PRIVACY POLICY

Effective Date: February 17, 2024

Same Day Music respects the privacy of our website visitors and customers. We believe it is important that you understand the kinds of data we collect about you, how we protect that data, and how it is used. We recognize the need for appropriate safeguards and management of Personal Information you provide to us. This Privacy Policy (“Policy”) sets forth the privacy principles Same Day Music follows with respect to your Personal Information we collect from or about you, either online through this website, or any of the products, services, interactive features, forms, social media pages offered, owned, or operated by Same Day Music, or its affiliates, or your interaction with Same Day Music service providers, contractors or employees (collectively “Services”), whether accessed online via computer, tablet, mobile device or any other technology or device now known or hereafter developed, or offline, and how your Personal Information will be used. The Services are intended for use by individuals residing and located in the United States.

When we reference “Personal Information” in this Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with you, directly or indirectly. Personal Information does not include information that cannot be reasonably linked to you.

This Policy covers all Personal Information (information that relates to or that can be used to identify you) by Same Day Music at its website https://shop.samedaymusic.com/ (the “Site”). This Policy does not describe information collection policies and practices of websites and platforms that we do not provide, own, or control, including those linked to or integrated with our Site. It also does not cover information you may choose to share with other users of the Site. We encourage you to review this Policy periodically. Your use of the Site constitutes your consent to the terms contained herein. We will periodically update this Policy, and any changes will be reflected here. We will notify existing customers of any material changes by email or via your account.

If you have any questions about this Policy or how we use your Personal Information, please feel free to contact us at emailprivacy@samedaymusic.com.

 

Contents

 

What Personal Information Do We Collect?

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When using the Same Day Music Site, we may collect information you voluntarily share with us, including any content, record, or electronic communication of any kind, including without limitation:

  • contact information, including identifiers such as name, full shipping address, country of residence, phone number, username, password, and email address.
  • financial information related to payment or requested credit account, including name, email address, billing address, credit card information, banking information, telephone number, Social Security number (for example to establish a credit account and track available credit) and other information necessary to complete a transaction or purchase.
  • commercial information, such as a record of products or services purchased, and the date and time the transaction occurred.
  • information you submit or choose to provide when you send us a message through the “Contact Us” page, any chatbot, customer service representative, or similar features on the Site and other information that you choose to provide during your interaction(s) with us.
  • inferences, such as product and service preferences including your preference in receiving marketing information received from our third parties, product feedback, and survey responses.
  • internet information, such as IP address, GPS, login data, browser, time zone, geographical location and any other unique identifier (a set of numbers or characters assigned to your computer, mobile phone or other device used when you are on the internet) tied to your device when visiting our Site, and information about how you use and interact with our Site.

The period for which we retain your personal information varies, depending on the type of personal information and the purpose for which it was collected. For example, we retain your order information for as long as you are a customer to ensure that you have access to your order history. The retention duration is limited to time necessary to fulfill the purposes for which the information was collected, in light of any restrictions or deletions you might request, as well as our need to address our legal obligations for rights. Please see Your California Privacy Rights below for more information.

 

How Do We Collect Your Personal Information?

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When You Interact with Us

We may collect your Personal Information when you interact with the Site, including but not limited to when you:

  • make a purchase on the site.
  • subscribe to emails / newsletters.
  • request services or seek support.
  • participate in promotions and surveys.
  • give feedback about products, services, or website.

 

Cookies, Web Beacons, and Other Technologies
  • automated technologies or interactions
  • cookies, pixel tags, embedded scripts, LSOS, Priority Code

Cookies are stored on your computer’s hard drive and identify your web browser and the activities of your computer on the Site and other websites. Most browsers accept cookies automatically, but you may disable them. Cookies help us facilitate efficient Site navigation, improve your experience on the Site, facilitate your shopping session, allow us to take note of visits to the Site and show relevant ads on our Site and across the Internet.

Action tags, also known as web beacons or single pixel GIFs, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you. Any portion of the Site, including advertisements or emails sent on our behalf, may contain action tags. Action tags can be used to count Site users, to deliver services, or to determine whether email messages have been opened or acted upon. Action tags may be used to conduct research on behalf of certain clients, to compile statistics for advertising purposes, for auditing purposes, or to report certain aggregate information.

By using these identifiers together, we are able to gather information to improve the Site and measure the effectiveness of our advertising and marketing campaigns. Embedded URLs perform many of the same functions as cookies and we may utilize them as a tracking tool to collect Non-Personal Information. Embedded URLs are exhibited as plain text or encoded extensions to the URL that appear in the browser address or location toolbar. They provide limited Non-Personal Information about navigation on the Site during the current session.

