This User Agreement (the “Agreement”) is a legal agreement between you and Medly Labs Inc. (“Medly Labs”) respecting your use of Medly Labs services as described herein. BY CLICKING ON THE APPROPRIATE ACCEPTANCE BUTTON BELOW, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are accepting this Agreement on behalf of a company, employer or other entity, so that such company, employer or other entity and/or its employees and you are to be permitted to use the services and software hereunder, you are representing that you have the authority to bind such company, employer or other entity to this Agreement, and will also comply with this Agreement as an individual. If you have any questions or concerns about the terms of this agreement, please contact us at [email protected]
This policy is concerned with the protection of your personal information only. Personal information includes any data that can be used to identify you as an individual, including your name, income, personal opinion, interests, home contact information, identification numbers, user IDs, passwords, ethnic origin, and age. Under Canadian law, in a business context, personal information does not include the name, job title, business address, or business telephone number of any employee in an organization.
This policy describes the following practices:
NOTE: Medly Labs software and services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any personal information we believe was submitted by any child under the age of 13.
We collect information about you in the following ways:
Medly Labs offers the ability for you to submit information pertaining to the musical works and other content posted to, or submitted to third party applications and sites, through our services. The amount and level of detail of the information you provide is completely up to you, so that you control the type of content that is sent through Medly Labs’ services. Additionally, you will be provided with a user ID and a password, or the ability to create a user ID and/or password. This user ID and password information is kept confidential and stored securely by Medly Labs; any user ID created by Medly Labs and provided to you will not contain information personal to you, and any information personal to you contained in a user ID created by you is solely your responsibility.
Medly Labs’s software and services contain features that automatically collect information from users, such as the number of times a specific musical work is viewed by other users, the number of times a specific musical work is uploaded to a third party application and/or site, the number of musical works that are uploaded by specific user IDs, usage statistics, and other tracking information. Although this information will not identify you personally, it nevertheless provides certain information about you. We use this information to improve our services, but we may also share this information – in aggregate form – with the third party application providers or sites to which our services are linked, so that they are aware of the number of users who have uploaded musical works to their applications or sites, and other aggregate information which may help them to improve their products and services.
Additionally, use of Medly Labs’s website and/or software may result in the collection of technical information such as your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences); such information is used to help us understand the overall usage pattern of our website and software.
You have the ability to post information through Medly Labs’ services, such as comments and opinions. Please be advised that any personal information that you voluntarily post to any public forum or to any area where third parties may legally access it (including third party applications or sites, such as YouTube), will NOT be considered confidential in any way, and Medly Labs will not have any obligation to protect it in a secured system or obtain your consent to its disclosure, as you will have made the decision to publicly post it. However, at your request, Medly Labs will be happy to change it, remove it, or restrict access to it (subject to technical feasibility) in order to protect the integrity of the personal information. You acknowledge that any such change, removal or restriction by Medly Labs may not affect any existing access of the personal information if such personal information was posted to third party applications or sites, and that it is your responsibility to contact such third party applications or sites directly to manage your personal information.
Customers and business partners often contact us directly. When you contact any Medly Labs employee by telephone, e-mail, in person, or through our website, you will be asked to provide consent to the collection of personal information if your personal information will help us deliver the information, products, or services you require.
From time to time, Medly Labs may invite you to provide us with information for specific purposes. We may ask for this information through feedback features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.
Occasionally, Medly Labs will obtain information about you from third parties, such as mailing list providers, third party service providers, ISPs, or third party application or account providers. Third-party providers are responsible for obtaining consent for the release of personal information to us from those individuals identified on mailing lists, surveys, or through other collection methods.
Subject to any exceptions stated above in the collection of information section, should Medly Labs collect any of your personal information, we will follow these practices regarding the distribution of that information.
Medly Labs uses reasonable precautions to protect your personal information and store it securely. Access to your personal information is restricted to those personnel who need it, and Medly Labs takes reasonable steps to prevent the unauthorized use or disclosure of your personal information.
Medly Labs only uses and discloses your personal information if it helps us facilitate your needs, improve our products and services, meet legal and regulatory requirements, or — to the limited extent possible — manage our internal business operations. Additionally, if there are any disclosure or use restrictions in your consent to the collection of your personal information, Medly Labs will abide by those restrictions (subject to the consent exceptions listed below).
Medly Labs may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then disclose the aggregate information to third parties, so they can obtain an overall picture of Medly Labs’s products, services, and/or usage patterns.
Medly Labs provides your information to third parties only for purposes to which you have consented, and we require such third parties to keep your information confidential.
In a few situations, Medly Labs may be required to disclose your information without your prior consent. For example, Medly Labs may disclose your information if we are required to do so by law, or if we believe in good faith that such disclosure is necessary to:
Medly Labs will always try to provide you with prior notice of such disclosure; however, such notice may not always be possible or reasonable given the circumstances.
You also have the ability to use features of the services which allow you to interact with other users of Medly Labs’ services, such as by “following” other users, “liking” other users’ musical works, and commenting on musical works, and/or to publish your musical works and other personal data created through your use of the services on certain supported third party social networking sites and/or social media applications, such as YouTube. By using these features, you are deemed to have given your consent to Medly Labs’ use, dissemination and publication of the information you have indicated that you want to share through these features, subject to the parameters that you indicate, even if such information constitutes or contains your personal information. Where such information is being shared with third party social networking sites and/or social media applications, you acknowledge that such information, once shared, is subject to such third party’s data collection and privacy policies, over which Medly Labs has no control, and for which Medly Labs shall in no event be liable.
Medly Labs has established the following practices regarding the maintenance of your personal information.
Sometimes, it will be necessary for you to update your personal information Medly Labs has on file. For example, if you change your e-mail address, you can do so by logging into your account with Medly Labs and changing the information yourself. Due to the way in which certain information is stored, it is not possible for you to obtain access to or change the statistical information that Medly Labs stores pertaining to you, such as how many times you have used the application. However, you may request that such information be destroyed, as described below.
Additionally, you always have the choice of whether you wish to receive information from Medly Labs. In some cases, you may do so simply by changing the preferences in the software application through which Medly Labs provides the services.
If you do choose to opt out of communications respecting products and services provided by Medly Labs, you may not obtain all the benefits we could otherwise provide, such as updates or warnings. Medly Labe will not have any liability to you for your loss of those benefits or any negative effects respecting your use of Medly Labs products or services.
A situation may arise where you desire to have all of your personal information that is contained in Medly Labs’ records deleted or destroyed. If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of Medly Labs’ records. However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes. We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.