Privacy Policy

Effective date: 03/08/2020

BeatStars Inc. ("BeatStars", "us", "we", or "our") is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our website at BeatStars.com and BeatStars mobile (our “Sites”) and all related sites and other web-based services that enable website visitor access on our behalf, including players, widgets, tools and other services provided by BeatStars (collectively, the "Services"). This Privacy Policy explains the types of personal data we collect from website visitors and other people with whom we communicate and interact in the course of providing the Services. This Policy also describes how we use personal data, the purpose for sharing and recipients of personal data and your rights and choices associated with that data.

We strive to educate parents and kids about how to appropriately safeguard their privacy when using our Services. We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which requires us to inform parents and legal guardians about our information collection and use practices. COPPA also requires that we obtain parental consent before we allow children under the age of 13 to access and/or use our Services. We urge kids to check with their parents before entering information through our Site and/or Services, and we recommend that parents discuss with their kids restrictions regarding the online release of Personal Information (as defined below) to anyone they don’t know.By visiting BeatStars and/or using our Services, or by permitting your child to use our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

By using BeatStars, you are consenting to the practices described in this Privacy Notice.

This Privacy Policy explains the following:

Please see our Cookie Policy for information relating to our use of cookies and similar tracking technologies. If you are a California resident, you can learn about your additional consumer privacy rights under the California Consumer Privacy Act by reviewing our Notice for California Residents.

If you are a customer with a visual impairment or other disability or a customer who seeks support in another language, you may access the BeatStars Privacy Policy by emailing privacy@beatstars.com.

This Privacy Policy applies to any Site and Service that links to this Privacy Policy. This Policy does not apply to third-party websites, products, or services, even if they link to our Site or Services. We recommend you review the privacy practices of those third parties before connecting your BeatStars account or sharing any personal data. We also encourage you to read this Privacy Policy, along with our Terms of Use, o understand how your personal data will be treated as you make full use of our Services. Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. We ask that you do not use the Services if you do not agree to any of the provisions in this Privacy Policy. For more information about our privacy practices, please contact us by emailing us at privacy@beatstars.com.

Definitions

Personal Data

Personal Data means any information that relates to an identified or identifiable individual.

Usage Data

Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Services. The User corresponds to the Data Subject, who is the subject of Personal Data.

Collection of Personal Data

 

We collect several different types of Personal Data for various purposes to provide and improve our Services to you. We process this information pursuant to our legitimate interest in providing you the Services and the best user experience on our Sites, as well as where necessary to perform any contract between you and us.

Other than the online contact information required to obtain parental consent, we do not collect any Personal Information from Users under the age of 13 unless the User’s parent or legal guardian has first provided us with consent for that User to use the Services and disclose Personal Information to us. If you are a User under the age of 13, please do not send any Personal Information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected Personal Information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided us Personal Information in violation of this Privacy Policy, please contact us at support@beatstars.com.

Personal Data we collect will be apparent by the context of the page, and may include, but is not limited to the following:

Account information

When you register for an account, we collect your first and last name, email address, telephone number and your password. We may also collect your payment and financial information such as your PayPal email address or billing address.

Public Profile information

You may choose to add information to your profile on BeatStars, which may be made public. Such information may include your username, the city or country you live in, profile photo, links to your music recordings and social media profiles.

Communications

When you communicate with us or other Users through the Sites and Services or otherwise communicate with us by email, we collect information about the communication and any other information you provide in your response.

In addition to the uses described below, we may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Services by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. Usage Data helps us recognize you as well as provide personalized content and advertising across all of your devices.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Services, to improve and customize our Services.

You can enable or disable location services when you use our Services at any time, through your device settings.

Tracking Cookies Data

When you visit our websites, we may collect information from you automatically, such as the activity on our Services, through cookies or similar tracking technologies.

Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services. We may also allow our business partners to use cookies and similar tracking technologies on the Services or work with third parties to track your behavior on our behalf.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services. Please review our Cookie Policy for information relating to our use of cookies and similar tracking technologies.

BeatStars Widget

When you visit a website that has integrated a BeatStars Widget, we may receive certain information about you, such as the website you visited. The website containing the widget may also receive this information about you. The widget may be used to stream music and purchase music licenses.

Service Providers

We may receive Personal Data about you from our Service Providers and business partners, such as those that conduct payment processing, analytics, advertising, hosting, marketing, customer and technical support, and other services. Please review the remainder the this Privacy Policy to learn more about how and why we use this information.

Information from third-party sources

We may collect Personal Data from third-party sources, including things that other third parties may post publicly about you or otherwise provide to us. If you register for a BeatStars account through a third-party application, we may collect certain information about you. For example, if you register using your Facebook account, Facebook will, with your consent, share your Facebook user ID, first and last name, email address and other profile information. Facebook collects this information pursuant to the Facebook Privacy Policy. To control the information that we receive from Facebook, please update your privacy setting in your Facebook account. If you register for an account using your Google account, Google will, with your consent, share certain profile information with us. To control the information that we receive from Google, you can update your setting in the Google activity controls page.

