AET System Terms and Conditions of Use Effective as of May 29, 2018
Hello, and welcome to AET System, Inc. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve
any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. We hope you’re sitting comfortably and listening to some great music.
Here we go… 1 Introduction
Thanks for choosing AET System (“AET System”, “we”, “us”, “our”). By signing up or otherwise using the AET System service, websites, and software applications (together, the “AET System Service” or “Service”), or accessing any content or material that is made available by AET System through the Service (the “Content”) you are entering into a binding contract with AET System USA Inc. The AET System Service also includes the AET System Support Community as further described in the AET System Support Community section.
The AET System Service includes social and interactive features. Use of the AET System Service relies on several technical requirements.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on AET System’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the AET System Service or consume any Content.
Please read the Agreements carefully. They cover important information about AET System Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the AET System Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to AET System is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Enjoying Secure Vault, but AET System
Here’s some information about all the ways you can enjoy Secure Vault, by AET System.
Our Services & Paid Subscriptions
AET System provides secure information services and other content. Certain AET System services are provided to you free-of-charge. Other AET System services require payment before you can access them. The AET System services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The AET System service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of AET System for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). AET System reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR AET SYSTEM ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR AET SYSTEM ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR AET SYSTEM ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR AET SYSTEM ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AET SYSTEM WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
THE LIMITATIONSECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
Rights we grant you
The AET System Service and the Content are the property of AET System or AET System's licensors. We grant you a limited, non-exclusive, revocable license to make use of the AET System Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or AET System. You promise and agree that you are using the Content for your own personal, non- commercial, entertainment use and that you will not redistribute or transfer the AET System Service or the Content.
The AET System software applications and the Content are licensed, not sold, to you, and AET System and its licensors retain ownership of all copies of the AET System software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All AET System trademarks, service marks, trade names, logos, domain names, and any other features of the AET System brand (“AET System Brand Features”) are the sole property of AET System or its licensors. The Agreements do not grant you any rights to use any AET System Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the AET System Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, AET System grants no right, title, or interest to you in the AET System Service or Content.
Third party software (for example, open source software libraries) included in the AET System Service are licensed to you either under the Agreements or under the relevant third-party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Third Party Applications
The AET System Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that AET System does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
User-Generated Content
AET System users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such
content posted to the AET System Support Community as well as any other part of the AET System Service.
You promise that, with respect to any User Content you post on AET System, (1) you have the right to post such User Content, and (2) such User Content, or its use by AET System as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by AET System or any artist, band, label, entity or individual without express written consent from such individual or entity.
AET System may, but has no obligation to, monitor, review, or edit User Content. In all cases, AET System reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in AET System’s sole discretion, violates the Agreements. AET System may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. AET System is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST AET SYSTEM RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD AET SYSTEM HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the AET System Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the AET System Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by AET System (e.g. podcasts) may contain advertising as part of the Content. In such cases, AET System will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to AET System in connection with the AET System Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize AET System to use that Feedback without restriction and without payment to you.
Feedback is considered a type of User Content.
You grant AET System a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty
(20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain
ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
User guidelines
AET System respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure AET System stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
§ copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the AET System Service or the Content, or otherwise making any use of the AET System Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the AET System Service or the Content or any part of it;
§ using the AET System Service to import or copy any local files you do not have the legal right to import or copy in this way;
§ transferring copies of cached Content from an authorized Device to any other Device via any means;
§ reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the AET System Service, Content or any part thereof unless permitted by applicable law;
§ circumventing any technology used by AET System, its licensors, or any third party to protect the Content or the Service;
§ selling, renting, sublicensing or leasing of any part of the AET System Service or the Content;
§ circumventing any territorial restrictions applied by AET System or it licensors;
§ artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
§ removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the AET System Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
§ providing your password to any other person or using any other person’s username and password;
§ “crawling” the AET System Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from AET System; or
§ selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect AET System, the owners of the Content, and other users of the AET System Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
§ is offensive, abusive, defamatory, pornographic, threatening, or obscene;
§ is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of AET System or a third party;
§ includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
§ includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
§ is intended to or does harass or bully other users;
§ impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
§ uses automated means to artificially promote content;
§ involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the AET System inbox;
§ involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by AET System;
§ links to, references, or otherwise promotes commercial products or services, except as expressly authorized by AET System;
§ interferes with or in any way disrupts the AET System Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or AET System’s computer systems, network, usage rules, or any of AET System’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
§ conflicts with the Agreements, as determined by AET System.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your AET System account. You also agree that AET System may also reclaim your username for any reason.
