Privacy Policy

At ArkivJazz.com and ArkivMusic.com, we know privacy is important to you, and it’s important to us, too. We are committed to being transparent and candid about how we treat and protect your personal information. Please take a moment to review our Privacy Policy and learn about how we are working hard to ensure that your personal information remains private.


Accepting the Privacy Policy

To provide you with efficient delivery of the greatest selection of jazz and classical music in the U.S., we need to process a required amount of your personal information. You have the right to know if your personal information is shared with any third parties. We may share personal information to have Service Providers, as defined by the CCPA, perform services specified by written contract. In addition, we may share personal information with third parties for other notified purposes, as permitted by the CCPA. Please see "Uses of Information, Sharing, and Disclosure" below for details.

By using ArkivJazz.com and ArkivMusic.com, you accept the Terms & Conditions and the Privacy Policy (jointly referred to as the “Terms”). By creating an Account or by making any purchase through ArkivJazz.com and ArkivMusic.com, you are required to agree to and accept the Terms. By accepting the Terms, you are confirming that you have read and accept the Privacy Policy and understand how we process, retain, and utilize your personal information. If you do not accept the Privacy Policy or do not wish for ArkivJazz.com and ArkivMusic.com to collect or process your personal information in the ways described below, please discontinue your use of the site and services.

ArkivJazz.com and ArkivMusic.com does not sell products to children. If you are under 18 years old, you must be accompanied by a parent or legal guardian to place orders on ArkivJazz.com and ArkivMusic.com. By accepting our Terms & Conditions and Privacy Policy, you confirm that you are 18 or older. You are responsible for any and all account activity conducted by a minor on your account.

By using ArkivJazz.com and ArkivMusic.com, you acknowledge that we will use your information to process orders and provide you with the optimal shopping experience.

Arkiv does not sell your personal information.

 

Information We Collect

To properly and efficiently process your purchases on ArkivJazz.com and ArkivMusic.com, we need to collect information to enable order payments and shipments. You can choose what information to provide in certain circumstances, but in order to perform certain services, there is sometimes information which is required for the delivery of those purchases or services.

Creating an Account: To set up your account on ArkivJazz.com and ArkivMusic.com, we ask for a valid email address and password. You can edit this information at any time by clicking your username in the header of the website (hereby referred to as the “My Account” section).

User Account: Although not required, you can choose to add additional information such as your name and shipping address in the “My Account” section to make any purchases made through the website as easy as possible. You can edit or remove this information within the “My Account” section. You can also access your order history though the “My Account” section. This provides users with a list view of the purchases made through their account on the site along with the order number, order date, order status, payment method, ship to, number of items, and order amount.

What About Cookies?: A cookie is an alphanumeric identifier that is transferred to your computer’s hard drive through your web browser. A cookie enables our system to recognize your browser and allows us to keep your session intact on ArkivJazz.com and ArkivMusic.com. This means, for example, that we can keep track of items you’ve placed in your shopping cart while you continue to look for other products throughout the site. We will never use cookies to retrieve information from your computer that did not originate from ArkivJazz.com and ArkivMusic.com. To learn more about how we use cookies, please review our Cookie Policy here.

Information to Third Parties: For personal information that is provided specifically for your Arkiv user account, we do not share personal customer information with any entity outside of Arkiv for any purpose other than as required to process orders, or as required by law.

Arkiv manages a separate set of personal data within a third party system for those who have opted in to receive promotional emails. We have selected MailChimp as our third-party email marketing platform due to its stringent security protocols and shared mission in protecting personal data. Arkiv only sends promotional emails to users who have specifically opted-in to receive them. If you do not wish to receive promotional emails, you may click the “Unsubscribe” link at the footer of any of our promotional emails or you may update your email preferences to be removed from our mailing list.

Making Purchases: If you elect to make a purchase through ArkivJazz.com and ArkivMusic.com, we need to collect and/or process information to enable order payments and shipments. ArkivJazz does not currently collect your credit card information. Instead it is processed through PayPal, our payment processor. We do collect the shipping address for your purchases and a telephone number to contact you if your package is undeliverable. In addition, we collect your email address so that we can keep you up to date with the status of your orders.

You can view your purchase history under the “My Account” section, as detailed above under the “User Account” heading.

