BeatStars Privacy Policy

Last updated: July, 20, 2023

BeatStars Inc. and BeatStars Music Publishing LLC (collectively referred to hereinafter as "BeatStars", "us", "we", or "our") is committed to protecting Your (the term “You” or “Your” shall also apply to You whether You are acting in Your individual capacity or as the authorized representative for an artist, band, group, or corporation, in which case “You” or “Your” shall refer to the artist, band, group, or corporation on whose behalf You are acting and authorized to act.) privacy online. We are also committed to providing You with the very best experience we can on our website at BeatStars.com, BeatStars.world, 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 Privacy Policy also describes how we use Your Personal Data, the purpose for sharing it, and the recipients of Personal Data along with  Your rights and choices associated with that data. 

By using BeatStars, You are consenting to the practices described in this Privacy Policy

This Privacy Policy explains the following:

  1. Definitions
  2. Roles
  3. Collection of Personal Data
  4. Use of Personal Data
  5. BeatStars’s Purpose and Legal Bases for Collection of Biometric Data
  6. Sharing Personal Data (Not Including Biometric Data)
  7. Sharing Biometric Data
  8. Security and Retention
  9. Data Storage of Biometric Data
  10. Disclosure and Authorization of Biometric Data 
  11. Transfer of Data
  12. Your Rights and Choices
  13. Notice for California Residents
  14. Cookie Policy and Interest-based Advertising 
  15. Links to Other Websites
  16. Jurisdictional Data Protection 
  17. Changes to This Privacy Policy
  18. Contact Us

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 Privacy Policy for California Residents. California-based users can opt out of performance, targeting, and social media cookies and SDKs by selecting the “Do Not Sell or Share My Personal Information” link in their cookie or SDK settings. Virginia-based users can opt out of performance, targeting, and social media cookies and SDKs by selecting the “Opt out of sale of personal data and Targeted Advertising” link in their cookie or SDK settings.

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 Service, to 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 of Service.

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. You may also email us at privacy@beatstars.com should You have any further questions or require additional information after reading this document.

I. Definitions

Personal Data

“Personal Data” means any information that relates to an identified or identifiable natural person .

Processing

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

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 the natural or legal  person, public authority, agency, or other body which alone or jointly with others, 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, BeatStars is a Data Controller of Your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means the natural or legal 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.

Consent

“Consent” of the Data Subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies.

Biometric Data

“Biometric Data” means Personal Data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.

II. Roles

  1. Data Controller

A Data Controller is the legal entity that determines the means and the purposes of any processing activities that it carries out. BeatStars is the Data Controller of Your Biometric Data. 

  1. Data Processor 

A Data Processor is the legal entity that carries out the processing activities on behalf of the Data Controller. Veriff OÜ’s is the Data Processor of Your Biometric Data.

  1. Data Protection Officer

BeatStars has appointed a Data Protection Officer (“DPO”) in connection with this Global Biometric Privacy Notice. The DPO ensures that BeatStars remains compliant with the GDPR and the UK GDPR and any other applicable Data Privacy Laws. The DPO is available to respond to Your questions and concerns regarding the processing of Your Biometric Data as well as to assist with any other privacy related inquiries.