Please be thoughtful about how you use the AET System Service and what you share. The AET System Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on AET System or across the web, so please use AET System
carefully and be mindful of your account settings. AET System has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Infringement and reporting User Content
AET System respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see AET System’s copyright policy. If AET System is notified by a copyright holder that any Content infringes a copyright, AET System may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to AET System with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form. 10 Service limitations and modifications
AET System will make reasonable efforts to keep the AET System Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, AET System reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the AET System Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the AET System Service or any function or feature thereof.
Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that AET System permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), AET System will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that AET System has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. AET System and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Brand Accounts
If you establish a AET System account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
AET System Support Community
The AET System Support Community is a place for discussions and exchange of information, tips, and other materials related to the AET System Service. In order to use the AET System Support Community, you must (1) have an existing AET System account; and (2) authenticate your AET System account for use on the Support Community (a “AET System Support Account”). Instructions for creating a AET System Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the AET System Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the AET System Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the AET System Support Community.
AET System Support Accounts
By creating a AET System Support Account, you confirm that any registration information that you submit to AET System is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a AET System employee or moderator or to otherwise pose as such an employee or moderator when using the AET System Support Community. You also acknowledge and agree that AET System may remove or reclaim your username at any time if AET System in its absolute discretion considers such action appropriate.
No official support
No User Content or other content posted by AET System employees, moderators and/or representatives on the AET System Support Community should be construed as official support provided by AET System. For details regarding official support, see the section Customer support. Any content provided or made available to you on the AET System Support Community by AET System employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the AET System Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of AET System or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
Reward Program
The AET System Support Community features a reward system whereby AET System, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that AET System’s decision in respect of any reward shall be final and binding.
Customer Support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties
of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Export control
AET System’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from AET System under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
Payments and cancellations
Paid Subscriptions can be purchased directly from AET System or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the AET System Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to AET System Premium immediately.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to AET System will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to AET System, please contact Customer support.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
AET System may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the AET System Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the AET System Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Term and termination
The Agreements will continue to apply to you until terminated by either you or AET System. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. AET System may terminate the Agreements or suspend your access to the AET System Service at any time, including in the event of your actual or suspected unauthorized use of the AET System Service and/or Content, or non-compliance with the Agreements. If you or AET System terminate the Agreements, or if AET System suspends your access to the AET System Service, you agree that AET System shall have no liability or responsibility to you, and AET System will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your AET System account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE AET SYSTEM SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AET SYSTEM SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AET SYSTEM AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AET SYSTEM NOR ANY OWNER OF CONTENT WARRANTS THAT THE AET SYSTEM SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, AET SYSTEM MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE AET SYSTEM SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT AET SYSTEM IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE AET
SYSTEM SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM AET SYSTEM SHALL CREATE ANY WARRANTY ON BEHALF OF AET SYSTEM IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AET SYSTEM SERVICE IS TO UNINSTALL ANY AET SYSTEM SOFTWARE AND TO STOP USING THE AET SYSTEM SERVICE. WHILE AET SYSTEM ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO AET SYSTEM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AET SYSTEM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AET SYSTEM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AET SYSTEM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AET SYSTEM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO AET SYSTEM DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits AET System’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST AET SYSTEM MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and AET System, and in no event shall the Agreements create any third- party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and AET System only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and AET System, the Agreements constitute all the terms and conditions agreed upon between you and AET System and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the AET System Service may be governed by additional agreements. That could include, for example, access to the AET System Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on AET System’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by AET System or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive AET System’s or the applicable third-party beneficiary’s right to do so.
