Rutz Music Works

Privacy Policy

This Privacy Policy applies to your use of the website www.RutzMusicWorks.com operated by Rutz Music Works, LLC, an Illinois Limited Liability Company (hereinafter “Rutz”). This Privacy Policy applies to Rutz’s use of any and all Data collected by Rutz or provided by you in relation to your use of the Website. This policy describes the types of information we may collect from you or that you may provide when you visit the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Definitions. The following definitions shall apply to all capitalized uses of the terms defined, and to any other use where the definitions provided would reasonably apply.
1. Cookies. Small data files placed on your computer or other device by the Website when you visit certain parts of the Website and/or when you use certain features of the Website. (See Section 5.2 below.)
2. Data. All information that a User submits to Rutz via the Website. This definition includes, where applicable, the definition of "Data" provided in any applicable Data Protection Law.
3. Data Protection Law. Any applicable law relating to the collection, processing, retention, or distribution of personal Data, including but not limited to state laws, federal laws of the United States, and the EU General Data Protection Regulation (GDPR) if a court of competent jurisdiction finds that the laws of that jurisdiction apply to any Data submitted subject to this Privacy Policy.
4. Rutz. Rutz Music Works, LLC, an Illinois limited liability company.
5. User. Any person who accesses the Website, either on that person’s own behalf or on behalf of another person or entity, and is not an agent or employee of Rutz.
6. Website. The website where this Privacy Policy is posted, www.RutzMusicWorks.com and any sub-domains thereof that do not have their own explicit terms of service or privacy policy.

Scope. This Privacy Policy applies only to the actions of Rutz and Users with respect to the Website. It does not extend to any other websites that can be accessed from the Website including, inter alia, any links that Rutz may provide to social media websites, regulatory websites, websites that may offer Rutz’s music for sale or otherwise available to hear or download, or the websites of other service providers. For purposes of applicable Data Protection Laws which use this term, Rutz is the “data controller.” This means that Rutz determines the purposes for which, and the manner in which, your Data is processed.

Data Collected. Rutz may collect the following Data, which may include personal Data, from Users or third parties:
1. Name
2. E-mail address
3. Phone number
4. Geolocation information.
5. Device hardware specs
6. Device operating system
7. Such other relevant data as Rutz, at its sole discretion, believes relevant and/or useful in providing its goods and services to the marketplace.
8. Any Data that a User voluntarily provides.
9. Credit card information, when a User makes a purchase or otherwise sends payment.

Data Collection. Rutz may collect Data in the following ways:
1. By Users. Data may be given to Rutz by Users themselves; for example:
  1. 4.1.1.When a User contacts Rutz through the Website, by telephone, postal mail, e-mail or through any other means.
  2. 4.1.2.When a User elects to receive newsletter or other communications from Rutz.
  3. 4.1.3.When a User uses any other service provided by Rutz.
1. Third Parties. Data may be received from other sources including third parties and publicly available sources, such as marketing information service providers.
2. Automatically. Data may be collected automatically from Users of the Website during their use of the Website. (See Section 5 below.)

Data Collected Automatically. To the extent that Users voluntarily access the Website, Rutz may collect User Data automatically. For example
1. Visitor Data. Rutz automatically collects some information about User visits to the Website. This information helps Rutz to make improvements to the Website, and may include IP addresses, the dates and times at which Users access the Website, the frequency with which Users visit the Website, and the way in which Users use and interact with the Website's content.
2. Cookies. Rutz may collect User Data automatically via Cookies, in line with the cookie settings on the User's browser. The Website may store and retrieve certain Cookies on User devices used to access the Website. Rutz uses Cookies to improve User experience and to find better methods of offering and providing its services. Rutz will take reasonable steps to ensure that User privacy is protected and respected at all times in association with the use of Cookies. All Cookies used by the Website shall be processed in accordance with applicable law to the extent such law is reasonably known to Rutz. Before the Website places Cookies on a User's device, the User will be presented with a message requesting consent to place those Cookies. Users may deny consent to the placing of Cookies but this may affect the usability of the Website. The Website may place the following types of Cookies:
  1. 5.2.1.Required. Cookies required for the operation of the Website.
  2. 5.2.2.Performance Tracking. Cookies that allow the Website to recognize and count the number of visitors and to see how visitors move around the Website when they are using it.
  3. 5.2.3.User Functionality. Cookies used to identify and track the preferences of specific Users upon return visits to the Website

