Terms of Service and Your Privacy Rights

Please read these terms of service very carefully before registering for the Audiofusion web site and Service. These terms of service ("Agreement") govern you accessing content and using https://audiofusionsystems.com and its affiliate’s web sites and mobile applications. This Agreement between you ("you") and Audiofusion, is subject to change by us as described below. By clicking the
"I Accept" button below, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Audiofusion.

1. This web site and any mobile application (collectively the "Site") is owned and operated by Audio Fusion Systems, Inc. (referred to as "Audiofusion" herein). The Site and its content ("Content") and the Audiofusion service ("Service") may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Audiofusion or the copyright owner to the fullest extent allowed by law.
2. You acknowledge and agree that Audiofusion may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Audiofusion’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Audiofusion when you stop using the Services. You acknowledge and agree that if Audiofusion disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Audiofusion, unless you have been specifically allowed to do so in a separate agreement with Audiofusion. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Audiofusion, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Audiofusion has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Audiofusion may suffer) of any such breach.
4. Audiofusion does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
5. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
6. Audiofusion reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
7. While Audiofusion uses reasonable efforts to include accurate and up-to-date information on the Site, Audiofusion makes no warranties or representations as to its accuracy. Audiofusion assumes no liability or responsibility for any errors or representations in the Content or this Site.
8. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that Audiofusion is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
9. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Audiofusion shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Audiofusion has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
10. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, Audiofusion shall own such content and material and you hereby assign any rights in such content and material to Audiofusion. In the event ownership in the content or material cannot be granted to Audiofusion, you grant Audiofusion and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Audiofusion, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold Audiofusion and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
11. At your discretion, you may provide feedback to Audiofusion concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Audiofusion. In the event ownership in the Feedback cannot be granted to Audiofusion, you grant Audiofusion at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Audiofusion may disclose that Feedback to any third party in any manner and you agree that Audiofusion has the ability to sublicense all Feedback in any form to any third party without restriction.
12. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Audiofusion may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
13. You shall not transmit to Audiofusion or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
14. You may not use your username and password for any unauthorized purpose.
15. Audiofusion may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
16. Audiofusion does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Audiofusion. If Audiofusion discovers that a person under the age of 13 has provided Audiofusion with any personal information, Audiofusion will use commercially reasonable efforts to delete such person's personal information from all Audiofusion systems.
17. Audiofusion may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
18. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICITON OF SUCH COURTS.
19. The materials on this Site are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Audiofusion’s proprietary rights in them.
20. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. AUDIOFUSION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. AUDIOFUSION MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, AUDIOFUSION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AUDIOFUSION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
21. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AUDIOFUSION OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF AUDIOFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. AUDIOFUSION’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF AUDIOFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
22. YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE AUDIOFUSION, ITS SUCCESSORS, ASSIGNS, MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS ("RELEASED PARTIES") OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF USE OF THE SITE, SERVICE OR CONTENT, INCLUDING BODILY INJURY, HEARING LOSS OR DAMAGE, NEGATIVE EFFECTS ON LIVE PERFORMANCES, AND DEATH.
23. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
24. The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Audiofusion shall not be liable to you for any delay or failure of Audiofusion to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Audiofusion. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

Audio Fusion Systems, Inc. ("Audiofusion" or "we" or "us") has created this Privacy Policy in order to disclose its use of consumer data collected about you. This Privacy Policy is effective as of July 20, 2018. Any questions regarding this policy should be directed by email to privacy@audiofusionsystems.com. You may also contact Audiofusion at 1401 Lavaca St, Ste 647, Austin, TX 78701. The following discloses Audiofusion’s information gathering and dissemination practices for its applications and website.

Audiofusion may be the Controller or Processor of your personal data provided to us by you or collected by us from you during your use of the website and/or applications, as outlined below. If you use the Audiofusion service, you consent to this policy and the use/sharing of your personal data as described herein. You have the choice to opt-out of sharing your data, as described below, and control how we use and share your data.

