Things Come Around

Terms and Conditions for Guster (“Artist”) “Things Come Around Q&A (“Promotion”) NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATIONS.

This Promotion is being run by Guster ("we", "us", "our") of 250 West 57th Street, 23rd Floor, New York, NY USA. We are the "Promoter" of the Promotion. By providing your details to us you confirm that you would like to enter the Promotion and you agree to be bound by these terms and conditions ("Ts&Cs"). In the event of any conflict between any terms referred to in any promotion materials and these Ts&Cs, these Ts&Cs take precedence.

1. Eligibility

• This Promotion is open from 09:00:00 Eastern Standard Time on 15th March 2021 until 23:59:59 GMT on 22nd March 2021. Promoter's computer shall function as the official clock for the Promotion. We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable) (for entrants resident in France, we accept responsibility where this is caused by fault or negligence by us). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to the Internet and a Spotify account via either a free or premium subscription. The cost of a premium subscription account can be found on the service’s website. No purchase or payment of any kind is necessary to enter or win this Promotion. A purchase will not increase your chances of winning. All entrants represent that any purchase of a Spotify, Deezer or Apple Music subscription was made prior to the start of the Promotion and not in consideration for entrant’s entry thereof.
• This Promotion is open from 09:00:00 Eastern Standard Time on 15th March 2021 until 23:59:59 GMT on 22nd March 2021. Promoter's computer shall function as the official clock for the Promotion. We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable) (for entrants resident in France, we accept responsibility where this is caused by fault or negligence by us). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to the Internet and a Spotify account via either a free or premium subscription. The cost of a premium subscription account can be found on the service’s website. No purchase or payment of any kind is necessary to enter or win this Promotion. A purchase will not increase your chances of winning. All entrants represent that any purchase of a Spotify, Deezer or Apple Music subscription was made prior to the start of the Promotion and not in consideration for entrant’s entry thereof.

2. How to Enter

• The Promotion will be promoted on the following URL address: http://www.guster.com (the “Website”) and on our, related third party and/or artist social media accounts and/or mailing lists including Facebook, Twitter and Instagram. To enter the Promotion, participants must connect to their Spotify and follow Artist via the Website. Joint/group/team entries are prohibited. Please see the Website for further details. Entrants will be automatically subscribed to Artist’s and mailing lists when entering via the Website.

All participants are also required to tick a checkbox confirming acceptance of these Ts&Cs and use of the participant’s data in accordance with our Privacy Policy to administer the Promotion.

• Promoter reserves the right in its sole discretion to disqualify all entries should it determine for justifiable reasons that a person has engaged in repeated, egregious or blatant violations of the entry limit. Promoter may acknowledge receipt of entries; but, in such case, acknowledgment does not constitute any representation as to eligibility for the Promotion.

3. Prize

• One (1) winner will receive the opportunity to attend, via the video conferencing app known as Zoom (https://zoom.us/meetings), an online video Q&A with the artist and may receive an opportunity to ask the band a question 

4. Winner Selection and Notification

• The winner/runners-up will be selected on or about 23rd March 2021 and will be the first two hundred and seventy five (275) names drawn at random, in order of precedence, from all valid entries received. The odds of winning depend upon the total number of eligible entries received for the random prize draw.

5. Publicity

• By entering this competition, each entrant, if selected as a winner/runner-up, expressly agrees and consents to the publication of their name and country/territory of residence to demonstrate the legitimacy and transparency of the Promotion. The winner/runner-up may also be required to take part in our promotional publicity and sign a release form in respect of such publicity.  By entering into this Promotion, you agree to provide and that we (or any third party we may choose) may use your entry, details of your name, likeness, voice, performance (if applicable) and county/country/territory of residence and/or other indicia of your persona in any kind of medias (including without limitation Internet especially on all promoters’ related websites, TV, radio, press, display, theatre, etc.) and in any kind of materials (including without limitation printed materials, posters, press advertisements, online materials as for instance web-banners and emails, audio-visual commercials, etc.), worldwide for advertising and promotional purposes in connection with the Promotion without additional authorisation, notice or compensation unless prohibited by law.