III. Collection of Personal Data

We collect several different types of Personal Data, including Biometric Data, for various purposes to provide and improve our Services to You. Any personal data that is collected through the processing of an individual’s physical, physiological, or behavioral characteristics, which allow or confirm the unique identification of that specific individual is considered Biometric Data. We process this information pursuant to our legitimate interest in providing You the Services and the best user experience on our Sites, including our identity verification system,  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 knowingly collect or sell any Personal Information from Users under the age of 13. If You are a User under the age of 13, please do not send any Personal Information to us. If we learn we have collected Personal Information from a User under the age of 13, 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 • Your first and last name, email address, telephone number and Your password;
• Your payment and financial information such as Your PayPal email address or billing address
Public Profile information • Information to Your profile on BeatStars, which may be made public, including Your username, the city or country You live in, profile photo, links to Your music recordings and social media profiles.
Identification, Contact and Basic Biographical Information • Personal information such as name, sex, personal identification code, BSN number, date of birth, estimated age, legal capacity, nationality, citizenship, organ donor status, eye color, weight and height, as well as the historic data that may have been stored during previous interactions within the retention periods;
• Identity verification data, such as photographs taken from You and Your document, and video and sound recording of the verification process;
• Contact details, such as address, e-mail address, telephone numbers, IP address and, if relevant, presented document type (e.g. utility bill);
• Personal information provided by You, e.g. data from communications with us, feedback data
Document Details • Document details, such as the name of the document, issuing country, number, expiration date, information embedded to document barcodes (may vary depending on the document) and security features
Technical Data • Technical data (Device Signature), including but not limited to information about the date, time and Your activity, Your IP address and domain name, Your software and hardware attributes as well as Your general geographic location (e.g. city, state, country);
• Machine-readable data, metadata and device and network information
Biometric Data Photos and videos as well as data, such as face scans and other measurements, extracted from the same which are used to authenticate You or compare Your face to identity document photos - some of this extracted data may be considered Biometric Data and/or sensitive Personal Data (also special category of personal data, hereinafter referred to as “Sensitive Personal Data and/or Special Categories of Personal Data”) in certain jurisdictions
Publicly Available Data Publicly available relevant data and data from external registries, e.g. information about being a politically exposed person (PEP), checks in public sanction lists and other information from such registries
Compliance Data Evidence and records of legal basis (including consents), for example in cases where we are required or have elected to obtain a consent or a written release or another legal basis prior to processing certain Personal Data
Financial and/or Transactional Data • Bank account,
• Payment card details,
• Virtual currency accounts,
• Stored value accounts,
• Amounts associated with accounts,
• External account details,
• Source of funds and related documentation.
• Details about payments to and from You,
• Other details of any transactions You enter into using the Services, Site or App
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.
Profile Data • Your username and password,
• Your identification number as our user,
• information on whether You have BeatStars account and the email associated with Your accounts,
• requests by You for products or services,
• Your interests, preferences and feedback,
• other information generated by You when You communicate with us, for example when You address a request to our customer support.
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.
• 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.
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.
Sensitive Personal Information • When You visit our websites and applications, we may collect sensitive Personal Information, such as Social Security number, driver’s license, state identification card, or passport number, Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, Precise geolocation, or Biometric information processed to uniquely identify an individual.
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 of 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 settings 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 privacy settings in the Google activity controls page.

IV. 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 fulfill 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, and/or our sellers 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 music, publishing engagements, and other opportunities;
  • 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; (iii) processing employment applications; and (iv) 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.

We use Sensitive Personal Information to Perform services for our business, provide goods or services as requested by individuals, and ensure security and integrity, process and fulfill orders, maintain and service accounts, provide customer service, verify customer information, and to process payments and to perform activities relating to quality and safety control or product improvement.

V. BeatStars’s Purpose and Legal Bases for Collection of Biometric Data

BeatStars, its vendors, and/or licensors of BeatStars’s identify verification software collect, store, and use Your Biometric Data solely for customer identification, fraud prevention, and platform security purposes.

Your consent, as it is defined in the Definitions section above, to the collection and processing of Your Biometric Data under this Privacy Policy provides the legal basis for our ability to do so. After You review this Privacy Policy, You will have the opportunity to consent to the collection and processing of Your Biometric Data. If You do not consent to the collection of Your Biometric Data, then an alternate method will be provided to You to verify Your identity in connection with the purpose stated in the preceding paragraph. To obtain this alternate method of identity verification, please reach out to privacy@beatstars.com.

As it relates to the GDPR and the UK GDPR, and for purposes of this Privacy Notice:

Most of the processing of Your Biometric Data is performed under GDPR Art. 6(1)(a), on the basis of consent to process Your Biometric Data (e.g. processing of Your information for security purposes as preparation for entering into an publishing contract with You, or enabling BeatStars to pay out funds that belong to You).

In limited cases, not covered by the legal bases above, BeatStars may process Your Biometric Data under GDPR Art. 6(1) pursuant to the following legal bases:

  • GDPR Art. 6(1)(b), which permits processing that is necessary for the performance of a contract You have with us or in order to take steps at Your request prior to entering into a contract with us;
  • GDPR Art. 6(1)(c), which permits processing that is necessary for compliance with a legal obligation to which BeatStars is subject to;
  • GDPR Art. 6(1)(d), which permits processing that is necessary in order to protect Your, or another person’s, vital interests; or
  • GDPR Art. 6(1)(f), which permits processing that is necessary for the purposes of BeatStars, or a third party’s, legitimate interests pursued, except where such interests are overridden by Your interests or fundamental rights and freedoms, in particular where You are  a child.

Sharing of Personal Data (Not Including Biometric Data)

BeatStars does not rent, or trade Your Personal Information with unaffiliated third parties. We share Your Personal Data with the entities listed below.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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. In the preceding 12 months, we shared the following types of Personal Data with outside companies for cross-context behavioral advertising: Personal Identifiers, Personal Information, Purchase Information, Internet or Online Information, Geolocation Data, Inferences.

