Privacy Policy

1. Who we are and what this policy covers

This Privacy Policy explains how eleMusic Inc., a Delaware corporation ("eleMusic", "we", "us" or "our"), collects, uses, discloses and protects personal information in connection with eleMusic, our background-music subscription service for businesses in the United States, dental practices first. "Personal information" means information that identifies, relates to or could reasonably be linked to a particular person. It does not include information that has been de-identified or aggregated so that it can no longer reasonably be linked to a person. Your use of the Service is also governed by our Terms of Service.

1.1 What this policy covers

This policy applies to:

1. our website at elemusic.fm, including the web player and the sign-in, account, location and billing screens for practice owners and office managers (the "Site");
2. our sign-in and account service, our certificate verification pages, and any other web page we operate that links to this policy, including pages served from our hosting providers' web addresses;
3. the eleMusic apps for iPhone, iPad and Android devices (the "Apps"); and
4. the emails we send, and your support, billing and other communications with us.

Together these are the "Service". This policy does not cover services that other companies operate, even when they connect to the Service, such as Stripe's checkout and billing pages, Google's and Apple's sign-in pages, the app stores and casting devices (see Section 17). It also does not cover information we handle about our own employees, contractors or job applicants.

1.2 A business service, offered in the United States

eleMusic is designed for businesses and the people who work for them. A dental practice or other business subscribes for each of its locations (a "practice"), and its owners, office managers and staff use eleMusic at work, not for personal or household purposes. We offer the Service only in the United States, and we block any location whose billing address at checkout is outside the United States. You must be at least 18 years old to create an account, accept our Terms or subscribe; people aged 13 to 17 may use the player, the Apps or a room device with permission (Section 13).

We may in the future offer an individual subscription through the App Store or Google Play (a "Personal Plan"). We do not offer one today. Before any Personal Plan is offered, we will update this policy, including to describe the information we receive from Apple or Google about that purchase.

1.3 Who is responsible for your information

eleMusic Inc. is responsible for the personal information described in this policy and decides how and why it is used. Companies affiliated with eleMusic hold some of our hosting, storage, monitoring, app-store and developer accounts for us. They hold those accounts on our behalf, and we do not permit them to use the personal information in those accounts for any purpose other than operating the Service for us. In particular, the eleMusic Apps are published in the Apple App Store and on Google Play under the developer accounts of Graverholt Unlimited, LLC, which distributes them for eleMusic Inc. Our Subprocessors page names these companies and the accounts they hold for us. You can reach us using the details in Section 20.

2. No patient information

eleMusic plays background music. It does not need, ask for or use information about your patients. The Service is not designed to receive, store or process protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 and its regulations ("HIPAA"). eleMusic is not a business associate of your practice, and we do not sign business associate agreements. Our Apps do not use the microphone or the camera.

Do not enter patient names or any other information about patients anywhere in eleMusic, including in practice names, room names, track reports, support requests or emails to us. Room names are visible to your practice's owners and administrators and on the room device itself, and your practice name appears on your public certificate page (Section 7.3). If we become aware that patient information has reached us, we will take reasonable steps to delete it, unless we need to keep it to comply with law or a legal hold. Copies can remain in backups until they are overwritten in the normal course. Sending patient information to us does not make eleMusic your business associate.

We do not seek or knowingly collect health information about you, your staff or your patients.

3. Information we collect

We collect the personal information we need to provide and protect the Service. The table below lists each category of personal information we collect, where it comes from, why we use it and how long we keep it. We do not sell any of these categories of personal information, and we do not share any of them for targeted (cross-context behavioral) advertising (Section 8). The subsections after the table give more detail.

3.1 Account information

Practice owners, office managers and administrators use an account to set up and manage locations and billing. You can create an account with an email address and password, or with Sign in with Google (Section 4). With an email address and password, you give us your email address, a password of at least 10 characters and, if you choose, your name. We store your password only as a one-way hash (argon2id), never in readable form. If we offer Sign in with Apple, Apple gives us your Apple account identifier, your email address (or an Apple private relay address) and, the first time you sign in, your name, and we use them in the same way as the Google information described in Section 4. Room devices and the Apps do not need an account (Section 3.3).

