Welcome to Boomplay. Boomplay is a service provided by TRANSSNET MUSIC LIMITED ("TML").
This End User License Agreement ("EULA") describes the terms and conditions applicable to your access and use of the products and services offered therein.
Please read the following carefully before using the Sites or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Boomplay, its affiliates, licensors, content providers, and other users.
THIS EULA FULLY INCORPORATES BY REFERENCE:
A.PRIVACY AND COOKIES POLICY
B.END USER INTERACTION GUIDELINES
C.ALL OTHER POLICIES AND GUIDELINES OF THE SITES AND MATERIALS, SERVICES, AND/OR DOWNLOADING AND/OR USING SOFTWARE (AS SUCH TERMS ARE DESCRIBED BELOW), INCLUDING WITHOUT LIMITATION
D.DATA PROCESSING ADDENDUM
By using these Sites and the services and products offered on or through them, you may access the Boomplay Website and the Boomplay Music service.
As used in this EULA, the term,
"Software" includes the Boomplay Website, any Boomplay Music player, any other software owned or controlled by TML which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. Software includes security components that permit digital information to be protected (i.e, "DRM" components) and its use to occur only as permitted by usage rules set by Boomplay and/or its licensors who have provided Materials (as defined herein below) for the Services.
Using this Site, you may access some or all the services ("Services") offered by TML and its licensors and authorized business partners (collectively, "Providers").
The Services include, but are not limited to the Boomplay Music, video subscription, download/Streaming facility, playlist creation, account maintenance and the Boomplay subscription service (collectively, "Subscription Service").
By using these Sites, the Services, the Materials and/or downloading and/or using Software, you automatically signify your agreement with and acceptance of this EULA. You also agree to ensure that anyone who uses these Sites, Software, the Materials and/or the Services on your computer also strictly abides by and adheres to this EULA.
TML has the right to revise, alter, change, modify, supplement and/or amend (collectively, "revisions") this EULA at any time for any reason, in its sole discretion, however it shall provide adequate notice to its users. Your continued use of these Sites, Software, the Materials and/or the Services shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the Sites, Software, the Materials and/or the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts or the entire Sites without notice or liability. Your continued use of the Sites, Software, the Materials and/or the Services after such revisions shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. You should check this website regularly to determine if any changes and or updates have been made to this EULA.
If you do not meet the requirements (as described below) or agree to (or cannot comply with) this EULA, as may be revised from time to time, you must stop using the Sites, Software, Materials and Services and, if applicable, cancel your Subscription Service. This license will terminate upon conditions set forth elsewhere within this EULA or if you fail to comply with any term or condition of this EULA. In such event, no notice shall be required by TML to affect such termination.
Your privacy is very important to us at TML. To better protect your rights, we have provided the Boomplay Privacy Policy to explain our privacy practices in detail. This Privacy Policy is incorporated herein by reference and all users of the Services, Sites, Materials and Software are bound by its terms. You understand, acknowledge and agree that any use of the Data collected when you open an Account (as described herein) or use the Sites, Software, Materials and/or Service as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.
We recognize that your privacy is very important and take it seriously. This Privacy and Cookies Policy describes Transsnet Music Limited's (herein referred to as "Boomplay Music" or "Boomplay Music services" or "Boomplay Music products" ) policies and procedures on the collection, use and disclosure of your information when you use the services, websites, and applications offered by Boomplay Music (the "Services") and tells you about your privacy rights and how the law protects you. By using the Services, you consent to our use of your information in accordance with this Privacy & Cookies Policy. We will not use or share your personal information with anyone except as described in this Privacy and Cookies Policy. Capitalized terms that are not defined in this Privacy and Cookies Policy have the meaning given them in our End User License Agreement
With that in mind, this Privacy and Cookies Policy is designed to describe:
• Who we are and how to contact us
• Your rights relating to your Personal Data
• Marketing communications preferences
• What Personal Data we collect
• How we use your Personal Data and why
• How we use cookies and other tracking or profiling technologies
• Who we share your Personal Data with
• How long we store your Personal Data
• Where we store your Personal Data
• How we protect your Personal Data
• Our policy on children's privacy
• Links to other websites
•Changes to our Privacy & Cookies Policy
This Privacy & Cookies Policy is intended to meet our duties of transparency under the "General Data Protection Regulation" or "GDPR".
We will post any modifications or changes to this Privacy & Cookies Policy on this page and you will be notified through all our channels of services.
Who we are. Transsnet Music Limited. (doing business as Boomplay Music) is the Controller (for the purposes of the GDPR) of your Personal Data (referred to as either "Boomplay Music", "we", "us" or "our" in this Privacy & Cookies Policy). Our address is Rooms 06, 13A/F., South Tower, World Finance Centre, Harbour City, 17 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong
How to contact us. If you have any questions about our practices or this Privacy & Cookies Policy, please contact us at privacy.boomplay@transsnet.com
You have the right under this Privacy and Cookies Policy, and by law if you are within the EU, to:
• Request access to your Personal Data. If you are within the EU, this enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right if you are within the EU to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
• Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your Personal Data. If you are within the EU, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent. This right only exists where we are relying on consent to process your Personal Data ("Consent Withdrawal"). If you withdraw your consent, we may not be able to provide you with access to the certain specific functionalities of our Site. We will advise you if this is the case at the time you withdraw your consent.
How to exercise your rights. If you want to exercise any of the rights described above, please contact us using the contact details in Who We Are and How to Contact Us.
Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you would like to submit a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at:
privacy.boomplay@transsnet.com
We will reply to your complaint as soon as we can.
If you feel that your complaint has not been adequately resolved, please note that if you are in the EU the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner's Office.
You can ask us to stop sending you marketing messages or modify your email preferences at any time through any of the following methods:
• by following the opt-out links on any marketing message sent to you; or
• Go through the notification switch off process in the settings on your Application.
• by contacting us at any time using the contact details in Who We Are and How to Contact Us.
Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of emails relating to existing or pending hires, purchases or investments using the Services or consent to direct marketing communications.
Boomplay Music uses Personal Data we collect to provide the Services, personalize content, remember information to help you efficiently access your account, analyze how the Services are used, diagnose service or technical problems, maintain security, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track user content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws across the globe .