Assignment
AET System may assign the Agreements or any part of them, and AET System may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold AET System harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the AET System Service; and (4) your violation of any law or the rights of a third party.
Choice of law, mandatory arbitration and venue
Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Virginia, United States of America, without regard to choice or conflicts of law principles.
Further, you and AET System agree to the jurisdiction of the Fairfax District of Virginia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non- contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.
AET System does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
Dispute resolution and arbitration
You and AET System agree that any dispute, claim, or controversy between you and AET System arising in connection with or relating in any way to these Agreements or to your relationship with AET System as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and AET System further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the
arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Exceptions
Notwithstanding the clause above (24.2.1), you and AET System both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class Or Representative Proceedings: Class Action Waiver
YOU AND AET SYSTEM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION. Unless both you and AET System agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and AET System will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and AET System agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778- 7879. AET System can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, AET System will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. AET System will pay any other arbitration fees, including your share of
arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). AET System's address for Notice is: AET System USA Inc., Attn: General Counsel, 8500 Leesburg Pike, Suite 203, Tysons, Virginia 22182, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or AET System may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AET System shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of AET System’s last written settlement offer, then AET System will instead pay you either the amount of the award or
$1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Enforceability
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
Contact us
If you have any questions concerning the AET System Service or the Agreements, please contact AET System Customer Service by visiting the About Us section of our website.
If you are a Virginia resident, you may have the Agreements mailed to you electronically by sending a letter to AET System USA Inc., Attn: General Counsel, 8500 Leesburg Pike, Suite 207, Tysons, Virginia 22182, USA with your email address and a request for the Agreements.
Thank you for reading our Terms. We hope you enjoy AET System! Contracting entity:
AET System Inc.
8500 Leesburg Pike, Suite 207, Tysons, VA 22182
USA
AET System Privacy Policy Effective as of May 25, 2018
Introduction
About this Policy
Your rights and your preferences: Giving you choice and control 4 How do we collect your personal data?
5 What personal data do we collect from you? 6 What do we use your personal data for?
7 Sharing your personal data 8 Data retention and deletion 9 Transfer to other countries 10 Links
11 Keeping your data safe 12 Children
13 Changes to this Privacy Policy 14 How to contact us
Introduction
Thanks for choosing AET System!
At AET System, we want to give you the best possible experience to ensure that you enjoy our service today, tomorrow, and in the future. To do this we need to understand your listening habits so we can deliver an exceptional and personalized service specifically for you. That said, your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.
That is our objective, and this Privacy Policy (“Policy”) will explain exactly what we mean in further detail below.
About this Policy
This Policy sets out the essential details relating to your personal data relationship with AET System. The Policy applies to all AET System services and any associated services (referred to as the ‘AET System Service’). The terms governing your use of the AET System Service are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the AET System Service; and
Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.
We hope this helps you to understand our privacy commitments to you. For further clarification of the terms used in this Policy please visit our Privacy Center on AET System.com. For information on how to contact us if you ever have any questions or concerns, please see the ‘How to Contact Us’ Section 14 below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the AET System Service.
Your rights and your preferences: Giving you choice and control
You may be aware that a new European Union law, called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
§ Right of Access - the right to be informed of and request access to the personal data we process about you;
§ Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
§ Right to Erasure - the right to request that we delete your personal data;
§ Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
§ Right to Object -
§ the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
§ the right to object to your personal data being processed for direct marketing purposes;
§ Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
§ Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how AET System uses your personal data, we provide you with access to the following settings via your Account Settings page:
§ Privacy Settings - allows you to control some of the categories of personal data we process about you, enables you to access your personal data via a ‘Download my Data’ button, and includes a link to the Privacy Center on AET System.com where you can find out more information about how AET System uses your personal data and what your rights are; and,
§ Notification Settings - allows you to choose which communications you receive from AET System, manage your publicly available personal data, and set your sharing preferences.
