Privacy Policy

This Privacy Policy provides Users of Cut Time® with important information about the privacy practices used at the https://cuttime.net/ website and all associated webpages (the "Cut Time Site") and all other products, services and applications made available through and in conjunction with the Cut Time Site from time to time (the "Services") which are furnished by J.W. Pepper & Son, Inc. ("J.W. Pepper," "we" or "us").

The Cut Time Site and Services are intended to be used by subscribing organizations ("Subscriber(s)") to assist in the management of music programs and other multi-member programs ("Programs") by facilitating communication by and between those organizing and managing the Programs ("Program Administrator(s)"), the staff and personnel associated with the Programs ("Staff") and the members of the Programs ("Members") and to manage the schedules, equipment and other items used by Members and Staff of the Programs. This Privacy Policy relates primarily to information ("Covered Information") of Members and other Users ("Users" or "you") on the Cut Time Site and/or included in the Services.

This Privacy Policy, together with our Terms of Service https://cuttime.net/terms-of-service.cfm ("Terms of Service"), govern J.W. Pepper’s relationship with Users in relation to the Cut Time Site and Services, describe the information we collect from or about Users in the Cut Time Site and Services, set out how we use and share that information and outline some of the steps we take to protect the privacy of Users.

Covered Information may be posted to the Cut Time Site and Services by a number of different contributors. These include the Subscribers, Program Administrators, Staff as well as the Users themselves. Restrictions on the types of information that may be posted are set forth in the Terms of Service.

Covered Information may include Personally Identifying Information as well as Covered Information which is subject to the Family Education Rights and Privacy Act ("FERPA") that regulates "Student Data", and the Children’s Online Privacy and Protection Act ("COPPA") that governs the collection, use and disclosure of personal information collected from children under age 13. The Cut Time Site and Services are designed and implemented to satisfy FERPA and COPPA and other federal, state and local laws concerning the gathering and use of personal information.

Gathering of Personally-Identifying Information (Generally)

J.W. Pepper does not rent or sell personally-identifying information to third parties but may use such information to improve and promote the Cut Time Site and Services to Users.

Some Users to the Cut Time Site and Services may choose to interact with the Cut Time Site and Services in ways that may require them to provide personally-identifying information ("PII"). For example, a User may submit PII to the Cut Time Site and Service by registering a User profile at the Cut Time Site. PII may also be provided to us by schools and other educational institutions that are Subscribers or by their Program Administrators or Staff. [See, "Special Provisions Regarding Student Data" and "Children’s Privacy – ‘COPPA’ Notice."] PII generally refers to a person’s name, address, telephone number, email address, credit card information, government issued identity information (such as a driver’s license or social security card), and any other data that may be used to identify or contact such person. The amount and type of PII that the Cut Time Site and Service gathers depends on the nature of the interaction chosen by the User. It may also include information regarding a person’s health or disabilities. J.W. Pepper does not disclose PII other than as described below and then, subject to all legal restrictions. Users may always refuse to supply PII but that may prevent them from fully engaging in certain website-related activities.

J.W. Pepper discloses PII only to those employees and its contractors who use that information in order to process or perform essential business functions on J.W. Pepper’s behalf or to provide services available on the Cut Time Site and Services. If a User (or a Subscriber, Program Administrator or Staff) of the Cut Time Site and Services have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with the Cut Time Site as well as other J.W. Pepper products.

Gathering of Non-Personally Identifying Information

Like most websites, the Cut Time Site and Services also collects non-personally-identifying information of the sort that web browsers and servers typically collect regarding Users’ visits to the Cut Time Site and Services, such as the browser type, language preference, referring site, and the date and time of each User request. Our purpose in collecting this information is to better understand how Users of the Cut Time Site and Services use the service. We reserve the right to use non-personally-identifying information data for any other lawful purpose, including the development of aggregated statistics. The Cut Time Site and Services may also collect statistics about the behavior of Users on its websites. For instance, we may gather membership statistics, network visits, etc.

Special Provisions Regarding Student Data (FERPA)

FERPA imposes certain restrictions on the use of "Student Data" of students under age 18.

While J.W. Pepper does not purposely collect PII from students, the Cut Time Site may be used by schools and other educational institutions and, as a consequence of such use, by the students themselves. In providing services to their Users, and, as a consequence, the Cut Time Site and Services may obtain a type of PII regarding those students ("Student Data"). "Student Data" is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the services to such entity or organization. Student Data may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA"). FERPA classifies Student Data as "educational information," "personally-identifiable information" and "directory information" and requires different levels of protection regarding each. For example, directory information – a student’s name, address, telephone number, date and place of birth, honors and awards, sports and activities and dates of attendance – are unprotected and may be disclosed. What is called "de-identified data – data without any PII -- may also be freely used.

Under FERPA, students who are Users (and, in some cases, their parents and legal guardians) may access their Student Data on the Cut Time Site and Services and, upon their request, have some or all of such Student Data modified or deleted.