Information You Directly Provide to Us. There are many occasions when you provide information that may enable us to identify you personally ("Personal Data") while using the Services. The Personal Data we may collect from you is outlined in the table below.
| Category of Personal Data collected | What this means |
|---|---|
| Identity Data | First name, surname, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, picture, social security number and/or tax identification number, password, copies of ID cards or other forms of identification. |
| Contact Data | Your home address, work address, billing address, email address, telephone numbers and contact lists. |
| Online Presence Data | Links to your public account pages at social media websites, links to personal websites, and other online materials related to you. |
| Financial Data | Your bank account and payment card details, statements about your wealth and financial situation. |
| Transaction Data | Any details about payments to and from you and other details of subscriptions and services you have purchased from us. Data in respect of your transactions with third parties (including your credit history). |
| Content Data | Any content you post to the Services not already included in another category, including without limitation, your profiles, questions, preference settings, answers, messages, comments, and other contributions on the Services, and metadata about them (such as when you posted them) ("Content"). |
| Marketing and Communications Data | Your preferences in receiving marketing from us and our third parties and your communication preferences. If you correspond with us by email or messaging through the Services, we may retain the content of such messages and our responses. |
| Behavioral Data | Inferred or assumed information relating to your behavior and interests, based on your online activity. This is most often collated and grouped into "segments." |
| Technical Data | Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or use our services. |
Personal Data from Third Party Sources. In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we may also collect certain of your Personal Data from third party sources, some of which may not be publicly available. Examples of these sources are broken down in the table below.
| Third party data source | Category(ies) or other types of Personal Data received. |
|---|---|
| Social Media Sites | • Identity Data • Contact Data • Online Presence Data • Contact lists from other social media accounts |
| Our Affiliates |
• Identity Data • Contact Data • Marketing and Communications Data • Behavioral Data • Investment Data • Transaction Data • Financial Data • Content Data |
| Our Payment Partners |
• Identity Data • Contact Data • Investment Data • Transaction Data • Financial Data |
| Analytics Providers |
• Behavioral Data • Technical Data |
| Advertisers |
• Behavioral Data • Technical Data |
| Data Brokers |
• Identity Data • Contact Data • Behavioral Data • Technical Data • Online Presence Data |
| Identity Verification and Compliance Service Providers |
• Identity Data • Contact Data |
Aggregated Data. We may also collect, use and share "Aggregated Data" such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy & Cookies Policy.
No Special Categories of Personal Data. We do not collect any "Special Categories of Personal Data" about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We generally use Personal Data for the following: to deliver and improve our Services; to manage your account and provide you with customer support; to perform research and analysis about your use of the Services; to develop, display, and track Content and advertising tailored to your interests on the Services and other sites, including, potentially, providing our advertisements to you when you visit other sites; website or mobile application analytics; to diagnose or fix technology problems; to automatically update the Services on your device; to verify your identify and prevent fraud or other unauthorized or illegal activity; to enforce or exercise any rights in our Terms of service contained in our End User License Agreement(EULA);
In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a legal basis for that use if you are within the EU. The legal bases depend on the Services you use and how you use them. This means we collect and use your Personal Data only where:
• We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests; or
• We need to process your data to comply with a legal or regulatory obligation.
We may also rely on your consent as a legal basis for using your Personal Data where we have expressly sought it for a specific purpose. If we do rely on your consent to a use of your Personal Data, you have the right to change your mind at any time (but this will not affect any processing that has already taken place). We have set out below, in a table format, more detailed examples of relevant purposes for which we may use your Personal Data.
| Purpose | Why do we do this |
|---|---|
| To personalize our Services | To create unique personalized products that are relevant to you, we use your network, preferences, interests and activities based on the following information: data we collect and understand from you and third parties; how you use our products and interact with it; the users who you build relationships and interests with in our products. |
| Providing, updating, and maintaining our Services, Site and business |
To deliver the Services you have requested, including, for example, registering you as a user, managing your account and profile, and authenticating you when you log in. For our talent-related Services, this also includes, for example, surfacing relevant jobs, including you in candidate search results, and effectively matching your skillset and interests with available jobs on the Site. For our investment related services, this also includes, for example, establishing your eligibility to invest on the Site under applicable laws, third-party contractual obligations and internal policies, surfacing suitable investment products for you on the Site, and providing tax and other investment related reporting for investors. |
| Processing investments and payments | To close investments and process payment for any purchases, subscriptions or sales made on our Site, to protect against or identify possible money-laundering or other fraudulent transactions, and otherwise as needed to manage our business. |
| Research and development | To enable us to improve the Services and better understand our users and the markets in which we operate. For example, we may conduct or facilitate research and use learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns, areas for additional features and improvement of the Services and other insights. We also test and analyze certain new features with some users before introducing the feature to all users. |
| Communicating with users about the Services | To send communications via email and within the Services, including, for example, responding to your comments, questions and requests, providing customer support, and sending you technical notices, product updates, security alerts, and administrative, billing and account management related messages. We may also provide tailored communications based on your activity and interactions with us. For example, we may provide you with updates regarding hiring and recruiting related matters, notify you of investment opportunities, and providing information regarding your investments through the Site. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings. |
| Providing customer support | To resolve technical issues you encounter, to respond to your requests for assistance, comments and questions, to analyze crash information, to repair and improve the Services and provide other customer support. |
| Enhancing security | To keep our website, our Services and associated systems operational and secure, including, for example, verifying accounts and activity, monitoring and investigating suspicious or fraudulent activity and to identify violations of our terms and policies. |
| Marketing, promoting and driving engagement with the Services and third-party products and services | To send promotional communications that may be of specific interest to you, including, for example, by email and by displaying products, investment offerings, job listing, candidates, events, promotions and other information on our Site or other companies' websites. These communications may be aimed at driving engagement and maximizing what you get out of the Services or promoting third-party products and services. You generally can control whether you receive these communications as described in this policy under Marketing Communications Preferences. |
| To comply with applicable law, legal process and regulations and protect legitimate business interests | As we believe is reasonably necessary to comply with a law, regulation, order, subpoena, rule of a self-regulatory organization or audit or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others, such as, for example, in connection with with the acquisition, merger or sale of securities or a business (e.g. due diligence). |
What happens when you do not provide necessary Personal Data? Where we need to process your Personal Data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the functionalities of the Services). In this case, we may have to stop you using our Services.
How We Use Cookies and Other Tracking or Profiling Technologies
Boomplay Music may collect non-personally identifiable information regarding your usage of the Services, including the pages and articles and presentations you viewed, time spent using certain features of the website, demographic data such as server locations, connection speed, and other information that does not identify you. Like most online services, we also use cookies, log files, clear GIFs, tracking pixels, web beacons, and other technologies that may collect Personal Data.
What are cookies? When you visit the Services, we may send one or more "cookies" – small data files – to your computer to uniquely identify your browser and let Boomplay Music help you log in faster and enhance your navigation through the Site. A cookie may convey anonymous information about how you browse the Services to us so we can provide you with a more personalized experience, but does not collect personal information about you. A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser.
What cookies do we use? Our Site uses the following types of cookies for the purposes set out below:
| Type of cookie | Purpose |
|---|---|
| Essential Cookies | These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request to load quickly. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those services. |
| Functionality Cookies | These cookies allow our Site to remember choices you make when you use our Site, such as remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site. |
| Analytics and Performance Cookies | These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered via these cookies does not "directly" identify any individual visitor. However, it may render such visitors "indirectly identifiable". This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access our Site. The We |
| Targeted and advertising cookies | These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites. Third party advertisers may also use other technologies in addition to cookies placed on the Site (such as JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. |
| Social Media Cookies | These cookies are used when you share information using a social media sharing button or "like" button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this. These cookies may also include certain code that has been placed on the Site to help track conversions from ads, optimize ads based on collected data, build targeted audiences for future ads, and remarket to qualified leads—users who have already taken certain action on the Site. |
How can I disable cookies? You can typically reset your web browser to refuse all cookies or to notify you when a cookie is being sent. In order to do this, follow the instructions provided by your browser (usually located within the "settings", "help" "tools" or "edit" facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Services and some features of the Service may not function properly. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Services.
