PRIVACY POLICY

1. Introduction

Swiss MusicLab GmbH (“we“, “our” or “MusicLab“) recognizes the importance of your privacy and of transparency in our processing of your personal data. This privacy Policy (“Privacy Policy“) informs you on the personal data we collect when you access and use our mobile game applications (the “Apps“), any websites we own or operate and our products and services (altogether our “Products” and “Services“), and how we process it.

By accessing and using our Products and Services, you expressly acknowledge that we may collect and process your personal data in accordance with this Privacy Policy. Unless stated otherwise, Children (as defined below) are not allowed to use our Products and Services without the prior consent of a parent. A “Child” is a person (i) under 13 years old (for residents outside of the European Economic Area, the “EEA“); (ii) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA).

If you do not agree with this Privacy Policy, do not provide us with any personal data or provide us only with the personal data that you agree to transmit. In case of disagreement, if you withdraw your consent or if you choose not to provide us with some of the required personal data, we may be totally or partially unable to provide you our Products and Services.

This Privacy Policy forms an integral part of our Terms of Use, which shall otherwise apply. Unless otherwise stated in this Privacy Policy, any capitalized term shall have the meaning ascribed to it in the Terms of Use. In case of discrepancies between the terms of this Privacy Policy and the ones of the Terms of Use, the former shall prevail.

2. Short version

The following is a summary of (but not a replacement for) this Privacy Policy:

• Our role. We, Swiss MusicLab GmbH, are responsible for the processing, as controller, of your personal data (but only for our own activities and not those of third-party providers) (see Section 3);

• Data we collect. We collect the information which is provided to us by you. We also collect some information automatically when you interact with our Products and Services (see Section 4);

• How we use it. We process your personal data in compliance with Swiss laws and other data protection laws applicable to us. This means that we will only process your information where we have a legal basis to do so (see Section 5), and only for certain reasons (mainly for providing our Products and Services, operating our Apps, and for the other legitimate purposes indicated in this Privacy Policy) (see Section 6);

• Control and Access. Your personal data is stored in Switzerland and/or the European Union. We do not share it with third parties or transfer it abroad unless this is both necessary for the operation of our Products and Services and permitted by applicable laws. This may for instance be the case when we use service providers or must interact with partners or third parties to conduct our professional activities (see Sections 7 and 8);

• We do not store your personal data for longer than necessary for us to fulfill the purposes set out in this Privacy Policy (see Section 9);

• We apply security measures and strive to protect your personal data. However, no IT infrastructure is completely secure, and we cannot guarantee that ours is (see Section 10);

• Cookies. We may use some cookies to optimize our Products and Services. You may deactivate them at any time as set out in Section 11.

• Your rights. You may contact us (info@tunystones.com) to exercise your rights pertaining to your personal data (see Sections 12 and 13).

 

3. Who is responsible for the processing of your personal data

Swiss MusicLab GmbH, Müllheimerstrasse 61, CH-4057 Basel-Stadt, Switzerland is responsible for the processing of your personal data. You will find our contact details below in Section 13.

This Privacy Policy only applies to processing undertaken by or on behalf of us. Whilst we may provide links to third-party websites or services, we are not responsible for their policies in relation to personal data. In such circumstances, the collection and use of your personal data are governed by the privacy policy of those third-party websites or services, which you should carefully review to learn more about their personal data processing practices.

4. What data do we collect

We collect personal data in three ways:

• Information that you must provide us with to use our Products and Services. In order to use our Products and Services, in particular to register, you shall provide us with some information. For example:
  • to access and use our Products and Services: chosen title, subscription tier, name, first name, an electronic mail address, nicknames for created profiles, avatar;
  • to access and use our Products and Services through special offers: chosen title, name, first name, an electronic mail address, username, password, the name of the institution you are working for;
  • for the billing of our Products and Services: your billing information and payment related information.

• Information that you freely choose to share with us. In order to use our Products and Services, you may freely decide to provide us with some additional information. For example:
  • to access and use our Products and Services: birth date, phone number; address information, the type of music instrument you are using;
  • for the improvement of our Products and Services (quality assurance and improving acoustic recognition): sample audio recordings through the microphone of your device, melodies composed on our Products and Services.

• Information that we may automatically collect when you use our Products and Services (including through cookies as listed in Section 11): besides the personal data that you must provide us or freely choose to share with us, we may collect and process various information regarding your use of, and your behaviour on, our Products and Services, such as your browsing preferences, progress levels, session length, purchases, statistics regarding the pages that are most visited on our Products and Services, the amount of time spent on each page, the type of device used, technical information concerning your devices, software, computer peripheral, information on segments using demographic parameters such as age, gender, professional and personal interests, geographic location, etc.