Audiofusion may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with Audiofusion, however if you chose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the Audiofusion website and/or application. We collect personal information from you at several different points, including but not limited to the following:

• when we correspond with you as a customer or prospective customer;
• when you visit the Site;
• when you register as an end-user of our Service and an account is created for you;
• when you provide information, such as survey information;
• when you contact us for help; and
• when the Site sends us error reports or application analytics data.

Audiofusion does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Audiofusion explicit consent to receive such information.

We will only collect and process your personal data where we have lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.

We retain the personal data that you provide to us when you registered with the Audiofusion website and/or application or any other information that you volunteered while using the website and/or application for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We retain any information provided as described in the Uses of Information below.

You have the right to request access to the information that Audiofusion has on you. You can do this by contacting us at privacy@audiofusionsystems.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at privacy@audiofusionsystems.com with the change request. Any data that is no longer needed for the purposes specific below will be deleted. You have the right to request the deletion of any personal data that we have on you. If you wish to do so, please contact us at privacy@audiofusionsystems.com. Note that Audiofusion may not be able to delete any depersonalized data on you.

Audiofusion may use personal information that we collect about you to:

• deliver the products and services that you have requested;
• manage your customer relationship and provide you with customer support;
• perform analysis about your use of the website and/or application;
• communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
• enforce our terms and conditions and other agreements between Audiofusion and you;
• manage our business;
• respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and
• perform functions as otherwise described to you at the time of collection.

Audiofusion occasionally uses other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.

(a) Personally Identifiable Information. Audiofusion will never sell your email address or any other personally identifiable information, to any third party without your permission. We may store personally identifiable information in locations outside the direct control of Audiofusion (for example, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our websites and/or applications (such as posting comments, reviewing items, etc.) will be available to others. Except as described in this Section, we will not disclose your personally identifiable information to any third party except consultants working on our behalf, without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on the interests of our users. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly.

(b) Non-Personally Identifiable Information. The Audiofusion site registration form may require users to give Audiofusion contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Audiofusion uses your contact information from the registration form to send you information about Audiofusion and promotional material from some of Audiofusion’s partners. Your contact information may also be used to contact you when necessary. Audiofusion may use demographic and/or profile data to tailor your experience on the Audiofusion website and/or applications, show you content that Audiofusion thinks you may be interested in, and display content according to your preferences. The demographic and profile data will be shared with third parties ONLY on an aggregate basis. Furthermore, Audiofusion shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. Audiofusion may disclose such data to third parties provided it is grouped with other Audiofusion users’ data and is presented in an aggregate form.

(c) We May Be Required to Share Your Information. Audiofusion reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Audiofusion may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.

(d) What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the Audiofusion service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.

(e) Behavioral Targeting / Re-Targeting. We allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Audiofusion service, websites and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.

(f) Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at privacy@audiofusionsystems.com.

The information collected by Audiofusion may be processed and/or stored in the United States, European Union Member Nations, Canada, or any other country in which Audiofusion or its affiliates or service providers maintain operations. Audiofusion may transfer information that we collect, including personally identifiable information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.

Audiofusion is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving consumer data exchanged between Audiofusion and other companies to help ensure its security. This site has security measures in place designed to protect the loss, misuse and alteration of the information under Audiofusion’s control. Audiofusion’s servers are backed up regularly and protected by security systems. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Audiofusion service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at privacy@audiofusionsystems.com. We may use an outside help platform, and a credit card processing company to bill you if you purchase services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website and/or application. However, once you choose to furnish the website and/or application with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.

Global Positioning System (GPS) tracking technology may need to be enabled in Audiofusion products and services in order to determine the location (latitude and longitude) of users of the Audiofusion products and services. You acknowledge and consent to the use of this technology. You have the right to reject the use of this technology by contacting info@audiofusion.com, however note that this technology and its applicable information is used in conjunction with Audiofusion’ applications and therefore some elements of the Audiofusion’ website and/or application may not be accessible to you. This information is transmitted to Audiofusion, Audiofusion’s users, and temporarily stored by Audiofusion. Audiofusion does not provide this information to any other third party.

Audiofusion may create links to other web sites. Audiofusion will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by Audiofusion may have links leading to our site. Audiofusion cannot control these links and Audiofusion is not responsible for any content appearing on these sites.