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser and from version to version. You can obtain information about blocking and deleting cookies from your browser’s settings. You may also manage preferences regarding cookies by visiting https://allaboutcookies.org/manage-cookies/.

 

From Third Parties

We may collect information from our third-party providers, including but not limited to:

  • analytics providers
  • advertising networks
  • identity verification services
  • credit reporting agencies (as applicable)
  • payment & delivery services

 

How Does Same Day Music Use the Personal Information We Collect?

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We may use your Personal Information:

To provide the Site to you, including:
  • to determine whether our services are available in your country;
  • to determine your preferred language;
  • to process your registration and account creation with the websites, including verifying your contact information is active and valid;
  • to identify you as a user in our system;
  • to process transactions you initiate, process payments and provide accurate billing and shipping; and
  • to improve our website, product, and service offerings, and develop new products and services.
To communicate with you, including:
  • to provide you with information, products or services that you have requested or agreed to receive;
  • to send you administrative e-mail, such as order confirmations, order status updates, security, or support and maintenance advisories;
  • to bill you for products or services;
  • to notify you about changes to our service;
  • to contact you with regard to your use of the Site and, in our discretion, changes to the Site’s policies or functionality; and
  • to send you informational and transactional text messages that you have requested or agreed to receive.
To personalize your experience on the Site, including:
  • to customize our Site and its contents to your interests and your device;
  • to customize and tailor your experience on the Site, for example, by displaying content that we think you might be interested in; and
  • to improve the quality of experience when you interact with our Site for internal business purposes.
To comply with our legal obligations and protect our other users, including:
  • for compliance, fraud prevention and safety, including enforcing our terms of service and this Privacy Policy, protecting our rights privacy, safety, or property and/or that of you or others, and protecting against, investigating or deterring fraudulent, harmful, unauthorized, unethical or illegal activity;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • to perform other functions as described at the time of collection, with your consent, or as further described in this Privacy Policy.

 

Your Choices

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Opt-Out or Unsubscribe to Marketing Messages

We do not send any direct marketing emails unless you opt-in. You may choose to opt-in to receive direct marketing emails on the Site. In the future, if you do not wish to have your e-mail address or other contact information used for promotional purposes, you should visit the Same Day Music Do Not Sell or Share My Data page.

Please note that we reserve the right to send you certain communications relating to your account (for example, administrative and service announcements, shipping notices, and order confirmations) and these transactional account messages may be unaffected if you opt-out from marketing communications from Same Day Music.

Choose Not to Share Personal Information

You may choose not to provide us with any Personal Information. In such an event, you may still be able to access and use some portion of the Site; however, you may not be able to access and use those portions that require your Personal Information.

Where we need to collect Personal Information by law, or under the terms of a contract we have with you or are trying to enter with each other and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

 

Children’s Information

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This Site is not directed to children under the age of 18. We do not knowingly collect any personal information from children under the age of 18. If we learn that a child under the age of 18 has provided us with personal information, or that such personal information has otherwise been inadvertently collected, we will delete it in accordance with applicable law.

 

Who Do We Share Your Information with?

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Service Providers and Contractors. As part of Same Day Music’s operation of its Site, we may contract with third-party providers to perform certain functions, including fulfilling orders, processing payments, and customer service. These third parties may have access to Personal Information to the extent necessary to permit them to assist Same Day Music in performing the functions set forth above. Any such third party that processes your information for these purposes shall agree to do so in accordance with our instructions and in accord with this Policy.

Merger, Sale, or Other Transaction. We may disclose information about you to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion our assets. The successor organization’s use and disclosure of your personally-identifiable information will continue to be subject to this policy unless (i) a court orders otherwise, for example a bankruptcy court; or (ii) the successor organization gives you notice that your Personal Information will be subject to the successor organization’s own policy, along with an opportunity for you to opt out (which may cause you not to be able to continue to use our Services). If you submit Personal Information after such a transfer, that information may be subject to the successor entity’s policy.

 

Third-Party Sites

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Third-Party Sites may contain links to other sites. Please be aware that Same Day Music is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website. This Privacy Policy applies solely to information collected by Same Day Music’s Site.