J.W. Pepper considers Student Data to be strictly confidential, and we do not use such data for any purpose other than providing and improving the Cut Time Site and Services, to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with the Cut Time Site and Services as well as other J.W. Pepper products.

We agree that students who are Users (or, in some cases, their parents or legal guardians) may access their Student Data (except for directory information and de-identified data) on the Cut Time Site and Services and, upon their request, have some or all of such Student Data corrected, modified or deleted. We agree not to share Student Data (except for directory information and de-identified data) with third parties other than the Subscribers, Program Administrators, Staff and other Users in the Program, without the student’s consent. Our collection, use and sharing of Student Data may also be governed by applicable city, state and federal laws, as well as by the provisions contained in this Privacy Policy, including, by the restrictions set forth in "Children’s Privacy – COPPA Notice" which follows.

If you believe we may have inadvertently posted Student Data without proper consent or authorization or you want it deleted for other reasons, please contact us by email at privacy@cuttime.net, and we will delete such information immediately.

Children’s Privacy – "COPPA" NOTICE

NOTICE TO PARENTS OF CHILDREN UNDER THE AGE OF 13

J.W. PEPPER OWNS AND OPERATES THE CUT TIME SITE AND SERVICES TO PROVIDE AN ONLINE SERVICE TO MUSIC PROGRAMS AND OTHER MULTI-MEMBER ORGANIZATIONS AND MAY COLLECT PERSONALLY-IDENTIFYING INFORMATION ("PII") FOR USES CONSISTENT WITH THAT PURPOSE. PURSUANT TO THE CHILDREN’S ONLINE PROTECTION ACT, J.W. PEPPER HAS ADOPTED POLICIES POSTED HERE TO PROTECT THE PII OF CHILDREN UNDER THE AGE OF 13, WHICH POLICIES REQUIRE YOUR VERIFIABLE CONSENT TO USE, ADD, MODIFY OR DELETE PII ON THE CUT TIME SITE, AS WELL AS THE WAY TO FILE COMPLAINTS WITH J.W. PEPPER RELATED TO THOSE POLICIES.

In 1998, Congress enacted the Children’s Online Protection Act (15 U.S.C. § 6501 – 6506) which has become known as "COPPA." COPPA strictly limits the collection and use of the PII of children under the age of thirteen (13) years ("COPPA Users") and gives their parents or legal guardians ("COPPA Parents") control over the use of such PII. J.W. Pepper has adopted the following policies to comply with COPPA.

While J.W. Pepper does not purposely collect PII from children under the age of thirteen (13) years, the Cut Time Site and Services may be used by schools and other educational institutions that are Subscribers. In providing the Cut Time Site and Services to their Users, and, as a consequence of such use, the Cut Time Site and Services may obtain PII regarding COPPA Users. J.W. Pepper must rely upon the Subscribers and Program Administrators to identify COPPA Users. Upon receipt of PII from a User that a Subscriber or Program Administrator has identified as a COPPA User, will verify that the COPPA Parents have consented to the use of the COPPA User’s PII on the Cut Time Site and Services. The Subscriber will also be asked to provide J.W. Pepper with contact information (including an e-mail address) for the COPPA Parents. Thereafter, and so long as the User is a COPPA User, the COPPA parent may access the PII of his or her COPPA User and PII regarding the COPPA User may be added, modified or deleted, in whole or part, only by the COPPA Parents or with the verifiable consent of the COPPA Parents (which may be obtained by e-mail). At such time as the COPPA User’s age exceeds thirteen (13) years, such User shall succeed to the rights of the COPPA Parents.

J.W. Pepper reserves the right to use de-identified data that is derived from PII of COPPA Users to improve the Cut Time Site and Services. J.W. Pepper also reserves the right to contact COPPA Parents to verify their consent, tell them about new features, solicit their feedback, or just keep them up to date with what’s going on with the Cut Time Site and Services as well as other J.W. Pepper products.

If you believe we may have inadvertently posted PII of a child under the age of thirteen years without proper consent and authorization, please contact us by email at privacy@cuttime.net, and we will delete such information immediately.

Cookies

A cookie is a small text file containing a string of information that a website, online application, or email stores on a User’s computer, and that the User’s browser provides to the website to allow the website to recognize a specific User each time the User returns. The Cut Time Site and Services uses cookies to help identify and track Users, their usage of the Cut Time Site and Services, and their website access preferences.

Users of the Cut Time Site and Services can choose to accept or decline cookies on their computers. Most web browsers automatically accept cookies, but you may be able to modify your browser setting to decline cookies if you prefer. The "help" portion of the toolbar on most browsers may tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies, or how to disable cookies altogether. If you disable or reject cookies, this may prevent you from taking full advantage of the Cut Time Site and Services, as certain features may not function properly without the aid of cookies.

