Privacy Policy

Privacy Policy

MySongbird LLC, together with its affiliates, subsidiaries and related entities (collectively “MySongbird”) are committed to protecting your privacy. MySongbird’s Privacy Policy is designed to help you understand how MySongbird collects, holds, uses and divulges the Information (as defined below) when you use its websites, web players, applications, widgets, products and/or services (collectively, the “MySongbird Services”). By using the MySongbird Services or by signing up to receive MySongbird’s newsletters, electronic messages, news, updates, contests, special offers and/or other written communications (the “MySongbird Messages”), you are accepting the practices described in this Privacy Policy.

In this Privacy Policy, “you” refers to the person using the MySongbird Services if this person is 13 years old or over, or to a parent or legal guardian if the user is under the age of 13.

WHAT INFORMATION DOES MYSONGBIRD COLLECT, HOLD, USE AND DIVULGE?

Depending on your use of the MySongbird Services, MySongbird may collect, hold, use and divulge the information that you knowingly choose to disclose and enter on any of the MySongbird Services or that you otherwise allow MySongbird to access and that can be used to identify you, such as your name, contact information, e-mail address, location, postal address, social media accounts and information about your age, your demographic information, mobile and/or computer devices (collectively, the “Information”).

You can choose not to provide certain Information, but then you might not be able to take advantage of some of the MySongbird Services. You may contact MySongbird as set forth in the Section “Contact MySongbird about Privacy” to address any issue.

MySongbird also gathers and may allow third parties to collect Information, including Information which is generated by your devices or computers when you interact with the MySongbird Services and/or the MySongbird Messages, such as location information and IP address. See Sections “Use of Cookies ” and “Online Advertising” for more information on this topic.

WHY DOES MYSONGBIRD COLLECT AND HOLD YOUR INFORMATION?

MySongbird generally collects and holds your Information to:

  • Process payment for the MySongbird Services that you purchase from MySongbird, when applicable;
  • Communicate with you concerning your account and provide timely customer service when needed;
  • Track your location for the purpose of identifying the MySongbird Services that are currently available to you;
  • Provide you with the MySongbird Services, respond to and perform your requests for the MySongbird Services, including delivering the MySongbird Services you have purchased;
  • Offer you product upgrades, and other MySongbird Services;
  • Authenticate the users of the MySongbird Services;
  • Provide you with advertising while using the MySongbird Services or third-party services;
  • If you have consented to receive such information, provide you with the MySongbird Messages and/or those of its partners and licensors;
  • Share your Content (as defined below) with other users of the applicable MySongbird Services or third-party services and platforms as detailed below;
  • Recommend you content based on your use of the MySongbird Services (collectively, the “Purposes”).

The legal basis for using the Information for the Purposes is typically a contractual basis (i.e. to provide you with the MySongbird Services) or because you have consented to such Purposes. However, MySongbird may also rely on other legal grounds, for example, where the processing is necessary for its legitimate interests or for compliance with legal obligations to which it is subject.

MySongbird’s software may include the opportunity to disable certain software features to increase your level of privacy. However, certain technical information (e.g., zip code) may be automatically transmitted between networked servers to authenticate access to the MySongbird Services, enable their delivery, or optimize your media delivery experience.

MySongbird does not rent or sell any of your Information to third parties and will not share it with third parties without your consent, unless it is necessary to do so by law or for the Purposes as set forth in this Privacy Policy.

WHEN AND HOW DOES MYSONGBIRD SHARE YOUR INFORMATION WITH THIRD PARTIES?

MySongbird may disclose your Information to its partners and licensors to the extent such disclosure is required for the Purposes. MySongbird may use third parties to facilitate its business, such as payment processors, hosting services providers, contractors for sending out e-mail updates about MySongbird and the MySongbird Services or for providing customer support services. In connection with these business operations, MySongbird’s contractors and service providers may have access to your Information collected by MySongbird for use for a limited time in connection with these business activities. Where MySongbird utilizes third parties for the processing of any Information, MySongbird implements reasonable contractual and technical protections in order for such third parties to keep all Information they process strictly confidential. Please note that these third parties may be located in other countries where the laws on processing personal information can differ from the laws of your country of residence.

