PRIVACY POLICY FOR CALIFORNIA RESIDENTS

Effective date: 03/08/2021

This Privacy Policy applies to any California residents about whom we have collected personal information from any source, including through your use of our Sites, by buying products or services, or by communicating with us electronically, in paper correspondence, or in person (collectively, “you”). We provide this Privacy Policy to comply with applicable privacy laws, including the California Consumer Privacy Act of 2018 (“CCPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in the online Privacy Policy.

The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “personal information,” as well as rights to access, delete, and restrict the sale of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights by completing the online webform provided here or by emailing us at privacy@beatstars.com. For more information about our general privacy practices, please view our online Privacy Policy.

If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access BeatStars’ Privacy Policy for California Residents by emailing privacy@beatstars.com.

I. DEFINITIONS

For the purposes of this Privacy Policy, except where a different definition is noted, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include publicly available information, information that has been de-identified or aggregated, or other information covered by certain sector-specific privacy laws.

II. CCPA DISCLOSURES AND RIGHTS

A. Personal Information We Collect

BeatStars may collect, or has collected, the following categories of personal information about you over the last twelve (12) months:

• Identifiers, which includes your name and username; birthday; email address, mailing address, and telephone number; online identifiers as detailed below including IP address or device IDs; name, and password; government-issued identification card number; and/or other similar identifiers.
• Payment and financial information, including your credit or debit card number, PayPal email address, and/or other financial information.
• Commercial information, which includes records of music recordings; products or services including subscriptions purchased, obtained, or considered; participation in working with Sony Music Publishing; account balances, payment history, or account activity; bank account information and other information relating to your financial institution; and/or other purchasing or consumer histories or tendencies.
• Information relating to Internet activity or other electronic network activity, which includes your browsing history and Site usage information, interactions with ads, IP address, cookie identifiers, clear gifs (web beacons/web bugs), browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, device platform, and device version.
• Geolocation data, which includes Global Positioning System (“GPS”) data based on your IP address.
• Audio, electronic, or visual information, which includes music recordings, images and comment that you or others submit to our Site to be featured, displayed, or streamed on our Site; and recordings of calls to or from our customer service centers.
• Inferences drawn from personal information listed above which includes preferences, such as your listening preferences, interests and other information, used create a profile about you in order for us to personalize ads and content.
• Information not listed above and related to characteristics protected under California or federal law, which may include gender, if you display it on your profile or elsewhere on the platform.

B. What We Do With Your Information

BeatStars may collect, use, or disclosure personal information about you for the following purposes:

• Provide our Services to you (such as account registration) and maintain the Platform and your account;
• Market and sell our products and services;
• Bill you for services and process subscription payments;
• Provide you with a personalized content and ads;
• Operate and maintain safe, secure and reliable Services and Sites;
• Improve our operational efficiency and provide you with better products and services;
• Perform research and development;
• Contact you in response to an inquiry that you sent;
• Send you messages and information related to our products and services, support and administrative messages, technical notices, updates, alerts, and other information;
• Send you information about services and programs we offer that may be of interest to you;
• Recommend artists to our business partners for publishing engagements;
• Detect and prevent fraud and abuse, including perform identity verification;
• Perform accounting, audits and other internal functions; and
• Comply with 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; (iii) processing employment applications; and (iv) systems and data security.

C. Sources of Collected Information

We may collect personal information from the following categories of sources:

• From you, including via our Sites, telephone, postal mail, social media, forums, or other means
• Business partners that promote and/or offer services
• Advertising networks
• Social networks with whom you choose to connect your BeatStars account to
• Other third parties, which includes payment portals you opt to use outside of those authorized by us, operators of other websites and mobile applications, and other data suppliers
• Other sources, including things that other third parties may post publicly about you or otherwise provide to us

We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.

D. Who We Share Your Information With

We limit our disclosure of the categories of personal information above to our service providers for one or more business purposes. We may also provide your personal identifiers such as name, email address, and phone number to our business partners, including Sony Music Publishing, for consideration for potential publishing when you have expressly directed us to do so by filling out a publishing application.

We do not sell your personal information to third parties, including personal information of minors under 16 years of age. As with nearly every e-commerce company, we do share a limited set of data that is gathered when you visit our Site, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements. To the extent this activity is interpreted as included in California’s broad definition of “data sale”, we have provided you with opt-out rights as to that activity as described in Section II(f) below.

In the last twelve (12) months, we’ve disclosed certain personal information to the following categories of third parties:

Categories of third parties

Categories of personal information disclosed

Other users and artists through the Services, including artists

Identifiers; audio, electronic, or visual information; and information related to characteristics protected under California or federal law

Business partners such as Sony Music Publishing

Identifiers; commercial information; and audio, electronic, or visual information

Advertising partners

Identifiers; information relating to Internet activity or other electronic network activity; geolocation data; inferences drawn

Social networks

Identifiers; information relating to Internet activity or other electronic network activity; audio, electronic, or visual information; information related to characteristics protected under California or federal law

E. 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, Affiliates, 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 U.S Data Protection legislation, including but 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 hereunder. You confirm that you will not rent or sell customer lists, contact details or other data without the customers’ express prior approval. 

F. Your Privacy Rights

If you are a California resident, you have the following rights under applicable California law in relation to your personal information, subject to certain exceptions:

• Right to Know. You have the right to, up to twice in a 12-month period, request what personal information we collect, use, disclose, and/or sell, as applicable.
• Right to Delete. You have the right to request under certain circumstances the deletion of your personal information that is collected by us.
• Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by a business.
• Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on. In order to verify you, you must provide us with your email address and your BeatStars username. These rights are also subject to various exclusions and exceptions under applicable laws.

You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to privacy@beatstars.com.

We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect personal information from any person under the age of 13.

We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. BeatStars reserves the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

You may exercise any of the rights described in this section by completing the online webform provided here or by emailing us at privacy@beatstars.com.

G. Notice of Right to Opt-Out

We do not sell your personal information. 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 and/or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements. 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.

We will continue to update our business practices as direct regulatory guidance becomes available. For more information on interest-based advertising, please visit our Privacy Policy and Cookie Policy.

H. How To Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us by completing the online webform provided here or by emailing us at privacy@beatstars.com.

III. CALIFORNIA “SHINE THE LIGHT” LAW

California residents additionally have the right to request information regarding third parties to whom BeatStars has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes under California’s “Shine the Light” law (Cal. Civ. Code §1798.83). Personal information under this California law means “any information that when it was disclosed identified, described, or was able to be associated with an individual.” We do not disclose this type of personal information to third parties for their own purposes and we permit you to opt-out of any disclosures of non-identifiable personal information. However, if you are a California resident and would like to inquire further, please email privacy@beatstars.com.