 

Editing Your Information

We know that it’s important that you have control and choice as to what information is provided. Therefore, ArkivJazz.com and ArkivMusic.com provides you with the option to provide, edit, or remove certain information. We also provide you with options for the way Arkiv contacts you and keeps you updated on your order status, new products, etc.

You can opt to remove yourself from our promotional emails by clicking the “Unsubscribe” link in the footer of any of our promotional emails or by updating your email preferences. Arkiv will never send you promotional email unless you specifically opt in to receive it. You can opt in to our email lists or unsubscribe from the email list if you’d like to discontinue your receipt of our occasional newsletters. Please note that some messages are required, service-related messages regarding your orders or other requests made through the website (i.e. transactional messages, shipment notices, or legal notices).

You can edit and replace your email from the “My Account” section. Note, in order to maintain an active account with ArkivJazz.com and ArkivMusic.com, a valid email address must be provided by all users. You can also remove optional information you wish to no longer have as a part of your profile through the “My Account” section. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain personal data with us, in which case, we may not be able to provide to you some of the features and functionality of the ArkivJazz.com and ArkivMusic.com service.

If you would like to inquire about removing your account, please send a request to customerservice@arkivmusic.com. Please note that we may need to maintain certain information for backups, archiving, preventions of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

At any time, you may request specific pieces of personal information that Arkiv has collected and retained about you over the previous 12 months.

 

Messages from ArkivJazz.com and ArkivMusic.com

ArkivJazz.com and ArkivMusic.com may need to occasionally contact you. Generally, this communication is through email. That is why we require that every account be created by using a valid email address. We may occasionally contact you by telephone if a purchase is undeliverable.

When you subscribe to our promotional emails, we ask for a name and valid email. By subscribing, you are opting-in to receiving featured promotions and weekly sales, weekend specials at ArkivJazz, sales on entire classical label catalogs, and early exclusives. A confirmation email is sent to the email address provided. Then, to complete your subscription process, you must elect “yes, subscribe me to this list” on the confirmation email. This completes a user’s registration for the promotional emails. These preferences may be changed at any time by clicking the “unsubscribe” option at the bottom of every promotional email or updating your email preferences.

 

Uses of Information, Sharing, and Disclosure

When you use the services provided on or make purchases through ArkivJazz.com and ArkivMusic.com, we collect, use, and process your personal information as previously provided in this privacy policy. We rely on a number of legal basis to utilize your information, including:

• Where necessary to perform the contractual obligations in our Terms & Conditions and to provide services and products to you;
• Where you have consented to the utilization by opting-in to email newsletters, accessing ArkivJazz.com and ArkivMusic.com, which can be revoked at any time;
• Where you have consented to the utilization based upon making purchases or creating an account;
• Where information of legal transactions between you and ArkivJazz.com and ArkivMusic.com is necessary for any civil claims or other litigation;
• Where necessary in the public interest; and
• Where necessary to allow for the IRS to audit tax forms, as further outlined below.

Note: ArkivJazz.com and ArkivMusic.com will never send email marketing if the user has not opted in to receiving those electronic communications.

The Internal Revenue Service (“IRS”) has the right to audit our tax returns for a period of three years after the tax returns are filed. That time period can be extended for a period of six years if the IRS determines that we have omitted some income on those tax returns. Additionally, there is a possibility that we may not know whether we have omitted income or not until after an audit is concluded. Based on this possibility, we have adopted the general rule of retaining our documents for seven years to encompass the entire possible six year audit period, plus an extra year to the extent that those documents may become necessary after an audit has concluded. Because of the possibility of a federal audit, we retain documents for seven years to ensure that we fully comply with the IRS’s right to audit our records.

• When we process your information on the basis of a legitimate interest, we do so for the following reasons:
• Providing and improving upon our services;
• Keeping our services safe and secure;
• Processing payment information for transactions;
• Processing shipping information for fulfillment; and
• Maintaining records for legal purposes.

Legal: ArkivJazz.com and ArkivMusic.com may retain, preserve, or release your personal information to third parties in certain, limited situations. These situations include: in response to lawful requests by a public authority; in response to legitimate national security or law enforcement requests or requirements; to protect, establish, or exercise our legal rights in the defense of legal claims; in compliance with a court order or some other legal requirement; or when we believe in good faith the action is required by law.