 

Categories of Information We Collect

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We have collected the following categories of information in the past 12 months:

  1. Category of Personal Information: Contact information (including identifiers such as name, full shipping address, country of residence, phone number, username, password, and email address).
    • Sources of This Personal Information: You and identity verification services.
    • How We Use This Personal Information: To fulfill your orders, process your account registration, and communicate with you.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.
  2. Category of Personal Information: Financial information (including billing address, credit card information, banking information, telephone number and other information necessary to complete a transaction or purchase).
    • Sources of This Personal Information: You and credit reporting agencies.
    • How We Use This Personal Information: To process your payments.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.
  3. Category of Personal Information: Commercial information (including record of products or services purchased, and the date and time the transaction occurred).
    • Sources of This Personal Information: You and our payment and delivery services.
    • How We Use This Personal Information: To process our orders and comply with our legal obligations.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.
  4. Category of Personal Information: Inferences (including marketing, product, and service preferences).
    • Sources of This Personal Information: You, analytics providers, and advertising networks.
    • How We Use This Personal Information: To personalize the site for you.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.
  5. Category of Personal Information: Internet information (including IP address, GPS, login data, browser, time zone, geographical location, and any other unique identifier used to identify you or your device).
    • Sources of This Personal Information: Cookies and other technology, and analytics providers.
    • How We Use This Personal Information: To personalize the site for you.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.
  6. Category of Personal Information: Social Security number.
    • Sources of This Personal Information: You
    • How We Use This Personal Information: To establish a credit account and track available credit.
    • Categories of Third Parties We Share This Information with: Service providers and contractors.

 

SMS Messaging

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If you enroll in our SMS Messaging Program, we use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.

For additional information about SMS Messaging, please refer to the Same Day Music Terms and Conditions.

Collection of Information

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

  • Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
  • Legal Requirement and Protection of Attentive and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

Retention of Information

We retain your text message information and mobile number for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations, including data retention laws. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.

Choices and Controls

Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

Customer Care

If you are experiencing any problems with the Messaging Service, please contact us by phone at +1 833-508-3301; by email at emailprivacy@samedaymusic.com; or by mail to the following address: 8 Thornton Road, Oakland, NJ 07436, Attn: Privacy Office.

 

Security

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To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we utilize industry standard physical, technical, and administrative controls and procedures to safeguard the information we collect. However, you should recognize there is always some risk involved in the transmission of information over the internet or in a method of electronic storage.

 

Consent to Transfer

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The Same Day Music Site is operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using our Site, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

 

U.S. State Privacy Rights

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Disclosure of Personal Information

We disclose personal information to our service providers and contractors, as described in this Privacy Policy.

Same Day Music does not and will not sell the Personal Information of consumers. In the preceding twelve (12) months, Same Day Music has not sold Personal Information.

Your Rights and Choices

This United States (U.S.) Privacy Notice (“Notice”) is for people living in the United States and supplements our Same Day Music Privacy Policy, which explains how we collect, use, and disclose your Personal Information.

This Notice describes your privacy rights and how to exercise your rights under the Colorado Privacy Act, the Connecticut Act Concerning Personal Information Privacy and Online Monitoring, the Utah Consumer Privacy Act, the Virginia Consumer Data Protection Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, and the Montana Consumer Data Privacy Act. We call those laws collectively the “U.S. Privacy Laws.” For California Privacy Rights, please refer to the California Notice at Collection.

If you are a resident of a state that has laws that govern our processing of your Personal Information, you may have certain rights, as provided under the state law applicable to you, subject to certain exemptions, which may include the:

  • Right to Know (All Listed States): The right to request that we disclose to you the Personal Information that we collected or disclosed about you including:

    • The categories and specific pieces of Personal Information we have collected about you;
    • The categories of the sources of the Personal Information;
    • The purposes for which your Personal Information is collected and used;
    • The categories of Personal Information that the business disclosed for a business purpose, and for each category identified, the categories of third parties to whom that particular category of Personal Information was disclosed; and
    • The categories of Personal Information that the business sold or shared, and for each category identified, the categories of third parties to whom that particular category of Personal Information was sold or shared.

  • Right to Access/Data Portability (All Listed States): The right to request and receive, up to twice every 12 months, a portable copy of the Personal Information that we have collected about you in the last 12 months.

  • Right to Correct (All Listed States Except Utah): The right to request that we correct inaccuracies in your Personal Information that we maintain about you.

  • Right to Request Deletion (All Listed States): The right to request that we delete or erase Personal Information we have collected about you, subject to certain exemptions.

  • Right to Limit the Use and Disclosure of Sensitive Personal Information (CA): The right to direct us to limit our use of your sensitive Personal Information to that use which is necessary to perform the services or provide the goods as reasonably expected by someone who requests those goods or services and for business purposes allowed by law.

  • Right to Opt-In for Sensitive Data Processing (CO, CT, MT, OR, TX and VA): The right to opt-in for the use of sensitive Personal Information, which may include race, ethnicity, precise geolocation data, minor information and certain health data.