MySongbird may also disclose your Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform with the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on MySongbird; (d) protect and defend the rights or property of MySongbird; (e) enforce or verify your compliance with any part of the agreements that you enter into with MySongbird, if any; (f) prevent fraud or other illegal activity perpetrated through the MySongbird Services; or (g) act in urgent circumstances to protect the personal safety of users of the MySongbird Services or the public at large.

THIRD-PARTY SERVICES AND PLATFORMS

The MySongbird Services may contain links to other websites, applications or platforms. Please read the privacy policies of these third-party websites, applications or platforms that collect personally identifiable information in order to understand their privacy policies and data collection practices. This Privacy Policy applies solely to Information collected and processed by MySongbird or on its behalf.

The MySongbird Services may sometimes offer you the possibility to post and share information regarding your activity on the MySongbird Services, including without limitation recordings of your renditions made through the applicable MySongbird Services (the “Content”), to journals, blogs, message boards, classifieds or any other form of social media platform or public forum. The use of such information that you choose to post or share will be governed by the privacy policies of such third parties. When this functionality is available, you may choose to link your MySongbird Services account to your social media accounts (e.g. Facebook, Twitter, Google+), in which event you consent to the sharing of your Information from your social media accounts to MySongbird and to having your activity on the MySongbird Services automatically shared on your social media accounts timeline and/or profile pages. You can disconnect your MySongbird account from your social media accounts by signing into your MySongbird account and selecting “Social” in Account Settings and toggling the “Connected” button to “Unconnected”. You can also turn off “Sharing” by toggling the “Sharing” button to “off”.

Children under the age of 13 will not have the possibility to share their Content through the MySongbird Services without your prior consent. Once you consent to the sharing of the children’s Content, this feature will be available for all the Content generated, including the Content generated prior to your consent, until you disactivate the functionality via the Account Settings or by contacting MySongbird as set forth in the Section “Contact MySongbird about Privacy”.

For the avoidance of doubt, you acknowledge and agree that you are solely responsible for any use by any third-party of the information and/or Content that you decide to post or share, for yourself or the children under the age of 13, on any journals, blogs, message boards, classifieds or any other form of social media platform or public forum using a functionality offered on the MySongbird Services.

HOW LONG WILL MYSONGBIRD KEEP YOUR INFORMATION?

MySongbird will retain your Information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for MySongbird’s legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Information held by MySongbird will be destroyed, deleted or made anonymous.

HOW DOES MYSONGBIRD PROTECT THE CHILDREN’S PRIVACY?

Except as otherwise provided for a specific MySongbird Service, the MySongbird Services are only available for individuals aged 13 years or older. MySongbird does not knowingly collect, hold, use or divulge any Information from children under the age of 13, unless a parent or legal guardian has consented to it. If you believe that Information has been collected from children under the age of 13 without your prior consent, you may contact MySongbird as set forth in the Section “Contact MySongbird about Privacy”.

MYSONGBIRD MESSAGES

If you have consented to receive such information, MySongbird may send MySongbird Messages to you about the MySongbird Services, and/or about products and/or services of its partners and licensors. Separate MySongbird Services and lines of business may send separate MySongbird Messages. You may opt-out of receiving MySongbird Messages as set forth in the Section “Contact MySongbird about Privacy”, or through the Preference Center accessible via the MySongbird Messages footer. However, MySongbird may continue to send you MySongbird Messages to inform you about available upgrades or critical technical service issues relating to a MySongbird Service that you requested or purchased, or to provide you with important information on your account.

SECURITY OF INFORMATION

MySongbird takes appropriate precautions to protect your Information. MySongbird uses physical, electronic, and procedural safeguards that comply with applicable regulations to protect your Information.

USE OF COOKIES

A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons, tracking pixels and mobile identifiers may be used for similar purposes. In this Privacy Policy, all of these tracking technologies are collectively referred to as “Cookies”.

MySongbird uses essential Cookies which are required for optimum operation of the MySongbird Services, and which cannot be configured or opted out. In particular, such essential Cookies are used to authenticate users of the MySongbird Services, to remember users’ custom preferences, to offer users the key functions of the MySongbird Services, to authorize access to certain premium or trial content and product features, and to secure the MySongbird Services against any attempted fraud.

MySongbird and/or its third-party partners also use non-essential Cookies in connection with the MySongbird Services and the MySongbird Messages. Such non-essential Cookies may be used to provide you with a tailored experience when visiting the MySongbird Services, to provide advertisements about goods and services likely to be of interest to you, to analyze advertising conversion rates and monetization rates, to understand traffic patterns on the MySongbird Services, to help measure and improve the effectiveness of the MySongbird Messages and to determine whether such messages have been opened and links clicked on.

Non-essential Cookies can be managed and/or disabled through your browser’s cookie settings, mobile device’s advertising settings and, in the case of the MySongbird Messages, through the Preference Center. If you refuse Cookies, you may not be able to use all of the features of the MySongbird Services, and you will still be served with advertising, but such advertising will no longer be as tailored to you.

If you want more information about how to manage and/or disable non-essential Cookies, visit http://www.allaboutcookies.org/manage-cookies/ and http://www.networkadvertising.org/. To opt out of being tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout.

Any Information collected with Cookies by MySongbird or on its behalf are treated with the same level of confidentiality as any other Information held by MySongbird.

ONLINE ADVERTISING

When you interact with the MySongbird Services and/or the MySongbird Messages, MySongbird and/or its third-party partners may collect and use certain of your Information, to provide advertisements about goods and services likely to be of interest to you. Such information may include Information collected with non-essential Cookies as set forth above in the Section “Use of Cookies” and/or Information concerning your age and gender, and other similar information that you have provided to MySongbird.

In no event will MySongbird permit advertising directed at children where it has actual knowledge that the user is under the age of 13.

To learn more about MySongbird’s advertising practices, please contact MySongbird as set forth in the Section “Contact MySongbird about Privacy”.

DO NOT TRACK

Web browsers can transmit Do Not Track (“DNT”) signals that indicate that a user does not wish to have his/her activity tracked over time and across websites. Currently, no universally accepted standard exists for how to interpret such signals, although work to create consensus is ongoing. Accordingly, and because MySongbird does not track its users over time and across third-party websites, MySongbird does not respond to such DNT signals.

CHANGES TO MYSONGBIRD’S PRIVACY POLICY

MySongbird frequently revises this Privacy Policy to keep it up to date with applicable legislation and the MySongbird Services. Updated notices may be used to alert users to recent changes and to the date of the last update, but the posting of the revised Privacy Policy on the MySongbird Services shall be considered sufficient notice to you. Unless stated otherwise, MySongbird’s current Privacy Policy applies to all Information that MySongbird has about you.

FAILURE TO COMPLY

MySongbird will take prompt corrective action when it learns of any failure to comply with this Privacy Policy. MySongbird shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

You may file a complaint with a competent authority at any time if you believe that MySongbird is not processing your Information in a manner that is compliant with this Privacy Policy or with the applicable laws.

STORAGE AND INTERNATIONAL TRANSFERS OF YOUR INFORMATION

By using the MySongbird Services, you are consenting to have your Information transferred to and processed in the United States, Canada and/or the United Kingdom. Your Information will be held by MySongbird in the United States, Canada and/or the United Kingdom. The European Commission has recognized the United States and Canada (limited to the Privacy Shield framework) as providing adequate protection to personal data. As a result, MySongbird may transfer your Information from the European Economic Area (“EEA”) to these countries without any further safeguard being necessary. MySongbird may also subcontract processing to, or share your Information with third parties located in other countries, including countries other than your home country. In such case, MySongbird will ensure that your Information is transferred to countries that have received an adequacy decision from the European Commission, or that your Information is adequately protected by appropriate technical, organizational, contractual or other lawful means.

If you would like to obtain more information on these security measures, please contact MySongbird as set forth in the Section “Contact MySongbird about Privacy”.

CONTACT MYSONGBIRD ABOUT PRIVACY

If you have questions about the privacy aspects of the MySongbird Services, would like to know more about MySongbird’s legitimate interests, would like to make a complaint, to withdraw your consent (if any), to object to the use of your Information by MySongbird, to request access to the Information MySongbird holds about you, to modify, delete or correct such Information, if you wish that MySongbird discontinues or limits the use of your Information, or if you wish to receive a copy of all Information that MySongbird has about you in a structured, commonly used and machine-readable format, please do so through the “Contact Us” section or link on the MySongbird Services, when such link is available, or please contact MySongbird at:

Your request may be accepted or denied by MySongbird based on the applicable laws.

MySongbird, LLC is the data controller for the purposes of the personal data processed under this Privacy Policy.

Last updated: July 28, 2020.