3.2 Practice and location information

When you set up a location, you give us the practice name and, if you choose, a contact email (otherwise we use your account email). We create an access code, which your staff use to connect room devices, and a certificate number for the location's certificate page. When you start a subscription through Stripe Checkout, Stripe sends us the billing street address, city, state, ZIP code and country and the identifiers of your Stripe customer and subscription. We use the country to confirm that the location is in the United States. We keep a record of subscription events Stripe reports (for example, that a trial started or a payment failed) and of the dates your certificate was active. A practice name can include a person's name; it appears on your certificate page.

3.3 Room devices and playback

A room device (for example, a tablet, computer or phone in your office) connects with your access code and an optional room name, such as "Treatment room 2". Room devices do not have accounts, names or email addresses. When a device connects, we record its room name, its browser or device type and the IP address it connected from, and we give it a device token. While music plays, the device checks in with us about every five minutes so we can apply your plan's device allowance, and we record the time of its last check-in. The device also tells us its current status (the station and track it is playing, whether it is playing or paused, the speaker it is playing to, its volume and the app version), so that your practice's owners and administrators can see each room and change its station, pause it, skip a track or adjust its volume. We keep only the latest status for each device, not a history. Commands sent to a room are deleted once they are more than a day old and the location sends its next command. The device also requests short-lived play permissions and short-lived links to audio files.

When the Site or an App asks for a station's playlist, it sends a random device identifier with the request. We use it to vary the order of tracks and do not store it with the playlist. We do not build or keep a listening history for any room or person, and we do not record skips. Request logs kept by our hosting and storage providers, and our diagnostic data, can show which station, track or audio file a device requested, with its IP address and the time. These logs are kept only for the limited periods in Section 10, and we use them only to run, secure and troubleshoot the Service. Audio files are delivered directly from our cloud storage provider over time-limited links, so that provider receives the device's IP address and browser or device type when audio downloads.

3.4 Track reports

Anyone using a room device can tap Flag this track to report a track. The report includes the track, the time, the location, the random device identifier and a note naming the room the report came from. We use reports to review tracks and keep unsuitable ones out of rotation.

3.5 Terms acceptance records

When you set up a location on the Site, you confirm that you agree to our Terms of Service on behalf of the practice. We record your account, the location, the version of the Terms, the time, that the acceptance came from the Site, and the IP address and browser type of the request. If our checkout asks you to accept the Terms, we record that acceptance in the same way, without an IP address or browser type. We keep these records as evidence of our agreement.

3.6 Payment information

Payments are handled by Stripe on pages that Stripe hosts. If you pay with Apple Pay or Google Pay, Apple or Google also processes that payment under its own privacy policy. Stripe collects your payment details (such as your card number), name, email address, billing address and, if you add it in the billing portal, phone number, and it may collect information about your device and browser to prevent fraud. Stripe handles this information as our payment processor and also uses some of it for its own purposes, such as preventing fraud, under its own privacy policy. From Stripe we receive the identifiers of your customer record and subscription, the plan, the subscription and payment status and the billing address you enter at checkout. We do not receive or store your full card number or security code.

3.7 Communications

When you email us or ask for support, we receive your email address, your message and anything you attach. If you forward us a letter from a performing rights organization or anyone else about your practice's music, we receive that letter and use it to help you respond. Please do not include patient information.

3.8 Diagnostics and technical information

The Site, the Apps and our servers send error reports, crash reports and performance measurements to our error-monitoring provider. These include the kind of error, where in our software it happened, timings, the app or browser version, the operating system and device model, counts of app and page sessions, and coded tags such as the station, the player mode and the plan. We configure this software to remove names, email addresses, passwords, access codes, sign-in tokens, request contents and web address parameters before reports are sent, not to attach user accounts to reports, and to identify a practice, if at all, only by a one-way coded value. Automated filtering is not perfect, and a report could occasionally include such information; if we find any, we take reasonable steps to delete it. Our monitoring provider receives the IP address of the device or server that sends a report. We do not use session replay or screen recording.

Our hosting and storage providers automatically log requests to the Site, our sign-in service, our application servers and our audio storage, including the IP address, the browser or device type, the address requested and the time. We also use IP addresses and email addresses, held only briefly in server memory, to limit repeated failed sign-in, sign-up, password reset and access code attempts. When an App starts, it may check our app-update provider for updates; that provider receives the operating system, the App's project identifier, a random installation token and standard network information such as the IP address.