  • Right to Opt-Out (All Listed States – except UT residents, who do not have the right to opt out of automated decision making): The right to opt-out of or object to having your Personal Information sold to, or shared with, third parties for the purposes of targeted advertising or to process your Personal Information for profiling or automated decision making in furtherance of decisions that produce legal or similarly significant effects on you.

  • Right to Non-Discrimination (All Listed States): The right to not be discriminated against by us for exercising any of these rights.

  • Right to Appeal (All Listed States): The right to submit an appeal if your request is denied.

Additional Privacy Rights

California. California residents may have additional personal information rights. Please see Your California Privacy Rights below for more information.

Nevada. Nevada residents have certain privacy rights as specified under Nevada law. Our Privacy Policy and the privacy controls we offer to all users are in line with these laws—this notice assures we cover the Nevada-specific requirements.

Do Not Sell Notice: We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Policy, please contact us using the contact information below.

Your California Privacy Rights

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Notice at Collection

Effective Date: January 1, 2020

Amendment Effective Date: January 1, 2023

This Privacy Notice for California Residents supplements and is expressly made part of the information contained in the Same Day Music Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). Any terms defined in the CCPA or CPRA have the same meaning when used in this Notice.

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA, as amended by the CPRA, rights and explains how to exercise those rights.

Right to Access Your Information

You have the right to request that Same Day Music disclose what Personal Information we have collected used or disclosed over the past 12 months.

Right to Request Deletion

You have the right to request that Same Day Music delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Consumer Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Right to Opt-Out

You have the right to opt-out of:

  • Both the sale and sharing of Personal Information for cross-context behavioral advertising;
  • Automated decision-making/profiling technology in connection with decisions with significant or legal effects; and
  • The processing of sensitive Personal Information.

Right to Access Information About Automated Decision Making

You have the right to request that Same Day Music provide information about the logic involved in automated decision-making and a description of the likely outcome of the process.

Right to Correct Information

You have the right to request that Same Day Music correct your Personal Information if it is inaccurate.

Right to Limit Sensitive Personal Information

You have the right to limit Same Day Music’s use and disclosure of sensitive Personal Information to information that is necessary to perform the services or provide the goods reasonable expected by an average consumer who requests such goods and services.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA, as amended by the CPRA, rights.

Other California Privacy Rights

California’s "Shine the Light" law (Civil Code § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

Exercising Your Rights

You or your authorized agent may submit a request to exercise your rights by going to this web form or calling us at 1-833-508-3301. For your security and to ensure unauthorized third parties do not access your Personal Information, we will require you to verify your identity before we can act on your request. If you are a current customer or still have access to your Same Day Music account, you will be required to authenticate through your Same Day Music account. If you do not have an account with us, you will be required to provide an email address and mobile phone number to start the verification process. You may also be required to provide a qualified government-issued photo identification. If you are asking for access on behalf of someone else, we will require verification of your identity, as well as proof of authorization by the individual whose Personal Information you wish to access.

Authorized Agents

If you are a resident of a state that has laws that govern our processing of your Personal Information and would like to designate an authorized agent to submit certain requests on your behalf, or if you are an authorized agent of an individual with the right to submit certain requests via an authorized agent and would like to submit a request on behalf of that individual, please send an email to the following email address: emailprivacy@samedaymusic.com.

If you are the resident, in order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such request. We may also follow up with you to verify your identity before processing the authorized agent’s request. If you are the authorized agent, after you submit the request, and if the request is not subject to an exemption or exception, we will require additional information to verify the identity of the resident, as well as your authority to act on behalf of the resident.

Appeals

If we did not take action on your request, and if you are a resident of a state that offers a right to an appeal, you may have the right to appeal our decision. To submit an appeal, use the Request to Appeal option on this web form. Please note that an appeal must be submitted within 60 days of your receipt of the notice to take action.

Right to Modify this Privacy Policy

We reserve the right to modify this Privacy Policy at any time at our sole discretion. If we modify the Privacy Policy, we will post the revised Policy here, with an updated revision date. Changes will be effective immediately (except for material changes) upon the posting of the revised Privacy Policy on the Site. In the event we make material changes to this Privacy Policy, we will notify you through the Services prior to the changes taking effect. Please note that if you do not agree to the modified Privacy Policy, you may not use the Services. Your continued use of the Services following the posting of the changes or any applicable notice period will mean that you accept those changes.

Contact Us

If you have any questions or comments about this Policy, the practices or use of the Site, please feel free to contact us by phone at +1 833-508-3301; by email at emailprivacy@samedaymusic.com; or by mail to the following address: 8 Thornton Road, Oakland, NJ 07436, Attn: Privacy Office.

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