Kinetic Audio Innovations, a California corporation, d/b/a “Lyrekos” (“Kinetic Audio”, “we,” “us,” or “our”) is committed to protecting your privacy and personal information. This Policy explains how we collect, use, disclose, and safeguard your information when you use our website at www.lyrekos.com and our synchronized audio platform service (collectively, the “Service”). By using our Service, you agree to the collection and use of information in accordance with this Policy. If you do not agree with our policies and practices, please do not use our Service.
1. Introduction
1.1 General; Acceptance of Terms
Kinetic Audio values the privacy of our users and takes the privacy of your information very seriously. We want to earn your trust by being transparent about how the Site works. Please read this Policy carefully. By using the Site in any way, you (a) represent that you have read and understand this Policy, and (b) agree to be bound by this Policy.
1.2 Children's Online Privacy Protection Act
In addition to providing general information about the collection and use of your information, this Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of thirteen (13). Section 7 of this Policy provides more information about parental consent, ongoing parental rights, limitations on information collection from children, and third party operators. This policy is in accordance with the U.S. Children's Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding children's personal information. For more information about COPPA and general tips about protecting children's online privacy, please see: https://consumer.ftc.gov/articles/protecting-your-childs-privacy-online.
If you are a parent or guardian who is using the Site, this Policy explains how we process information we collect in relation to your child. If you are a child and need help understanding this document, you should ask a parent or guardian to read it and talk with you about it.
2. Information We Collect
2.1 Information You Provide to Us
Account Information:
For individual accounts: Your first and last name, the first and last name of your child (if applicable), your email address, the email address of your child (if applicable), and your username and password. For organization accounts: The organization name, your first and last name, your role, and your email address. Any other profile information you choose to provide.
Payment Information:
Billing address and payment method details (We do not store complete credit card numbers).
Communications:
Messages, feedback, and support requests you send to us. We may ask for your contact information if you contact us by email or using an online form for help.
User Content:
Audio, video, and other content you upload or transmit through the Service. We strongly encourage you to never provide personal information about yourself to a third party. We also recommend that parents and guardians carefully supervise their children when they participate in online activities.
2.2 Information Collected Automatically
Technical Information:
When visiting the Site, we may log your IP address, browser type, browser language, operating system, device information (including unique device identifiers), audio device information (such as microphone specifications, speaker specifications, and Bluetooth device latency measurements), Internet connection quality and network performance data, and geolocation data. If applicable, we will ask for consent from your parent or guardian before we collect geolocation information that is specific enough to equate to the collection of a street address.
Usage Information; Site Activity Information:
We may keep track of the actions you take on the Site and utilizing the Service, such as details of your visits to the Site, the resources you access, any data viewed, uploaded, or downloaded, pages visited, features used, and time spent on the Service. We may also keep track of session data, including duration, participants, and performance metrics, click-stream data, and navigation patterns.
Cookies and Tracking Technologies:
We may log information using cookies, web beacons, and similar technologies (see Section 6.7 for details), Google Analytics data (anonymized analytics and usage patterns), and Google Ads data (advertising performance and conversions).
2.3 Information from Third Parties
We may receive information about you from third-party services you connect to our Service, such as authentication providers, payment processors, and video infrastructure providers. We may use automated devices and applications, such as Google Analytics to evaluate use of our services. To opt-out of Google Analytics: https://tools.google.com/dlpage/gaoptout.
3. How We Use Your Information
We use the information we collect for the following purposes:
Service Provision and Improvement:
To provide, operate, and maintain the Site and the Service. To process your transactions and manage your subscriptions. To optimize audio synchronization and reduce latency. To personalize your experience and improve Service functionality. To develop new features and analyze usage patterns. To carry out our obligations arising from any contracts entered into between you and us.
Communication:
To send you service-related notifications, updates, and security alerts. To respond to your inquiries and provide customer support. To send marketing communications (with your consent where required). To obtain your views or comments on the services we provide or ask you to participate in surveys.
Security and Compliance:
To protect against fraud, unauthorized access, and security threats. To enforce our Terms and Conditions, Copyright Policy, and other policies. To comply with legal obligations and respond to legal requests.
Analytics and Advertising:
We may provide users, the public, and/or third parties (e.g., advertisers) with aggregate and/or anonymous information about our users to help market the Site.
4. How We Share Your Information
4.1 We Do Not Sell Your Personal Information
We share your information with third parties when we believe the sharing is permitted by you, reasonably necessary to offer our services, and/or when we are legally required to do so. Specifically, we may share your information:
· With your consent
· When we do a business deal involving the sale or transfer of all or part of our business or assets (e.g., merger, acquisition, bankruptcy, or sale of assets)
· For legal, protection, and safety purposes (e.g., to comply with laws or respond to lawful requests)
· To protect our rights and property, and the rights and property of our agents, customers, and others
· In an emergency, to protect the safety of our employees, agents, customers, or any person
· With those who need it to do work for us (e.g., a third-party payment processor)
· We may also share aggregated and/or anonymized data with others for their own uses.
