1. PRIVACY POLICY
INTRODUCTION
For all purposes, this English language version of this Privacy Statement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of this Privacy Statement and any subsequent translation into any other language, this English language version shall govern and control.
The ClockenflapXR websites consisting of clockenflapmusic.com, clockenflapxr.com and tickets.clockenflapxr.com (the “ClockenflapXR Web Sites”) are operated by Magnetic Asia Ltd (“Magnetic Asia,” “we,” or “us”) or its suppliers. We also make various online services available through our software (“ClockenflapXR Software Services”). Together, we will refer to the ClockenflapXR Software Services, and ClockenflapXR Web Sites as the “ClockenflapXR Services” in this Privacy Statement.
In this Privacy Statement, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.
This Privacy Statement applies to the ClockenflapXR Services and describes how we collect, use, disclose and otherwise process Personal Information in the context of the ClockenflapXR Services as well as your rights and choices regarding such information. By using the ClockenflapXR Services, you consent to the data practices described in this Privacy Statement. This Privacy Statement is incorporated into and subject to the Terms of Use.
INFORMATION WE COLLECT
Information Provided by You
We collect Personal Information that you provide through the ClockenflapXR Services. The categories of information we collect and have collected about you include the following:
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Contact Data, including your first and last name and email address.
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Credentials, including your password, and information for authentication and account access.
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Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code associated with your payment instrument.
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Profile Data, including your User ID, interests, purchase history and gamer data.
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Content, including content within any messages you send to us (such as feedback and questions to customer support) or publicly post on the ClockenflapXR Services. We also collect content within any messages you exchange with other users through the ClockenflapXR Services (such as if you use our chat functionality).
We collect information from you at various points through the ClockenflapXR Services, including as follows:
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Registration. You may register for an account with one or more parts of the ClockenflapXR Services. Should you choose to register for an account, you will be asked to provide certain information such as your contact data, credentials, billing data, demographic data, and profile data.
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Purchases. When you make a purchase on the ClockenflapXR Services, we will collect your contact data and billing data.
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Subscriptions and Promotions. Should you choose to subscribe to our newsletters or enter a promotion, you may provide your contact data or other information.
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Community Interaction. If you post any information to the ClockenflapXR Services, including through your use of ClockenflapXR messaging functionality, or social or interactive features, we may collect such information.
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Customer Service. When you contact our customer service, we may collect your contact data, profile data, as well as content and any other information you choose to provide to us.
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Business Partners. If you work for one of our business partners, we may collect your contact data to manage the business relationship.
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Feedback. If you provide feedback through one of our feedback polls, we collect any responses to our poll-specific questions, content you may provide in the open-text field of the poll (if applicable), as well as device data and imprecise location data (discussed in more detail below) at the time the feedback is submitted.
Information We Automatically Collect
In addition to information that you provide to us, we collect Personal Information about you and your use of the ClockenflapXR Services via automated means, such as through cookies and similar technologies:
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Cookies. A “cookie” is a text file that is placed on your device by a web server that acts as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the ClockenflapXR Services. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. For further information on cookies, please review our Cookie Policy.
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Pixels (also known as web beacons). Web pages and other content (such as videos, emails, and advertisements) may contain pieces of code that send information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or another entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels that allow us track our conversions, bring you advertising both on and off the ClockenflapXR Services, and provide you with additional functionality.
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Heat Maps. Through the use of pixels, we generate various types of heat maps, including but not limited to scroll maps, click maps, and move maps, to help us determine the most popular and unpopular areas of the ClockenflapXR Services and to help us better understand how users interact with the ClockenflapXR Services.
The categories of information we automatically collect and have automatically collected include:
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ClockenflapXR Services Use Data, including information about your use of the ClockenflapXR Services, the pages and content that you view, the referring and exiting pages, your access times, the links you click, and other actions taken within the ClockenflapXR Services.
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Device Data, including information regarding your device, such as device type, operating system type, browser type, device regional and language settings, IP address, and device ID.
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Location Data, including imprecise location (location based on your IP address or data that indicates a city or postal level).
Personal Information Obtained from Other Sources
We also collect information from other sources. The categories of other sources from which we collect and have collected information include the following:
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Business Partners. We collect information from our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities. We are not responsible for the data practices of our business partners.
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Social Networks. We collect information when you engage with our content, reference our services, or grant us permission to access information from the social networks.
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Vendors and Ad Partners. We collect information from vendors and ad partners in connection with advertising and analytics-related services.
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Publicly-Available Sources. We collect information from the public domain.
