Privacy Policy

(a) Information You Provide to Us

The type of information you provide to us depends on the nature of your interaction with the Site and our Services.

FROM USERS OF OUR SERVICE:

You do not need to provide any information to merely visit the Site.

If you register for an account or seek to use our Services, we may then ask you to provide us with certain basic information, including:

i. First and Last Name,

ii. Email Address,

iii. Home Or Business Address,

iv. Telephone Number or Mobile Number,

v. Driver's License Number,

vi. Date of Birth,

vii. Payment information,

viii. Name of child,

ix. Child's music school,

x. Web analytics and other information that could reasonably be used to identify you personally or identify your household; and/or

xi. Demographic information, such as your country, state, or county of residence or business operation (“Demographic Information”).

In all instances, your decision to provide us with information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all of the Site's features or our Services.

FOR GENERAL VISITORS TO THE SITE

In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site ("Usage Information"). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Site. Usage Information may include:

• Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier.

• Your Device functionality (including browser, browser language, operating system, hardware, mobile network information).

• Referring and exit web pages and URLs;

• The areas within our Site that you visit and your activities there, including remembering you and your preferences;

• Your Device location or other geolocation information, including the zip code, state or country from which you accessed the Services;

• Your Device characteristics; and

• Certain other Device data, including the time of day you visit our Site.

(b)Information We Collect When You Interact with Third-Party Sites

The Services may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. These third parties may retain any information used or provided in any such communications or activities and these third parties' practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our Site.

Consent to Electronic Communications and Text Messages

By using the Services, you consent to receiving certain recurring electronic communications from us as further described in this Privacy Policy. You agree that any referrals, notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We may send text messages (including 'SMS' messages and messages through other messaging platforms) to you directly or via third-party providers in accordance with this section.

Except as otherwise set forth in this paragraph, by using the Services, you consent to receive text messages from us at any phone or mobile number that you provide to us. By providing any such phone or mobile number to us, you represent to us that you are authorized to provide the foregoing consent with respect to such number. You are not required to grant the foregoing consent in this paragraph as a condition of your use of the Services, and you can indicate that you do not intend to provide such consent by sending an email to that effect to legal@nemc.com prior to using the Services. Furthermore, you can revoke the foregoing consent in this paragraph, by contacting us at legal@nemc.com.

You may receive a text message from us in relation to use of the Website and Services. You can stop receiving text messages at any time by replying 'STOP' to the message or following the opt-out instructions as otherwise indicated in the text message. To the extent indicated in the text message, you may reply 'HELP' if you need assistance.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary and depends on your interaction with Foxes, the Website and the Services. You should contact your wireless provider with any questions. Please keep all information accurate and up-to-date. For all further questions about the electronic communications and text messages, please send an email to legal@nemc.com.

Cookies and other Tracking Technologies

We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Where required by applicable law, we will obtain your consent before using certain Tracking Technologies and will respect your choices regarding their use. Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):

• Cookies. A cookie is a file placed on a Device to uniquely identify your browser or to store information on your Device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage. We use cookies for purposes such as enabling core site functionality, remembering your preferences, helping us understand how you use the Site, and, in some cases, to personalize content and advertising in combination with other Tracking Technologies.

• Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site's pages and messages. We may use web beacons for tracking purposes.

• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.

ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.

• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

• To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality;

• To assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;

• To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and

• to deliver targeted advertising, including content relevant to your interests on our Site and third party sites based on how you interact with our content.

Users can opt-out of certain Google®-related tracking technology and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: https://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Google® is a registered trademark of Alphabet, Inc. ("Google"). Please be advised that we are not in any way affiliated with Google, nor are the Services endorsed, administered or sponsored by Google.

To learn more about how to opt out of the Google Marketing Platform's use of cookies, visit the opt-out page here: https://support.google.com/ads/answer/2662922?hl=en.