Furthermore, when you (or we) are using, through our Products and Services, third-party services (Google Maps™, YouTube™, Facebook™ or X™ buttons etc.), we draw your attention to the fact that the providers of such services may also collect and process personal data through their services (your localization, your user preferences, etc.). Therefore, before using these services, we recommend that you carefully read the privacy policies of these third parties. These third-party companies may export the data that they collect to the United States, which may not be considered to offer an adequate level of data protection with respect to European standards.

 

5. On which legal ground do we process your personal data

We will only process your personal data if we have a valid legal ground for doing so. Depending on the processing activity carried out, we will only process your personal data if:

• the processing is necessary to fulfil our contractual obligations to you or to take pre-contractual steps at your request (“Contractual Necessity“);

This is the case in particular when processing your personal data is strictly required to provide you with our Products and Services.

• the processing is necessary for the fulfilment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing (“Legitimate Interest“);

Our Legitimate Interests include in particular (i) ensuring that our Products and Services are provided in an efficient and secure way (e.g. through internal analysis of the Products’ and Services’ stability and security, updates and troubleshooting, as well as support services); (ii) improving and developing our Products and Services (including monitoring the use of our products and services, and for statistical purposes); (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); and (iv) achieving our corporate goals.

• we have obtained your prior consent in a clear and unambiguous manner (“Consent“); or

• the processing is necessary to comply with our legal or regulatory obligations (“Legal Obligation“);

Finally, we will process your personal data if we are required by law to do so, as further specified in Section6 below.

6. Purposes for which we process your personal data

Your personal data is collected for the following purposes and is not further processed in a manner that is incompatible with them.

• To provide our Products and Services and operate our Apps. We mainly process your personal data to provide you with our Products and Services, including for creating and maintaining your user account and providing you with the requested information and Products and Services. To provide our professional services, our basis for processing the data to provide our Products and Services is our Contractual Necessity and Legitimate Interests.

• For our legitimate business interests related to the provision of our Products and Services, including to ensure their security, to improve them, as well as for monitoring or statistical purposes. Based on our Legitimate Interests, we may also process your personal data for our legitimate business operations related to providing our Products and Services, which include:

 

• Ensuring that our Products and Services are provided in an efficient and secure way. In addition to the personal data which you provide when logging-in to your account or interacting with our Products and Services (e.g. when you fill in forms or upload content our Apps), we automatically collect technical information about your interactions with our Apps.

 

• Protecting the security of our IT systems, architecture and networks. We use data to protect the security of our IT systems, architecture and networks.

 

• Personalizing and improving our Products and Services. We may process your personal data, in particular data relating to your use of our Products and Services and your habits and preferences (e.g. the content you accessed, date and time of access and your preferences), for internal analysis and statistical purposes, in order to better understand the needs of our users, to optimize their experience by personalizing our Services, and in general to improve the ergonomics and functionality of our Services. You may object to such processing activities at any time (see Section 12 below for additional information on your rights).

 

• To process payments for our Products and Services. When subscribing to our Products and Services, you must provide the information requested from you (e.g. contact information, billing and delivery addresses, payment method and related information. When you purchase a product or service using our website, we also automatically collect data related to your use of the website in accordance with our Cookie policy (see Section 11 below). We use third-party services for payments and the dispatch of orders. For example, depending on the payment method selected, you will be redirected to the website of an online payment provider which is responsible for processing the payment. We transmit to these third parties only the data necessary for the operations they perform.

• To contact you and respond to your queries. You have the option of contacting using the contact form available on our website. In this context, we process the data which you provide to us (including your contact information and the subject-matter of the request). This data is used for the purpose of providing you with the requested information and services, based on our Contractual Necessity.

• To send you news and advertising information. [If you subscribe to our newsletter, we will collect your contact details (name and email address) and use it to provide you with our newsletter, based on your Consent. You may unsubscribe from the newsletter service at any time, in which case your contact details will be deleted.

We also process the time of registration and your opt-in confirmation based on our Legal Obligation to demonstrate compliance and analyze your use of our newsletter, e.g. whether you have opened it or clicked on certain links, and process this data to optimize and improve our newsletter, based on our Legitimate Interest.]

[Independently from your subscription to our newsletter, [we/We]] may also contact you by email to inform you about our activities and Products and Services if you have previously purchased a similar product or service from us, if you have not objected to the corresponding use of your email address. You can object to the use of your email address for this purpose at any time by contacting us (see our contact details in section 13). The legal basis for the corresponding processing of your data is our Legitimate Interest to advertise certain sales offers and activities relating to our previous interactions with you.