Users can choose to enable or disable Cookies in the software they use to access the Website. Users should be aware that, by default, most such software accepts Cookies. Users are directed to the help function of their access software for more information. Users can delete Cookies at their discretion. This may affect Website functionality including loss of Data previously provided.

Use of Data. Any or all of the aforementioned Data may be required by Rutz from time to time in order to provide Users with the best possible service and experience when using the Website. Specifically, Data may be used by Rutz for the following reasons:
1. Internal record keeping.
2. Improvement of Rutz's products and services.
3. Cyber-security.
4. Transmission by e-mail or other means of materials (including, e.g., marketing materials) that may be of interest to Users.
5. To enable the Website to display advertisements to an advertiser’s target audience.
6. Customer support purposes.
7. To fulfill other purposes for which a User provides Data to Rutz.
8. To provide a User with notices about that User’s account or about the Website.
9. For any other purpose with a User’s consent.

Sharing Data. Rutz may share User Data with the following persons for the following reasons:
1. Agents. Rutz's employees, professional advisors, and other agents, in order to provide benefit from Rutz's services to Users.
2. Law Enforcement. Regulatory and law enforcement authorities, in order to facilitate the detection of unlawful activity or regulatory non-compliance.
3. Ads. To third-party advertisers, so that they can market their products and services.
4. As Needed. Such other persons or entities as are necessary, in the reasonable judgment of Rutz, in order to provide the benefit of Rutz's services to any given User for minimum cost, upon reasonable notice to such Users.
5. Consent. To any third party, with a User’s consent.

Rutz may use User Data for the above reasons if Rutz deems it necessary or desirable to do so for a legitimate purpose. If a User is not satisfied with this, then the User has the right to object in certain circumstances. (See Section 11 below.)

Marketing. For the delivery of direct marketing to Users via e-mail or other reasonable means, Rutz will obtain User consent, either via direct consent (“opt-in”) or implied consent (“soft opt-in”). A soft opt-in is a specific type of consent which applies when Users have previously interacted with Rutz (for example, if a User contacts Rutz to ask for details about an upcoming performance). Under "soft opt-in" consent, Rutz will take User consent as given unless specifically refused or withdrawn. For other types of marketing, Rutz will obtain explicit consent by, for example, requiring that a User affirmatively click a box or button with an explicit title, such as “Subscribe.” Users have the right to withdraw consent for marketing contacts at any time.

Data Retention. Unless a longer retention period is required or permitted by law, Rutz will only retain User Data as long as reasonably necessary to provide Rutz’s products and services to a given User subject to this Privacy Policy or until a given User request that User Data be deleted. Users are advised, and agree to accept, that even if Rutz deletes any given piece of User Data, that piece of User Data may persist on backup or archival media for legal, tax or regulatory purposes.
Data Security. Rutz will use commercially reasonable methods in order to protect User Data. Nevertheless, if a User suspects any misuse or loss of, or unauthorized access to, User Data, then immediately contact Rutz at Markus@RutzMusicWorks.com.

Declining or Withdrawing. Users may decline to provide Data, or, after agreeing, may subsequently withdraw permission for Rutz to collect Data. However, by declining or withdrawing, certain functionality may decline in quality or become unavailable.