3.9 Information we do not collect

We do not collect information about your patients, health information, precise location, contacts, photos, calendars, messages, microphone or camera recordings, advertising identifiers, government identification numbers, or full payment card numbers. The Apps do not ask for access to your device's location, contacts, photos, microphone or camera. On iPhone and iPad, Google's Cast software, which the App uses to play music on Chromecast and other Cast devices, may collect an approximate (coarse) location, which Google handles under its own privacy policy (Section 9.3). On iPhone and iPad, the App asks to use your local network so it can find Chromecast devices and speakers to play to; you can decline or turn this off in your device's settings.

4. Sign in with Google

If you choose to sign in with Google, we use Google's sign-in service. This section describes how we access, use, store and share the information Google provides to us ("Google user data").

1. What we request. We request only Google's standard sign-in permissions: "openid", "email" and "profile". We do not request access to Gmail, Google Drive, Google Calendar, your contacts or any other Google service. We use your Google account only to sign you in and to receive the information described in this section.
2. What we receive and store. Google gives us your Google account identifier, your email address and whether Google has verified it, your name and the web address of your profile photo. We accept only email addresses that Google has verified. We store your Google account identifier, email address, name and profile photo address in our account database, which is hosted in the United States, along with the email address at the time your Google sign-in was linked. We never receive your Google password. We use Google's sign-in tokens only to complete each sign-in, and we do not keep Google access tokens or refresh tokens.
3. How we use it. We use Google user data only to create your eleMusic account, sign you in, link your Google sign-in to an existing eleMusic account that uses the same verified email address, identify you in the Service and our records, and contact you about your account, your locations and your subscription. We do not use Google user data to send marketing emails. eleMusic staff see your name and email address to operate and support your account (for example, in our internal list of locations and their owners), for security (for example, to investigate abuse), or to comply with the law. If the existing account was set up with a password, linking removes that password and signs out the account's other sessions, so that only the person who controls the email address can use the account. You can set a new password at any time with the Forgot password link.
4. How we share it. We do not sell Google user data, use it for advertising, or use it to develop, improve or train generalized or personalized artificial intelligence or machine learning models. Your Google email address becomes the contact email of a location you create unless you change it. We then send it to Stripe when you check out, and Stripe also uses it under its own privacy policy (for example, to prevent fraud), and our email delivery provider handles it when we send you account email. Otherwise, we transfer Google user data only to the service providers that host and operate the Service for us (Section 7.1), for security purposes such as investigating abuse, or to comply with applicable law. If eleMusic is involved in a merger, acquisition or sale of assets, or the Service moves to a successor or affiliated company, we will transfer your Google user data only after we ask for and receive your explicit consent. If you do not consent, we will not transfer it and will delete it, and you can set up your account again with an email address and password.
5. Limited Use. eleMusic's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
6. Your choices. You can remove eleMusic's access to your Google account at any time in your Google Account, under Security, in the list of third-party apps and services connected to your account. That stops future sign-ins with Google but does not delete your eleMusic account or the information we already hold. To delete it, follow Section 11.3. If we want to use Google user data in a new way or for a different purpose, we will update this policy and ask for your consent first.

5. How we use information

We use personal information for these purposes:

1. To provide the Service: create and manage accounts and locations, connect room devices, deliver stations, playlists and audio, keep music playing through short internet outages, and issue, show and verify certificates.
2. To apply your plan: check that a location is entitled to play, apply the device allowance, start and end trials, apply discounts, process subscription changes and cancellations through Stripe, and confirm that a location is in the United States.
3. To communicate with you: send service emails (such as password reset links, the welcome email with your access code and certificate link, and notices about your account, billing, security or changes to our terms and policies), answer requests and provide support.
4. To help with questions about music: use your certificate and subscription history to help you respond to a performing rights organization or anyone else who asks about the music played at your practice.
5. For security and to prevent abuse: authenticate users and devices, limit repeated failed attempts, detect and investigate fraud, misuse and violations of our Terms, and protect eleMusic, our customers and others.
6. To maintain and improve the Service: diagnose errors and crashes, measure performance, review track reports, and improve the Service and the catalog, using aggregated or de-identified information where we can.
7. For legal and compliance purposes: comply with laws, legal process, and tax and accounting rules; establish, exercise or defend legal claims; and enforce our agreements.
8. To run our business: plan, manage and operate eleMusic, including audits, financing and corporate transactions (Section 7.7).
9. To tell you about eleMusic: if we start sending them, occasional emails about eleMusic features or offers, sent only to a location's contact email that its owner has given or confirmed to us in the Service (never to an address we received only through Sign in with Google), each with an unsubscribe link (Section 15).
10. With your consent or at your direction.