4.2 Publicly Available Information
We may also display to visitors of the Site any or all of your information that is publicly available and/or any other information you elect to share. You can change your information as described in Section 6.
5. Data Retention
We retain your personal information for as long as necessary to provide the Service and fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law.
In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or to allow the child to continue to participate in the Service, and ensure the security of our users and our services, or as required by law.
6. General Privacy Rights; How You Can View, Change, or Remove Information
6.1 Rights Under CCPA/CPRA (California Users)
If you are a California resident, you have the following rights:
Right to Know: You can request that we disclose the categories and specific pieces of personal information we collect; the categories of sources; the purposes for which we use that information; the categories of third parties with whom we share personal information; and the categories of information that we sell or disclose to third parties.
Right to Delete: You may request deletion of personal information we collected from you, subject to certain exceptions.
Right to Correct: You may request correction of inaccurate personal information.
Right to Opt-Out: You may request that we stop selling or sharing your personal information (please note that we do not sell personal information).
Right to Limit Use: You may request that we only use your sensitive personal information for limited purposes, such as providing you with the Service.
Right to Non-Discrimination: You will not receive discriminatory treatment for exercising your privacy rights.
6.2 Viewing and Editing Your Information
You and/or your parent or legal guardian (if applicable) may change or delete your profile information at any time by going to your account page and clicking the appropriate link. Information will be updated immediately.
6.3 Deleting Your Account
If you want to stop using your account you may delete it. When you delete an account, it is permanently deleted. You should only delete your account if you are certain you never want to use it again. To delete your account, email legal@kinetic.audio with the subject: “Please delete my account”.
6.4 Limitations on Removal
Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others or it was copied or stored by other users. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested.
6.5 Opt Out
If you do not want us to contact you in respect of goods or services, you may opt out at any time. You can exercise this right at any time by either unsubscribing via the link in the email we send you or by emailing: legal@kinetic.audio. If you opt out, we may still send you non-marketing emails.
6.6 Requests About Your Personal Information
You and/or your parent or guardian (if applicable) may send requests about personal information to: legal@kinetic.audio.
6.7 Cookies
We use cookies and similar tracking technologies to collect and track information about your use of the Service. We may use the following types of cookies:
Essential Cookies: Required for the Service to function properly (e.g., authentication, security).
Analytics Cookies: Google Analytics cookies that help us understand how users interact with the Service.
Advertising Cookies: Google Ads cookies used to deliver targeted advertising and measure ad performance.
Functional Cookies: Enable cache of timing calibration data and enhanced functionality and personalization (e.g., language preferences).
You and/or your parent or guardian (if applicable) can control cookies through your browser settings. Most browsers allow you to refuse cookies or delete cookies. However, disabling essential cookies may affect the functionality of the Service.
7. Privacy Rights Under COPPA
7.1 Verifiable Parental Consent
Our Service is directed to a general audience but may be used by children under the age of 13. In accordance with COPPA, we provide parents and legal guardians with direct notice of our information practices and obtain verifiable consent from such parents or guardians before collecting personal information from children under 13.
Kinetic Audio requires that a parent or legal guardian create a parent account and complete account registration prior to a child accessing the Service. Account registration requires that the parent or legal guardian provide their first and last name, their email address, the first and last name of the child, the child's email address if they have one, and that the parent or legal guardian provide payment information in connection with the purchase of a subscription or other paid access to the Service.
Since the account must be created and paid for by a parent or legal guardian, the use of a valid payment method as part of the registration process serves as our method of verifying parental identity and obtaining verifiable parental consent under COPPA.
For clarity, by creating a parent account, completing the payment process, and designating a child user profile, the parent or legal guardian has received direct notice of our information practices regarding the child's personal information and consents to both this section, as well as the provisions governing how we collect, use, process, and share personal information as described in this Policy.
7.2 Ongoing Parental Rights
Under COPPA, parents or guardians have ongoing rights in connection with information they have agreed to let us collect from their children. In accordance with COPPA, we agree to do the following upon request:
· Give you a way to review the personal information collected from your child
· Give you a way to revoke your consent and refuse the further use or collection of personal information from your child
· Delete your child's personal information
A parent or guardian may exercise their rights and send requests about personal information to: legal@kinetic.audio. In addition, parents or guardians may view and edit their and their child's information or delete their account as set forth in Section 6. Please be advised that if parental consent is revoked, we may need to terminate the Service if the information at issue is reasonably necessary for the child's participation in that activity.