The Privacy Center puts you in control of how AET System processes your personal data. It provides you with information about what happens if you adjust your settings on your Account Settings page and how to opt out of receiving certain messages from AET System. If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from AET System (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).
You can find out more about the GDPR rights described above and the controls we provide to all AET System users with respect to these rights in the ‘Your Rights’ section contained in the Privacy Center. If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer using the ‘Contact Us’ form on the Privacy Center. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with the Swedish Data Protection Authority (Datainspektionen) or your local Data Protection Authority.
How do we collect your personal data?
We collect your personal data in the following ways:
When you sign up for the AET System Service - when you sign up to the AET System Service, we collect certain personal data so you can use the AET System Service such as your email address, birth date, gender, and country.
Through your use of the AET System Service - when you use the AET System Service, we collect personal data about your use of the AET System Service, such as what songs you have played and what playlists you have created.
Personal data collected that enables us to provide you with additional features/functionality - from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data e.g. to provide you with more features or functionality. As described further below (see Voluntary Music Data), we will not collect photos, precise mobile device location, voice data, or contacts from your device without your prior consent. You always will have the option to change your mind and withdraw your consent at any time.
From third parties - we will receive personal data about you and your activity from third parties, including advertisers and partners we work with in order to provide you with the AET System Service (please see ‘Sharing your personal data’ Section 7 below). We will use this personal data either where you have provided your consent to the third party or to AET System to that data sharing taking place or where AET System has a legitimate interest to use the personal data in order to provide you with the AET System Service.
We use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the AET System Service, and developing new features and functionality within the AET System Service.
What personal data do we collect from you?
We have set out in the tables below the categories of personal data we collect and use about you: Personal data collected when you sign up for the AET System Service
Categories of personal data Description of category
Account Registration Data This is the personal data that is provided by you or collected by us to enable you to sign up for and use the AET System Service. This includes your email address, birth date, gender, postal code, and country.
Some of the personal data we will ask you to provide is required in order to create your account. You also have the option to provide us with some additional personal data in order to make your account more personalized.
The exact personal data we will collect depends on the type of AET System Service plan you sign up for and whether or not you use a Third-Party Service (as defined in the Terms and Conditions of Use, such as Facebook) to sign up and use the AET System Service. If you use a Third-Party Service to create an account, we will receive personal data via that Third-Party Service but only when you have consented to that Third Party Service sharing your personal data with us.
Personal data collected through your use of the AET System Service Categories of personal data Description of category
AET System Service Usage Data This is the personal data that is collected about you when you are using the AET System Service - this may include:
§ Information about your type of AET System Service plan.
§ Information about your interactions with the AET System Service which includes the date and time of any requests you make, songs you have listened to, playlists you create, video content you’ve watched, and your interactions with other AET System users. This also may include details of your use of Third Party Applications and advertising you receive.
§ User Content (as defined in the Terms and Conditions of Use) you post to AET System including messages you send and/or receive via AET System and your interactions with the AET System Customer Service team.
§ Technical Data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the AET System Service, unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and AET System application version. Further details about the technical data that is processed by us can be found in our Cookies Policy.
§ Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope) required for the purposes of providing specific features of the AET System Service to you.
Personal data collected with your permission that enables us to provide you with additional features/functionality
Categories of personal data Description of category
Voluntary Mobile Data In addition to the mobile data we collect to provide you with the AET System Service (outlined above), you also have the option to give us your consent to collect additional personal data from your mobile device to provide you with features/functionality that will enhance your AET System Service experience.
We will not access any of the personal data listed below without first obtaining your consent:
§ Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll;
§ Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the AET System Service. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements;
§ Your voice data - If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the AET System Service with your voice. Please note you will always have the ability to turn off the microphone feature; and,
§ Your contacts - If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use AET System.