We do not use personal information for targeted advertising, to make automated decisions that produce legal or similarly significant effects about you, or to train AI models. If we want to use personal information for a purpose that is materially different from those described here, we will update this policy first and, where the law requires, ask for your consent.

6. Our music and AI

The eleMusic catalog is original music and nature soundscapes generated with generative AI models, including models provided by third parties, and mastered by eleMusic. The catalog is created in advance, separately from your use of the Service. We do not use your personal information, your practice's information or anything you enter in eleMusic to create music, and we do not send it to the AI models that generate our catalog. We do not use personal information to train or improve AI models. Some of the companies that provide AI models also provide other services we use, such as Google for sign-in, casting and business email (Section 7.1 and our Subprocessors page); those services handle personal information only as described there. Our Terms of Service explain how the music is made and what your subscription covers.

7. How we disclose information

We disclose personal information as described in this section.

7.1 Service providers

We use service providers to host and run the Service, and we disclose personal information to them only as needed for them to perform services for us. Their terms with us limit their use of it to providing those services and, where those terms allow, to keeping their services secure, preventing fraud and meeting their legal obligations, and require them to protect it with appropriate safeguards. We choose providers whose published privacy and security commitments, in our judgment, give the information they receive the same or equal protection as this policy. Stripe also processes some payment information as an independent company under its own privacy policy (Section 3.6 and Section 7.5). Our service providers fall into these categories:

1. cloud hosting, databases and application servers;
2. cloud storage and delivery of audio files, and storage of track reports;
3. payment processing and subscription billing;
4. delivery of the emails we send, and the business email service that receives your messages to us;
5. error and performance monitoring;
6. app updates and app distribution; and
7. software tools we use to run our business, such as tools for support, email and maintaining our systems.

Our Subprocessors page lists our current service providers, what each one does and where it processes data.

7.2 Within your practice

Owners and administrators of a location can see that location's information, including its access code, plan and connected room devices (each device's room name, browser or device type, when it connected and last checked in, and what it is playing, on which speaker and at what volume). Anyone using a room device can see the practice name and the room name on that device.

7.3 Your public certificate page

Each location has a certificate page at a web address that includes its certificate number. Anyone who has the address can view the page without signing in. It shows the practice name, city and state, whether the certificate is active, and the dates it was active, so that you can show it to a performing rights organization or anyone else who asks about your music. We ask search engines not to index certificate pages, but we cannot stop someone who has the address from sharing it.

7.4 At your direction or with your consent

We disclose personal information when you ask us to or agree that we may, for example when you ask us to confirm your practice's coverage to someone who has asked about the music played at your practice.

7.5 Services you choose to use

When you use Stripe's checkout and billing pages, Sign in with Google or Sign in with Apple, Google Cast, or an app store, you give information directly to the company that runs that service, and it handles that information under its own privacy policy (Section 17).

7.6 Legal requirements and protection

We may disclose personal information if we believe in good faith that doing so is reasonably necessary to:

1. comply with a law, regulation, subpoena, court order or other legal process, or a lawful request from a government authority;
2. enforce our Terms of Service and other agreements, or investigate possible violations;
3. detect, prevent or address fraud, security or technical problems; or
4. protect the rights, property or safety of eleMusic, our customers, users or the public.

7.7 Business transfers

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of assets or transfer of the Service to another provider, or if the Service moves to a successor or affiliated company (for example, a new eleMusic company), personal information may be disclosed during due diligence and transferred as part of that transaction. Personal information that is transferred will remain subject to this policy, as it may be updated under Section 18. This section does not apply to Google user data, which we transfer only as described in Section 4.

7.8 Affiliated companies

We may disclose personal information to companies affiliated with eleMusic that hold accounts for us or otherwise help us operate the Service (Section 1.3). We do not permit them to use it for any purpose other than operating the Service for us.

7.9 Aggregated and de-identified information

We may use and disclose information that has been aggregated or de-identified so that it can no longer reasonably be linked to you or your practice, for example the number of active locations. We keep such information in de-identified form and will not attempt to re-identify it, except as the law allows to test our de-identification methods.

7.10 Copyright and other legal notices

When someone sends us a notice of claimed infringement or a counter-notice under our Copyright Policy, we may send a copy, including the sender's name and contact details, to the other party and to others as that policy and the law describe.

7.11 Professional advisers and payment disputes

We may disclose personal information to our lawyers, accountants, auditors and insurers under duties of confidentiality, and to payment processors and card networks as needed to respond to a payment dispute or chargeback.

8. No sale or sharing of personal information

We do not sell personal information, and we do not share personal information for cross-context behavioral advertising (targeted advertising). We have not done either in the 12 months before the date of this policy. We show no ads in eleMusic, and we do not use advertising services, advertising pixels or advertising cookies. We do not use third-party analytics services, other than our error and performance monitoring (Section 3.8) and the diagnostic and usage information built into Google's Cast software (Section 9.3). We have no actual knowledge of selling or sharing the personal information of anyone under 16. We do not disclose personal information to third parties for their own direct marketing purposes, and we do not use it for profiling that produces legal or similarly significant effects. If this ever changes, we will update this policy before it does, and we will not sell or share personal information collected while this statement was in effect without the consent of the person it is about.

9. Cookies, device storage and similar technologies

9.1 On the Site

The Site and our sign-in service do not use cookies. Instead, the Site keeps a few items in your browser that it needs in order to work:

1. in local storage: your sign-in token (if you manage a practice), the room device token and a short-lived play token, a random device identifier, your current queue and position, an index of music saved for offline play, the location you selected, the time of the last check-in, whether you are casting, and a test setting used only by eleMusic staff;
2. in session storage, which your browser clears when you close the tab: a one-time value that protects the Google sign-in step, and whether you started from the free trial button; and
3. in your browser's cache: copies of recently played music (up to about 1.5 GB), so playback continues through short internet outages, and the player page and our error-monitoring code, so the player can open offline.

These items are strictly necessary for the Service. They stay in your browser, except that the tokens are sent to us to sign you in and authorize playback, and the device identifier is sent with playlist requests and track reports. You can delete them by clearing your browser's site data for elemusic.fm. Doing so signs you out and disconnects a room device until it is connected again.

9.2 In the Apps

The Apps keep the room device token and play token in your device's protected credential storage (the iOS Keychain or the Android Keystore). They keep a random device identifier, the practice name and plan summary, the room name, the time of the last check-in, your queue position, your settings and an index of cached music in the App's own storage, along with up to about 600 MB of cached music. Switch practice in the App's settings removes the device's tokens from the device. Removing the App deletes its stored files and settings. On iPhone and iPad, tokens kept in the Keychain can remain after the App is removed, but they expire on their own (Section 10).

9.3 Third-party technologies

1. Stripe. Our checkout and billing pages are hosted by Stripe, which uses cookies and similar technologies on those pages under its own policies, including to prevent fraud.
2. Google and Apple sign-in. If you choose Sign in with Google (or Sign in with Apple), you sign in on that company's pages under its own policies.
3. Google Cast. In Chrome and other Chromium-based browsers, the Site loads Google's Cast software from Google's servers after you choose a station, so that you can play to Chromecast and other Cast devices. The Apps include Google's Cast software for the same purpose, and it runs while the App is open. Google's Cast software may send Google your IP address, browser or device and operating system information, a device identifier, diagnostic information and information about how you use the Cast controls, which Google uses to operate and improve Cast under Google's privacy policy. On iPhone and iPad, Google's Cast software in the App may also collect an approximate (coarse) location, which Google handles under its own privacy policy. The Apps never ask for access to your device's location. We do not use Google Cast for advertising or to track you across other companies' apps or websites. When you cast, the Cast device and Google's receiver application receive the time-limited audio links and track titles.
4. Google Fonts. Some of our informational pages load fonts from Google Fonts, which receives your IP address and browser information when the page loads.
5. Error monitoring and app updates. Our error-monitoring code is served from our own Site, and it sends reports to our monitoring provider as described in Section 3.8. The Apps check our app-update provider for updates (Section 3.8).

9.4 Do Not Track

We do not track you over time and across third-party websites, so we do not change how the Service works in response to a browser's Do Not Track signal. When you use Stripe's pages, Sign in with Google or the other Google services described in Section 9.3, those companies may collect information about your online activities over time and across different websites under their own privacy policies. Other than as described in Section 9.3, we do not knowingly permit third parties to collect personal information about your online activities over time and across different websites through the Service.

