Privacy Policy - Use of Data

Your privacy is important to Artist One Music Group LLC ("Artist One Music Group"). We created this Privacy Policy to document our firm commitment to privacy and to handle your information in accordance with applicable data protection laws. This Privacy Policy covers how we collect your Personal Information and how that information, together with any other Personal Information that you provide to us, may be used, disclosed, transferred and stored by us. This includes information collected online through our websites, mobile applications, social media pages, and through our direct marketing campaigns or other online communications (collectively the "Sites"). This Privacy Policy should also be read in conjunction with our Cookies Policy and the Terms of Use.

By using the Sites, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree, please do not access or use the Sites.

Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Use.

  1. What Personal Information we collect

    We may collect personal information from and about you, including information that you provide, information from other sources, and automatically collected information.

    Personal Information is information that identifies or is reasonably capable of identifying you. We collect or may collect, inter alia, the following categories of Personal Information:

    • Identifiers/Contact Information: Your name, age, postal and email address, phone number, username, password, and unique identifiers that may identify your device or browser but not you by name.
    • Precise Geolocation Data: Data about the location of the device you use to access the Sites.
    • Commercial Information: Your purchase history and payment information.
    • Internet/Electronic Activity: Your IP address, web/app browsing and search history related to our Sites, and information regarding your interaction(s) with the Sites.
    • Inferences: The inferences that we draw from the above categories of Personal Information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.
    • User-generated content, including comments, photographs, live streams, audio recordings, videos, text, hashtags, and virtual item videos that you choose to create with or upload to the Sites (“User Content”) and the associated metadata, such as when, where, and by whom the content was created. Even if you are not a user, information about you may appear in User Content created or published by users on the Sites. When you create User Content, we may upload or import it to the Sites before you save or post the User Content (also known as pre-uploading), for example, in order to recommend audio options, generate captions, and provide other personalized recommendations. If you apply an effect to your User Content, we may collect a version of your User Content that does not include the effect.
    • Messages, which include information you provide when you compose, send, or receive messages through the Sites’ messaging functionalities, as may be applicable. They include messages you send through our chat functionality, as may be developed and incorporated into the Sites, when communicating with merchants who sell goods to you, and your use of virtual assistants when purchasing items through the Sites. That information includes the content of the message and information about the message, such as when it was sent, received, or read, and message participants. Please be aware that messages you choose to send to other users of the Sites, if such functionality becomes available, will be accessible by those users and that we are not responsible for the manner in which those users use or share the messages.
    • Information, including text, images, and videos, found in your device’s clipboard, with your permission. For example, if you choose to initiate information sharing with a third-party platform, or choose to paste content from the clipboard onto the Sites, we access this information stored in your clipboard in order to fulfill your request.
    • Purchase information, including payment card numbers or other third-party payment information (such as PayPal) where required for the purpose of payment, and billing and shipping address may be collected from Artist One’s partners.
    • If the functionality for an application is developed, your phone and social network contacts, with your permission. If you choose to find other users through your phone contacts, we will access and collect information such as names, phone numbers, and email addresses, and match that information against existing users of the Sites. If you choose to find other users through your social network contacts, we will collect your public profile information as well as names and profiles of your social network contacts.
    • Your choices and communication preferences.
    • Information to verify an account such as proof of identity or age.
    • Information in correspondence you send to us, including when you contact us for support.
    • Information you share through surveys or your participation in challenges, research, Promotions, marketing campaigns, events, or contests such as your gender, age, likeness, and preferences.

    We collect the above types of Personal Information from a variety of sources, including from:

    • Internet service providers.
    • Security/fraud prevention service providers.
    • Data analytics providers.
    • Social media networks.
    • Operating systems and platforms.
    • From you directly or groups you participate in that organize events in association with our production.
    • Advertisers, measurement and other partners share information with us about you and the actions you have taken outside of the Sites, such as your activities on other websites and apps or in stores, including the products or services you purchased, online or in person. These partners also share information with us, such as mobile identifiers for advertising, hashed email addresses and phone numbers, and cookie identifiers, which we use to help match you and your actions outside of the Sites with your Artist One account.
    • We may obtain information about you from certain affiliated entities within our corporate group, including about your activities on their Sites.
    • We may receive information about you from others, including where you are included or mentioned in User Content, direct messages, in a complaint, appeal, request or feedback submitted to us, or if your contact information is provided to us.
    • We may also collect or receive information about you from organizations, businesses, people, and others, including, for example, publicly available sources, government authorities, professional organizations, and charity groups.