USE OF INFORMATION
Magnetic Asia collects and uses your Personal Information for business and commercial purposes in accordance with the practices described in this Privacy Statement. Our business purposes for collecting and using information include:
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to operate and provide you with the ClockenflapXR Services, including by creating and managing your accounts and delivering the items and services you have requested;
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to communicate with you and respond to your inquiries;
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for our service providers to process your payments for purchases made on the ClockenflapXR Services;
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to enhance, improve, and maintain the ClockenflapXR Services and our other systems, resources and activities;
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to send you marketing communications and to advertise to you on our website and on other websites;
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to perform data analysis;
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to manage our business relationship;
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to prevent fraudulent use of the ClockenflapXR Services;
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to enforce our Terms of Use, our legal rights and to comply with applicable law, judicial proceeding, court order, or legal process, an order from a government entity or from another competent authority;
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to prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage;
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to maintain a record of our dealings with you;
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to analyse your preferences, interests and behaviour in order to provide you with tailored content and the most relevant ClockenflapXR Services, content, experience, advertisements and communications, including by combining information we collect about you from different sources described above;
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to fulfil any other business or commercial purpose at your direction so that your experience can be personalized and to gain access to additional features; and
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for other purposes for which we provide specific notice at the time of the collection of the information or with your consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
DISCLOSURE OF INFORMATION
We share the Personal Information we collect about you in accordance with the practices described in this Privacy Statement. The types of entities to whom we have disclosed information or may disclose information include the following:
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Magnetic Asia. We share information with our affiliates and subsidiaries.
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Service Providers. We share information with other companies that provide services on our behalf, such as sending newsletters, processing your payments, providing technical support, fulfilling requests, hosting our services, performing statistical analysis, and helping with marketing and advertising. We endeavour to limit the information we provide to those companies to the information they need to deliver the service, and they are prohibited from using that information for any other purpose, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
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Vendors, Sponsors and Ad Partners. We share information with vendors, sponsors and ad partners in connection with advertising and analytics-related services. Vendors, sponsors and ad partners may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Advertising and Analytics” section below.
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Business Partners. We share information with our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities. We are not responsible for the data practices of our business partners.
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Promotions. If you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law. By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
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Other Users. We share information with other users of the ClockenflapXR Services to whom you disclose your information. We recommend you be cautious in giving out information to others while using the ClockenflapXR Services. For example: if you disclose information through the ClockenflapXR Services, forums, messaging functionality, or social or interactive features that may be provided through the ClockenflapXR Services, this information may be collected, used, and disclosed by others, and Magnetic Asia has no control over how others may collect, use, or disclose such information.
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Security and Compelled Disclosure. We share information to (a) comply with legal process served on us, or our suppliers, and otherwise when we have a good faith belief that doing so is required by law; (b) protect and defend our rights or property or those of our suppliers; (c) protect the personal safety of our employees or agents, users of Magnetic Asia products or services, or members of the public, or (d) protect the integrity of the online community on the ClockenflapXR Services.
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Merger or Acquisition. We may share information as part of any merger, acquisition, or sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy or receivership in which information would be transferred as one of Magnetic Asia’s business assets.
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Facilitating Requests. We share information at your request or direction, such as when you choose to share information with a social network about your activities on the ClockenflapXR Services.
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Consent. We share information with notice to you and your consent.
Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law.
ANALYTICS & ADVERTISING
We use analytics services, such as Google Analytics, to help us understand how users access and use the ClockenflapXR Services. In addition, we work with agencies, advertisers, ad networks, and other ad partners to place ads for our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as, in certain circumstances, on other websites and services.
As part of this process, we incorporate tracking technologies from us and our vendors and ad partners into the ClockenflapXR Services (including our website and emails) as well as into our ads displayed on other websites and services. These tracking technologies collect data across time and services for purposes of measuring conversions or actions you take, associating the various devices you use, and serving ads and/or other content targeted to your interests.
We also use audience matching services to reach people (or people similar to people) who have visited the ClockenflapXR Services or are identified in one or more of our databases (“Matched Ads”). This is done by us sharing a list of hashed emails with an ad partner or incorporating a pixel from an ad partner into the ClockenflapXR Services that collects device identifiers and browser-related information, and the ad partner matching common factors between our data and their data. Some of the ad partners we use for Matched Ads include Facebook and Google.
As indicated above, vendors and ad partners may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
YOUR RIGHTS & CHOICES
Account Information
You may maintain accounts on various parts of the ClockenflapXR Services, including at clockenflapxr.com. Each account requires a separate registration.
If you want to access, update, or remove the information you have provided to us through an account, please contact us via support@clockenflapmusic.com. When you contact us, please specify the request and the account. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Communications
If you receive promotional emails from us, you may unsubscribe at any time by following the instructions contained within the emails that we send. Even if you opt-out, you may still receive transactional emails from us regarding your ClockenflapXR account, important updates to the ClockenflapXR Services, technical service issues, and other administrative matters pertaining to the ClockenflapXR Services.
Tracking Technology Choices
You have the ability to accept or decline cookies subject to your browser settings and limitations. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ClockenflapXR Services or the other websites you visit.
SECURITY
We implement technical and organisational measures designed to ensure a level of security appropriate to the risk. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure.
If you choose to create an account through certain parts of the ClockenflapXR Services, you will be required to select a password. It is your responsibility to keep your password confidential. Do not share this information with anyone.