9.5 Global Privacy Control

If your browser sends a Global Privacy Control signal, we treat it as a request to opt out of the sale or sharing of personal information associated with that browser. Because we do not sell or share personal information, honoring the signal does not change how the Service works for you.

10. How long we keep information

We keep personal information only for as long as we need it for the purposes in this policy, including to provide the Service, comply with legal obligations (such as tax and accounting rules), resolve disputes, prevent fraud and abuse, and enforce our agreements. To decide how long that is, we consider the amount, nature and sensitivity of the information, why we hold it, and legal requirements. When we no longer need it for these purposes, we delete it, de-identify it or restrict it. The table below gives more detail.

11. Your choices and requests

11.1 Choices in eleMusic

1. Sign out at any time. Signing out ends that sign-in session.
2. If you own or administer a location, disconnect any room device, or change the access code to disconnect every room device at once.
3. In an App, use Switch practice to remove that device's sign-in from the device. To disconnect the device from the location so that it can no longer be used, an owner or administrator removes it from the location's device list.
4. Update your billing details, change your plan or cancel your subscription in the billing portal, which you reach from Manage billing in the player.
5. Remove eleMusic's access to your Google account (Section 4).
6. Turn off the App's local network permission in your device's settings.
7. Clear your browser's site data for elemusic.fm, or remove the App (Section 9).
8. Unsubscribe from any marketing email using the link in it (Section 15).

To change your account email address, a practice name or a contact email, contact us. Where we rely on your consent, you may withdraw it at any time by contacting us; withdrawing consent does not affect what we did before.

11.2 Access, correction, deletion and copies

Wherever you live in the United States, you may ask us to:

1. confirm whether we hold personal information about you and give you access to it;
2. give you a copy of it in a portable, commonly used format;
3. correct personal information that is inaccurate; and
4. delete personal information about you.

To make a request, email hello@elemusic.fm from the email address on your account and tell us which practice, location or device the request concerns. If you do not have an account, tell us which practice and device the request concerns; we will verify the request as described in Section 11.4 and may confirm it with the owner of that location before acting on it. We will respond within 45 days of receiving your request. If we need more time, we may extend that once by up to 45 more days and will tell you why. We do not charge for requests, unless a request is manifestly unfounded or excessive. We may decline or limit a request where the law permits, for example if we cannot verify your identity, if responding would reveal another person's information, or if we must keep the information (Section 10); if we do, we will tell you why.

11.3 Deleting your account or a location

This is how to delete your eleMusic account, including an account you use with the eleMusic apps for iPhone, iPad and Android. eleMusic does not yet have a self-service delete button. To delete your account, a location, or both, email hello@elemusic.fm from the email address on your account and tell us what you want deleted. We will confirm the request and complete it within the time in Section 11.2.

1. If you own a location with a subscription or trial, we will confirm with you before we cancel it and close the location. Closing a location disconnects all of its room devices.
2. When we delete an account, we delete or de-identify your profile photo address, password hash, Google or Apple sign-in links and sign-in records, and we remove your access to every location. When we close a location at your request, we delete or de-identify its device records and the room names in its track reports.
3. We keep the email address and name that were on the account when you accepted our Terms, together with the acceptance records, billing records we must keep for tax and accounting, and certificate dates, because we may need them to show who agreed to what and which dates a certificate covered. We also keep information needed to comply with law, resolve disputes, prevent fraud or abuse, or enforce our agreements. We keep this information only as long as needed for those purposes, and this policy continues to apply to it.
4. Deleted information can remain in backups until they are overwritten in the normal course.
5. Information held by Stripe, Google, Apple or an app store is held under their own policies. Contact them to delete it.

The Apps do not let you create an account inside the App, but they may direct office managers to elemusic.fm, where accounts are created. Room devices themselves do not have accounts. To stop a room device from playing, have an owner or administrator disconnect it as described in Section 11.1. To have a device's records deleted, email hello@elemusic.fm as described in this section.

11.4 Verifying requests and authorized agents

To protect your information, we verify requests before acting on them. We will usually ask you to send the request from, or confirm it through, the email address on your account, and we may ask for information that matches what we hold. We use information you give us for verification only for that purpose. An authorized agent may make a request for you if you give the agent signed, written permission. We may ask you to verify your identity directly with us and to confirm that you gave the agent permission, unless the agent holds a valid power of attorney.