Log Files: Log file information is automatically reported by your browser each time you access a web page. When you use the Services, our servers automatically record certain information your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear GIFs Information (Web Beacons): When you use the Services, we may employ clear GIFs (also known as web beacons or tracking pixels) to anonymously track online usage patterns. No Personally Identifiable Information from your Boomplay Music account is collected using these clear GIFs. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients. The information collected is used to enable more accurate reporting and make Boomplay Music better for our users.
Third Party Services: Boomplay Music may use third-party services which may include but not limited to Google Analytics, Segment, Full story or Amplitude to help understand use of the Services. These services typically collect the information sent by your browser as part of a web page request, including cookies and your IP address. They receive this information and their use of it is governed by their respective privacy policies.
We may share your Personal with third parties in the ways that are described in the table below. We consider this information to be a vital part of our relationship with you.
| Recipients | Why we share it |
|---|---|
| Our Affiliates | Our affiliates may access your Personal Data to help us develop, maintain and provide our Services and help manage our customer relationships (including providing customer support, customer liaison, fund advisory services, etc). |
| Service Providers | Our service providers provide us support for our Services, including, for example, website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis, identity verification, background and compliance reviews, fund administration, banking services, and other services for us, which may require them to access or use Personal Data about you. |
| Professional Advisers | Our lawyers, accountants, bankers, auditors and insurers may need to review your personal data to provide consultancy, compliance, banking, legal, insurance, accounting and similar services. |
| Legal and Taxing Authorities, Regulators and Participants in Judicial Proceedings | Boomplay Music may disclose your Personal Data if we believe it is reasonably necessary to comply with a law, regulation, order, subpoena, rule of a self-regulatory organization or audit or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others, such as, for example, in connection with with the acquisition, merger or sale of securities or a business (e.g. due diligence). |
| Advertisers | Certain users of the Services may have access to your Personal Data for the purpose of enabling them to interact with you and more effectively offer opportunities through the Site that are targeted towards your background and preferences. We may also allow third-parties, including ad servers or ad networks, to serve advertisements on the Site, and such third parties may be provided with access to your Personal Data to provide advertising tailored to your interests. |
| Researchers | To enhance the public understanding of patterns and trends in the markets served by or Services, we may provide Personal Data to third parties under confidentiality obligations such as, for example, academics or contractors for research purposes. |
| API Users | A limited number of partners have API access to portions of the Site. Examples of the most common API uses are OAuth and AML/accreditation verification of potential investors. |
In addition, Personal Data you choose to add to your profile will be available for public viewing on the Site. You may ask us to show your information only to a select set of Users, and we will do our best to limit disclosure to those Users but we cannot promise that no one else will see your information on the Site, nor do we control what users who are allowed to see your information will do with it. If you want your information to remain private, don't make it available to other users on our Site. If you are a User, some of your activities may not be accessible to other users, but other users may still be able to infer certain facts about your activities and identity on Boomplay Music. In addition, Boomplay Music advisers, Top level employees and lead investors may have access to your Personal Data to help them evaluate, invite and communicate with you as a User If you are a User, your information will generally be publicly available, and they may have access to your Personal Data to assist them in discovering, evaluating and tracking communications.
As we develop our business, we may buy or sell businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, we may also transfer your Personal Data as part of the transferred assets without your consent or notice to you.
We may also share non-Personal Data (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Services or conduct independent research based on such anonymous usage data.
If you request that we remove your Personal Data as described in Your Rights Relating to Your Personal Data, we will convey that request to any third-party with whom we have shared your data. We are not, however, responsible for revising or removing your Personal Data obtained by any third party who has previously been provided your information by us in accordance with this policy or any third party to whom you have provided such information (whether by sharing your login and password, or otherwise).
We will retain your information for as long as your account is active or it is reasonably needed for the purposes set out in How We Use Your Personal Data and Why unless you request that we remove your Personal Data as described in Your Rights Relating to Your Personal Data. We will only retain your Personal Data for so long as we reasonably need to use it for these purposes unless a longer retention period is required by law (for example for regulatory purposes). This may include keeping your Personal Data after you have deactivated your account for the period of time needed for us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.
The Services are maintained in the Hong Kong. Personal Data that you provide us may be stored, processed and accessed by us, our staff, sub-contractors and third parties with whom we share Personal Data in Hong Kong or elsewhere inside or outside of the EU for the purposes described in this policy. We may also store Personal Data in locations outside the direct control of Boomplay Music (for instance, on servers or databases co-located with hosting providers). Although we welcome users from all over the world, by accessing the Services and providing us with your Personal Data, you consent to and authorize the export of Personal Data to Hong Kong and its storage and use as specified in this Privacy & Cookies Policy. Note the laws of Hong Kong might not be as comprehensive or protective as laws in the country where you live.
Because the Services are maintained in Hong Kong, we do not transfer your Personal Data from the EU to any parties located outside the EU other than Personal Data relating to Users' activities within the app.
Boomplay Music uses industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality. We cannot, however, ensure or warrant the security of any information you transmit to Boomplay Music or guarantee that your information on the Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, managerial, or technical safeguards.
We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event that personal information is compromised as a result of such a breach of security, Boomplay Music will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy and Cookies Policy, or as otherwise required by applicable law.
Boomplay Music cannot ensure that your Personally Data will be protected, controlled or otherwise managed pursuant to this Privacy and Cookies Policy if you share your login and password information with any third party, including any third party operating a website or providing other services.
Protecting the privacy of young children is especially important. The Services are not intended for children below 18 and Boomplay Music does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with the Services. If you are under the age of 18, please do not submit any personal information through the Site or the Boomplay Music App. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy and Cookies Policy by instructing their children never to provide personal information on this Site. If we become aware that we have collected personal information from a child under age 18 we will take steps to remove that information.
This Privacy & Cookies Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by Boomplay Music. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Privacy and Cookies Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Privacy & Cookies Policy at any time. Any changes or updates will be effective immediately upon posting to this page. You should review this Privacy & Cookies Policy regularly for changes. You can determine if changes have been made by checking the Effective Date below. Your continued use of our Site following the posting of any changes to this Privacy & Cookies Policy means you consent to such changes.
If you desire to download music available from Boomplay and/or its licensors, you must register with Boomplay to open an account("Account") for the purpose of subscribing for and/or downloading and/or using content from the Sites or to purchase Subscription Services.
You represent, covenant and agree that you will access the Services in connection with your Account only from the country you identify as your residence when you establish your account, and if not, this EULA may no longer be valid. As part of the registration process, each user will be asked for such personally identifiable information as name, email address, age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, "Data"), as well as asked to select a password ("Password") and User Name ("User Name"). You agree to provide TML with accurate, complete, and updated Account information, and maintain and promptly update such information to keep it accurate, current and complete. If you provide any information determined by TML, in its sole discretion, to be untrue, inaccurate, not current, incomplete, misleading or designed to deceive, or if TML, in its sole discretion, believes it has a basis to suspect that such is the case, TML has the right to immediately suspend or terminate your account, either with or without notice to you, and refuse to grant any and all current or future access and use of the Services (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Sites, Software, Material and Services.