 

• To comply with our other Legal Obligations or for other Legitimate Interests. We may further process your personal data if we have a Legal Obligation to do so or for other Legitimate Interests. This will for instance be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or for the establishment, exercise or defense of legal claims. We retain the personal data for the duration of the legal obligation imposed on us.

 

7. To whom are the collected data communicated

We may disclose your personal data to third parties in connection with the operation of our services or business activities and to subcontractors such as IT service providers, database providers, automated marketing solutions providers and consultants, including Apple, Google etc.

We may enable you to use third-party services directly from our website, in particular through the social plug-ins of YouTube, in which case you acknowledge that third-party operators of such services may access some of your personal data related to the website, in accordance with their own privacy practices.

We may also disclose your personal data where we have a legitimate interest in doing so, for example (i) to respond to a request from a judicial authority or in accordance with a legal obligation; (ii) to bring or defend against a claim or lawsuit; or (iii) in the context of restructuring, in particular if we transfer our assets to another company.

In addition, you may decide to share some information on social networks, e.g. by using the Facebook™ or X™ buttons, which may be available on our Products and Services. Please remember that when you publicly share personal data, this information may be seen and used by other people, as well as indexed by search engines.

8. International transfers

We store your personal data on servers located in Switzerland and/or the European Union. We may also store a copy your personal data near to the geographic location where you in order to provide you with a better service.

In principle, we do not transfer your personal data to other countries or make it available there. However, in certain circumstances, in particular in connection with the operations of our subcontractors, your personal data may be made available to recipients located abroad. In such cases, we will ensure that suitable safeguards are in place, in accordance with applicable data protection laws, for instance by relying on standard contractual clauses adopted by the European Commission.

If you transmit information and data to us, you are expressly deemed to consent to such data transfers. You may request additional information in this regard and obtain a copy of the relevant safeguards upon request by sending a request to the contact address indicated in Section 13 below.

9. How long do we store your personal data

Your personal data will not be stored longer than necessary. We will erase or anonymize your personal data as soon as it is no longer necessary for us to fulfil the purposes set out in Section 6 of this Privacy Policy. This period varies, depending on the type of data concerned and the applicable legal requirements.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes).

In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.

10. Security

We are committed to the security of your personal data, and have in place physical, administrative and technical measures designed to keep secure your personal data and to prevent unauthorized access to it. We use two-factor authentication whenever possible. We restrict access to your personal data to those persons who need to know it for the purpose described in this Privacy Policy. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive information on our Apps, we encrypt it using Transport Layer Security (TLS) technology.

Although we take appropriate steps to protect your personal data, no IT infrastructure is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect.

The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment and this Privacy Policy applies to our use of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk.

If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a Policy on the Apps).

11. How we use cookies

We may use cookies to optimize our Products and Services. Cookies are little files that are stored on your data storage medium and that memorize, through your Internet browser, some configurations and data in order to exchange them with our system. We may in particular use the following cookies:

• Strictly necessary cookies: these are cookies that are required for the operation of our Products and Services and for you to be able to enjoy the services you ask for. They include, for example, cookies that enable you to log into secure areas of our Products and Services.

• Functional cookies: these cookies record information about choices you make on our Products and Services, such as your user name, language or the region you are in. In this way, we are able to personalize your visit on our Products and Services.

• Performance cookies: these “analytical” cookies allow us to collect information about how visitors use our Products and Services, for example to count visitors and to see how visitors move around our Products and Services. They record your visit on our Products and Services, the pages you have visited and the links you have followed. These cookies do not collect information that identifies you. All information is anonymous. This helps us to improve the way our Products and Services work. In order to continuously improve and optimize our Products and Services, we use the Google Analytics™ tracking technology. Google Analytics™ is a service of Google LLC. (“Google“). Google Analytics™ is a web-analysis service allowing us to better understand your behaviour on our Products and Services. It may use a certain type of cookies in order to collect anonymous information and create activity reports regarding usage statistics of our Products and Services without you being personally identified. The information produced by such cookies (including your IP address) may be sent to – and stored on – Google’s servers in the United States of America and thus subject to foreign legislation. If you do not agree with Google Analytics ™ collecting personal data regarding your visits, you can install an add-on module for your web browser, which allows you to deactivate Google Analytics™.

• Social media cookies: these cookies allow you to share content with social media platforms (e.g. Facebook™ or X™ buttons). This method may authorize the concerned social media to monitor your navigation on our Products and Services by the mere fact that your account is activated on your device (open session) during the navigation. We have no control over these cookies as they are set by third-party providers.