  2. How we collect your Personal Information

    Personal Information You Provide

    You may be asked to provide your Personal Information anytime you are in contact with Artist One Music Group or any member of our group, which means Artist One Music Group and its partners. Artist One and any member of our group may share this information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the Personal Information that we request, but if you choose not to do so, in some cases we will not be able to provide you with our products or services or respond to any queries you may have.

    Here are some examples of how we collect Personal Information from you:

    • When you register with us through the Sites or with third party partners and disclose your contact information;
    • When you subscribe to the Artist One email newsletter and provide your email address and postal code;
    • If you enter an Artist One contest, competition or similar promotion and provide your contact information;
    • When you post on an Artist One social media channel (including on Discord, Facebook, TikTok, Reddit, Instagram, and Twitter). If you use these social media channels, please remember that any information you post is available for others to see and in each case, is subject to the privacy terms of the applicable social media providers;
    • When you make a purchase from us and/or through our third party partners;
    • When you report a problem with our Sites or services;
    • When you participate in a customer research, satisfaction, or other survey that we use for research purposes;
    • If you participate in a customer video or other testimonial used for research and advertising purposes

    Note that when you use an Artist One website, we or our providers receive and may store information automatically, including IP addresses, browser types, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Furthermore, if you contact us for any other reason, we may keep a record of that correspondence.

    Personal Information Collected Automatically

    Whenever you visit or interact with the Sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This Personal Information may be collected in the following ways:

    • Internet Activity: We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with us, and to allow us to keep track of analytics and certain statistical information which enables us to improve the Sites and provide you with more relevant content. We may also use session replay software, which collects information about your interaction with the Sites, including keystrokes, mouse movements, and form field entries, and may monitor your interactions with the Sites, including for our compliance verification purposes. We may use third party service providers to support the Sites. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store Personal Information on our behalf and for their own purposes.
    • Electronic Activity: We may automatically collect your IP address or other unique identifier for the computer, mobile device, tablet or other device you use to access the Sites, including the hardware model and mobile network information. We may use this information to provide access to the Sites, help diagnose problems, analyse trends, track your interactions with the Sites, and retarget online and mobile advertisements to you across computers or devices you may use.
    • Geolocation Information: We may collect information about the location of your device when you access or use the Sites. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, as may become available, we may collect and use your geolocation information.

    We may use third parties' analytics and tracking tools, such as Google Analytics, to help us track, segment and analyse usage of the Sites, and to help us or those third parties serve more targeted advertising to you. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to track online activity. They may also combine information they collect from your interaction with the Sites with information they collect from other sources. We do not have access to, or control over, these third parties' use of cookies or other tracking technologies.

    Combination of Personal Information

    We may combine the Personal Information we receive from you and about you, including Personal Information you provide to us and Personal Information we automatically collect through the Sites, as well as Personal Information collected across other computers or devices that you may use, from other online or offline sources, and from third party sources. This combined Personal Information may be used in any manner detailed in this Privacy Policy.