You may not:
(i) select or use a User Name of another person or third party entity with the intent to impersonate that person or third party entity;
(ii) use a name subject to the rights of any other person or third party entity without authorization; or
(iii) use a User Name that TML, in its sole discretion, deems inappropriate, provocative or offensive.
(iv) You shall notify TML's customer support of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and/or Password.
(v) You will be responsible for maintaining the confidentiality of your User Name and Password.
TML may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that TML believes, in its sole discretion, is:
(a) Sharing and posting illegal, fraudulent, harassing, abusive or otherwise improper or inappropriate content and/or comment;
(b) a violation of this EULA, any other Laws, policies or guidelines posted by TML on any of its Sites; or
(c) harmful to other users, third parties, the Services, or the business interests of TML.
(d) Sharing of harmful and or libelous content (either in text, image, audio-visual or audio) on any of TML sites
(e) Being investigated by a lawful authority in Users country of domicile or global security agency
(f) Using account to perpetrate advance fee fraud or deceptive engagement of other users
(g) Other circumstance TML considers appropriate to terminate or suspend your account.
If TML has terminated a portion, but not all, of your access to the Services for the foregoing reasons, you will nevertheless be responsible for all the charges for the Services, if any.
Use of an Account for illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
If you file a claim against TML, or a claim which in any way involves TML or the Boomplay, then TML may terminate your Account. Upon termination of your Account by TML for any of the above-mentioned reasons, TML may prohibit you from ever opening up another Account, as determined by TML in its sole discretion. Upon termination of your Account, TML will have no obligation to notify any third parties nor will TML be responsible for any damages or liabilities that may result or arise out of termination of your Account.
You understand and agree that our advertising relationships help us to make the Service available to you. The information that you submit to the Service through the Site remains your property, but by using the Sites, Software and Materials and by participating in the Service, you grant us the right to use such information for marketing purposes, including, but not limited to, sharing such information with third parties only for making the services available to you.
TML may use such information to:
(i) directly market certain offers to you via e-mail marketing, telemarketing, direct mail, mobile telephone text messaging (including, without limitation, SMS and/or MMS) and other methods,
(ii) monitor compliance with our Site Terms of Use and/or this EULA, and
(iii) ensure content improvement and feedback purposes.
(iv) sell the personal information that you supply to us and we may join with other third-party businesses to bring selected retail opportunities to you.
These businesses may include, but are not limited to, providers of online, e-mail, telemarketing and direct mail marketing services and applications.
(v) Such services and applications may include, but not be limited to, lookup and reference, data enhancement, overlay, appending, suppression and validation.
By registering on the Site for our Service, you are indicating that you have read and agree to this EULA and the Privacy Policy and of its all terms and conditions, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
You also agree to receive marketing promotions and other solicitations from this Site, its advertising partners and/or other third party advertisers (collectively, "Site Sponsors") based on the information you provide on this Site, and expressly agree to be contacted by any such Site Sponsors through the following but not limited to direct mail, phone, pre-recorded message, SMS text and/or email.
You are not obligated to opt-in to receive any Site Sponsor offers when you participate in the Services. However, if you choose to opt-in to receive any Site Sponsor's offer(s), you understand and agree that such Site Sponsor may contact you using the registration information you provide to TML including without limitation, by telephone or email, pursuant to the terms and conditions of this EULA and Boomplay's Privacy Policy.
All materials and works published by TML on any of its Sites or available from the Services (including, but not limited to, audio files and streams, audio-visual and video files and streams text, images, illustrations, etc.) are owned or controlled by TML, subsidiaries and/or affiliated companies or a third-party provider or licensor, and may be referred to herein as "Materials".
The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this EULA, certain other policies and agreements, and applicable law.
Further, the third-party providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time. Your use of the Materials is subject to the following prohibitions and restrictions:
(i) You are prohibited from copying, reproducing, uploading, exporting, transferring, selling, forwarding, sharing with others or transmitting the Materials in any way unless specifically authorized by TML
(ii) You may use the Materials for specifically personal, non-commercial entertainment use only;
(iii) you are not granted any commercial exploitation right which includes but not limited to sale, resale, reproduction, distribution or promotional use rights for the Materials, including but not limited to any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
(iv) You are prohibited from making modifications, alterations, adjustment, change, adaptation, improvement, refinement, revision to the Materials or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or other website.
(v) You are prohibited from making any use of the Materials that would infringe the copyrights therein.
(vi) You must comply with all applicable law in your use of the Materials and agree to protect any third-party licensor's rights therein.
(vii) You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law.
(viii) You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions.
(ix) All rights not expressly granted to you in this EULA are reserved to TML and/or its licensors.
(x) TML (for itself and for the Materials' owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
The age of eligibility to use these services shall be Eighteen (18) years of Age .
By opening an Account, you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. Normally, we don't allow children under 18 to use the account, but if the customer allows his/her minor to access the account, the customer will be full responsible for any conduct of his/her minor..
Pursuant to the provisions of Children's Online Privacy Protection laws in other countries, our policy is to refuse individuals under the age of Eighteen (18) to submit information to the Sites or to install and/or use Software, Materials and/or the Service. If you are under Eighteen (18) years of age, you are not permitted to install Software or use the Sites, Materials and/or the Service. If you are under 18 years of age and you have either agreed to this EULA or created an account through the Site by lying about your age, you are in violation of this EULA and our Privacy Policy. You must immediately discontinue any use of these Sites, uninstall Software and discontinue any use of the Service.
By completing the Service registration and clicking the "I Agree to the Terms and Condition" checkbox and/or the "Submit" button and/or other call-to-action button (e.g., "Start Downloading Now") or completing the billing page, you authorize TML to charge applicable fees to your billing payment method designated during the registration process, on a pre-paid basis if applicable. TML may make various payment methods available to you, including but not limited to Crypto-currency, PSMS, Credit card, mobile money and scratch cards, and TML may cease offering any particular payment method at any time, in its sole discretion, at which time you will be required to select a different payment method to continue using the Services. If we are unable to charge your billing payment method for any payment, TML may, in its sole discretion, take any of the following actions:
(i)deny purchase,
(ii)immediately suspend or terminate your Boomplay account.
Unless you unsubscribe from Boomplay, TML will automatically collect and retain your billing information and Account information for future purchases without providing notice.
Prices quoted are generally inclusive of any applicable taxes that are required to be collected and remitted by TML, including any sales taxes.
When you use iOS to access our service, you agree to be charged on an auto-renewal monthly subscription plan based on the availability of currencies in iOS IAP or the following currencies in the table below based on the personal and payment data you provide us;
| COUNTRY | RATES |
|---|---|
| Nigeria | NGN 500.00 |
| Tanzania | TZS 5200.00 |
| United Kingdom | GBP 1.99 |
| Other Countries | USD 1.99 |
Please note the following;
- TML collects your personal data as described in our privacy policy section of this agreement to activate your auto-renewal monthly subscription.
- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
*PLEASE KINDLY READ THIS CAREFULLY*
THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU ACCESS THEM AT YOUR OWN RISK. TMLMAKES NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CUSTOM, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, TML MAKES NO GUARANTEES, CLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES PROVIDED BY LICENSORS, ADVERTISERS, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE SITES, SERVICES, MATERIALS OR SOFTWARE.
NEITHER TML NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, Boomplay PROVIDERS, FACILITIES, INFORMATION PROVIDERS, LICENSORS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, SOFTWARE, MATERIALS AND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND:
(A) THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE, UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR
(B) THAT ERRORS OR DEFECTS RELATED TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES WILL BE CORRECTED.
(C.) TMLALSO DOES NOT GUARANTEE, CLAIM, REPRESENT OR WARRANT THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS EULA AND YOUR PERMISSION FROM Boomplay TO ACCESS AND USE THE SITES, SOFTWARE, MATERIALS AND SERVICES.
TML AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT USER PERSONALLY IDENTIFIABLE INFORMATION (DATA) SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TML HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITIES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH SUCH INFORMATION.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The above exclusions may not apply in some jurisdictions that do not allow the disclaimer of certain implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, all representations and warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.
*PLEASE KINDLY READ THIS CAREFULLY*
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TML, ITS SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PROVIDERS, PARTNERS, ADVERTISERS, AND AGENTS (COLLECTIVELY, "PROTECTED PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR OTHER RELIEF OF ANY KIND OR NATURE, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITES, SOFTWARE, MATERIALS AND/OR SOFTWARE INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ASSETS, BUSINESS OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES, EVEN IF ANY OF THE PROTECTED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES;
(E) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT;
(F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES;
(G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES BY A THIRD PARTY; OR
(H) ANY OTHER MATTER RELATING TO THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL THE PROTECTED PARTIES HAVE CUMULATIVE LIABILITY UNDER THIS EULA.
IN THE EVENT THIS LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE OR LIMITED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED USD$25.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE PROTECTED PARTIES' LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITES AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE, MATERIALS AND SERVICES.
The links throughout this Site will let you leave the Boomplay Site. These links are provided as a courtesy only, and the sites they link to are not under the control of TML in any manner whatsoever. Therefore, TML is in no manner responsible for the "Content" of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). TML is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement nor sponsorship by TML of the site(s) and/or any of the content therein.
You understand that all third party content, including, without limitation all advertiser, marketer and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Sites, Software, Materials and Service (collectively, "Content"), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Content they have created.
TML has and accepts no responsibility for and does not endorse nor control such Content. This means that you, and not TML, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via this Site, Software or the Services.
TML does not guarantee the accuracy, integrity nor quality of such Content. You understand and agree that by accessing and using the Sites, Software, Materials and Services, you may be exposed to Content that may be offensive, indecent, infringing, hazardous, illegal or objectionable in your community. You agree to assume and accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge that you may not rely on any Content submitted to TML including, through this Site or the Services. Under no circumstances will TML or its licensors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the access and use of any Content posted or transmitted via the Services by accessing and using the Services, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Content made available or accessed through the use of the Services is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Notwithstanding anything to the contrary, you are strictly prohibited from:
(i) removing any proprietary notices from this Site, Services, the Materials and Software or any copies thereof;
(ii) causing, permitting or authorizing the modification, creation of derivative works;
(iii) translation, reverse engineering, decompiling or disassembling of Software or media;
(iv) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Boomplay;
(v) exporting or re-exporting Software or media in violation of applicable export laws;
(vi) using this Site, Software or Services for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
(vii) using the Boomplay Sites, Software, Materials or Services to access any content files accessible through the Boomplay Software without the permission of the publisher of the content files;
(viii) accessing, creating or modifying source code related to the Site, Software, Material, or Services in any way;
(ix) using the Boomplay Sites, Materials or Services to, or in any way that would, violate any applicable law, regulation or ordinance;
(x) using the Boomplay Sites, Software, Materials or Services to develop, generate, transmit or store information that:
- infringes any third party's intellectual property or other proprietary right;
-is defamatory or harmful; or
-in any way obstructs or otherwise interferes with the normal performance of another person's use of the Boomplay Software or Services, using any unlicensed or unauthorized copies of the Materials and Software;
(xi) collecting any information or communication about the users of the Sites, Materials, Services, Software by monitoring, interdicting or intercepting any process of or communication initiated by the Sites, Materials, Services, Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(xii) attempting to hack this Site, Services, Software or any communication initiated by this Site, Services, or Software or to defeat or overcome any encryption and/or other technical protection methods implemented by TML or its licensors with respect to this Site, Services, Software and/or data and/or content transmitted, processed or stored by TML or other users of this Site, Services, Software; or
(xiii) taking any steps to interfere with or in any manner compromise any of TML's security measures.
TML may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize TML to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Except where TML specifically requests or solicits comments or submissions, TML does not accept, solicit nor consider any creative ideas, suggestions, comments or materials (collectively, "Comments") from the public.
If a Comment is received from you by TML, you understand, acknowledge and agree that
(a) it may be utilized by TML free of any right, claim, title or ownership interest in the Comment(s),
(b) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and/or similar rights or implied contract),
(c) you hereby grant TML a non-exclusive, perpetual, irrevocable, worldwide license to the Comment(s) in every media and for every purpose now known or hereinafter discovered, and
(d.) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit.
(e) You completely release TML (and its subsidiaries, Providers, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, "Claims"), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by TML
You represent, promise and warrant that:
(i) You possess the legal right and ability to enter into this EULA and to comply with its terms;
(ii) you will use this Site, Software, the Materials and Services for lawful purposes only and in accordance with this EULA, other applicable policies and/or agreements and all applicable laws, regulations and policies, including without limitation the Privacy Policy;
(iii) you will not attempt to decompile, reverse engineer nor hack website, or the Services nor to defeat or overcome any encryption and/or digital rights management technology implemented by TML with respect to this Site, Software, the Services and/or data transmitted, processed or stored by TML, Software or the Services;
(iv) you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by TML or TML's Providers to protect the content and files distributed by Boomplay, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;
(v) you will not take any steps to interfere with or in any manner compromise any of Boomplay's security measures.
TML will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, Software or the Services, please notify TML via privacy.boomplay@transsnet.com.
A notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice), and must include substantially all the following:
(i)a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii)a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(iii)a description of the exact name of the file on the Boomplay Software, the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, Software or Services, where the material that you claim is infringing is located on such site;
(iv)information sufficient to permit TML to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. To reach Boomplay's Copyright Agent for Notice of claims of copyright infringement,
Please Kindly Email: privacy.boomplay@transsnet.com
The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through this Site, Software or Services.
You agree to indemnify, hold harmless and defend TML, TML Providers, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, "Indemnified Parties"), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your
(a) violation or breach of any term of this EULA or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law, or
(b) use or misuse of this Site, Software, the Material and/or Services,
(c) or your infringement or the infringement by any other user through your account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.
All trademarks, service marks, logos, trade names, and any other proprietary designations of TML or the Boomplay used herein are trademarks or registered trademarks of TML or TML Providers. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the bonafide originating mark owner.
Any dispute, controversy or claim arising under, out of or relating to the Service, the Site(s), the Materials, or this EULA, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The language of arbitration shall be English.