User Rights. Users have the following rights in relation to User Data:
1. 12.1.Right to Access. The right to request copies of the information Rutz holds about that User at any time, or to request that Rutz modify, update, or delete such information. Rutz will not charge a User for access to the data Rutz has about that User, unless the request is unreasonable or duplicative. Rutz may, in its discretion, refuse such a request where the law allows. If Rutz refuses such a request, the User may further request an explanation for the refusal.
2. 12.2.Right to Correct. The right to have a User's Data corrected if it is inaccurate or incomplete.
3. 12.3.Right to Erase. The right to request that Rutz delete or remove that User's Data from Rutz's systems.
4. 12.4.Right to Restrict Use of User Data. The right to "block" Rutz from using User Data, or to limit the ways in which Rutz can use it. However, certain limitations may cause functionality to decline in quality or become unavailable.
5. 12.5.Right to Data Portability. The right to request that Rutz move, copy, or transfer a User's Data.
6. 12.6.Right to Object. The right to object to Rutz's use of a User's Data, including where Rutz uses it for otherwise legitimate reasons.

To ask questions regarding a User’s Data, to exercise any of the User Rights set out above, or to withdraw a User's consent to the processing of User Data (where consent is Rutz's basis for processing that User’s Data), that User should contact Rutz at Markus@RutzMusicWorks.com.

Accuracy. It is important that Data held by Rutz about Users is accurate and current. Rutz requests that Users inform Rutz if that Data changes while it is being stored by Rutz.

Minors. The Website is intended only for those who are 18 years old or older. Rutz does not knowingly collect Data from anyone under the age of 13. Normally, Rutz has no way to know the age of any particular User. However, if Rutz learns that it has collected Data from someone under the age of 13 without parental consent, then Rutz will take steps to delete those Data. Parents can learn more about how Rutz handles data by contacting Markus@RutzMusicWorks.com.
Transfers Outside the European Economic Area. Users located in or subject to the jurisdiction of the European Economic Area (EEA) are advised that Data collected by Rutz may be stored and processed in and transferred to countries outside of the EEA. Please note that Rutz’s principal place of business is located within in the United States of America. Therefore, for the avoidance of doubt, Users should assume that User Data will be stored in, processed in, and transferred to countries outside of the EEA. Users who do not or cannot accept this should not use the Website.
External Websites. Rutz, whether on the Website or in other forms of communication, may provide links to other websites. Rutz has no control over such websites and is not responsible for the content of these websites or their actions with regard to Data provided to them by Users or by third parties. This Privacy Policy does not extend to the use of such websites. Please read the privacy policies of other websites prior to using them.

Changes of Ownership and Control. Rutz may expand or reduce its business, and this may involve the sale or other transfer of control of all or part of Rutz. Data provided by Users will, where it is relevant to part of Rutz's business being transferred, be transferred along with that part, and the recipient shall be permitted to use the Data for the purposes for which it was originally supplied to Rutz. Rutz may also disclose User Data to a prospective purchaser of its business or any part thereof, so long as Rutz uses reasonable diligence regarding such purchasers and provides reasonable safeguards for the protection of such Data.

Choice of Law. This Privacy Policy shall be governed by, and construed according to, the laws of the United States and the State of Illinois, without regard to conflicts of laws principles. All actions hereunder may be brought only in a U.S. state or federal court having jurisdiction in Cook County, Illinois, and the User hereby consents to venue in these fora.
Transfer of Rights. Users may not transfer any of their rights under this Privacy Policy to any other person, although those rights shall attach where reasonable to legal entities and their agents when those agents use the Website in the course of their duties. Rutz may transfer its rights under this Privacy Policy where Rutz reasonably believes that User rights will not be materially affected.

Severability. If a court of competent jurisdiction ultimately determines that any portion of this Privacy Policy is unenforceable, then that provision shall be rewritten, interpreted, or otherwise modified to include as much of its nature and scope as will render it enforceable. If that provision cannot be so modified as to be enforceable in any respect, then it shall be severed from this Privacy Policy, and the remainder of the Privacy Policy shall be enforced as if the offending provision were not included.

Changes and Revisions. Rutz reserves the right to revise this Privacy Policy as Rutz, at its sole discretion, may deem necessary or advisable from time to time. Any revisions will be posted on the Website and will apply to any given User upon that User’s first accessing the Website after such revisions are posted. Users may contact Rutz by e-mail at Markus@RutzMusicWorks.com to ensure that they have the latest version of this Privacy Policy.

This policy is effective as of 20 December 2023.