11.5 Appeals and non-discrimination

If we decline your request in whole or in part, you may appeal by replying to our decision. We will respond to your appeal in writing within 60 days and explain the reasons for our decision. If you are not satisfied with the result, you may contact your state's attorney general. We will not deny you the Service, charge you a different price or give you a different level of service because you made a request under this policy, except as the law allows (for example, if deleting your account information means we can no longer provide an account).

12. US state privacy rights

Some US state laws give residents rights over their personal information. Depending on where you live, and subject to exceptions in applicable law, these may include the right to: confirm whether we process your personal information and access it; correct it; delete it; obtain a portable copy; opt out of its sale, of targeted advertising and of certain profiling; limit the use of sensitive personal information; appeal our decision on a request; and not be discriminated against for exercising these rights. Some of these laws do not cover information about people acting in a business or employment capacity, and many apply only to businesses above a certain size. Whether or not a law applies, we offer the requests in Section 11 to everyone who uses eleMusic in the United States.

We do not sell personal information, use it for targeted advertising or use it for profiling in furtherance of decisions that produce legal or similarly significant effects, so there is nothing to opt out of.

12.1 California

If you are a California resident, this section applies to you in addition to the rest of this policy, to the extent the California Consumer Privacy Act, as amended (the "CCPA"), applies to us. Terms such as "sell", "share", "service provider" and "sensitive personal information" have the meanings the CCPA gives them.

Categories collected and disclosed. In the 12 months before the date of this policy, we collected the categories of personal information below and disclosed them for business purposes to the recipients shown. We did not sell or share any of them.

We may also disclose any of these categories to our professional advisers (Section 7.11), to the other party to a copyright notice (Section 7.10), as required by law or to protect rights and safety (Section 7.6), and in a business transfer (Section 7.7). Disclosures to Stripe to process payments and prevent fraud, and to Google when you choose to use its services, are made to provide the Service or at your direction, and we receive nothing of value for the personal information; we do not treat them as sales or sharing.

We do not collect precise geolocation (an IP address or billing address can indicate a general location), characteristics of protected classifications, biometric information, audio or visual recordings, health information, education information, or inferences drawn to create a profile about you.

Sources, purposes and retention. We collect personal information from you, from your devices, from the owner or office manager who sets up your location or connects a room device, from Stripe, from Google or Apple when you use their sign-in, and from our service providers. We use it for the business and commercial purposes in Section 5 and keep it for the periods in Section 10.

Sensitive personal information. We use and disclose sensitive personal information only for purposes the CCPA permits without a right to limit, such as providing the Service and protecting its security and integrity, and not to infer characteristics about you.

Your rights. To the extent the CCPA applies, you have the right to know the categories and specific pieces of personal information we collected about you, its sources, our purposes and the categories of recipients; to delete it; to correct it; to opt out of its sale or sharing; to limit the use of sensitive personal information; and not to be retaliated against for exercising these rights. We do not sell or share personal information or use sensitive personal information for purposes that carry a right to limit, and we do not use automated decision-making technology to make significant decisions about you. To make a request, follow Section 11.2. We verify requests and accept requests from authorized agents as described in Section 11.4; an agent with a power of attorney under California Probate Code sections 4121 to 4130 need not provide separate permission. We process opt-out preference signals as described in Section 9.5. We do not offer financial incentives in exchange for personal information.

Shine the Light. We do not disclose personal information to third parties for their own direct marketing purposes.

12.2 Nevada

We do not sell covered information as Nevada law defines it. Nevada residents may still send a request that we not sell their covered information to our designated request address, hello@elemusic.fm, and we will respond within 60 days.

13. Children and teens

eleMusic is a service for businesses and is not directed to children under 13. You must be at least 18 years old to create an account, accept our Terms or subscribe. People aged 13 to 17 may use the player, the Apps or a room device only with the permission of a parent or legal guardian or of the practice that authorized them. A room device has no account of its own, and we do not ask the person using it for a name, email address or age; what a room device sends us is described in Section 3.3. We do not knowingly collect personal information from children under 13, and we do not sell or share the personal information of anyone we know to be under 16. Patients and visitors, including children, may hear eleMusic at a practice, but they do not use the Service, and we do not collect information about them. If you believe that a child under 13 has given us personal information, contact us at hello@elemusic.fm, and we will take reasonable steps to delete it.

