SmartMusic Finale Garritan MusicXML

Privacy Statement


Date of Last Revision: December 6th, 2018

Who we are:  MakeMusic, Inc. (“MakeMusic, Inc.”, “we,” or “us”) provides a variety of services, including SmartMusic, Finale, and Garritan that provide people the ability to create, learn and teach music as well as internal and third-party applications to help us with business related tasks like accounting, marketing, and troubleshooting (the “Services”).  MakeMusic, Inc. is committed to protecting your privacy and utilizing technology that gives you a powerful and safe online experience. The websites www.makemusic.com, www.smartmusic.com, www.finalemusic.com, www.garritan.com, www.musicxml.com, www.home.smartmusic.com and applications SmartMusic®, Finale® and Garritan® (hereinafter “the Sites”) are owned and operated by MakeMusic, Inc. and MakeMusic, Inc. is the controller of the Personal Data.

Please read carefully through all sections of this Privacy Policy.  This Privacy Policy covers our treatment of Personal Data that we collect through your registration, access and use of the Sites and the Services provided on the Sites. This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

This Privacy Policy may be changed by us from time to time and the governing version will be posted on the Site.  We will notify you if we make material changes to the Privacy Policy or we will provide notice to you of our changes on our website landing page.  Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

MakeMusic, Inc. recognizes the importance of protecting the privacy of our customers and the users of the Site.  As such, we will always ensure that we have a lawful basis for processing your Personal Data.

Notice to California residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.  Thus, under California Civil Code Sections 1798.80-1798.84, MakeMusic has no obligation to a California resident to provide further information regarding MakeMusic’s use of the California resident’s personal data.

Notice to Utah residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.

Why We Collect and How We Use Personal Information.  We collect and share information from the users of our Sites and Services to manage our contractual obligations to you, comply with legal obligations and/or because we have a legitimate business interest to do so.  We collect and share information to: (a) provide our Sites and Services; (b) provide information about our products and Services; (c) provide information about data security and privacy; (d) learn more about our customer’s preferences; (e) enhance, personalize and support your experience on our Sites; (f) enhance and develop our products and Services based on your direct comments and/or on the pages or information you view on our Sites; and (g) analyze the traffic to our Sites. To view Data Policies specific to each of our products, click on a link below:

Information Collection and Use

Information You Give Us Information We Collect from You Information We Obtain from Others

Contact Information:  You give us your Contact Information when you request information, register with or subscribe to the Site.   “Contact Information” includes your name, email, company, address and/or telephone number.

We may use Contact Information and other Personal Data to:

  •   provide you the Services on the Site;
  •   to fulfil your requests for information; and
  •   to contact you about MakeMusic, Inc. products or services based on the preferences you have indicated. Personal information we collect is used to provide, maintain, and improve our Services.

We use information about how you use our website to offer you custom content, such as music searches targeted to your selected instrument or how many times you open a piece of content, so we can tailor our Services to your preferences. We also use your data to maintain our applications, so they continue to serve the needs of the customers.

We may use your email address to send you information about changes or improvements we are making. Users over the age of 16 may opt into MakeMusic marketing promotions.

We may use your Contact Information to contact an individual regarding an account issue via telephone, fax, email, or written correspondence.  For example, when you visit our Help Center, we may collect your name or email address(es) and associate them with a case number so that we can respond to inquiries and requests.

If you are a Finale® customer and do not live within the United States, we may also share your personal information with our trusted business partners, such as our international distributors, to allow them to contact you on our behalf with information about other products or services that may interest you, unless you elect not to receive such information.

We collect Analytical Information through automated means when use and navigate the Sites.  “Analytical Information” includes pages and products viewed, emails from us that you opened, browser type, operating system, IP address and device information, your mobile operating system (OS), a mobile device identifier embedded by us, or other commonly used mobile device identifier if you access the Sites on a mobile device.

We use Analytical Information to:

  •   retain and evaluate information from your visits to the website and how you move around for analytics purposes to improve our website to make it more user friendly or improve the speed of the page loading or the website in general.
  •   to review user preferences when navigating the site and to develop new services that may be able to better appeal to our customers based upon what information our customers view or how they navigate the website.

We may collect your Contact Information from an educational institution and will use it as described herein.  

We may also collect publicly available information about you from third-party sources, such as the postal service for shipping address verification.

“User Data” may include school or district name, purchase order numbers.