You agree that regardless of any statute or law to the contrary, any Request for Arbitration, claim or cause of action arising out of or related to use of the Services, Materials, Sites or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
TML reserves all rights not expressly granted herein. TML may modify this EULA at any time for any reason, in its sole discretion, by posting the revised EULA on this Site. You may not assign any rights granted to you hereunder. Nothing in this EULA shall constitute a partnership or joint venture between you and TML. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
The failure of TML at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with the Site, Software and/or Services is in conflict or inconsistent with this EULA, this EULA shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Sites, these terms and conditions shall take priority and precedent.
This EULA and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to TML under this EULA are cumulative and in addition to, not in lieu of, any other rights and remedies which TML may possess at law or in equity.
The terms set forth in this EULA and any agreements included or referred to in this EULA constitute the final, complete and exclusive agreement with respect to this Site, Software, Materials and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of this EULA and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of this EULA for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about this EULA or any issues raised in this EULA or on this Site, please contact us: privacy.boomplay@transsnet.com
This Data Processing Addendum ("DPA" ) is entered into as of the Addendum Effective Date and forms part of Boomplay Music terms of service or other agreement by and between:
(1) Transsnet Music Limited, a Hong Kong entity ("Boomplay Music") and/or Boomplay Music Affiliates (defined below); and
(2) the undersigned User of Boomplay Music product and services and/or any Boomplay Music Affiliates ("User")
for Services (defined below) provided by Boomplay Music and/or any Boomplay Music Affiliates (the "Agreement") to reflect the parties' agreement with regard to the Processing of Personal Data (defined below). Each User of Boomplay Music and any Boomplay Music Affiliate that is party to the Agreement may be referred to herein as a "party" and together as the "parties."
User enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of its User Affiliates, if and to the extent Boomplay Music and/or any Boomplay Music Affiliate Processes Personal Data for which such User Affiliates qualify as a Data Controller. For the purposes of this DPA only, and except where indicated otherwise, the term "User" shall include User and User Affiliates and the term "Boomplay Music" shall include Boomplay Music and Boomplay Music Affiliates.
In the course of providing the Services to User pursuant to the Agreement, Boomplay Music may Process Personal Data on behalf of User and the parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
User will be deemed to have agreed to the Agreement and this DPA if continuing to use the Services on or after May 25, 2018. You may countersign this DPA for your own records by following the steps below:
This DPA consists of two parts: the main body of the DPA and Annex 1.
This DPA has been pre-signed on behalf of Boomplay Music.
To complete this DPA, User must agree to abide by the terms of this agreement to enable us to serve you well
This DPA can be downloaded to your device as your own copy if you choose to do so.
If the User agreeing to this DPA is a user of the Boomplay Music products and services, this DPA is an addendum to and forms part of the End User License Agreement in such case, Boomplay Music is party to this DPA.
If the User entity agreeing to this DPA is a not a user of the Boomplay Music products and services, or as cease to use the Boomplay Music products and services by requesting for the total eradication of User's data, this DPA is not valid and is not legally binding.
This DPA shall not replace any comparable or additional rights relating to Processing of Boomplay Music's data contained in the Agreement (including any existing data processing addendum to the Agreement).
In this DPA the following terms shall have the meanings set out in this Paragraph 1.1, unless expressly stated otherwise:
(a) "Addendum Effective Date" means (a) 25 May 2018, if User clicked to accept, or the parties otherwise agreed to this DPA in respect of the applicable Agreement prior to or on such date; or (b) the date on which User clicked to accept or the parties otherwise agreed to this DPA in respect of the applicable Agreement, if such date is after 25 May 2018.
(b) "Adequate Country" means a country or territory outside the European Economic Area that the European Commission has deemed to provide an adequate level of protection for Personal Data pursuant to a decision made in accordance Article 45(1) of the GDPR.
(c) "Boomplay Music Affiliates" means any companies which are controlled by Boomplay Music, which control Boomplay Music or which are under common control with Boomplay Music and are Data Processors of any User Personal Data. For these purposes, "control" and its derivatives mean to hold, directly or indirectly, more than 50% of the respective shares with voting rights.
(d) "Anonymized Data" means any Personal Data (including User Personal Data), which has been anonymized such that the Data Subject to whom it relates cannot be identified, directly or indirectly, by Boomplay Music, an Boomplay Music Affiliate or any other party reasonably likely to receive or access that anonymized Personal Data.
(e) "Business Day" means any day which is not a Saturday, Sunday or public holiday, and on which the banks are open for business, in Hong Kong.
(f) "Cessation Date" has the meaning given in Paragraph 9.1.
(g) "Controller Data" means any Personal Data Boomplay Music independently collects from a Data Subject or a third party for Processing or other legitimate business purposes in connection with Boomplay Music providing certain services to the Data Subject.
(h) "User Affiliates" means any companies which are controlled by User, which control User or which are under common control with User and either: (i) are Data Controllers of any User Personal Data; and/or (ii) on whose behalf Boomplay Music, an Boomplay Music Affiliate and/or any Sub-processor otherwise processes any User Personal Data. For these purposes, "control" and its derivatives mean to hold, directly or indirectly, more than 50% of the respective shares with voting rights.
(i) "User Personal Data" means any Personal Data Processed by or on behalf of Boomplay Music on behalf of User under the Agreement excluding any Controller Data.
(j) "Data Protection Laws" means the EU General Data Protection Regulation 2016/679 (the "GDPR") and to the extent the GDPR is no longer applicable in the United Kingdom, any implementing legislation or legislation having equivalent effect in the United Kingdom (references to "Articles" or "Chapters" of the GDPR shall be construed accordingly).
(k) "Data Subject Request" means the exercise by Data Subjects of their rights under, and in accordance with, Chapter III of the GDPR.
(l) "Data Subject" means the identified or identifiable natural person located in the European Economic Area to whom User Personal Data relates.
(m) "Delete" means to remove or obliterate Personal Data such that it cannot be recovered or reconstructed, and "Deletion" shall be construed accordingly.
(n) "Personnel" means a person's employees, agents, consultants or contractors.
(o) "Post-cessation Storage Period" has the meaning given in Paragraph 9.2.
(p) "Restricted Country" means a country or territory outside the European Economic Area that is not an Adequate Country.
(q) "Restricted Transfer" means: (i) a transfer of User Personal Data from User to Boomplay Music in a Restricted Country; or (ii) an onward transfer of User Personal Data from Boomplay Music to a Subprocessor in a Restricted Country, (in each case) where such transfer would be prohibited by Data Protection Laws without a legal basis therefor under Chapter V of the GDPR.
(r) "Services" means those services and activities to be supplied to or carried out by or on behalf of Boomplay Music and/or Boomplay Music Affiliates for User pursuant to the Agreement.
(s) "Standard Contractual Clauses" means the standard contractual clauses issued by the European Commission (from time-to-time) for the transfer of Personal Data from Data Controllers established inside the European Economic Area to Data Processors established in Restricted Countries.
(t) "Subprocessor" means any third party appointed by or on behalf of Boomplay Music and/or Boomplay Music Affiliates to Process User Personal Data.