We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all Audiofusion systems.

Audiofusion does not currently respond to browser "Do Not Track" (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application.

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to privacy@audiofusionsystems.com.

Our website and/or application are not intendent to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@audiofusionsystems.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes

The website and/or application is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction. European Union or Swiss individuals may refer to the Privacy Shield statement below with regard to the transfer of their personal data.

Audiofusion may amend this policy at any time. If Audiofusion is going to use personally identifiable information collected through the Audiofusion site in a manner materially different from that stated at the time of collection, Audiofusion will notify users via email and/or by posting a notice on the Audiofusion site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.

This Privacy Policy inures to the benefit of successors and assigns of Audiofusion.

If you have any questions about this Privacy Policy, the practices of this site, your dealings with this web site, or request access, changes or deletion to information we have about you, you can contact privacy@audiofusionsystems.com. Upon request, Audiofusion will provide you with access to information (e.g., name, address, phone number) that Audiofusion collects and maintains about you. This site gives you the following options for changing, modifying or removing information previously provided: (i) email: privacy@audiofusionsystems.com; or (ii) visit https://audiofusionsystems.com.

The Audiofusion site provides users the opportunity to opt-out of receiving communications from Audiofusion, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to privacy@audiofusionsystems.com; or (ii) send postal mail to: Audio Fusion Systems, Inc., 1401 Lavaca St, Ste 647, Austin, TX 78701.

Audio Fusion Systems, Inc. (the "Company," "we," or "us") complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.

Audio Fusion Systems, Inc. has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. If there is any conflict between the policies in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles will govern. This Privacy Statement outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information.

"Personal Data" means information that (1) is transferred from the EU/EEA or Switzerland to the United States; (2) is recorded in any form; (3) is about or pertains to a specific individual; and (4) can be linked to that individual.

"Sensitive Personal Information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

We may receive Personal Data from parties located in the EU/EEA or Switzerland. Such information may contain names, addresses, email addresses and may be about customers, employees of customers, business partners, consultants, employees, and candidates for employment. Whenever we collect Personal Data from individuals, we comply with the Principles:

• Notice. We shall inform an individual of the purpose for which we collect and use their Personal Data and the types of third parties to which our Company discloses or may disclose that Personal Data. Our Company shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to our Company, or as soon as practicable thereafter, and in any event before our Company uses or discloses the Personal Data for a purpose other than for which it was originally collected. Our Company may be required to disclose Personal Data in response to lawful request by public authorities, including to meet national security or law enforcement requirements.
• Choice.We will offer individuals the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, our Company will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a third party or for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Our Company shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information.

Agents, technology vendors and/or contractors of our Company may have access to an individual’s Personal Data on a need to know basis for the purpose of performing services on our behalf or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us or as otherwise required by law.

Accountability for Onward Transfer. Prior to disclosing Personal Data to a third party, we shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Our Company shall ensure that any third party to which Personal Data may be disclosed subscribes to the Principles or is subject to laws providing the same level of privacy protection as is required by the Principles and agrees in writing to provide an adequate level of privacy protection. Our Company may be held responsible in cases of onward transfers to third parties.

Data Security. We shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, our Company cannot guarantee the security of Personal Data on or transmitted via the Internet.

Data Integrity and Purpose Limitation. We shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, our Company shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.

Access and Recourse.We acknowledge the individual’s right to access their Personal Data. We shall allow an individual access to their Personal Data and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.

Enforcement and Liability.The Federal Trade Commission has jurisdiction over our Company’s compliance with the Privacy Shield Frameworks. In compliance with the Privacy Shield Principles, our Company commits to resolve complaints about our collection or use of your personal information. EU or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact our Company at:

Audio Fusion Systems, Inc.
1401 Lavaca St
Ste 647
Austin, TX 78701
E-mail: privacy@audiofusionsystems.com.

Audio Fusion Systems, Inc. has committed to refer unresolved privacy complaints under the Privacy Shield Principles to the EU Data Protection Authorities or the Swiss Federal Data Protection and Information Commissioner (FDPIC). Please note that if your complaint is not resolved through any of the above channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.