  3. How we use Personal Information we collect

    We will hold, process and disclose your Personal Information for the following purposes and in accordance with the bases set out below:

    • To communicate with you, to send you information about our services, contests, and promotions.
    • To customize the content you see when you use the Sites.
    • To administer contests and other promotions and to announce you as a winner of our contests or promotions if permitted by the promotion rule, and to send you any applicable prizes.
    • To provide you with information about Artist One and its products and services and provide newsletters or email updates to you.
    • To provide you with exclusive and personalized offers and experiences.
    • To customize the content you see when you use the Sites.
    • To create, develop, produce, operate, deliver and improve our products, services, content and advertising.
    • To communicate with you and provide information in relation to our business products.
    • To understand how you use the Sites, including across your devices.
    • To infer additional information about you, such as your age, gender, and interests.
    • To help us detect abuse, fraud, and illegal activity on the Sites.
    • To promote the safety and security of the Sites, including by scanning, analyzing, and reviewing User Content, messages and associated metadata for violations of our Terms of Service or other conditions and policies.
    • To verify your identity in order to use certain features.
    • To communicate with you, including to notify you about changes in our services.
    • To enforce our Terms of Use and other conditions and policies.
    • Consistent with your permissions, to provide you with location-based services, such as advertising and other personalized content.
    • To train and improve our technology, such as our machine learning models and algorithms.
    • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

    Where you work for, or otherwise provide services to, a party that has entered into a contract with Artist One (or where such party has taken steps to enter into a contract with Artist One):

    • To create, develop, produce, operate, deliver and improve our products, services, content and advertising.
    • To communicate with you and provide you with information in relation to that business relationship.

    Where you are a potential business partner of Artist One, or have expressed interest in Artist One's business, including analysts, investors and job applicants:

    • To provide you with information about Artist One and its products and services and provide newsletters or email updates to you.
    • To respond to your requests and to contact you if necessary.
    • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

    In relation to the company's legal and tax obligations:

    • For the purpose of fraud protection and credit risk reduction.
    • To protect Artist One in the event of litigation, or to protect the company's legal rights.
    • To meet the company's tax obligations.
    • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

    When you access our Sites:

    • To help us address problems with and improve our Sites design, products and services.
    • To correct our records and make it easier to deliver your next communication.
    • To respond to your requests and to contact you if necessary.
    • To protect the security and integrity of the Sites and our business.
    • And for other purposes as disclosed at the time you provide your information or otherwise with your consent.

    In connection with our Cookies Policy, when you access our websites:

    To analyse trends and statistics in terms of how our website is used and to understand the flow of traffic on our website and to provide a better and more personalized website experience and to understand the needs of our customers.

    Where required by applicable law, your consent, which you can withdraw at any time, and to support our legitimate business interests to manage and improve our services, provided such interests are not overridden by your interests and rights.

    Additional information regarding individuals in the European Economic Area: For purposes of applicable data protection laws, the bases for processing outlined above comprise, in each case, the "legal basis" for processing Personal Information for each listed purpose. We will only use your Personal Information for the purposes for which we collect it, and subject to the legal basis for each purpose as outlined above, in compliance with applicable data protection laws.

    EEA/UK Residents: Where we carry out profiling as details in the Privacy Policy, we do so only for the purpose of marketing and on the basis of your explicit consent. You have the right to opt out of receiving marketing communications at any time by:

    • contacting us at [[email protected] or 201 Rock Lititz Blvd, Suite 50, Lititz, PA 17543] or
    • using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts.

    Profiling: We do not engage in profiling which results in legal or similarly significant effects, as defined under applicable law.

  4. How we share your Personal Information

    We may transfer and/or disclose Personal Information in connection with the services being provided to you by Artist One, including to:

    Artist One subsidiaries, for the purposes set out above.

    • Service providers that carry out certain services for a permitted business purpose on our behalf. For example, if you make a purchase on our mobile application, our payment processor vendor will process your payment information, or if you win a competition, we will pass your information onto a third party who will arrange delivery of your prize.
    • Legal disclosures, where we are under a duty to disclose or share your Personal Information to comply with any legal obligation, to enforce or apply our Terms of Use, or to protect our rights. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
    • Business Partners, on an aggregated level, to give them a better understanding of our business. Such information will not identify you personally.
    • In the context of a sale or transfer of our business or certain assets, we may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use Personal Information in a manner that is consistent with this Privacy Policy.
    • We may share your information for other purposes pursuant to your consent or at your direction. We may partner with third-party services (such as Facebook, Instagram, Twitter, and Google) to offer you a seamless sign-up, log-in, and content-sharing experience. We may share information about you with these third-party services if you choose to use these features. For example, the services may receive information about your activity on the Sites and may notify your connections on the third-party services about your use of the Sites, in accordance with their privacy policies. If you choose to allow a third-party service to access your account, we will share certain information about you with the third party. Depending on the permissions you grant, the third party may be able to obtain your account information and other information you choose to provide. If you choose to engage in public activities on the Sites, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while using the Sites. We are not responsible for the information you choose to submit. When you make a purchase from a third party on the Sites or through a third party partner of Artist One, including from a merchant selling products through our shopping features, we share the information related to the transaction with that third party and their service providers and transaction fulfillment providers. By making the purchase, you are directing us to share your information in this way. These entities may use the information shared in accordance with their privacy policies.

    We do not knowingly collect, sell, or share Personal Information about persons under the age of 18.

    Additional detail on the business purposes for which we disclose, sell, or share personal information is provided above under "How We Share Your Information."

  5. Links to other websites

    Our Sites may, from time to time, contain links to and from the websites of our partner theaters, distributors, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.

  6. Transferring your personal data out of the UK and EEA

    The European Economic Area (“EEA”), UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

    If you are located in the UK or EEA, it is sometimes necessary for us to transfer your personal data to countries outside the UK and EEA. In those cases, we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.

    Under data protection laws, we can only transfer your personal data to a country outside the UK/EEA where:

    • in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available here. We rely on adequacy regulations for transfers to the EEA and Canada;
    • in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available here. We rely on adequacy decisions for transfers to Canada;
    • there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
    • a specific exception applies under relevant data protection law.

    Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) legally approved standard data protection clauses recognized or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.

    Where we transfer your personal data outside the EEA, we do so on the basis of an adequacy decision or (where this is not available) legally approved standard data protection clauses issued further to Article 46(2) of the EU GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the EEA unless we can do so on the basis of an alternative mechanism or exception provided by applicable data protection law and reflected in an update to this policy.

    Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you when we update this Privacy Policy.

  7. Marketing Communications

    Information that we collect about you may be used to send you information about our business, our product or other useful information (for example, newsletters, details of competitions, special offers and promotions and information about latest releases) in accordance with applicable laws.

    When you access certain functions of our website or download and create an account for an Artist One, we will also ask you if you would like to receive information about the products or services of our third party business partners that we think may be of interest to you. We will not send you this information without your consent.

    If you do not want to receive marketing communications from us, please contact us or follow the unsubscribe instructions in any marketing communication received from us.

  8. How does Artist One Music Group keep your information secure?

    We have taken reasonable steps to secure the Personal Information in our control, but no set of security measures is guaranteed to be effective against all threats of unauthorized access. The steps we have taken include physical, contractual, technical, and managerial safeguards to protect your Personal Information. However, security lies in your hands as well. It is important for you to protect against unauthorized access to your passwords and to your computers and other connected devices. Be sure to sign off when finished using a shared device and log out of our Sites if you have been using them.

  9. Children's Data

    Neither this website nor any Artist One product is intended for children and we do not knowingly collect data relating to children. If you are under the age of 18, or equivalent minimum age in the relevant jurisdiction, please do not attempt to provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under the age of 18, or equivalent minimum age in the relevant jurisdiction, we will promptly delete that information. If you believe we have collected Personal Information from a child under the age of 18, or equivalent minimum age in the relevant jurisdiction, please contact us.

  10. Data retention

    We will retain your Personal Information for the period necessary to reasonably fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Under some circumstances we may anonymize or aggregate your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. If you have questions in relation to our data retention practices, please contact us.

  11. Your rights in respect of Personal Information

    We respect your right to request access to, correction of, erasure of, or restriction of processing of your Personal Information, or to object to processing of your Personal Information, as well as the right to portability in accordance with applicable law. In each case, these rights are subject to restrictions contained in applicable laws. If you would like to exercise your rights in respect of your Personal Information, please contact us at [email protected]. We will respond to your request in accordance with applicable law.

    If you request access to a copy of your Personal Information which is held by Artist One, your request will be dealt with as quickly as reasonably possible and in any event in accordance with applicable law.

    UK, EEA and Canada Residents

    Under the European Union General Data Protection Regulation and applicable Canadian privacy laws, you may have certain rights regarding your Personal Information, including:

    • Right to access your information: You have the right to confirm whether and how we use your Personal Information, why we use it, how long we keep it, and who we share it with. You also have the right to request a free copy of the information we hold about you.
    • Right to rectify your information: If you believe that we hold Personal Information about you that is inaccurate, misleading, or incomplete, you have the right to request that we correct that information in our records.
    • Right to request that we remove your information: You have the right to request that we remove your Personal Information from our records.
    • Right to withdraw consent: Where you provide consent to our use of your Personal Information, you can withdraw your consent at any time by contacting us.
    • Right to complain to a supervisory authority: Where you are unhappy with how we treat or handle your Personal Information; you have the right to make a complaint to the data protection supervisory authority or privacy commissioner in your home country or jurisdiction.

    UK and EEA residents specifically have the following additional rights:

    • Right to portability: You have the right to request a copy of your Personal Information for your personal use, including sharing with other entities.
    • Right to request that we limit use of your information: You also have the right to request that our use of your Personal Information be restricted.

    US State Privacy Rights

    If you are a California resident, you may take advantage of the following privacy rights:

    • Right to Know. You have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. Once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. To submit a request, contact us at: [email protected].
    • Right to Correct: You have the right to correct inaccurate personal information that we may maintain about you, subject to appropriate verification.
    • Right to Delete. Request that we delete any Personal Information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
    • Right to Opt-Out of the Sale of Sharing of Personal Information: You also may request to opt out of the "sale" or "sharing" of your Personal Information to third parties for their commercial use. This means that, if you opt out, going forward, we will not share your Personal Information with such third parties to use for their purposes unless you later direct us to do so. To effect the opt out, please click on the Do Not Sell My Information or Privacy Settings links, which also are on our website footer.

    If you are a Virginia resident, you may take advantage of certain privacy rights pursuant to Virginia Code 59.1-577. For example, you may request to access, correct, or delete your personal information. Because we engage in "targeted advertising" as defined in Virginia law, you may exercise your right to opt-out. You have the right to appeal a denial of your privacy rights.

    You can contact Artist One to make such requests by emailing [email protected]. We will need to verify your identity before we can process your right to know and deletion where technically feasible based on the information provided. We value your privacy and will not discriminate in response to your exercise of your privacy rights. We will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

    If you exercise any of the foregoing rights, we will not discriminate against you, including by denying access to our products or services or restricting your access to products or services of a certain quality or price level.

    Agent Requests: You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you've authorized them to act on your behalf. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent's status as an authorized agent. An authorized agent is prohibited from using a consumer's Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer's requests, for verification, or for fraud prevention.

  12. Consequences of failure to provide information

    If Artist One asks for information and you do not wish to give it to us, or if you wish to withdraw consent to the use of your information, Artist One will explain the consequences based on the specific information concerned, including whether it is a legal or contractual requirement that we use such data. However, if Artist One cannot collect necessary information from you, it may make it difficult or impossible for us to provide our services to you through our website, through an Artist One app or otherwise. If you have any queries in respect of the consequences of not providing information or withdrawing your consent, please contact us at [email protected] with subject header Withdrawing Consent.

  13. Our company wide commitment to your privacy

    To help make sure your Personal Information is secure, we communicate our privacy and security guidelines to all Artist One employees and strictly enforce these safeguards within the company.

  14. Privacy questions

    If you wish to contact us or have any questions about or complaints in relation to our Privacy Policy or the way Artist One handles your Personal Information, please contact us at [email protected] and we will try to address your concerns swiftly and resolve any issues you might have. For general inquiries about Artist One, please email [email protected]. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction.

    Artist One may update its Privacy Policy from time to time. When we change the policy in a material way, we will update the Privacy Policy on our Sites.