Please be aware that despite our security measures, no data transmissions over the Internet can be guaranteed to be completely secure. We cannot, therefore, ensure or warrant the security of any information you transmit to Magnetic Asia, and you do so at your own risk.
DATA RETENTION
We take measures to delete your information or aggregate or de-identify your information when it is no longer necessary for the purposes for which we collected it, unless we are required to keep this information for a longer period in accordance with this Privacy Statement. When determining the retention period, we take into account various criteria, such as maintaining access to products you have purchased, the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law, and the statute of limitations.
CHANGES TO THIS PRIVACY STATEMENT
We may occasionally update this Privacy Statement. When we do, we will also revise the “last updated” date at the top of the Privacy Statement. For material changes to this Privacy Statement, we will notify you by placing prominent notice on the ClockenflapXR Services and may provide you additional notice to your email address. We encourage you to periodically review this Privacy Statement to be informed of how we are collecting, using, and disclosing your information.
INTERNATIONAL DATA TRANSFERS
The ClockenflapXR Services are based in Hong Kong, and we provide the ClockenflapXR Services subject to law in Hong Kong. If you use the ClockenflapXR Services from other regions with laws governing data collection and use that may differ from Hong Kong law, please note that we may transfer your information to countries other than the country where you are located, including to Hong Kong. By using the ClockenflapXR Services, you consent to the transfer of your information to Hong Kong and to other world regions, and the use of your information in accordance with this Privacy Statement.
CHILDREN’S PRIVACY
If Magnetic Asia learns that personal information of a child under the age of 13 years has been collected on the ClockenflapXR Services without verifiable parental consent, then Magnetic Asia will take the appropriate steps to delete this information.
If you are a parent or legal guardian and discover that your child under the age of 13 has obtained a ClockenflapXR or otherwise provided personal information to us, please contact us as set out in the “Contact Us” section below and request that we delete that child’s personal information.
CONTACT US
If you have any questions or comments regarding this Privacy Statement or require additional information, please contact us at:
Attn: ClockenflapMusic Support
Magnetic Asia Ltd
3/F, Hong Kong and Macau Building
156-157 Connaught Road Central
Sheung Wan
Hong Kong
COOKIE POLICY
We (Magnetic Asia Ltd) use technologies on our website and online services (which we’ll call the ‘Services’) to collect information that helps us improve your online experience. We refer to these technologies, which include cookies, collectively as “cookies.” This policy explains the different types of cookies used on the Services and how you can control them. We hope that this policy helps you understand and feel more confident about our use of cookies. If you have any further queries, please contact us at support@clockenflapmusic.com. Please also see our Privacy Policy and our Terms of Use.
WHAT IS A COOKIE?
Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites or other online services work or to be better or more efficient. They can do this because websites and other online services can read and write these files, enabling them to recognise you and remember important information that will make your use of them more convenient (e.g. by remembering your user preferences)
WHAT COOKIES DO WE USE?
Below we list the different types of cookies we may use on the Services.
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Essential Cookies. These cookies are essential to the operation of our Services in order to enable you to move around it and to use its features. Without these cookies, services you have asked for, such as accessing secure areas of a website or paid-for content, cannot be provided. These cookies are essential for using the service and therefore cannot be turned off without severely affecting your use of it.
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Performance cookies, which often include analytics cookies, collect information about your use of the Services and enable us to improve the way it works. For example, performance cookies show us which are the most frequently visited pages on our website, allow us to see the overall patterns of usage on the Services, help us record any difficulties you have with the Services and show us whether our advertising is effective or not. We also use cookies to help you navigate within our website and travel back to pages.
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Functionality Cookies. In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make on the Services and to provide enhanced and more personalized features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion and for other services you request.
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Targeting or Advertising Cookies. We and our service providers may use targeting or advertising cookies and other technologies to collect information (e.g. IP address device ID, general location information, etc.) and deliver advertisements on the Services that we believe are more relevant to you and your interests. You can choose to prevent your device’s advertisement identifier being used for interest-based advertising by updating the settings on your device
HOW DO THIRD PARTIES USE COOKIES ON THE SERVICES?
In some circumstances, we may work with third parties to provide features on the Services. For example, third-party advertisers and other organisations may use their own cookies to collect information about your activities on the Services and/or the advertisements you have clicked on. This information may be used by them to serve advertisements that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website.
HOW DO I CONTROL COOKIES?
You may refuse to accept cookies from the Services at any time by activating the setting on your browser or device which allows you to refuse cookies.
Please be aware that if cookies are disabled, not all features of the Services may operate as intended.
CHANGES TO THIS COOKIE POLICY
We may change this Cookie Policy at any time: please take a look at the “Last Updated” date at the top of this policy to see when it was last revised. Any amendments to this Cookie Policy will come into effect immediately. If you do not agree to those changes, then unfortunately you must stop using the Services.