To learn more about how to opt out of Meta/Facebook Pixel, please see https://www.facebook.com/privacy/policies/cookies/?entry_point=cookie_policy_redirect&entry=0 (Facebook)

You can also learn more about cookies and your choices by reviewing any cookie notice or cookie policy that we may make available on the Site from time to time, and, where applicable, by using any cookie banner or consent-management tools provided on the Site to manage or withdraw your consent to non-essential cookies.

If you would like more information about behavioral advertising practices, go to the Digital Advertising Alliance's WebChoices tool at https://www.aboutads.info. To learn about your choices in connection with these practices on the particular device on which you are accessing this Privacy Policy, please visit https://www.networkadvertising.org/choices and https://www.aboutads.info/choices.

You may also click on the informational icon contained within each interest-based ad. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements, for example, ads based on the particular website you are viewing (e.g., contextually based ads). Also, if your browser (like some Safari browsers) is configured to reject opt-out cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective.

We may use your Personal Information for various purposes, including:

· Responding to requests for information,

· Providing, developing, customizing and improving your services,

· Fulfilling your requests for services,

· Enforcing agreements with users,

· Verifying your identity and for fraud prevention,

· Creating accounts,

· Evaluating your employment application,

· Providing you with updates and information about services we provide,

· Creating user preferences regarding emails and other correspondence,

· Sending you marketing information about Foxes and our affiliated entities,

· Sending you email and text communications such as electronic newsletters about our Services which may be of interest to you,

· Improving the effectiveness of our Site, our marketing endeavors, and our product and service offerings,

· Helping us address problems with and improve our Site and our products and services, including testing and creating new products, features, and services,

· Protecting the security and integrity of the Site, including understanding and resolving any technical and security issues reported on our Site,

· Resolving disputes,

· Engaging in analysis, research, and reports regarding the use of our Site and Services,

· For internal business purposes and our legitimate interests.

· Complying with the law and protecting the safety, rights, property or security of Foxes, the Services, and the general public, and

· For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

We may disclose your Personal Information in the following circumstances:

(a) To Third Parties Providing Services to Foxes. We may use third-party service providers to perform certain services on behalf of us or the Site or Services, such as: (i) creating and updating Site functionality; (ii) billing or processing credit cards, and/or electronic or manual payments; (iii) assisting us in Site operations; (iv) managing a database of customer and consumer information; (v) hosting the Site and improving performance of the Sites; (vi) designing and/or operating the Site's features; (vii) tracking the Site's activities and analytics, including marketing and market research; (viii) data enhancement (to learn more about our customers); (ix) providing customer support such as technical support , (x) enabling us and/or third parties to send you special offers or perform other administrative services, such as customer service, security, tech and operational support; and (xi) other services designed to assist us in maximizing our business potential.

Without limiting the foregoing, with your permission, we may share your Personal Information with those Third-Party Service Providers by whom you request to be contacted. These Third-Party Service Providers may use your Personal Information to offer you products and/or services, and for any other lawful purposes, subject to any restrictions contained herein. The information that you supply directly to any Third-Party Service Provider shall be governed by the applicable third-party service provider's privacy policy.

As of the date hereof: we use AWS to host our web site and store our data; we use Cloudflare for content delivery, DNS management, and firewall features; we use Live Chat for real time chats with customer service; and we use NMI for processing payment information. We may change our vendors from time to time.

We may provide these vendors with access to user information to carry out the services they are performing for you or for us. Those vendors may have additional or different privacy policies and/or privacy notices. You should be sure that you read and agree to those policies and Terms.

(b) To Protect the Rights of Foxes and Others. To the fullest extent permitted by applicable law, we may also disclose your information when required to by law or if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Foxes, its affiliates, third parties or the general public; or (ii) to respond to claims that any content violates the rights of a third party. This includes exchanging information with other companies and organizations for fraud prevention, spam/malware protection, and other similar purposes. To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest any requests for such disclosures, all without notice to you.