• Advertisement cookies: these cookies allow us to deliver tailor-made advertisements to you on third-party websites based on your interests in our products and services manifested during your utilization of our Products and Services. These cookies do not collect information that identifies you. All information is anonymous.

• We may engage on our Products and Services in interest-based advertising, including retargeting or remarketing technology provided by third parties, such as Google™ or Facebook™. Based on that, we are able to approach you with personalized advertisements. For this purpose, cookies are stored on your computer. During your utilization of our Products and Services, neither the third-party providers nor GMT collect any personalized data, only anonymized data. Thanks to such data we can, for example, approach you with advertisement on third-party websites which is personalized according to your interests in our products, e.g. after you have used our Products and Services and showed interest in a particular series of products or services, this technology may later show you more information in form of advertisements while surfing on another website. The only goal of engaging this technology is to best adapt the available information to your interests and to make your online experience as informative as possible.

• Flash cookies from Adobe Flash Player™: Adobe Flash Player™ is a piece of software allowing quick development of dynamic content using “Flash” language. Flash (and applications of the same type) memorizes the settings, the preferences and the utilization of these contents thanks to a technology, which is similar to cookies. However, Adobe Flash Player™ manages this information and your choices through an interface that is different from the one provided by your web browser. As your device could visualize content developed in Flash language, we invite you to access your Flash cookies management tools, directly through the following website: http://www.adobe.com/fr/.

Upon your first visit or use of our Products and Services, you expressed your choice regarding the use of cookies. At any time, you may deactivate them as follows.

Most browsers accept cookies automatically but allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to. Further information is available on the following websites:

• Microsoft Internet Explorer™: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
• Mozilla Firefox™: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies
• Safari™: https://support.apple.com/kb/PH17191?locale=fr_FR&viewlocale=en_US
• Google Chrome™: https://support.google.com/accounts/answer/61416?hl=en

We recommend that you leave cookies “turned on” so that we can offer you a better experience on our Products and Services. If you set your browser to block all cookies (including strictly necessary cookies), you may not be able to access parts of our Products and Services.

Most cookies can also be deactivated through third-party tools, such as the ones proposed by the website Youronlinechoice, by the Network Advertising Initiative or by the company Ghostery. Further, most of third-party providers offer modules or proceedings allowing you to deactivate the cookies they use.

12. Your Personal Data, Your Rights

Unless otherwise provided by law, you have the right to know whether we are processing your personal data. You may contact us to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons.

By accessing your user account (if you have one), you can review, update, correct or delete the personal data available within your user account.

If you request us to delete your personal data from our systems, we will do so unless we need to retain your data for legal or other legitimate reasons. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.

Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent (without such withdrawal affecting the lawfulness of processing made prior to).

The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances.

In particular, if the general data protection regulation of the European Union (“GDPR“) applies to the processing of your personal data you have the following rights under the GDPR if the respective requirements are met:

• Right of access: you have the right to access and ask us for copies of your personal data.

• Right to rectification: you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

• Right to erasure: you have the right to ask us to erase your personal data in certain circumstances.

• Right to restriction of processing: you have the right to ask us to restrict the processing of your personal data in certain circumstances.

• Right to data portability: you have the right to ask that we transfer in a structured, commonly used and machine-readable format the personal data you gave us to another organization, or to you, in certain circumstances.

• Right to object to processing: you have the right to object to the processing of your personal data which is based on our legitimate interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defense of legal claims.

As a rule, you are not required to pay any charge for exercising your rights and we will respond to your request within one month.

If you want to exercise any of your rights, or want additional information about them, please contact us using the contact details listed below (see Section 13).

In addition, you have the right to lodge a complaint with the competent authority.

If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above.

Although this is not required, we recommend that you contact us first, as we might be able to respond to your request directly.

13. Contact Details

If you believe your personal data has been used in a way that is not consistent with this Privacy Policy, or if you have any questions or comments regarding the collection or processing of your personal data, please contact us at the following address:

Swiss MusicLab GmbH

c/o Jan Gazdzicki

Müllheimerstrasse 61

CH-4057 Basel-Stadt

info@tunystones.com

14. Updates to this Privacy Policy

This Privacy Policy may be subject to amendments. Any changes or additions to the processing of personal data as described in this Privacy Policy affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you (including by email and/or via the Apps, e.g. banners, pop-ups or other notification mechanisms). If you do not agree to the changes made, you must stop accessing and/or using the impacted Products and Services.

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Privacy Policy updated on 23 February 2025.