Payment Data We may collect such personal data if you sign up for a Trial or purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use) or make other purchases through the AET System Service. The exact personal data collected will vary depending on the payment method (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
§ Name;
§ Date of birth;
§ Credit or debit card type, expiration date, and certain digits of your card number;
§ Postal code;
§ Mobile phone number; and
§ Details of your transaction history.
If you choose to pay by invoice, we will provide your personal data to our payment processors to enable them to complete a credit check and to send you invoices.
Contests, Surveys and Sweepstakes Data This personal data is used to allow you to sign up and participate in these types of promotions. The exact personal data collected will vary depending on the promotion.
Marketing Data This personal data is used to enable AET System and our partners / service providers to send you marketing communications either:
§ Via email;
§ Whilst using the AET System Service; and/or
§ Direct from the third party.
You can find out more about the personal data collected and the controls you have in relation to the marketing communications you receive via the Privacy Center
What do we use your personal data for?
When you use or interact with the AET System Service, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 5 ‘What personal data do we collect from you?’) used for these purposes:
Description of why AET System processes your personal data (‘processing purpose’) Legal Basis for the processing purpose Categories of personal data used by AET System for the processing purpose
To provide, personalize, and improve your experience with the AET System Service and other services and products provided by AET System, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the AET System Service (including for third party products and services). § Performance of a Contract
§ Legitimate Interest § Account Registration Data
§ Service Usage Data
To understand how you access and use the AET System Service to ensure technical functionality of the AET System Service, develop new products and services, and analyze your use of the AET System Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the AET System Service. § Performance of a Contract
§ Legitimate Interest § Account Registration Data
§ Service Usage Data
To communicate with you for AET System Service-related purposes. § Performance of a Contract
§ Legitimate Interest § Account Registration Data
§ Service Usage Data
To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the AET System Service. § Performance of a Contract
§ Compliance with legal obligations
§ Legitimate Interest § Payment Data
To communicate with you, either directly or through one of our partners, for:
§ marketing,
§ research,
§ participation in contests, surveys and sweepstakes,
§ promotional purposes,
via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Account Settings page). § Consent
§ Legitimate Interest § Contests, Surveys and Sweepstakes Data
§ Marketing Data
To provide you with features, information, advertising, or other content which is based on your specific location. § Consent § Voluntary Mobile Data
If you require further information about the balancing test that AET System has undertaken to justify its reliance on the legitimate interest legal basis under the GDPR, please see Section 14 ‘How to contact us’ for further details on how to contact us.
Sharing your personal data
We have set out the categories of recipients of the personal data collected or generated through your use of the AET System Service.
Publicly available information
The following personal data will always be publicly available on the AET System Service: your name and/or username, profile picture, who you follow and who follows you on the AET System Service, your recently played artists, and your public playlists.
Personal data you may choose to share
The following personal data will only be shared with the categories of recipients outlined in the table below if:
§ you choose to make use of a specific AET System Service feature where sharing of particular personal data is required for the proper use of the AET System Service feature; or
§ you grant us your permission to share the personal data, e.g. by selecting the appropriate setting in the AET System Service.
Categories of RecipientsReason for sharing
Third Party Applications you connect to your AET System Account If you connect your AET System account to a Third-Party Application, such as, for example, social media, audio, television, or automotive platforms, AET System may share your Service Usage Data so you can connect to your AET System account.
Third Party Applications you use to log into AET System If you log into a Third-Party Application using your AET System account credentials, then that Third-Party Application may have access to certain Service Usage Data such as your playlists, saved content and activity.
You will receive a notification before connecting to the Third-Party Application to let you know what personal data will be shared / accessible to that Third-Party Application.
Support Community When you register for a AET System Support Account on the AET System Support Community, we will ask you to create a specific AET System Support Community username. This will be publicly displayed to anyone who accesses the AET System Support Community along with any questions or comments you post.
Your AET System Followers There also may be times when you want us to share certain Service Usage Data, specifically information about your use of AET System, with other AET System users known as ‘Your AET System Followers’.