We use your User Data to provide you the services, to connect your account to your educational institution, and to provide you customer support

“Financial Information” collected include credit card information for Schools or individuals that purchase that purchase a MakeMusic product or subscription.

We use the Financial Information to process your payment for the Services.  Financial Information is encrypted and transferred using secure Hypertext Transfer Protocol (HTTPS) to our third-party processor, Braintree.

We do not collect any more Personal Data from you than what we have determined is needed for us to provide the Services and comply with applicable laws.

What Happens If You Don’t Provide Your Personal Information?

Please be aware that, if you choose to limit the personal information you provide to us (or, in some circumstances, provide no personal information at all), then we may be unable to provide you with the products and services you have expressed an interest in, or which we have a contract to provide to you.  We may also be unable to provide you with access to some or all our Site (or its functionality).

We may also collect and use Non-Personally Identifiable User Information for several purposes, including (without limitation):

  • To calculate necessary royalty payments to third party content providers, which are often based on the number of times a work is opened or accessed by our users.
  • To prepare reports and other materials that we may share with others
  • in an anonymous format.
  • For analytics purposes.

In some instances, we use third-party vendors to collect, monitor and/or maintain Non-PII; for example, we utilize Rollbar, Google and Google Analytics. Rollbar is utilized for error monitoring. Information logged includes common request data. Google Analytics is utilized to analyze application, feature and content usage.

Electronic Marketing

We provide you the opportunity to consent to receive commercial email from us related to the Services or information that we deem you may be interested in when you seek more information from us.  We will give you the opportunity to “opt out” of receiving any unsolicited information from us or to limit the unsolicited information you receive from us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the Site.  

Information Sharing and Disclosure

Except as otherwise described in this Privacy Policy or in our product-specific Data Policies, we will not share your Personal Data with any other person or company.  We will share your Personal Data to other companies or people when:

  • We need to share your information to provide a product or service you have requested;
  • We need to send the information to companies who work on behalf of MakeMusic, Inc. to provide a product or service to you. Unless we tell you differently, we only provide these companies the minimum amount of information that is necessary for them to assist us and these companies do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us);
  • We find that your actions on our website violate the Terms and Conditions of Use, any of our usage guidelines for specific services or any agreement; and
  • As required to respond to or initiate subpoenas, court orders, or legal process.

Third Party Processors

To ensure that your Personal Data receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your Personal Data with to ensure that your Personal Data is treated by those third parties in a way that is consistent with and which respects the applicable laws on data security and privacy.   For example, we use third-party cloud data storage, error logging, accounting software, payment processors and marketing service providers. To see more detail regarding our third-party processors, please click a link below:

How long do we keep your information?

Generally, we will store your information for as long as you are a customer and for up to five (5) years thereafter to preserve records in case of a legal claim. We may keep records of transactions with you for a period of up to seven (7) years to comply with the IRS requirements.

For users who are students of U.S. educational institutions that are using the services and are subject to the Family Educational Rights and Privacy Act (FERPA) and/or where the school has provided  consent for us to collect the student’s personal data under the Children’s Online Privacy Protection Act (COPPA), your data will be kept for as long as you are a customer or until an educator, administrator, or parent/guardian associated with your account requests the removal of your information, unless and only to the extent we have a superseding legal obligation to retain the data.

Use of Cookies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. These technologies are used to:

  • Make the user experience more efficient (e.g., maintaining items in your Shopping Cart between visits).
  • Remember your preferences (e.g., browsing language, account login information)
  • Help us understand and improve how visitors use our website, including which of our pages and products are viewed most frequently.

The Options/Settings section of most internet browsers will tell you how to manage the cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings.  Upon the commencement of each of your visits to our websites, the website also provides the ability to turn off all non-strictly-necessary cookies for the MakeMusic websites for that visit. Please be advised that disabling cookies through either method may impact many of our websites’ features.

Instructions for blocking or allowing cookies in common web browsers are provided at the links below:

MakeMusic uses the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our websites works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognize you when you return to our websites. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

We also allow third parties to place cookies on your device through the Services to:

  • Help us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently.
  • More effectively market our products and services and advertise other products and services that may be of interest to you.
  • Obtain your feedback on our products and the Services.
  • Allow you to engage in our social media offerings (e.g., clicking the “Like” button on our website).

