safeguards: Users and Members have the right to extra safeguards if sensitive information is being processed (e.g., health, race, sexual orientation, religion, and political beliefs).
e. How to exercise one of these rights: Contact the Owner’s Data Protection Officer listed below. If you reside in the European Union, the Owner is the controller of your Personal Information for the purposes of the GDPR.
5. Your Consent: Controls and Choices
a. Opt-in right: You have the right to consent freely to the processing of your Personal Information through a clear affirmative act, which may include ticking a box when visiting our Site, choosing technical settings, or other statements or conduct which indicates acceptance of the processing of your Personal Information.
b. Opt-out right: You have the right to withdraw your consent at any time by the opt-out process.
c. Managing your controls and choices: You may have the following controls and choices on our Site. Please see the Owner’s current Privacy Policy below for details.
i. Account Changes: If the Owner’s Site allows personal account registrations, you can make changes to your Personal Information, including password changes, etc.
ii. Removal of Personal Information: If you have an account on our Site, you have the option of deleting your account and/or Personal Information.
iii. Marketing: If the Owner conducts marketing, you can opt-in or opt-out to marketing as described below. This will allow you to choose whether you would like to receive, promotions, products, or services that might be of interest to you.
iv. Advertising: You can opt-in or opt-out of receiving advertising, if the Owner’s policy includes sending advertising to registered users of this site.
v. Subscriptions, Alerts, and Newsletters: You can opt-in or opt-out of receiving subscriptions, alerts, or newsletters from the Owner, if the Owner’s policy includes the aforementioned.
vi. Sharing your Personal Information with Third Parties: The Owner only shares your Personal information if the Owner’s current Privacy Policy states that it does. You can opt-in or opt-out of whether the Owner is allowed to send your Personal Information to third parties so they can send you products and services that might be of interest to you.
vii. Cookies: If cookies are used in such a way as to identify you either directly or indirectly, we will confirm that in the Owner’s current Privacy Policy below and you will be able to opt-in or opt-out of consent to the use of cookies on our Site.
6. Links to Third Party Websites
The Site may also contain links to third party websites. If you access a third-party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. Owner is not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. Owner does not control these third parties' use of cookies, collection of information, or how they manage such information.
7. Comments, Notices, and User Content
Any materials or comments posted to any of our webpages, if allowed on our Site, are public. As such, Owner assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
8. Cookies and Similar Technologies
We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. When a visitor performs a search within the Site, Owner may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request. Owner may place Internet "cookies" on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many websites frequently send to your web browser to be stored on your computer's hard drive in order to save data about you, such as your name, password, username, screen preferences, and the pages of a website you have viewed. When you revisit the Site, Owner may recognize you by your Internet cookies and customize your experience accordingly. Owner may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site.
9. Marketing and Advertising
The Owner may contact you with information applicable to our services and products. We may use Personal Information that we have collected from you in order to send you the most relevant information.
10. Processors
The Owner may use Processors who process Personal Information. The Owner will use its best efforts to ensure that any Processor engaged by the Owner complies with applicable laws.
11. Privacy of Children
The Site is not intended for children under the age of 16. The Site does not knowingly collect Personal Information online from visitors in this age group. All users must be at least 16 years of age in order to use the Site.
12. Security Measures
Owner has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to Personal Information. Despite Owner's efforts to protect your Personal Information, there is always a risk that an unauthorized third party may circumvent such procedures or that transmissions of your information over the Internet may be intercepted. The confidentiality of any communication or material transmitted to or from Owner via this Site or via email cannot be and is not guaranteed. Accordingly, Owner is not responsible for the security of information transmitted via the Internet.
The Owner has implemented policies in case a breach does occur. Users and Members will be notified, as well as the appropriate local authorities if a breach ever does occur.
13. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of Personal Information disclosed. In order to obtain such information, please submit your request here.
14. Governing Law and Jurisdiction
As stated in our Terms of Use, available on our Site, our Privacy Policy is governed by the law of the state of New York, with exclusive jurisdiction and venue in the state and federal courts located in and near, New York, NY. Nothing in our Privacy Policy, including any references to the laws of the European Union and the European Commission’s GDPR, shall constitute any waiver of governing law or jurisdiction or agreement to be bound by laws other than those governing in the United States.
15. Changes to Our Privacy Policy
Owner may change this Privacy Policy at any time. It is the obligation of users returning to the Site to learn of changes to the Privacy Policy since their last visit. Any change to this Privacy Policy shall be effective as to any visitor who has visited the Site before the change was made.
16. How to Contact Us
Please see the Owner’s current Privacy Policy for information.
Our Current Privacy Policy
1. Types of Personal Information that Owner Collects from Site Users and Members
a. Who is collecting and receiving your Personal Information: The Owner collects and receives your Personal Information. The Owner only requests user Personal Information in order to provide the information and services requested by the user with the user’s consent. Those services requested by users and provided by the Owner may include information and news on Owner related matters. The Owner does not sell, market, or provide any user data to third parties for any other purposes.
b. Why we collect Personal Information: The Owner collects Personal Information in order to share news and performance details relating to David Chan.
c. Categories of Personal Information collected: The categories of Personal Information collected for the above purposes, with the consent of Site users include:
i. First/Middle/Last Name
ii. Email Address
iii. Location
2. How We Collect and Retain Your Personal Information:
a. How we collect your Personal Information: Personal Information is collected from a user when they submit their information to subscribe to the Owner’s newsletter via an embedded e-newsletter sign up process.
b. Retention of your Personal Information: The Owner retains Personal information for the purposes of emailing newsletters with information relating to David Chan's activities, and therefore keeps the Personal information. If the Owner finds that Personal Information collected is no longer necessary for its purposes, it will delete the Personal Information.
3. Your Consent: Controls and Choices
a. Our current controls and choices on our Site are as follows.
i. Subscription and Marketing via contact page.
4. How to Contact Us
a. Data Protection Officer