Disclosure and Sharing of Information We Gather

Notwithstanding anything else in this Privacy Policy, we may disclose any information as may be required by applicable law, regulation or legal process, such as a subpoena. Additionally, we may disclose any information to law enforcement and other parties when we believe it is appropriate in order to investigate or protect against actual or suspected illegal, criminal or fraudulent activity, hacking, violations of our terms of use, contravention of the security features of our site, or any activity that we believe may pose a risk to the rights or security of us, our business, our employees, our property or the Users of the Cut Time Site and Services.

User Generated Content

If Users elect to post content on the Cut Time Site and Services or submit content to us directly, any information, including, without limitation, your name, address, e-mail address, interests and ideas may be stored and used for research or other promotional purposes by us. We may contact you directly to discuss your use of, or contributions to, the Cut Time Site and Services. If you offer a testimonial or opinion about products and services on the Cut Time Site and Services, you authorize us to use these communications in our marketing campaigns, on and off the Site. We may include in our marketing campaigns your initials, or your first name and the first letter of your last name, together with the name of the city/locality and state where you reside.

Users of the Cut Time Site and Services may elect to post content to a specific organization’s Cut Time Program. The Program Administrator(s) managing such Program shall determine what content and data is collected and shared among members of the organization by granting permissions or restricting access to Members of the organization. We expressly disclaim any liability or responsibility for matters relating to privacy, security and other matters on any websites other than the standard web pages on the Cut Time Site and Services. We strongly advise you to review the terms of use and privacy and other policies of any other website that you visit including websites that may be linked to the Cut Time Site and Services.

Your Choices Regarding Your Information

At any time, Users may access, update and delete the information listed in their Cut Time user profiles.

Program Administrators managing a Cut Time Program may assign permissions and limit roles to specific Users within an organization. Subscribers may terminate an organization’s Cut Time subscription at any time. Terminating a subscription will result in the deletion of all records any User has created in the organization’s account and all information contained within the records. You agree not to use the Cut Time Site and Services as the sole repository for any information.

If at any time, you no longer wish to receive email messages from us, let us know by clicking the "Unsubscribe" option in any of our emails or notify us by email to privacy@cuttime.net. If you would like to have your PII edited or removed from our records, you may request a revision or deletion by contacting us by email at privacy@cuttime.net. If you believe that any information we are holding relating to you is incorrect or incomplete, you may request a correction by contacting us by email us at privacy@cuttime.net as soon as possible. We will promptly correct any information found to be incorrect.

Security

In addition to J.W. Pepper employees and contractors, only authorized Users with registered passwords will have access to the information in your members-only Program. Your Cut Time Program data is backed up on redundant servers and off-site data storage. Should you experience technical problems, our authorized technical support staff may need to access your account to assist you.

We have implemented commercially reasonable technical and organizational measures on the Cut Time Site and Services designed to secure PII, User content and associated data collected at the Cut Time Site and Services from accidental loss and from unauthorized access, use, alteration or disclosure. We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User content or associated data for improper purposes, and you acknowledge that all User content and associated data is provided on Cut Time at your own risk. J.W. Pepper disclaims any warranty or representation relating to maintenance, data security, or nondisclosure of data.

"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it might be from J.W. Pepper asking for your personal information, do not respond. We do not request your password, User name, credit card information, or other personal information through email.

Users From Outside the United States

The Cut Time Site and Services and Services are provided, supported and hosted in the United States and intended for use by Users located in the United States. Use of the Cut Time Site and Services are governed by United States law, and United States privacy and data security laws may differ from those of other countries. If you are using the Cut Time Site and Services from outside of the United States, please be aware that any information we gather under this Privacy Policy may be transferred to, stored and processed in the United States.

Privacy Policy Changes

J.W. Pepper reserves the right to change its Privacy Policy from time to time, in its sole discretion. If we do so, we will notify you of substantial changes to this Privacy Policy either by posting our updated privacy policy on the Cut Time Site, together with the effective date of the updated policy and/or by sending a message to the e-mail address you have provided to us. Users are required to check this page periodically for any changes to our Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of all such changes.

Your Concerns about Privacy

If you have any questions or comments about the Privacy Policy or your interactions with the Cut Time Site and Services, please contact us:

Email us at: privacy@cuttime.net
Call our customer service number at: 1-800-310-0087
Send us regular mail at:

J.W. Pepper & Son, Inc.
191 Sheree Blvd.
Exton, PA 19341

Notice to California Users

Pursuant to Section 1798.83 of California Civil Code and the California Consumer Privacy Act of 2018, a California resident with whom J.W. Pepper has established a business relationship has the right to request from us: (i) certain information with respect to the types of PII we have shared with third parties for direct marketing purposes by such third parties; (ii) the identities of the third parties with whom we have shared information during the immediately preceding calendar year; (iii) more detailed information about the PII we have collected about them; (iv) the right to opt out of any sale of their PII; (v) the right to delete their PII; and (vi) the right to receive equal services and pricing without providing PII. All requests for such information must be in writing and sent by mail or email using the information provided above.

Policy last revised: June 18, 2019