The use of third-party cookies is not covered by our Privacy Notice.  We do not have access or control over these cookies. If you continue to use our websites, we will assume you agree to the use of these cookies.

Although not all cookies and similar technologies that we use are required for you to use the Services, disabling these technologies altogether could prevent the Services from working properly and disable features that allow you to take full advantage of the Services we offer.

For a detailed description of the cookies we use and your ability to control the use of cookies while you navigate the internet, please see our Data Policies for each of our products:

Do Not Track

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

Notice to Residents of the Europe Economic Area

Under the GDPR, you have the following rights related to MakeMusic’s use of your Personal Data.

Number Description of your right
Right 1 A right to access personal data held by us about you, as well as information about how we are using your data.
Right 2 A right to require us to rectify any inaccurate personal data held by us about you.
Right 3 A right to require us to erase personal data held by us about you, and where the personal data has been made public, for other controllers processing the personal data to also erase links to, or copy or replication of, such personal data.  This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below).
Right 4 A right to restrict our processing of personal data held by us about you.  This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.
Right 5 A right to receive personal data, which you have provided to us, in a structured, commonly used and machine-readable format.  You also have the right to require us to transfer this personal data to another organisation, at your request.
Right 6 A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).
Right 7 A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products).

If you have consented to receive communications from us, you can contact us at any time to have your details removed from lists used by us or to update your marketing preferences. Please email [email protected] and quote your email/telephone number/account number in the body of the email, telling us what you would like us to do.

You can also:  click “unsubscribe” on any of our emails, and we will ensure we don’t send you any communications of this nature in future.

Notice to Residents of the U.S. and Canada:

You may access Personal Data held by us about you, as well as information about how we are using your data and you can request that we rectify any inaccurate personal data held by us about you.

To exercise any of your rights above, please contact MakeMusic at:
[email protected]
and/or
MakeMusic, Inc.
7007 Winchester Circle, Suite 140
Boulder, CO 80301, United States

If you choose to exercise any of your rights listed above, it may affect your ability to use the Site, as the operation and functionalities provided on the Site may require the use of your Personal Data.

Security

We will take reasonable and appropriate measures to protect it from loss, misuse and unauthorized access, disclosure, alteration and destruction of your Personal Data, taking into due account the risks involved in the processing and the nature of the personal data. However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

Data Transfers Across Jurisdictional Boundaries.

Since our Services are based in the United States, your data will be transferred from your country of residence into the United States.

Please be aware that your information will be transferred to and stored in the United States where our servers are located, and our central database is operated, and processed by third party contractors in the United States, Europe, and Australia.

Commitment to Children’s Privacy

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, the Site does not collect information from children under 13 years of age in the United States without the consent of a parent or legal guardian or another legally recognized consent mechanism.  The Site does not collect information from children under [18] years of age in Canada, or under 16 years of age in the European Economic Area without the legally mandated consent or under a recognized exception. You, as a parent or guardian of a student under the designated minimum legal age may contact us through any of the methods below to request (1) what information we have about such child, (2) that we correct any incorrect information, (3) that we delete any personal data of such child, and/or (4) that we cease further collection or use of any personal data of such child.

Notices Specific to Educational Use.

Children under 13 years of age in the United States [and Canada] may use the Site as part of an educational program wherein the respective educational institutions are responsible for collecting required parental consent for children using the Services for educational purposes or are providing parental consent for such student use as allowed under applicable law.  For all students in the United States, their use of the Site is compliant with Family Educational Rights and Privacy Act (FERPA) under the “School Official” Provision 34 C.F.R. § 99.31(a)(1)(i)(B).  

Policies of Other Websites

The Site may contain links to third-party websites not owned or controlled by MakeMusic  MakeMusic is not responsible for the privacy policies of any third-party websites which a user may access through a third‑party link.  Further, these third-party websites may have privacy policies that differ from this Privacy Policy. MakeMusic disclaims all responsibility for the privacy practices of such other third-party websites. You should read the privacy policies of each third-party website you visit to determine what information each third-party website may be collecting about you and how they intend to use such information.

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us through one of the methods provided below:

MakeMusic, Inc.
Attn: Customer Success MakeMusic, Inc.
7007 Winchester Circle, Suite 140 Boulder, CO 80301
United States of America

Visit us at support.makemusic.com
Email us at [email protected]
Call us toll free (for the U.S.A.): 1-800-843-2066
International callers: (952) 937-9611