(c) Disclosure to Law Enforcement We reserve the right to release current or past personal information: (i) in the event that we believe that the Services are being or have been used to commit unlawful acts; or (ii) if the information is subpoenaed or requested pursuant to any court order or lawful request by public authorities, including to meet national security or law enforcement requirements; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena.

(d) In connection with aBusiness Transfer. We also reserve the right to disclose and transfer all information: (i) to a subsequent owner, co-owner or operator of the Site and/or our Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during any due diligence process; or (iii) if we are the subject of bankruptcy proceedings; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information..

(e) To Affiliates of Foxes. We may provide information to affiliates and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.

(f) On the Basis of Consent. Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Foxes account or participating in promotional activities by Foxes partners or third parties.

(g) Marketing. we also may share your information, including your Personal Information, with our affiliates and other third parties, such as companies with whom we have marketing or other relationships, for direct marketing purposes. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described in this Privacy Policy. In particular, we may link to a musical instrument vendors web site if they are running a promotion that would be of interest to our customers.

(h) For Internal Business Processes and Promotion. Where permissible under applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to Foxes, or otherwise promote our products and services.

One of our unique features allows you to access the Services via various social networking services like Facebook, and Instagram (“Social Networking Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social Networking Services account to the Services or log into the Services using your Social Networking Services account, we will collect relevant information necessary to enable the Service to access that Social Networking Service and your data contained within that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service, and we will use, store and disclose such information in accordance with this Privacy Policy.

We may aggregate, de-identify, and/or anonymize any information collected through the Site or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (non-Personal Information) for any purpose, including without limitation, for research and marketing purposes and may also share such data with our affiliates and third parties, including advertisers, promotional partners and others.

You may choose to restrict the collection or use of your Personal Information In the following ways:

• Whenever you are asked to fill in a form on our website or our other Services, consider what information to include and exclude.

• We may provide you with access to your registration information and the ability to edit this information in your account settings dashboard. Please be aware that even after you delete or update information within our Services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Similarly, if and to the extent any information is indexable by search engines (including, without limitation, public profile information), it may not be updated by such search engines when we update it, and old versions may be archived by them or by third parties outside our control.

• Some of our Services may provide you with additional information and choices about your privacy, which you should review.

• If you have previously agreed to our using your Personal Information for direct marketing purposes, you may change your mind at any time by writing to us using the contact information below.

We will try to comply with your request(s) as soon as reasonably practicable.

Administrative Correspondence. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.

We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as long as is required in order to contact you about our Services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements).

Protecting children's privacy is important to us. For that reason, our Site and Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information directly from children under the age of 13. However, in limited circumstances we may collect information about children (for example, students) when their parent or legal guardian, or another adult acting on their behalf, provides it to us for a particular purpose. We do not solicit Personal Information directly from children.

If you believe we have information regarding a child under the age of 16 that you have not authorized, you may contact us at the contact information at the end of this Privacy Policy to request that we delete it.

If you are visiting the Site from a location outside of the U.S., your connection will be through and to servers located in the U.S. Information you receive from the Site will be created on servers located in the U.S., and information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States as set forth in this Privacy Policy.

We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us using the contact information in the Contact Us section below.

If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason.

In addition, please note that if you implement a deletion request but later sign up for information or Services, your most recent request will control our information relationship with you.

For your convenience, the Site(s) and this Privacy Policy may contain links to other websites. Foxes is not responsible for the privacy practices including their use of AI, advertising, products, services, or the content of such other websites. None of the links on the Site(s) should be deemed to imply that Foxes endorses or has any affiliation with the links.

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.