14. Security

We use reasonable administrative, technical and physical safeguards designed to protect personal information, appropriate to the information we hold. They include:

1. encrypted connections (HTTPS) between your browser or the Apps and our services and audio storage;
2. passwords stored only as one-way hashes (argon2id);
3. signed tokens that expire: 30 days for sign-in, 105 days after the last renewal for room devices, and 6 hours for playback permissions, with room device tokens kept in the iOS Keychain or Android Keystore in the Apps;
4. an account database reachable only on our hosting provider's private network;
5. private audio storage, encrypted at rest and reached only through time-limited links;
6. limits on repeated failed sign-in and access code attempts;
7. access to customer information limited to people who need it to operate the Service, including administrators of the accounts held for us by the affiliated companies named on our Subprocessors page (Section 1.3), with eleMusic's administrative tools available only to designated staff email addresses confirmed through Google or Apple sign-in; and
8. error reports configured to remove names, email addresses, tokens and codes before they are sent (Section 3.8).

No method of transmitting or storing information is completely secure, and we cannot guarantee the security of personal information. If a security incident affects your personal information, we will notify affected individuals, regulators and others when and as applicable law requires.

You can help. Keep your password and access code confidential, and share the access code only with your staff. The welcome email for a new location contains its access code, so protect access to that inbox. If you think the code has reached anyone who should not have it, change it in the player; doing so disconnects every room device until it is connected again with the new code.

15. Emails

We send emails needed to provide the Service, such as password reset links, the welcome email for a new location (which includes the access code and the certificate link), and notices about your account, your subscription, security, or changes to our terms and policies. These emails are part of the Service, and you cannot opt out of them while you have an account. Stripe may also send you receipts and billing emails for us. Our service emails include links to our Terms of Service and this Privacy Policy.

If we send marketing emails, for example about new stations or features, each will include an unsubscribe link, and we will honor your request within 10 business days. We do not send text messages.

16. Where we process information

eleMusic is offered only to businesses and users in the United States, and we do not offer the Service to people in the European Economic Area, the United Kingdom or Switzerland. Our account database and audio storage are hosted in the United States. Some of our service providers may process information in other countries under their own safeguards. If you visit the Site from outside the United States, your information will be processed in the United States, where privacy laws may differ from those where you live.

17. Third-party services and links

The Service connects to services that other companies operate, including Stripe (checkout and billing), Google (Sign in with Google, Google Cast and Google Fonts), Apple (Sign in with Apple, if offered, and the App Store) and Google Play. Those companies collect and use information under their own privacy policies, not this one, and we are not responsible for their practices. Their policies are available at stripe.com/privacy, policies.google.com/privacy and apple.com/legal/privacy. The Service may also link to other websites; this policy does not apply to them.

18. Changes to this policy

We may update this policy from time to time. When we do, we will change the "Last updated" date and version at the top and post the updated policy at elemusic.fm/privacy. If we make a material change, such as a new use or disclosure of personal information, we will tell everyone who has an eleMusic account by email, and with a notice in the Service, at least 30 days before the change takes effect, unless a shorter period is needed to comply with law or to address a security risk, in which case we will give as much notice as we reasonably can. Adding or replacing a service provider for a purpose already described in this policy is not a material change; we list it on our Subprocessors page before it receives personal information. We will ask for your consent where the law requires it, including before we use Google user data in a new way. An update takes effect on its effective date and applies to information collected from then on, and to information collected earlier only as the law allows. Earlier versions of this policy are listed on our Legal page and available on request.

19. How this policy relates to our Terms

This Privacy Policy describes our practices. It is not a contract and does not create contractual rights or obligations for anyone, except where the law requires otherwise. If you or your practice have accepted our Terms of Service, any dispute about this policy or about how we handle personal information is a Dispute under the Terms, and the Terms' sections on limitation of liability (Section 20), protection of the people behind eleMusic (Section 21) and dispute resolution and arbitration (Section 23) apply to it. Our privacy commitments are made by eleMusic Inc. only, and not by any of its owners, officers, directors or employees, or by the companies listed on our Subprocessors page.

20. Contact us

For questions about this policy, or to make a privacy request, contact us at:

This email address is also our designated address for state privacy requests, including Nevada requests (Section 12.2). For help with the Service, write to hello@elemusic.fm.