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Privacy Policy

Privacy Policy

At thedearsong.com, operated by MB Etalona under the brand DearSong (“we,” “us,” “our”), protecting your privacy is a priority. This Privacy Policy explains how we collect, use, store, and disclose your personal information when you visit our website, place an order, or otherwise interact with our Services.

By using the Website or Services, you acknowledge that you have read and understood this Privacy Policy. If there is a conflict between our Terms and Conditions and this Privacy Policy, this Privacy Policy controls with respect to the collection, use, and disclosure of your personal information.

 

1. Information We Collect

We collect the following categories of personal information depending on how you interact with us:

Information you provide directly:

  • Contact details: Name, email address, phone number.
  • Payment information: Payment card details, billing address, and transaction details (processed securely by our third-party payment provider — we do not store full card numbers).
  • Order content: The personal stories, memories, names, messages, recipient information, genre preferences, and other details you provide through our song creation survey (“Survey Content”). This may include personal information about third parties (e.g., the song recipient’s name and your shared memories).
  • Communications: Information included in your emails, support requests, or other messages to us.

 

Information collected automatically:

  • Device and browser information: IP address, browser type and version, operating system, device type, unique device identifiers.
  • Usage data: Pages visited, time spent on pages, referring URLs, click patterns, and how you interact with the Website.
  • Cookies and similar technologies: We use cookies, pixels, and similar tracking technologies. See Section 5 below for details.

 

Information from third parties:

  • Payment processors: Transaction confirmations and fraud prevention data.
  • Analytics providers: Aggregated usage and traffic data.

 

2. How We Use Your Information

We use your personal information for the following purposes:

  • Order fulfillment: To process your order, create your custom song, and deliver it to you.
  • Payment processing: To process transactions, verify payment details, and prevent fraud.
  • Communication: To send order confirmations, delivery notifications, and respond to your support inquiries.
  • Service improvement: To analyze how the Website is used, improve our products and services, and develop new features.
  • Marketing (with your consent): To send promotional emails about DearSong, special offers, or new services. You can opt out at any time (see Section 7).
  • Legal compliance: To comply with applicable laws, regulations, and legal processes, and to protect our rights and the rights of others.

 

Regarding your Survey Content: The personal stories, memories, and details you share are used primarily to create your custom song. We may use anonymized or aggregated data from orders for quality improvement and marketing purposes (e.g., sample songs), but we will not publicly identify you or the song recipient without your separate consent.

 

3. How We Share Your Information

We do not sell your personal information.

We may share your information in the following limited circumstances:

  • Service providers: With trusted third parties who help us operate the Website and deliver the Services, including payment processors, email delivery services, hosting providers, and analytics tools. These providers are contractually required to protect your data and use it only for the services they perform on our behalf.
  • Legal obligations: When required by law, regulation, legal process, or governmental request, or to protect the rights, safety, or property of DearSong, our users, or the public.
  • Business transfers: In connection with a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change.
  • With your consent: When you direct us to share information or provide your explicit consent.

 

4. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, including:

  • Order and transaction data: Retained for as long as needed to provide the Services and for a reasonable period afterward for legal, accounting, and dispute resolution purposes (typically up to 5 years after the transaction).
  • Survey Content: Retained as long as necessary to fulfill your order and for quality improvement purposes. You may request deletion at any time (see Section 7).
  • Marketing data: Retained until you opt out or request deletion.
  • Automatically collected data: Retained in accordance with our analytics providers’ retention policies, typically up to 26 months.

 

5. Cookies and Tracking Technologies

We use cookies and similar technologies to improve your experience and analyze Website traffic.

Types of cookies we use:

  • Essential cookies: Required for the Website to function properly (e.g., shopping cart, checkout).
  • Analytics cookies: Help us understand how visitors use the Website (e.g., Google Analytics).
  • Marketing cookies: Used to deliver relevant advertisements and track campaign effectiveness (e.g., Facebook Pixel).

 

Managing cookies: You can manage your cookie preferences through your browser settings. Disabling certain cookies may affect the functionality of the Website. Where required by law, we will obtain your consent before placing non-essential cookies.

Third-party tracking: We use Facebook Pixel and may use other third-party analytics and advertising tools. These third parties may collect information about your online activity across websites. For more information on opting out, visit https://www.youronlinechoices.eu.

 

6. Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. These measures include encryption of data in transit (SSL/TLS), secure payment processing through PCI-compliant providers, and access controls limiting who can view personal data.

However, no method of transmission or storage is 100% secure. We cannot guarantee absolute security of your information. We encourage you not to share sensitive information through unsecured channels.

 

7. Your Rights

Depending on your location, you may have the following rights regarding your personal information:

  • Right of access: Request a copy of the personal information we hold about you.
  • Right to rectification: Request correction of inaccurate or incomplete information.
  • Right to erasure (right to be forgotten): Request deletion of your personal information, subject to legal obligations.
  • Right to restrict processing: Request that we limit how we use your data in certain circumstances.
  • Right to data portability: Request a copy of your data in a structured, machine-readable format.
  • Right to object: Object to processing of your data for direct marketing or based on legitimate interests.
  • Right to withdraw consent: Where processing is based on your consent, you have the right to withdraw it at any time. Withdrawal does not affect the lawfulness of processing before withdrawal.
  • Right to lodge a complaint: You have the right to lodge a complaint with your local data protection authority. In Lithuania, this is the State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija — https://vdai.lrv.lt).

 

To exercise your rights, contact us at support@thedearsong.com. We will respond within 30 days (or as required by applicable law). We may need to verify your identity before processing your request.

Marketing opt-out: You can unsubscribe from marketing emails at any time by clicking the “unsubscribe” link in our emails, or by contacting us. We may still send non-promotional messages related to your orders and account.

 

8. International Data Transfers

Your personal information may be transferred to and processed in countries outside of your country of residence, including countries outside the European Economic Area (EEA). Where such transfers occur, we ensure appropriate safeguards are in place, such as the European Commission’s Standard Contractual Clauses, to protect your data in accordance with applicable law.

 

9. Children’s Privacy

The Services are not intended for use by children under the age of 16. We do not knowingly collect personal information from children under 16. If you believe a child has provided us with their personal information, please contact us at support@thedearsong.com, and we will take steps to delete that information.

 

10. Third-Party Links

The Website may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those third parties. We encourage you to review their privacy policies before providing them with your information.

 

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. We will post the revised policy on this page and update the “Last updated” date. Where required by law, we will notify you of material changes.

 

12. Data Controller

For the purposes of applicable data protection laws (including the EU General Data Protection Regulation), the data controller is:

MB Etalona Operating as DearSong Email: support@thedearsong.com Website: thedearsong.com

 

13. Contact Us

If you have any questions about this Privacy Policy or our data practices, or if you wish to exercise any of your rights, please contact us:

Email: support@thedearsong.com Website: thedearsong.com