In this DPA:
(a) the terms, "Data Controller", "Data Processor", "Personal Data", "Personal Data Breach", "Process" (and its derivatives) and "Supervisory Authority" shall have the meaning ascribed to the corresponding terms in the Data Protection Laws;
(b) unless otherwise defined in this DPA, all capitalized terms shall have the meaning given to them in the Agreement; and
(c) any reference to any statute, regulation or other legislation in this DPA shall be construed as meaning such statute, regulation or other legislation, together with any applicable judicial or administrative interpretation thereof (including any binding guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant Supervisory Authority).
In respect of User Personal Data, the parties acknowledge that:
Boomplay Music acts as a Data Processor; and
User acts as the Data Controller.
Boomplay Music shall:
comply with all applicable Data Protection Laws in Processing User Personal Data; and
not Process User Personal Data other than:
on User's instructions (subject always to Paragraph 2.9); and
as required by applicable laws.
2.4. User instructs Boomplay Music to Process User Personal Data as necessary:
(a) to provide the Services to User; and
(b) to perform Boomplay Music's obligations and exercise Boomplay Music's rights under the Agreement.
2.5. Annex 1 (Data Processing Details) sets out certain information regarding Boomplay Music's Processing of User Personal Data as required by Article 28(3) of the GDPR.
2.6. User may amend Annex 1 (Data Processing Details) on written notice to Boomplay Music from time to time as User reasonably considers necessary to meet any applicable requirements of Data Protection Laws.
2.7. Nothing in Annex 1 (Data Processing Details) (including as amended pursuant to Paragraph 2.6) confers any right or imposes any obligation on any party to this DPA.
2.8. Where Boomplay Music receives an instruction from User that, in its reasonable opinion, infringes the GDPR, Boomplay Music shall inform User.
2.9. User acknowledges and agrees that any instructions issued by User with regards to the Processing of User Personal Data by or on behalf of Boomplay Music pursuant to or in connection with the Agreement:
shall be strictly required for the sole purpose of ensuring compliance with Data Protection Laws; and
(without limitation to the generality of Paragraph 2.7) shall not relate to the scope of, or otherwise materially change, the Services to be provided by Boomplay Music under the Agreement.
2.10. Notwithstanding anything to the contrary herein, Boomplay Music may terminate the Agreement in its entirety upon written notice to User with immediate effect if Boomplay Music considers (in its reasonable discretion) that:
(a) it is unable to adhere to, perform or implement any instructions issued by User due to the technical limitations of its systems, equipment and/or facilities; and/or
(b) to adhere to, perform or implement any such instructions would require disproportionate effort (whether in terms of time, cost, available technology, manpower or otherwise).
For the avoidance of doubt, this Paragraph 2.10 does not refer to the instructions set out in Paragraph 2.4.
2.11. User represents and warrants on an ongoing basis that, for the purposes of Article 6 of the GDPR, there is, and will be throughout the term of the Agreement, a valid legal basis for the Processing by Boomplay Music of User Personal Data in accordance with this DPA and the Agreement (including, any and all instructions issued by User from time to time in respect of such Processing).
Boomplay Music shall take reasonable steps to ensure the reliability of any Boomplay Music Personnel who Process User Personal Data, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk (which may be of varying likelihood and severity) for the rights and freedoms of natural persons, Boomplay Music shall in relation to User Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2. In assessing the appropriate level of security, Boomplay Music shall take account in particular of the risks presented by the Processing, in particular from a Personal Data Breach.
SUBPROCESSING
5.1. User authorizes Boomplay Music to appoint Subprocessors in accordance with this Paragraph 5.
5.2. Boomplay Music may continue to use those Subprocessors already engaged by Boomplay Music as at the date of this DPA, subject to Boomplay Music meeting within a reasonable timeframe (or having already met) the obligations set out in Paragraph 5.4.
5.3. Boomplay Music shall give User prior written notice on its website and application of the appointment of any new Sub-processor, including reasonable details of the Processing to be undertaken by the Subprocessors. If, within ten business days of receipt of that notice, User notifies Boomplay Music in writing of any objections (on reasonable grounds) to the proposed appointment:
(a) Boomplay Music shall use reasonable efforts to make available a commercially reasonable change in the provision of the Services which avoids the use of that proposed Subprocessors; and
(b) where:
(i) such a change cannot be made within thirty days from Boomplay Music receipt of User's notice;
(ii) no commercially reasonable change is available; and/or
(iii)User declines to bear the cost of the proposed change,
Either party may by written notice to the other party with immediate effect terminate the Agreement either in whole or to the extent that it relates to the Services which require the use of the proposed Sub-processor.
5.4. With respect to each Subprocessors, Boomplay Music shall ensure that the arrangement between Boomplay Music and the Subprocessor is governed by a written contract including terms which offer at least an equivalent level of protection for User Personal Data as those set out in this DPA (including those set out in Paragraph 4).
6.1. Considering the nature of the Processing, Boomplay Music shall provide User with such assistance as may be reasonably necessary and technically possible in the circumstances, to assist User in fulfilling its obligation to respond to Data related Requests.
6.2. Boomplay Music shall:
(a) promptly notify User if Boomplay Music receives a Data Subject Request; and
(b) ensure that Boomplay Music does not respond to any Data Subject Request except on the written instructions of User (and in such circumstances, at User's cost) or as required by applicable laws or under order of any authority, in which case Boomplay Music shall to the extent permitted by applicable laws inform User of that legal requirement before Boomplay Music responds to the Data Subject Request.
7.1. Boomplay Music shall notify User without undue delay upon Boomplay Music becoming aware of a Personal Data Breach affecting User Personal Data, providing User with sufficient information (insofar as such information is, at such time, within Boomplay Music's possession) to allow User to meet any obligations under Data Protection Laws to report the Personal Data Breach to:
(a) affected Data Subjects; or
(b) the relevant Supervisory Authority(ies) (as may be determined in accordance with the Data Protection Laws).
7.2. Boomplay Music shall co-operate with User and take such reasonable commercial steps as may be directed by User to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
Boomplay Music shall provide reasonable assistance to User, at User's cost, with any data protection impact assessments, and prior consultations with Supervisory Authorities (as defined in the GDPR), which User reasonably considers to be required of User by Article 35 or Article 36 of the GDPR, in each case solely in relation to Processing of User Personal Data by, and taking into account the nature of the Processing by, and information available to, Boomplay Music.
9.1. Subject to Paragraphs 9.2 and 9.5, upon the date of cessation of any Services involving the Processing of User Personal Data (the "Cessation Date"), Boomplay Music shall immediately cease all Processing of the User Personal Data for any purpose other than for storage.
9.2. Subject to Paragraph 9.5, to the extent technically possible in the circumstances (as determined in Boomplay Music's sole discretion), on written request to Boomplay Music (to be made no later than twenty days after the Cessation Date (the "Post-cessation Storage Period")), Boomplay Music shall either (at Boomplay Music's option):
(a) return a complete copy of all User Personal Data within Boomplay Music's possession to User by secure file transfer, promptly following which Boomplay Music shall Delete all other copies of such User Personal Data; or
(b) Delete all User Personal Data then within Boomplay Music's possession.