  1. 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, such as pages visited and videos watched, 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. To revoke Your permission, please click here

  1. 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.

  1. 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: http://www.google.com/intl/en/policies/privacy/.

VI. Business Transaction

If You make a purchase, we may share Your email with the Seller so that they can reach out to You, offer products, or offer items that are similar to those that You have already purchased or enquired about. Also, 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.

  1. 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).
  2. 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.

VII. Sharing of Your Biometric Data

BeatStars will not disclose or disseminate any Biometric Data to anyone other than its vendors, service providers and/or the licensors of BeatStars’s identity verification software providing products and services using Biometric Data without/unless: 

  1. First obtaining written Your consent to such disclosure or dissemination; 
  2. The disclosed data completes a financial transaction requested or authorized by You; 
  3. Disclosure is required by state or federal law or municipal ordinance; 
  4. Disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction; or
  5. Disclosure is made by or to a law enforcement agency for a law enforcement purpose.

VIII. 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.

BeatStars shall retain Your Biometric Data only until, and shall request that its vendors and the licensors of BeatStars’s identity verification software permanently destroy such data when, the first of the following occurs: The initial purpose for collecting or obtaining such Biometric Data has been satisfied (e.g., verification no longer required after termination of Your account with BeatStars), or within 3 years of Your last interaction with BeatStars. 

In accordance with CUBI, the following retention schedule applies:

BeatStars shall retain Your Biometric Data only until, and shall request that its vendors and/or the licensors of BeatStars’s identity verification software permanently destroy such Biometric Data the later of (1) one year after the purpose for collecting the identifier expires, or (2) one year after any recordkeeping obligations imposed by law in connection with the collection of the biometric identifier expires.

In accordance with the WBPA, the following retention schedule applies:

BeatStars will not retain Your Biometric Data longer than is reasonably necessary to (i) Comply with a court order, statute, or public records retention schedule specified under federal, state, or local law; (ii) Protect against or prevent actual or potential fraud, criminal activity, claims, security threats, or liability; and (iii) Provide the services for which the biometric identifier was enrolled.

IX. Data Storage of Biometric Data 

BeatStars shall use a reasonable standard of care and shall request that its vendors and/or the licensors of BeatStars’s identity verification software store, transmit and protect from disclosure any paper or electronic Biometric Data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is industry standard and/or the same as, or more protective than, the manner in which BeatStars stores, transmits and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property, such as account numbers, PINs, driver’s license numbers and social security numbers.

X. Disclosure and Authorization of Biometric Data 

To the extent that BeatStars, its service providers, and/or the licensors of BeatStars’ verification software collect, capture, or otherwise obtain Biometric Data relating to You. BeatStars will:

  • Inform You in writing that BeatStars and/or, its vendors, service providers and/or the licensors of BeatStars identity verification software are collecting, capturing, or otherwise obtaining Your Biometric Data, and that BeatStars is providing such Biometric Data to its  its vendors, service providers and/or the licensors of BeatStars identity verification software (which You hereby acknowledge that You have received); 
  • Inform You in writing of the specific purpose and length of time for which Your Biometric Data is being collected, stored, and used, (which You hereby acknowledge that You have received); 
  • Receive a written release signed by You (or Your legally authorized representative) authorizing BeatStars, its vendors, service providers and/or the licensors of BeatStars’s identity verification software to collect, store, and use Your Biometric Data for the specific purposes disclosed by BeatStars, and for BeatStars to provide such Biometric Data to its vendors, service providers and/or the licensors of BeatStars’s identity verification software; and 
  • Provide a mechanism to prevent the subsequent use of a biometric identifier for a commercial purpose.

BeatStars, its vendors, and/or the licensors of BeatStars’s identity verification software will not sell, lease, trade, or otherwise profit from Your Biometric Data; provided, however, that BeatStars’s vendors, service providers and/or the licensors of BeatStars’s identity verification software may be paid for products or services used by BeatStars that utilize such Biometric Data.

XI.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 from those in Your jurisdiction.

If You are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the 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.

XII. 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 or filling out this link.

With respect to the collection and processing of Your Biometric Data, You have the following rights:

  1. The right to request access to, correction of, or erasure of Your Biometric Data;
  2. The right to request that processing of Your Biometric Data be restricted;
  3. The right to object to the processing of Your Biometric Data or to its portability;
  4. The right to withdraw consent at any time; and
  5. The right to lodge a complaint with a supervisory authority. You can exercise those rights here.

You shall also have the additional jurisdictional rights as stated in our BeatStars Privacy Policy, which can be found here

To exercise the foregoing rights, please use this form or contact us by emailing privacy@beatstars.com.

XIII. Notice for California Residents

If You are a California resident, You can visit the BeatStars Privacy Policy 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.

XIV. 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 for 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 into 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  other websites.

  1. "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.

  1. 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:

XV. 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.

XVI. Jurisdictional 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 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. 

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.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents have certain rights around BeatStars collection, use, and sharing of their Personal Information. BeatStars does not sell Your Personal Information and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of Your Personal Information.As of January 1, 2023 You have the right to opt-out of sharing Your Personal Information with third parties for the purposes of targeted behavioral advertising, which You can do in our cookie preferences center. BeatStars collects various categories of Personal Information when You use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BeatStars collects and how we use it is provided above in the sections entitled “Collection of Personal Data” and “Use of Personal Data”. The section entitled, “Sharing Personal Data”categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If You are a resident of California, You have the right to request to know what Personal Information has been collected about You, and to access that information. You also have the right to request deletion of Your Personal Information, though exceptions under the CCPA may allow BeatStars to retain and use certain Personal Information notwithstanding Your deletion request. As of January 1, 2023 You have the right to request correction of inaccurate Personal Information and to request to limit disclosure or use of Your sensitive Personal Information. Please note, however, that any right to request correction is limited by the legal rights of BeatStars and its users relating to content on BeatStars platform, including without limitation legally protected rights related to freedom of speech, freedom of the press, or freedom to information. You can submit a data rights request by visiting this page. You may also send Your request by email to privacy@beatstars.com. Information on the number of requests BeatStars has received in California is available upon request to privacy@beatstars.com. We will not discriminate against You for exercising Your rights under the CCPA. An agent may submit a request on Your behalf, but You must verify that Your agent is authorized to do so. BeatStars does not knowingly sell or share the Personal Information of consumers under 16 years of age. Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what Personal Information they share with third parties for those third parties’ direct marketing purposes. We do not disclose Your Personal Information to third parties for the purpose of directly marketing their goods or services to You unless You agree to such disclosure. BeatStars does not sell and has not, within at least the last 12 months, sold Personal Data, including Sensitive Personal Data that is subject to the CCPA’s sale limitation. If You have any questions regarding this policy, or would like to change Your preferences, You may contact us at privacy@beatstars.com

NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. BeatStars does not sell Your Personal Information to third parties as defined in Nevada law, and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. If You have any questions regarding our data privacy practices or our compliance with Nevada data privacy law please reach out to privacy@beatstars.com. You can submit a data rights request by visiting this page.
 

VIRGINIA RESIDENTS: YOUR VIRGINIA PRIVACY RIGHTS 

Under Virginia’s Consumer Data Protection Act (“CDPA”), which goes into effect January 1, 2023, Virginia residents have certain rights around BeatStars collection, use, and sharing of their personal data. BeatStars does not sell Your personal data and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. Similarly, BeatStars does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. BeatStars may engage in “targeted advertising” as that term is defined in the CDPA. As of January 1, 2023 You have the right to opt-out of targeted advertising here. BeatStars collects various categories of personal data when You use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BeatStars collects and how we use it is provided in the sections entitled, “Collection of Personal Data” and “Use of Personal Data.” The section entitled “Sharing Personal Data” categories of third parties with whom we share Personal Information. If You are a resident of Virginia, starting January 1, 2023 You have the right to (1) request to know what personal data has been collected about You, and to access that information; (2) request to correct inaccuracies in Your personal data; (3) request deletion of Your personal data, though exceptions under the CDPA and other laws may allow BeatStars to retain and use certain personal data notwithstanding Your deletion request; and (4) obtain a copy of Your personal data. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing to privacy@beatstars.com. 

CONNECTICUT RESIDENTS: YOUR CONNECTICUT PRIVACY RIGHTS

Under Connecticut’s Data Privacy Act (“CTDPA”), which goes into effect July 1, 2023, Connecticut residents have certain rights around BeatStars collection, use, and sharing of their personal data. BeatStars does not sell Your personal data and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. Similarly, BeatStars does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. BeatStars may engage in “targeted advertising” as that term is defined in the CTDPA. As of July 1, 2023 You will have the right to opt-out of targeted advertising by visiting this page. BeatStars collects various categories of personal data when You use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BeatStars collects and how we use it is provided above in the sections entitled, “Collection of Personal Data” and “Use of Personal Data.” The section entitled “Sharing Personal Data '' categories of third parties with whom we share personal data, and what information may be shared under different circumstances. If You are a resident of Connecticut, starting July 1, 2023 You will have the right to (1) request to know what personal data has been collected about You, and to access that information; (2) request to correct inaccuracies in Your personal data; (3) request deletion of Your personal data, though exceptions under the CTDPA and other laws may allow BeatStars to retain and use certain personal data notwithstanding Your deletion request; and (4) obtain a copy of Your personal data. You can learn more about how to submit a data rights request, or appeal denial by emailing to privacy@beatstars.com.

COLORADO RESIDENTS: YOUR COLORADO PRIVACY RIGHTS 

Under Colorado’s Consumer Privacy Act (“CPA”), which goes into effect July 1, 2023, Colorado residents have certain rights around BeatStars collection, use, and sharing of their personal data. BeatStars does not sell Your personal data and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. Similarly, BeatStars does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. BeatStars may engage in “targeted advertising” as that term is defined in the CPA. As of July 1, 2023 You will have the right to opt-out of targeted advertising by visiting this page. BeatStars collects various categories of personal data when You use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BeatStars collects and how we use it is provided above in the sections entitled, “Collection of Personal Data” and “Use of Personal Data.” The section entitled “Sharing Personal Data” categories of third parties with whom we share Personal Information. If You are a resident of Colorado, starting July 1, 2023 You will have the right to (1) request to know what personal data has been collected about You, and to access that information; (2) request to correct inaccuracies in Your personal data; (3) request deletion of Your personal data, though exceptions under the CPA and other laws may allow BeatStars to retain and use certain personal data notwithstanding Your deletion request; and (4) obtain a copy of Your personal data. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing to privacy@beatstars.com.

UTAH  RESIDENTS: YOUR UTAH PRIVACY RIGHTS

Under Utah’s Data Privacy Act (“UCPA”), which goes into effect December 31, 2023, Utah residents have certain rights around BeatStars collection, use, and sharing of their personal data. BeatStars does not sell Your personal data and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. Similarly, BeatStars does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. BeatStars may engage in “targeted advertising” as that term is defined in the UCPA. As of December 31, 2023 You will have the right to opt-out of targeted advertising by visiting this page. BeatStars collects various categories of personal data when You use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BeatStars collects and how we use it is provided above in the sections entitled, “Collection of Personal Data” and “Use of Personal Data.” The section entitled “Sharing Personal Data '' categories of third parties with whom we share personal data, and what information may be shared under different circumstances. If You are a resident of Utah, starting December  31, 2023 You will have the right to (1) request to be informed of what personal data has been collected about You, and to access that information; (2) request to rectification and to have the ability to correct inaccuracies in Your personal data; (3) request deletion and erasure of Your personal data, though exceptions under the UCPA and other laws may allow BeatStars to retain and use certain personal data notwithstanding Your deletion request; (5) Right to restrict Your personal data; (6) right to data portability; and (7) right to not be subject to aauto-mated decision making. You can learn more about how to submit a data rights request, or appeal denial by emailing to privacy@beatstars.com.

Right to Know Categories of Personal Data Processed by Us

You may submit a request for the categories that we have processed about You, subject to certain exceptions. Refer to the “Your Personal Information Rights to Access, Alter, or Erase Your Personal Information” section below for information on submitting requests regarding Your rights pursuant to Your right to know under the Virginia Consumer Data Protection Act.

Right to Know the Purpose of Processing 

We allow cookies to be placed on our sites by third parties for monetary consideration for the purpose of targeted advertising by programmatic advertisers. These third parties use information from cookies, such as Your geolocation and browsing behavior to serve You personalized advertisements. We do not otherwise “sell” (as defined by the Virginia Consumer Data Protection Act) any Personal Information. We only share Your Personal Information with others for the limited purpose of providing the Service to You. If You are a Virginia site visitor or user, then You must select the “Opt out of sale of personal data and Targeted Advertising” link available on the Service to block (opt out of) targeted advertising cookies from our Service on Your device.  Opting out via the link will place a strictly necessary cookie on Your device to identify You in future interactions with our Service so that targeted advertising cookies are not placed during those subsequent interactions. You may contact us at privacy@beatstars.com for additional information about Your opt out rights.  Please see the Cookie and Internet Advertising Policy for additional information about cookies on or related to our Service and steps You can take with respect to those cookies. 

XVII. 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.

XVIII. Contact Us

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