In the event that ArkivJazz.com and ArkivMusic.com receives a request under one of the above situations, a user’s personal information may be disclosed to a third-party. Such personal information includes, but is not limited to, an account holder’s name, address, phone number, and email address.

 

Protecting Your Information

Arkiv takes extraordinary care to handle all of your personal information securely. When you submit your personal information on the ArkivJazz.com and ArkivMusic.com websites, it is encrypted using Secure Sockets Layer software while being transferred. It is then stored on a server that is behind a firewall, and not connected to the internet. We take the same measures while transmitting your information to a third-party regulated processor for payment authorization and settlement.

Your account is also protected by a password. Please use caution in protecting your password and preventing unauthorized access to your account information.

Unfortunately, no method of transmission over the internet of information or of storage of information is 100% secure. We strive to protect your personal, private information, but we cannot absolutely guarantee its security. In the case of a major breach of personal information, it is our policy to notify all registered users of the event as soon as possible, with an explanation provided as to the nature and extent of the breach.

 

Retention

ArkivJazz.com and ArkivMusic.com retain your personal information for only as long as necessary to fulfill our requirements under the law, as long as your account is active (i.e. as long as you have an account with ArkivJazz.com and ArkivMusic.com), and to satisfy performance as outlined in this policy.

If you no longer want ArkivJazz.com and ArkivMusic.com to use your information, you may elect to close your account. In the event that you opt to close your account, ArkivJazz.com and ArkivMusic.com will retain your information to the extent necessary to satisfy our legal requirements, resolve disputes, enforce our agreements, or as otherwise provided. To inquire about removal of your account, please send a request to customerservice@arkivmusic.com.

 

Rights of the User

As outlined above, you can edit or limit the personal information you provide to ArkivJazz.com and ArkivMusic.com in most situations. Upon request, ArkivJazz.com and ArkivMusic.com will provide you with information regarding the retention of your personal information, account, and order history. We will provide you with a copy of your personal information that has been provided to ArkivMuisic.com in an easily accessible format and in a timely manner. You have the right to edit and manage the means by which ArkivJazz.com and ArkivMusic.com contacts you regarding certain information, as outlined above.

If we process your information based on legitimate legal reasons, as outlined in the “Uses of Information, Sharing, and Disclosure” section, you can object to the processing of such information in certain circumstances. In such an event, ArkivJazz.com and ArkivMusic.com will cease the processing and utilization of your personal information, unless there is a compelling reason for ArkivJazz.com and ArkivMusic.com to continue processing your information or for other legal reasons.

For any promotional emails or other email marketing, you can always object to your continued receipt of such information by clicking the “unsubscribe” button found at the bottom of the emails or by changing your email preferences.

 

Duty of the User

Remember, it is your duty to keep your confidential personal information, private. You should keep your passwords protected and comply with all relevant legal requirements when you use ArkivJazz.com and ArkivMusic.com.

 

Withdrawing Your Consent

If you no longer wish to give your consent in regards to this Privacy Policy, you can withdraw your consent by removing your account and discontinuing your use of ArkivJazz.com and ArkivMusic.com. Additionally, you can remove yourself from email marketing by clicking the “Unsubscribe” button at the bottom of our promotional emails. If you’d like to have ArkivJazz.com and ArkivMusic.com delete your personal information, please send an email to customerservice@arkivmusic.com. ArkivJazz.com and ArkivMusic.com will delete your personal information, except any information that we are required to retain.

Non-Discrimination

The CCPA prohibits businesses from discriminating against you for exercising your rights under the law. Such discrimination may include denying a good or service, providing a different level or quality of service, or charging different prices. The CCPA permits businesses to provide differing levels or quality or different prices where the business can demonstrate that the difference is reasonably related to the value to the business of the consumer’s personal information.

 

Published Updates

Occasionally, this Privacy Policy and our Terms & Conditions may be updated. If we determine those changes are material to your continued use, we will notify you either by posting a message on our website or by sending you an email notifying you of the changes to the policies. Check back regularly to be notified of any updates.

 

Contact

If you have any questions or concerns regarding the ArkivJazz.com and ArkivMusic.com Privacy Policy or Terms & Conditions, please contact us at customerservice@arkivmusic.com.

Privacy Policy last updated: 01/26/2021