9.3. Boomplay Music shall comply with any written request made pursuant to Paragraph 9.2 within thirty days of the Cessation Date.
9.4. In the event that during the Post-cessation Storage Period, User does not instruct Boomplay Music in writing to either Delete or return the User Personal Data pursuant to Paragraph 9.2, Boomplay Music shall promptly after the expiry of the Post-cessation Storage Period either (at its option):
(a) Delete; or
(b) irreversibly render Anonymised Data,
all User Personal Data then within Boomplay Music's possession to the fullest extent technically possible in the circumstances.
9.5. Boomplay Music and any Subprocessor may retain User Personal Data where required by applicable law, for such period as may be required by such applicable law, provided that Boomplay Music and any such Subprocessor shall ensure:
(a) the confidentiality of all such User Personal Data; and
(b) that such User Personal Data is only Processed as necessary for the purpose(s) specified in the applicable law requiring its storage and for no other purpose.
9.6. If requested by User, Boomplay Music shall provide written certification to User that it has fully complied with its obligations under this Paragraph 9 without undue delay.
10.1. Boomplay Music shall make available to User on request such information as Boomplay Music (acting reasonably) considers appropriate in the circumstances to demonstrate its compliance with this DPA.
10.2. Subject to Paragraphs 10.3 and 10.4, in the event that User (acting reasonably) is able to provide documentary evidence that the information made available by Boomplay Music pursuant to Paragraph 10.1 is not sufficient in the circumstances to demonstrate Boomplay Music's compliance with this DPA, Boomplay Music shall allow for and contribute to audits, including on-premise inspections, by User or an auditor mandated by User in relation to the Processing of the User Personal Data by Boomplay Music.
10.3. User shall give Boomplay Music reasonable notice of any audit or inspection to be conducted under Paragraph 10.1 (which shall in no event be less than fifteen business days' notice unless required by a Supervisory Authority pursuant to Paragraph 10.4(f)) and shall use its best efforts (and ensure that each of its mandated auditors uses its best efforts) to avoid causing, and hereby indemnifies Boomplay Music in respect of, any damage, injury or disruption to Boomplay Music's premises, equipment, Personnel, data, and business (including any interference with the confidentiality or security of the data of Boomplay Music's other Users or the availability of Boomplay Music's services to such other Users) while its Personnel and/or its auditor's Personnel (if applicable) are on those premises in the course of any on-premise inspection.
10.4. Boomplay Music need not give access to its premises for the purposes of such an audit or inspection:
(a) to any individual unless he or she produces reasonable evidence of their identity and authority;
(b) to any auditor whom Boomplay Music has not given its prior written approval (not to be unreasonably withheld);
(c) unless the auditor enters into a non-disclosure agreement with Boomplay Music on terms acceptable to Boomplay Music;
(d) where, and to the extent that, Boomplay Music considers, acting reasonably, that to do so would result in interference with the confidentiality or security of the data of Boomplay Music's other Users or the availability of Boomplay Music's services to such other Users;
(e) outside normal business hours at those premises; or
(f) on more than one occasion in any calendar year during the term of the Agreement, except for any additional audits or inspections which User is required to carry out by Data Protection Law or a Supervisory Authority, where User has identified the relevant requirement in its notice to Boomplay Music of the audit or inspection.
10.5. The parties shall discuss and agree upon the costs, scope, timing, and duration of any inspection or audit to be carried out by or on behalf of User pursuant to Paragraph 10.2 in advance of such inspection or audit and, unless otherwise agreed in writing between the parties, User shall bear any third party costs in connection with such inspection or audit and reimburse Boomplay Music for all costs incurred by Boomplay Music and time spent by Boomplay Music (at Boomplay Music's then-current professional services rates) in connection with any such inspection or audit.
11.1. Subject to Paragraph 11.3, to the extent that any Processing by either Boomplay Music or any Subprocessors of
User Personal Data involves a Restricted Transfer, the parties agree that:
(a) User – as "data exporter"; and
(b) Boomplay Music or Sub-processor (as applicable) – as "data importer",
shall enter into the Standard Contractual Clauses in respect of that Restricted Transfer and the associated Processing in accordance with Paragraph 11.3.
11.3. The Standard Contractual Clauses shall be deemed to come into effect under Paragraph 11.1 automatically upon the commencement of the relevant Restricted Transfer provided that Paragraph 11.1 shall not apply to a Restricted Transfer unless its effect is to allow the relevant Restricted Transfer and the associated Processing to take place without breach of applicable Data Protection Laws.
User acknowledges and agrees that Boomplay Music shall be freely able to use and disclose Anonymized Data for Boomplay Music's own business purposes without restriction.
13.1. User acknowledges and agrees that (as between the parties) Boomplay Music shall be freely able to use and disclose (without restriction) the Controller Data for any such purposes as Boomplay Music may in its sole discretion determine.
13.2. To the extent that any Controller Data constitutes Personal Data for the purposes of the Data Protection Laws, Boomplay Music:
(a) shall be an independent Data Controller in respect of such Controller Data;
(b) may independently determine the purposes and means of its Processing of such Controller Data.
14.1. This DPA shall be incorporated into and form part of the End User License Agreement.
14.2. In the event of any conflict or inconsistency between:
(a) this DPA and the Agreement, this DPA shall prevail; or
(b) any Standard Contractual Clauses entered into pursuant to Paragraph 11 and this DPA, those Standard Contractual Clauses shall prevail.
This DPA has been entered into and become a binding and effective part of the Agreement with effect from the
Name: JOE HE
Title; Managing Director
This Annex 1 to the DPA includes certain details of the Processing of User Personal Data: as required by Article 28(3) GDPR; and (where applicable in accordance with Paragraph 12) to populate Appendix 1 to the Standard Contractual Clauses.
The nature and purpose of the Processing of User Personal Data
Boomplay Music will Process User Personal Data as necessary to perform the Services pursuant to the Agreement and as further instructed by User in its use of the Services.
Subject matter and duration of the Processing of User Personal Data
The subject matter and duration of the Processing of the User Personal Data are set out in the Agreement and the DPA.
The categories of Data Subjects to whom the User Personal Data relates
User may submit Personal Data to the Services, the extent of which is determined and controlled by User in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
● Prospects, Users, business partners and vendors of User (who are natural persons)
● Employees or contact persons of User's prospects, Users, business partners and vendors
● Employees, prospective employees, agents, advisors, freelancers of User (who are natural persons)
● User's Users authorized by User to use the Services
The types of User Personal Data to be Processed Personal Data
User may submit Personal Data to the Services, the extent of which is determined and controlled by User in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
Names, titles, position, employer, contact information (email, phone, fax, physical address etc.), identification data, professional life data, personal life data, connection data, investment data, banking data or localization data (including IP addresses).
Special Categories of Personal Data (if any)
User may submit special categories of Personal Data to the Services, the extent of which is determined and controlled by User in its sole discretion. Such special categories of Personal Data include, but may not be limited to, Personal Data with information revealing racial or ethnic origins, political opinions, religious or
philosophical beliefs, trade-union membership, and the processing of data concerning an individual's health or sex life.
The obligations and rights of User
The obligations and rights of User are set out in the Agreement and the DPA.