Use of Personal Data

 

Our primary goal in collecting personal information is to provide you, the user, with a customized experience on our website. We use the collected data for various purposes including:

  • To provide and maintain our Sites and Services, including to take steps to enter into a contract for sale or services, bill you for services and process payments and fulfil transactions;

  • To enable and allow you to participate in interactive features of our Sites and Services and provide you with a personalized service, content and ads;

  • To create custom audiences on social media sites;

  • To provide you with better products and services and improve and grow our business, including to perform research and development, understand our customer base and purchasing trends and understand the effectiveness of our marketing;

  • To operate and maintain safe, secure and reliable Sites and Services;

  • To provide customer support, including to contact you in response to an inquiry that you sent, and send administrative messages, technical notices, updates, alerts and other information;

  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

  • To track the progress and number of entries in our promotions and contests;

  • To contact you on behalf of certain artists or other third parties and recommend artists to our business partners for publishing engagements;

  • To perform accounting, audits and other internal functions; and

  • To comply with a request or order from courts, law enforcement or other government authorities.

BeatStars may also use personal information for other business purposes, including the following: (i) perform accounting, audits and other internal functions; (ii) compliance with our legal obligations or to assert or defend a legal claim; (iii) general business administration; (iv) processing employment applications; and (v) systems and data security.

In addition, if we feel that a user abuses the BeatStars.com site in any way, we reserve the right to use and share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible fraudulent or illegal activity.

Sharing of Personal Data

 

BeatStars does not sell, rent, or trade your personal information with unaffiliated third parties. We share your Personal Data with the entities listed below.

Business Partners

When one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). If you do not want your information to be shared, you will be able to choose not to allow the transfer by not using or signing up for that particular service, promotion or contest.

Service Providers

We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used. For example, when you make a purchase through our online store, or sign up to receive promotional items from us, we may share some of your personal information with third parties helping us to complete your transaction or send you the items you signed up to receive. When we share your information with such third parties, we will work to ensure that only the information necessary to complete your transaction is disclosed. This Privacy Policy does not apply to such third parties. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Public Profile

Any information in your profile will be accessible by other Users of the Sites and Services. If you listen to any music recordings uploaded by another User, the fact that you have listened to those recordings will be shared with that User. Similarly, if you comment on a user’s profile, all Users will be able to see your comment.

Social Media

If you share our content through social media, for example by liking us on Facebook, following or tweeting about us on Twitter, or giving us a '+1' via Google Plus, those social networks will record that you have done so and may set a cookie for this purpose.

In some cases, where a page on our website includes content from a social network, such as a Twitter feed, or Facebook comments box, those services may set a cookie even where you do not click a button. As is the case for all cookies, we cannot access those set by social networks, just as those social networks cannot access cookies we set ourselves.

Third Party Platform Advertising

We may share your information with third party platform providers who assist us in serving advertising regarding the Services to others who may be interested in the Services. We also partner with third parties (such as Facebook, Google and Twitter) who use cookies and similar tracking technologies to serve targeted advertising/content to you via the relevant third-party platform based on your profile/interests (also known as “interest-based advertising”). Your information is used by the third-party platform provider to identify your account and serve advertisements to you. While we will not share information that identifies you by name with unaffiliated third parties for their own use, such third parties may be able to identify you with sufficient data from other sources. You can control what advertisements you receive via the privacy settings on the relevant provider's platform and you should consult the third party's help/support center for more information.

Facebook Conversion Tracking Pixel

Our website utilizes the Conversion Tracking Pixel service of Facebook. This tool allows us to follow the actions of users after they are redirected to a provider's website by clicking on a Facebook advertisement. We are thus able to record the efficiency of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous and we cannot see the personal data of any individual user, however the collected data is saved and processed by Facebook. Facebook is able to connect this data with your Facebook account and the data is used for their own advertising purposes in accordance with their policy found under: https://www.facebook.com/about/privacy. Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/.

Combined and Aggregated Data

We may analyze aggregated, de-identified data and share these analytics, including to marketing agencies, media agencies and analytics providers. We may also combine information from the Services with other information we obtain. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that may relate to you.

Google Analytics

We may use third-party Service Providers to monitor and analyze the use of our Services: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://www.google.com/intl/en/policies/privacy/.

Business Transaction

If BeatStars Inc. is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, BeatStars Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

BeatStars Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation;

  • To protect and defend the rights or property of BeatStars Inc.;

  • To prevent or investigate possible wrongdoing in connection with the Services;

  • To protect the personal safety of users of the Services or the public;

  • To protect against legal liability.

Security and Retention

 

We maintain appropriate technical, administrative and physical safeguards to help protect the security of your Personal Data against unauthorized access, use or disclosure. The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure.