6. Data Protection

• For entrants not resident in Germany, Switzerland or Austria: By submitting an entry, entrants agree that we, our affiliates, service providers and/or agents may process the personal information submitted by you as part of the entry process (including contact details) for the purposes of operating the Promotion, administering prizes and otherwise in accordance with our Privacy Policy. Delivering personal data is voluntary but it is essential in order to take part in the Promotion. Participants have the right to access the data delivered at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws, for example by emailing us at guster@guster.com.

For entrants resident in Germany, Switzerland or Austria: Entrants’ personal data will be processed by us and/or the third parties acting on our behalf, in connection with operating the Promotion (including administering prizes) according to our Privacy Policy. Delivering personal data is voluntary but it is essential in order to take part in the Promotion. Participants have the right to access the data delivered at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws, for example by emailing us at guster@guster.com.

7. General

• Subject to, where applicable, the approval of those authorities that have issued permits for the conduct of this Promotion, we may in our absolute discretion modify, amend, cancel or suspend these Ts&Cs, the Promotion and/or the prize(s) at any time if we deem it necessary, due to technical reasons or to ensure compliance with applicable laws, regulations and guidance, or if circumstances arise beyond our control. No liability shall attach to us as a result thereof. If any winner from the United States is considered a minor in his or her state of residence, the prize(s) will be awarded on the winner's behalf to the winner’s parent or legal guardian, who may be required to execute any releases and other documentation required by Promoter (including without limitation the affidavit of eligibility and the liability/publicity release).

For entrants resident in Germany, Switzerland, Austria: In the case of cancelation of the Promotion, we will, at our discretion, select the winner(s) from eligible entries received prior to the event that required such cancelation.

• Subject to applicable laws, we reserve the right to disqualify an entrant and/or winner in our absolute discretion. In addition, acts of tampering with the Promotion (including the Website) will result in disqualification; but disqualification shall not represent the sole remedy available to Promoter.
• For entrants not resident in Germany, Switzerland or Austria: Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these Ts&Cs apply to this Promotion. We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Promotion (including any damage to the entrant's or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Promotion) or acceptance, use, misuse or non-use of any prize(s) (including activity or travel related thereto) except for liability for death, personal injury, fraud and damage or loss caused by negligence, which is not excluded.

For entrants resident in Germany, Switzerland or Austria: We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.

• In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation (cardinal duty). A „cardinal duty“ in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and on the fulfilment of which the contractual partner may therefore generally rely.
• In a case according to Clause (a), we shall not be liable for any lack of commercial success, lost profits and indirect damages.
• Liability in accordance with the above Clauses (a) and (b) shall be limited to the typical, foreseeable damages.
• The limitation of liability shall apply mutatis mutandis to the benefit of our employees, agents and vicarious agents.

Any potential liability on our part for any warranties and for claims based on the German Product Liability Act shall not be affected.

For entrants resident in Australia: Notwithstanding the above, to the fullest extent permitted by law, Guster and its affiliates, associated agencies and companies (together called ‘Guster’) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs), damage or injury to property or person that is suffered or incurred as a result of or in connection with:

• the Promotion including participating in any prize;
• any late, lost or misdirected entries or failure to receive any entry in the Promotion;
• any prizes damaged or lost in transit;
• any travel won in or in connection with the Promotion;
• any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or  website);
• any cancellation, modification or suspension of the Promotion in accordance with Ts&Cs;
• any unauthorised human intervention in any part of the Promotion (including but not limited to theft, destruction, alteration or unauthorized access of or to any entries);
• any electronic or human error which may occur in the proper administration of the Promotion;
• any act or omission, deliberate or negligent, by Guster, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any persons accompanying a prize winner;
• any circumstances outside Guster’s reasonable control.