7.3 Limitation on Information Collection from Children; Data Retention
We do not condition a child's participation in the Service on the child providing more personal information than is reasonably necessary to participate in a particular activity or feature of the Service. We collect only the information from children that is reasonably necessary for them to use and access the Service for the purposes described in this Policy.
In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or to allow the child to continue to participate in the Service, and ensure the security of our users and our services, or as required by law.
7.4 Third Party Operators
We may share personal information collected from children under 13 with third party service providers and operators that perform functions on our behalf and support the operation of the Service. These services may include providers of hosting, data storage, payment processing, customer support, analytics, and technical infrastructure.
These service providers and operators are permitted to use the information only as necessary to perform services for us. We do not permit third parties to collect personal information directly from children through the Service except as necessary to support the internal operations of the Service or as otherwise permitted by applicable law.
To see a list of third-party operators who collect any of the above information through our Site, please visit: https://lyrekos.com/third-party-operators.
7.5 Optional Disclosure to Third Party Operators
Notwithstanding the foregoing, except where disclosure of a child's personal information is reasonably necessary to provide the Service or to support the internal operations of the Service, parents or legal guardians may choose to consent to our collection and internal use of their child's personal information while refusing to permit disclosure of that information to third parties.
If a parent or legal guardian declines to permit disclosure of a child's personal information to third parties, the child may still be able to access and use portions of the Service. However, certain features or functionality of the Service that rely on third-party service providers may not be available.
Where disclosure of a child's personal information to a third party service provider is necessary for the operation of the Service, such disclosure will be limited to service providers performing functions on our behalf and subject to contractual obligations requiring them to maintain the confidentiality, security, and integrity of the information.
7.6 Inadvertent Collection of Information from Children
If we learn that we have collected personal information from a child under the age of 13 without first obtaining verifiable parental consent, we will take reasonable steps to delete that information as soon as practicable.
8. Data Security
8.1 Steps We Take To Keep Your Information Secure
We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. These measures include:
· Encryption of data in transit (TLS/SSL) and at rest
· DTLS encryption of UDP packets
· Regular security assessments and vulnerability testing
· Access controls and authentication mechanisms
· Employee training on data protection and security
· Secure infrastructure provided by industry-leading service providers
However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
8.2 Risks Inherent In Sharing Information
We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Site will not become publicly available. We are not responsible for third party circumvention of any security measures on the Site. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up-to-date antivirus software.
8.3 Report Violations
You should report any security violations to us by emailing: legal@kinetic.audio.
8.4 Enforcement
We regularly review our compliance with this Policy. If we receive a formal written complaint, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
9. California “Shine the Light” Law
California Civil Code Section 1798.83 permits California residents to request information about disclosure of personal information to third parties for direct marketing purposes during the previous calendar year. We do not share personal information with third parties for their direct marketing purposes.
10. Do Not Track Signals
Some web browsers have a “Do Not Track” feature that signals to websites you visit that you do not want your online activity tracked. We currently do not respond to “Do Not Track” signals because there is no industry-standard for how to respond to such signals.
11. Third-Party Links
The Service may contain links to third-party websites. We are not responsible for the privacy practices of these websites. We encourage you to read the privacy policies of any third-party websites you visit.
12. Changes to This Privacy Policy
We may update this Policy from time to time. If we make any changes, we will change the “Last Updated” date at the top of this Policy, and where appropriate, may notify you and/or your parent or guardian via e-mail or announcement on the Site.
Your continued use of the Service after changes become effective constitutes your acceptance of the updated Policy.
We encourage you to periodically review the Site's current privacy policy. If you are a child and need help understanding this Policy, you should ask a parent or guardian to read it and talk with you about it.
13. Governing Law and Jurisdiction
The Site is operated from the United States of America. By using the Site, you consent to having your personal information transferred to and processed in the United States.
Any dispute or claim arising out of or in connection with this Policy or its subject matter shall be governed by and construed according to the laws of the United States, without giving effect to any conflict of laws provisions. Any dispute or claim arising out of or in connection with this Policy or its subject matter that involve state law shall be governed by and construed according to the laws of the state of California, without giving effect to any conflict of laws provisions.
14. Contact Information
If you have questions, concerns, or requests regarding this Policy or our data practices, please contact us:
Kinetic Audio Innovations
19753 Via Escuela Drive
Saratoga, CA 95070
Email: legal@kinetic.audio
Website: lyrekos.com
By using the Kinetic Audio Service, you acknowledge that you have read this Privacy Policy, understand it, and agree to its terms. If you do not agree to this Privacy Policy, you must not access or use the Service.