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary for our legitimate and essential business purposes, to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

 

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and other countries and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

BeatStars will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Your Rights and Choices

 

BeatStars Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

Information for Individuals Located in the EU and Switzerland

We rely on the following legal bases to process your information: (1) as necessary to perform any contract between you and us to provide the Services; (2) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data protection; and (3) with your consent.

Users that reside in the European Economic Area (EEA) and Switzerland have the right to lodge a complaint about our data collection and processing actions with the appropriate supervisory authority. You can view the contact information for data protection authorities here.

In certain circumstances, residents of the EEA or Switzerland are entitled to the following data protection rights:

  • Right to access. You have the right to request BeatStars for copies of your Personal Data.

  • Right to rectification. You have the right to request that BeatStars correct any information you believe is inaccurate. You also have the right to request BeatStars to complete the information you believe is incomplete.

  • Right to erasure. You have the right to request that BeatStars erase your Personal Data, under certain conditions.

  • Right to restrict processing. You have the right to request that BeatStars restrict the processing of your Personal Data, under certain conditions.

  • Right to object to processing. You have the right to object to BeatStars’ processing of your Personal Data, under certain conditions.

  • Right to data portability. You have the right to request that BeatStars transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you would like to exercise any of these rights, please contact us by emailing us at privacy@beatstars.com.

Notice for California Residents

 

If you are a California resident, you can visit our Notice for California Residents to learn more about the personal information we collect and disclose about you as well as your privacy rights related to your personal information under the California Consumer Privacy Act.

Cookie Policy and Interest-based Advertising

 

When you visit our websites, we may collect information from you automatically through cookies or similar technologies. We also rely on partners to provide many features of our Sites and Services using data about your use of the Sites and Services. We use cookies for the following purposes:

  • Site Operations. To Enable features that are necessary for providing you the services on our Sites, such as keeping you signed in, tracking content views, and remembering your preferences.

  • Analytics. To allow us to understand how our Sites and Services are being used, track site performance and make improvements.

  • Advertising. To deliver tailored advertising based on your preferences or interests across services and devices and measuring effectiveness of ads.

  • Social Media. To enable the sharing of content from our Sites through social networking and other sites.

You can modify your browser settings decline or accept cookies. However, in a few cases, some of our Site features may not function as designed.

If you wish to opt-out of our sharing of the limited data that is gathered when you visit our Site for purposes of targeted digital advertising, we encourage you to visit the Network Advertising Initiative, the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising or the European Interactive Digital Advertising Initiative or more information about opting out of seeing targeted digital advertisements. Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. You may also visit these websites for more information on how you can opt back in to the sharing of data. Please note that BeatStars does not maintain this web tracking data in an identifiable manner.

Please note that opting-out of advertising networks does not mean that you will not receive advertisements while using our Sites and Services or on other websites.

"Do Not Track" Signals

We do not support Do Not Track functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Payments

We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

The payment processors we work with are:

PayPal or Braintree

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full.

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy.

Links to Other Websites

 

Our Services may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's website. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.

Children’s Privacy

 

We strive to help parents ensure that their kids have a safe experience using our Services. Parents or legal guardians can review any Personal Information collected about their child under 13 years of age, have this information deleted, request that there be no further collection or use of their child’s Personal Information, and/or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties. We take steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child’s parent or legal guardian.

Our Services do not address anyone under the age of 16 ("Children").

We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Data Protection

This Data Protection section applies to all users of any services owned or controlled by BeatStars, Inc. Furthermore, this section extends to Service Providers, Contractors, Affiliates, Vendors, Agents, and Entities; their parent company and subsidiaries, or their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (each referred to as “Parties” in the following paragraph). By executing any Agreement with BeatStars, Inc., which uses any personal information, Parties agree to abide by the following paragraph. Violation of this section is cause for termination of Service or rights granted by BeatStars, Inc. Moreover, if an agreement has been executed between BeatStars, Inc. and a Party, violation of this section is considered a material breach.

Each party shall, at its own expense, ensure that it complies with and assists Beatstars, Inc. to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any other directly applicable EU regulation relating to privacy; and (iii) and any applicable U.S Data Protection Laws, not limited to the California Consumer Privacy Act (CCPA) . This clause is in addition to, and does not reduce, remove or replace, a party's obligations arising from such requirements. Parties confirm that they will not rent or sell customer lists, contact details or other data without the customers’ express prior approval. Either party may treat a breach of this clause 15 as a reason for termination of this Agreement in accordance clause 11 of this Agreement. Furthermore, under Article 5 of GDPR both parties will comply with the following principles to ensure any personal data will be: a) Processed for limited purposes and not in any way incompatible with those purposes, b) Adequate, relevant and will not be excessive, c) Accurate Not kept for longer than necessary, d) Processed in accordance with the individual rights of any data subject, and e) Secure Not transferred to countries or other parties without adequate data protection.

Changes to This Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via prominent notice on our Services, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

 

If you have any questions about this Privacy Policy or wish to exercise one of your Data Subject rights, please contact us: