Create Your Song Privacy Policy

Effective date: February 12, 2021

Thanks for visiting Create Your Song, a service provided by Create Your Song  (“Create Your Song”, “we”, “us”, or “our”). Create Your Song is committed to treating the information of our users with respect and sensitivity. We want to transparently explain how and why we gather, store, share and use your personal data – as well as outline the controls and choices you have around when and how you choose to share your personal data. This Privacy Policy (“Policy”) aims to explain what we mean in further detail below.

1. About this Policy

This Policy sets out the essential details relating to your personal data relationship with Create Your Song. The Policy applies to all Create Your Song services and any associated services (referred to as the “Service”). The terms governing your use of the Service are defined in our Terms of Use (the “Terms of Use”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

  • Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
  • Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Service; and
  • Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see the section “Contact Us” below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the Service.

2. Your Rights and Preferences

The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of access – the right to be informed of, and request access to, the personal data we process about you;
  • Right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to erasure – the right to request that we delete your personal data;
  • Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to object – the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
  • the right to object to your personal data being processed for direct marketing purposes;
  • Right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to automated decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In addition to the rights above, you always have the following choices regarding promotional communications and notifications:

  • Promotional Communications – you may opt out of receiving promotional communications from us by following the instructions in those messages or by contacting us at any time. If you opt out from promotional communications, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

If you have any questions about your privacy, your rights, or how to exercise them, please see the “Contact us” section below for information on how to contact us. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them.

3. Information We Collect About You

Data you provide to us relating to your account (collectively, “User Data”)

Categories of Personal Data

Description of Category

User Registration Data

You will be required to provide certain required personal data to create an account, such as your name and email address.

User Profile Data

You have the option to provide us other information about yourself to personalize and enhance your experience on our Service, such as a profile photo, biography, industry credentials (e.g., IPI/CAE), address, website, audio samples, URLs to your SoundCloud or Allmusic profile, etc.

Premium Provider User Data

If you apply to be a Premium Provider, you may be required to provide your driver license or another type of identification to verify your identity.

Data we collect through your use of our Service

Categories of Personal Data

Description of Category

Usage Data

This is the personal data that is collected about you when you’re accessing and/or using the Service, including:

  • User Generated Data – When you share content using our Service or use our communication features, we collect any personal data included in that content or communication.
  • Technical Data – Information that your browser automatically sends whenever you use the Service. Technical Data includes your Internet Protocol (“IP”) address, browser type and settings, the date and time of your request, and how you interacted with the Service.
  • Cookie Data – Information from cookies stored on your device. Please see the “Cookies” section below to learn more about how we use cookies.
  • Referral Program Data – If you were referred by another user or through a third party partner or otherwise is a part of our referral program, we will have data about your participation in the program.

Payment and Purchase Data

Our payment processors collect your payment information such as your name and credit card information when you engage in purchasing goods and services from other users or if you are applying for or paying for a premium subscription to our Service.

Research, Surveys, and Contest Data

When you complete any forms, participate in research, respond to a survey or questionnaire, or participate in a contest or sweepstakes, we collect the personal data you provide.

Data we about you we receive from other sources

We collect personal data about you from various third parties. These third party sources vary over time and include the following:

Categories of Third Party Sources

Description of Category

Authentication Partners

If you register for or log into our Service using third party credentials (e.g. Facebook) or Spotify credentials, we will import your information from such third parties or Spotify to help create your account with us.

Avatar Provider

If you are a registered Gravatar user, your global unique avatar may appear in your account.

Customer Management Partner

We may obtain certain data about your public presence, such as your Twitter handles and Facebook URL, as well as location data base on your IP address from our customer management partners to allow us to personalize your experience on the Service and also verify you are a real person.

4. Use of Personal Data

When you use or interact with the Service, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 3) used for these purposes:

Description of why we process your personal data (“processing purpose”)

Legal basis for processing purpose

Categories of personal data used for the processing purpose

To provide and personalize the Service.

  • Performance of a contract
  • Legitimate interest
  • Consent

User Data

Usage Data

Payment and Purchase Data

To understand, diagnose, troubleshoot, and fix issues with the Service.

  • Performance of a contract
  • Legitimate interest

User Data

Usage Data

To evaluate and develop new features, technologies, and improvements to the Service.

  • Legitimate interest
  • Consent

User Data

Usage Data

To vet potential Premium Providers.

  • Performance of a contract
  • Legitimate interest
  • Consent

User Data

For marketing, promotion, and advertising purposes.

  • Legitimate interest
  • Consent

User Data

Usage Data

To comply with legal obligations and law enforcement.

  • Compliance with legal obligations
  • Legitimate interest

User Data

Usage Data

Payment and Purchase Data

Research, Surveys, and Contest Data

To fulfill contractual obligations with third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content.

  • Legitimate interest

User Data

Usage Data

Payment and Purchase Data

To establish, exercise, or defend legal claims.

  • Legitimate interest

User Data

Usage Data

Payment and Purchase Data

Research, Surveys, and Contest Data

To conduct business planning, reporting, and forecasting.

  • Legitimate interest

User Data

Usage Data

Payment and Purchase Data

Research, Surveys, and Contest Data

To process your payment.

  • Performance of a contract
  • Compliance with legal obligations

User Data

Usage Data

Payment and Purchase Data

To detect fraud, including fraudulent payments and fraudulent use of the Service.

  • Performance of a contract
  • Compliance with legal obligations
  • Legitimate interest

User Data

Usage Data

Payment and Purchase Data

Research, Surveys, and Contest Data

To conduct research, contests, surveys, and sweepstakes.

  • Performance of a contract
  • Legitimate interest
  • Consent

User Data

Usage Data

Research, Surveys, and Contest Data

5. Sharing of Personal Data

We may share or disclose your personal data under the following circumstances, or as otherwise described in this Policy:

  • By you, with your consent or at your direction. When you interact with other parties on our service you may be sharing your personal data. When you share information or content via the Service, you should think carefully about what you are sharing. Additionally, if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent.
  • Service Providers. To assist us in meeting business operations needs and to perform certain services and functions: providers of hosting, email communication and customer support services, analytics, marketing, advertising (for more details on the third parties that place cookies through the Service, please see Section 6 below). Pursuant to our instructions, these parties will access, process or store personal data in the course of performing their duties to us.
  • Marketing Partners. We may share personal data with certain marketing and advertising partners to serve you marketing communications about the Service.
  • Within the Spotify group of companies. We will share your personal data with our parent company Spotify and affiliates to carry out our daily business operations and to enable us to maintain and provide the Service to you.
  • Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your personal data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements. We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to a valid legal process, such as a search warrant, a court order, or a subpoena. We also will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

6. Cookies

The Service uses cookies to operate and administer the Service, gather certain Usage Data, and make it easier for you to use the Service during future visits.

A “cookie” is a piece of information sent to your browser by a website you visit. By choosing to use our Service after having been notified of our use of cookies in the ways described in this Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of your consent, you agree to such use.

The Service uses the following technologies:

  • Strictly Necessary Cookies: Used to provide Users with the Service and to use some of their features, such as the ability to log-in and access to secure areas. These cookies are served by us and are essential for using and navigating the Service. Without these cookies, basic functions of our Service would not work. Because these cookies are strictly necessary to deliver the Service, you cannot refuse them.
  • Analytics/Performance Cookies: Used to better understand the behavior of the Users on our Service and improve our Service accordingly, for example by making sure Users are finding what they need easily.

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Services and you may not be able to benefit from the full functionality of the Service. If you access the Service on your mobile device, you may not be able to control tracking technologies through the settings. Further information on cookies is available at www.allaboutcookies.org.

7. Links

Please note that this Policy only applies to the Services. When using the Services, you may find links to other websites not operated or controlled by us (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Policy. By providing these links we do not imply that we endorse or have reviewed these Third Party Sites. Please contact any Third Party Sites directly for information on their privacy practices and policies.

8. Security

We use appropriate technical and organizational safeguards to help us protect the security, integrity and confidentiality of data stored on our systems that are designed to protect against unauthorized access, loss, misuse or alteration.

Your password protects your user account, so we encourage you to use a strong password that is unique to your Create Your Song account, never share your password with anyone, limit access to your computer and browser, and log out after having used the Service. Access to your data and account activity is restricted to those providing required credentials and who have a need for access, such as our system administrators, support staff or contractors that help us provide the Service.

9. Retention and Deletion

We keep your personal data only as long as necessary to provide you with the Service and for legitimate and essential business purposes, making data-driven business decisions about new features and offerings, such as maintaining the performance of the Service, complying with our legal obligations, and resolving disputes. We keep some of your personal data, such as your user data and user content, for as long as you are a user of the Service or have an account with us.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:

  • If there is an unresolved issue relating to your account, such as an unresolved claim or dispute, we will retain the necessary personal data until the issue is resolved;
  • Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, such as certain financial transaction history, we will retain the necessary personal data for the necessary period; and/or,
  • Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

10. Transfer to Other Countries

Create Your Song may share your personal data globally with its parent company and affiliated companies in order to carry out the activities specified in this Policy. Create Your Song may also subcontract processing to, or share your personal data with, third parties located in countries other than your country. Therefore, your personal data may be processed by us in the country where it was collected as well as other countries, including the United States, where laws regarding data protection may be less stringent than the laws in your country. In such instances Create Your Song will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place.

11. Protecting Children’s Privacy

The Service is not designed nor intended for use by children under the age majority. We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Service, and do not provide any personal data to us. If we learn that we have collected the personal data of a child under the Age Limit, we will take reasonable steps to delete the personal data. This may require us to delete the Create Your Song account for that child.

12. Changes to this Policy

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. Please check back here periodically or contact us at the address listed at the end of this Policy if you have questions about our Policy.

13. Contact Us

The Service is owned and operated by Create Your Song, Inc. If you have any questions or with respect to this Policy, please email us at privacy@CreateYourSong.com.

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