This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.

• For entrants resident in the United States: UNLESS OTHERWISE PROHIBITED BY LAW, BY ENTERING, ENTRANT AGREES TO (I) RELEASE AND HOLD PROMOTER, ITS RESPECTIVE AFFILIATES AND THE ARTIST (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
• In the event that any event or action outside Guster’s control prevents or significantly hinders Guster’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Guster may for justifiable reasons cancel the Promotion and recommence it from the start at another time on the same conditions. If the Promotion is regulated by any applicable government body, the cancellation or recommencement of the Promotion will be subject to any requirements imposed by such body.
• If for any reason this Promotion is not capable of running as planned due to causes beyond the control of Guster which affect the proper conduct of this Promotion, Guster reserves the right for justifiable reasons to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Promotion subject to the requirements of any relevant government body that regulates the running of the
• Each prize winner is responsible for obtaining their own independent legal advice.
• We accept no responsibility for any issues or loss that may be caused by your accessing / using the Website for the purposes of this.
• Our decisions on any issue arising out of or in relation to this Promotion and these Ts&Cs are final and binding and no correspondence will be entered into. Failure of the Promoter to enforce a certain provision of these T&Cs in a given circumstance shall not constitute the waiver of such provision.
• This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook/Instagram/Twitter/. Entrants hereby release each of Facebook/Instagram/Twitter/ from all responsibility and liability in respect of the Promotion. By entering this Promotion, entrant acknowledges that Facebook/Instagram/Twitter/Spotify are websites / platforms over which Promoter has no control and Promoter is not responsible for (a) any issues or loss that may be caused by accessing or using entrant’s Facebook/ Instagram/Twitter/Spotify accounts for the purpose of this Promotion, or (b) entrant’s inability to access, use, or successfully use his or her Facebook/Twitter/Instagram/Spotify accounts for this Promotion.

8. Governing Law

UNLESS PROHIBITED BY LAW, THE PROMOTION AND THESE TS&CS ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF ENGLAND AND WALES.

FOR RESIDENTS OF THE UNITED STATES: UNLESS PROHIBITED BY LAW, THE PROMOTION AND THESE TS&CS ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF NEW YORK, AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ENTRANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS/HER ENTRIES OR OTHERWISE RELATED TO THE PROMOTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

FOR RESIDENTS OF QUEBEC, CANADA: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

POUR RÉSIDENTS DU QUÉBEC Un différend quant à l’organisation ou à la conduite d’un concours publicitaire peut être soumis à la Régie des alcools, des courses et des jeux afin qu’il soit tranché. Un différend quant à l’attribution d’un prix peut être soumis à la Régie uniquement aux fins d’une intervention pour tenter de la régler.

Guster PRIVACY POLICY

Revised October 1, 2019

This Privacy Policy describes the policies and procedures of the Guster (“we”, “our” or “us”) on the collection, use and disclosure of your information in connection with your use of www.guster.com, including the services, features, or content we offer (collectively the “Site”). We receive information about you from various sources, including: (i) if you register for an account on our Forum, through your user account (your “Account”); (ii) your use of the Site generally; and (iii) if you choose to sign up to receive our Newsletter. When you use the Site, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

In Short: This Privacy Policy covers the treatment of your Personal Information gathered when you are using or accessing our Services. We are committed to protecting your Personal Information and your right to privacy. Throughout this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual or household. These include information such as full name, postal address, e-mail address and/or telephone number, and if applicable also usage data such as your IP address. Such is the data we collect when you visit the Site.

Here we seek to explain to you in the clearest way possible what Personal Information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Site. Otherwise, if you have any questions or concerns about this Privacy Policy, or our practices with regards to your Personal Information, please contact our Data Protection Officer (“DPO”) at guster@guster.com

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your Personal Information with us.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third-party websites, services and applications (each a “Third Party Service”) that you elect to access through the Site or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

WHAT INFORMATION DO WE COLLECT AUTOMATICALLY FROM YOU?

In Short:> Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Site. We automatically collect certain information when you visit, use or navigate the Site that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with you or your household. This information may not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). “Cookies” are small text files that are placed on your device by a Web server when you access our Site. We may use both session Cookies and persistent Cookies to tell us how and when you interact with the Site. We may also use Cookies to monitor aggregate usage and web traffic routing on our Site and to customize and improve the Site. Unlike persistent Cookies, session Cookies are deleted when you navigate away from the Site and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Site. Some Service Providers that we engage (including advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by any Third Party or Service Provider you visit directly, both which should have their own privacy policies.
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Sites statistics (for example, recording the popularity of certain Sites content and verifying system and server integrity).

WHAT INFORMATION IS COLLECTED FROM OTHER SOURCES?

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain Personal Information about you from other sources, such as public databases and other Third Parties. Such Third Parties are neither part of our Site nor a Service Provider with whom we have a contractual relationship. All Personal Information that you provide on or to such Third Party or that is collected by a Third Party is provided directly to the controller, owner or operator of the Third Party and is subject to the owner’s or operator’s privacy policy. We do not monitor or control any data you provide to Third Parties. To that end, we are not responsible for the content, privacy or security practices of a Third Party. To assure the protection of your Personal Information, we recommend that you carefully review the privacy policies of any Third Party you access You assume the risk of providing any information you provide to a Third Party. Other than Third Party services as noted above, we do share your Personal Information with certain Service Providers, who are defined as companies or organizations with whom we have a contractual relationship in connection with fulfilling our services to you (“Service Providers”). Any Personal Information collected may be shared with our Service Providers.

Below is a list of the Service Providers as of the date of this Policy. Please check this Privacy Policy regularly for updates on other Service Providers that may be added to our Site or contact us at guster@guster.com for the most recent list of Service Providers with whom we are legally or contractually obligated to share your information to facilitate your use of the Site.

GOOGLE ANALYTICS

We also use Google Analytics, a web analysis service of Google Inc. (in future: Google) on our Website. Google Analytics is a web analysis tool with the help of which we analyze the interaction of the visitors with our website and thus are able to improve our website for you further. Google Analytics also uses cookies, as they were in principle described in more detail above. The information generated by the cookie regarding your use of our Website are usually transferred to a server belonging to Google in the US and stored there. Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising. The information saved by the cookies includes, for instance, the time of the website visit, the frequency with which the visitor has called up the website, and from where the visitor has accessed the website. To determine the latter value, Google initially records the IP address of the user. However, we have activated the IP anonymization on our website. Based on this, your IP address within Member States of the European Union or in other signatory states of the Treaty on the European Economic Area is shortened by Google before transmission to the US. Only in exceptional cases is the full IP address transferred to a server belonging to Google in the US and shortened there. Google will use the aforementioned information to analyze your usage of the website, to compile reports on the website activities and to provide further services associated with the usage of the website and the Internet towards the website operator. The IP address communicated under Google Analytics by your browser is not merged with other data of Google. You can prevent the saving of the cookies by Google Analytics by a corresponding setting in your browser software; however, reference should again be made to the fact that in this case you may not be able to use all functions of our Website.

In addition, you can prevent the recording of the data generated by the cookie and relating to your usage of the website (incl. your IP address) to Google and the processing of these data by Google, by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout? Further information on data protection with regard to Google Analytics can be found directly here at Google.

Facebook

Our website uses the sign-up and log-in function and social plug-ins of the social network facebook.com, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. If you have your normal place of residence in the European Union, the Facebook services are offered to you by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland. The social plug-ins are discernible by the Facebook logos (white “f” on blue background or the characteristic Facebook thumb) or marked by the addition “Facebook Social Plug-In”; all Facebook plug-ins can be viewed here. The sign-up and/or log-in of Facebook is also easy to recognize by the characteristic white script on a blue background.

If you would like to register or log in with us using the Facebook sign-up and/or log-in, you then permit us to:

1. Access your general details such as your name, profile image, gender, the user ID, your friend lists and all other data that you have made public in your profile.
2. Send your e-mails.
3. Post status reports on your behalf.
4. Also to access your data when you are not currently using the application.
5. Access your other profile information such as “About me”, your date of birth, your home town and your current place of residence.

SOCIAL PLUG-INS

When you call up our Website on which a social plug-in (e.g., a “like” button) is implemented, your browser will then establish a direct link to Facebook and will then transmit the following data to Facebook directly:

1. date and time of your visit,
2. the Internet address/URL of the site that you are currently visiting,
3. your IP address,
4. your browser,
5. your operating system,
6. your user code if you are a registered user of Facebook and if applicable your surname and first name.

The data can only be transmitted to the Facebook profile when the user is logged in to Facebook. Logging out of Facebook prevents the transmission of these data to the Facebook profile.

Facebook saves these data for a period of 90 days. Facebook then removes the name and all other personal information from the data; a pseudonymized usage profile remains.

Please note that we do not have any influence on the scope of the data which Facebook collects with the help of the plug-in and that with regard to data protection we have to rely on the data usage guideline of Facebook, on which our aforementioned information is based. Please inform yourself further on Facebook specifically about the purpose and scope of the data collection and your rights in this regard and the setting options to protect your privacy using the data usage guidelines. It is of course possible to prevent the placing of cookies by settings in your browser. In addition, it is also possible to block the social plug-ins of Facebook with add-ons for your browser such as the “Facebook Blocker.”

YouTube

Our Website uses plugins from YouTube, including YouTube Pixel, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited. If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) GDPR. Further information about handling user data can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

SPOTIFY AND APPLE MUSIC

Our Website uses plugins from Spotify and Apple Music. The operators of these two applications are as follows:

A) Spotify USA Inc., 45 W. 18th Street, Fllor 7, New York, NY 10011, USA

B) Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014, USA.

If you visit one of our pages featuring a Spotify or Apple Music plugin, a connection to their website is established. Here their servers are informed about which of our pages you have visited. If you’re logged in to your Spotify or Apple Music account, each allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Spotify or Apple Music accounts. Spotify and Apple Music are used to help connect you with our music. This constitutes a justified interest pursuant to Art. 6 (1) (f) GDPR. 

Further information about handling user data can be found in the data protection declaration of Spotify or Apple Music respectively under https://www.spotify.com/us/legal/privacy-policy/ and https://www.apple.com/legal/privacy/en-ww/.

PERSONAL INFORMATION OF CHILDREN

In Short: We do not knowingly collect data from or market to children under 16 years of age.

We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send us any of your Personal Data. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at guster@guster.com.

HOW, AND WITH WHOM, IS MY INFORMATION SHARED OR TRANSFERRED?

In Short: We only share information either with your consent, to comply with laws, to protect your rights, or to fulfil business obligations.

We may process or share data based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your Personal Information in a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfil the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. Additionally, we may need to process your data or share your Personal Information in the following situations:
• Service Providers. We may share your data with our Service Providers. We may allow Service Providers to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your Personal Information with any Third Party or Service Provider for their promotional purposes.
• Business Transfers. We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

WHAT PUBLIC INFORMATION ABOUT YOU AND YOUR ACTIVITY ON THE SITE CAN OTHERS VIEW?

In Short: Information you post about you on our Site may be viewed by others who access the Site. Information you choose to include in your profile, or any Personal Information you share about yourself on our Forum may be viewed by others who access the Site.

This includes information you choose to provide openly, including your username, contact name, information about yourself, and links to your website or social media profiles, which may be displayed to other users to facilitate user interaction within the Site. We will not directly reveal user email addresses to other users.

Some of your activity on and through the Site is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Site. Please remember that if you choose to provide Personal Information using certain public features of the Site, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Site.

WHAT INFORMATION IS DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS?

In Short: We may have to share your Personal Information if legally required to do so.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

WHAT CHOICES DO YOU HAVE REGARDING YOUR INFORMATION?

IN SHORT: YOU HAVE SEVERAL OPTIONS TO CONTROL AND MANAGE THE AMOUNT OF PERSONAL INFORMATION YOU SHARE WITH US.

EU RESIDENTS

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined below.

A) ACCESS:

You can request more information about the Personal Information we hold about you and request a copy of such Personal Information.

B) RECTIFICATION:

If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by updating any of the information contained in your user profile.

C) ERASURE:

You can request that we erase some or all of your Personal Information from our systems.

E) WITHDRAWAL OF CONSENT:

If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

F) PORTABILITY:

You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

G) OBJECTION:

You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes.

H) RESTRICTION OF PROCESSING:

You can ask us to restrict further processing of your Personal Information.

I) RIGHT TO FILE COMPLAINT:

You have the right to lodge a complaint about Guster’s practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

J) TRANSFERS OF PERSONAL INFORMATION:

The Services are hosted and operated in the United States (“U.S.”) through our Service Providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you is being provided to Guster in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries. Please note that whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring, where required by law, at least one of the following safeguards is implemented:

• transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
• using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or transferring personal data to the United States to an entity if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

You may be entitled, in accordance with applicable law, to request a copy of relevant safeguards by contacting us at guster@guster.com.

CALIFORNIA PRIVACY RIGHTS:

If you are a California resident and you have provided us with your Personal Information, you have the right to request that we:

A) Disclose the categories and specific pieces of Personal Information we have collected;

B) Disclose the categories of sources from which the Personal Information is collected;

C) Disclose the purpose for collecting or selling your Personal Information;

D) Disclose the categories of third parties with whom we share your Personal Information;

E) Delete any Personal Information about you that we have collected from you, subject to certain exceptions; and

F) NOT SELL YOUR PERSONAL INFORMATION.

Such requests must be submitted to us in writing at guster@guster.com.

NEVADA PRIVACY RIGHTS:

If you are a Nevada resident and you have provided us with your Personal Information, you have the right to request that we allow you to opt-out of the sale of your Personal Information. Such requests must be submitted to us in writing at guster@guster.

OPT-OUT OF TARGETED ADVERTISING

Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices.

Reset your mobile device’s advertising identifier or set it to opt out of targeted advertising.

• iOS: You can opt-out of targeted advertising by choosing “Limit Ad Tracking” in your device’s settings menu.
• Android: You can reset your advertising ID at any time from the Ads section under Settings on your device, or you can also opt-out of targeting advertising in this same section.

HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

In Short: We keep your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

IS THE INFORMATION ABOUT YOU SECURE?

In Short: We aim to protect your Personal Information through a system of organizational and technical security measures, including encryption as required by law.

As required by Nevada law, we encrypt any Personal Information during transfers or any movement of it to our Service Providers are whenever otherwise required contractually, by law or order. In addition, we have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process.

Please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Site is at your own risk. You should only access the Site; within a secure environment.

WHAT HAPPENS WHEN THERE ARE CHANGES TO THIS PRIVACY POLICY?

In Short: We may update this Privacy Policy from time to time, so you should review it periodically for updates or review it if you receive a notice of update from us. The effective date of this Privacy Policy appears at the top of this page. However, we may update this Privacy Policy from time to time. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat your Personal Information, we will notify you by email to the email address specified in your account or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.

WHAT IF I HAVE QUESTIONS OR CONCERNS?

If you have any questions or concerns regarding privacy using the Site, please send us a detailed message to guster@guster.com. We will make every effort to resolve your concerns.