For example, when you make playlists, you might want those playlists to be visible to others on the AET System Service, but you can also make your playlists private at any time.
Learn more about how to manage notifications, your publicly available information, and what you share with others in the ‘Your rights and your preferences: Giving you choice and control’ Section 3 of this Policy and on the Privacy Center.
Information we may share
Categories of RecipientsReason for sharing
Service Providers and Others We use technical service providers which may operate the technical infrastructure that we need to provide the AET System Service, in particular providers which host, store, manage, and maintain the AET System application, its content and the data we process.
We use technical service providers to help us communicate with you, as described in Section 6 of this Policy.
We use marketing and advertising partners to show you more tailored content, or to help us understand your use of the AET System Service, to provide you with a better service. We also may share personal data with certain marketing and advertising partners to send you promotional communications about AET System.
AET System Partners If you access the AET System Service through an offer that you received or purchased from a third party such as your mobile network operator, we share personal data with that third party about your use of the AET System Service, such as whether and to what extent you have used the offer, activated a AET System account, or actively used the AET System Service.
Depending on how you sign up for the AET System Service (e.g. through a third-party service or a mobile provider), we share your AET System username or other Account Registration Data as necessary to enable your account.
We also may share your personal data in a pseudonymized format with our music industry partners to help them understand how the content they license to us is performing and to enable you to listen to streaming content via the AET System Service.
We also share your personal data in a pseudonymized format with marketing partners who help us with promotional efforts and with advertisers that allow us to offer a free service.
Academic Researchers We may share your personal data for activities such as statistical analysis and academic study but only in a pseudonymized format.
Other AET System Group Companies We may share a pseudonymized format of your personal data with other AET System Group companies to carry out our daily business operations and to enable us to maintain and provide the AET System Service to you.
Law Enforcement and Data Protection Authorities We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.
We will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
Purchasers of our business We will share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, AET System will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Policy.
Data retention and deletion
We keep your personal data only as long as necessary to provide you with the AET System Service and for legitimate and essential business purposes, such as maintaining the performance of the AET System Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the AET System Service. For example, we keep your playlists, song library, and account information.
If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
§ If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
§ Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
§ Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
Transfer to other countries
AET System shares your personal data globally with other companies in the AET System Group in order to carry out the activities specified in this Policy. This includes to AET System Group companies in the following countries: Australia, Austria, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Hong Kong, Italy, Japan, Luxembourg, Mexico, The Netherlands, Poland, Singapore, Spain, Sweden, Switzerland, Taiwan, Turkey, United Kingdom and the United States of America. AET System may also subcontract processing to, or share your personal data with, third parties located in countries other than
your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.
Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances AET System shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
For further details of the security measures we use to protect your personal data, please see the
‘Keeping your personal data safe’ Section 11 of this Policy.
Links
We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the AET System Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.
Keeping your personal data safe
We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymization, encryption, access, and retention policies to guard against unauthorized access and unnecessary retention of personal data in our systems.
Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the AET System Service.
Children
The AET System Service is not directed to children under the age of 13 years. However, in some countries, stricter age limits may apply under local law. Please see our Terms and Conditions of Use for further details.
We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the AET System Service, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to AET System, please contact us using the ‘Contact Us’ form on the Privacy Center, and you may request exercise of your applicable rights detailed in the ‘Your rights and your preferences: Giving you choice and control’ Section 3 of this Policy.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the AET System account for that child.
Changes to this Privacy Policy
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the AET System Service or by sending you an email. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
If you want to find out more about this Policy and how AET System uses your personal data, please visit the Privacy Center on AET System.com to find out more.
How to contact us
Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact our Data Protection Officer by using the ‘Contact Us’ form on the Privacy Center or by writing to us at the following address:
AET System Inc.
8500 Leesburg Pike, Suite 207, Tysons, VA 22182 USA
We hope you enjoy AET System!
© AET System Inc.