Under California law, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the Shine the Light law, California residents may have certain additional rights regarding their Personal Information. These may include the right to request information about our collection, use, disclosure, 'sale' or 'sharing' of your Personal Information, to request access to and deletion or correction of certain Personal Information we maintain about you, and to opt out of certain processing of your Personal Information for purposes of targeted advertising or 'sale'/'sharing', subject to applicable exceptions. California residents may also request certain information regarding Foxes's disclosures in the prior calendar year, if any, of their Personal Information to third parties for those third parties' own direct marketing purposes. If you are a California resident, you can make such a request or exercise these rights by contacting us or by using any self-service tools we may make available on the Site. You must clearly state the nature of your California privacy request and provide sufficient information for us to process your request, including at a minimum your name, email address, and California postal address. We will respond to your request within the timeframe required by California law.

If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your covered information (as defined in Nevada Revised Statutes 603A.320) during your visit to our websites or when you otherwise interact with us online. If you have sought or acquired, by purchase or lease, any goods or services for personal, family, or household purposes from the Foxes Site, you may ask us to disclose whether we have sold (for monetary consideration) certain covered information about you (including your first and last name, physical address, email address, telephone number, an identifier that allows you to be contacted either physically or online, or other contact information that allows us to identify you personally).

As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry, please submit a request by contacting us. You must include your full name, email address, and attest that you are a Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting information and/or opting out.

We will process your request within 60 days, or we will let you know if we need additional time. We may require additional information to verify your identity before we can respond.

Where required by applicable law, we recognize and honor Global Privacy Control (“GPC”) signals from U.S.-based users by treating them as an "opt out of the sale or sharing of personal information" or as an "opt out of targeted advertising and the sale of personal data" request (for non-California U.S. residents). At this time, we do not otherwise respond to GPC signals.

Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally-agreed upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

Because Foxes works with global companies and technologies, we may transfer your Personal Information outside of the country in which it was originally provided. This may include transfers to third parties, such as developers, service providers or affiliated entities who are located outside the United States, where data protection laws may not offer the same level of protection as those in the U.S. When we transfer personal data outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your Personal Information.

If you have questions or concerns with respect to our Privacy Policy, you may contact us using the contact information in the Contact Us section below. We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Site indicating that the terms have changed. Changes will be effective on the date posted. If you are concerned about how your Personal Information is used, please visit our Site often for this and other important announcements and updates.

If you have any questions or concerns about this Privacy Policy and/or if you want to exercise any of the rights that you are given under this Privacy Policy, please email us at legal@nemc.com or contact us by mail at: National Educational Music Co., Ltd., 1110 Centennial Ave, STE2, Piscataway, NJ 08854, Attention: Legal Department.

Residents of certain states in the United States, including without limitation California, Colorado, Connecticut, Utah, Virginia, and others as their laws become effective, may have additional rights with respect to their Personal Information. This Supplemental Policy is intended to describe those rights and how to exercise them, to the extent such laws apply to Foxes.

This Supplemental Policy describes Foxes's practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests.

This Notice does not apply to personal information that we process as a service provider on behalf of our customers.

Your Rights to Your Personal Information

Generally, the rights available to residents of certain U.S. states under applicable privacy laws can be categorized as follows:

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Data portability.

• Opt-out of personal data processing for targeted advertising and sales

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.

• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects

Processing of Sensitive Information: We must obtain your express consent prior to collecting and processing certain categories of sensitive personal data such as precise geolocation data, data about protected characteristics and genetic or biometric data.

Non-Discrimination: Foxes will not discriminate against customers who exercise their rights under state privacy laws.

Personal Information of Minors

Our Site and Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information directly from children under the age of 13. However, in limited circumstances we may collect information about children (for example, students) when their parent or legal guardian, or another adult acting on their behalf, provides it for a particular purpose. We do not solicit Personal Information directly from children.

Financial Incentives for Consumers

We do not have any programs which provide financial incentives for consumers.

Exercising Access, Data Portability, and Deletion Rights

To exercise any of these rights, you can submit your request by contacting us. We will respond to your privacy requests within 30 days' and notify you of the action(s) we have taken or required steps to fulfill the request.

Only you or a person registered with the appropriate state authority that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.