Privacy Policy (Last Updated February 2, 2016)

EarCrush, Inc. ("EarCrush" or "we") provides this privacy policy (“Privacy Policy” or “Policy”) to inform you, as a user of our Platform, including as an Artist, Industry Professional or Fan (“you” or “user”), of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website, accessible at earcrush.com (the "Website") and from the services, features and content used in connection with the Website (collectively “Platform”). Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our EarCrush Terms of Service (“TOS”), accessible at Terms & Conditions .

Updates

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy via the Platform and providing notice to you via email. Continued use of the Platform constitutes your acceptance of the updated Privacy Policy. You are advised to consult this Policy regularly for any changes.

Our Policy Toward Children

We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at support@earcrush.com. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files. You affirm that you are at least 18 years of age. If you are not 18 years of age but you are at least the age of 13, you may use this Platform only if your parent or guardian agrees to this Privacy Policy and TOS. Parent and guardians of users who are at least 13 years old but under the age of 18 agree to this Privacy Policy, and any reference to “you” or “user” shall include the parent or guardian

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Platform and to enable users to enjoy and easily navigate the Platform.

Personal Information

When you register with us through the Platform, we may ask you for personally identifiable information, including your first name, last name, stage name, email address, username, location or other information that personally identifies you (“personal information”). Unless you otherwise opt-in for other uses, we only use the personal information you provide internally in order to provide you with the Platform and to administer your inquiries, as further described in this Policy.

Your Content

We may also collect other information that you provide to us as part of your use of the Platform that may or may not personally identify you, such as your music preferences and other answers and information you provide during registration or distribute on your Platform profile and other information that you may link to your Platform profile, such as your information in your Social Media Accounts and MailChimp email account (your "Content"). Your Content may contain personal information. You understand that any Content you put on your Platform profile is public for other users of the Platform to view. We use your Content information internally to provide you with the Platform and administer your inquiries, as further described in this Policy.

User Data

Our Platform utilizes an API that collects user data and analytics about a user’s engagement and popularity on the Platform, including metrics about a user’s engagement on the Platform, Social Media Account data, Content data (including MailChimp metrics), data about your Gigs, and other data that results in a user’s Rankings, EarCrush Score and Reports as further described in the TOS (collectively “User Data”). The User Data may contain personal information. We use your User Data internally to provide you with the Platform and to administer your inquiries, as further described in this Policy. You understand that your EarCrush Score and Ranking will be public to other users of the Platform. If you opt-in, we may also share your User Data with third parties as further described in the below section “Information Sharing and Disclosure” in order to facilitate deals, such as Gigs and Sponsorships with Industry Professionals and other third parties, including record deals and other jobs.
Your personal information, Content and User Data that you provide and that we collect and use is reasonably necessary for us to provide you with the Platform and respond to inquiries as you would expect from us, including:
We may use your email address to contact you with general information regarding the EarCrush Platform, including notification messages, promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the “unsubscribe” instructions provided in any of the communications or contact us via email at support@earcrush.com.

Log Data

When you visit the Platform, our servers may automatically record information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Platform, pages of our Platform that you visit, the time spent on those pages, information you search for on our Platform, log-in status including access times and dates, and other statistics.
We use the Log Data in order to improve our Platform, including to increase our Platform’ functionality and user-friendliness and to better tailor our Platform to our users' needs. We also use Log Data in order to verify that users of the Platform meet the criteria required to process their requests.

Google Analytics

We use service providers such as Google Analytics to collect, monitor and analyze this Log Data in the aggregate, and, accordingly, this Log Data may be shared with Google and potentially other service providers that have their own privacy policies (for example at http://www.google.com/policies/privacy/) addressing how each party uses such information. We do not share your personal information in connection with such Log Data.

Cookies

Like many online services, we use "cookies" to collect some Log Data. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your log-in information for future logins to the Platform. Second, we utilize session ID cookies to enable certain features of the Platform, to better understand how you interact with the Platform and to monitor aggregate usage by users and web traffic routing on the Platform. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Platform and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Platform.

Information Sharing and Disclosure

Generally, we do not share your personal information with third parties. Your personal information and/or Content or Usage (which may contain your personal information), however, may be shared with third parties in certain circumstances, and you consent to such sharing, as follows:

Personal Information (Your Content and Use Data)

EarCrush does not share your personal information with any third parties except as provided in this Policy. EarCrush may share your name and Social Media posts with other users of the Platform that are searching for specific Content or artists on the Platform. You understand that any Content that you post to your Platform profile and your EarCrush Score and Ranking are public to other users of the Platform. You may opt-in to EarCrush sharing your User Data with third parties such as Industry Professionals in order to facilitate Gigs, Sponsorships, and other services, including records deals and promotions. In the event you opt-in to the sharing of your User Data, you acknowledge and agree that we do not have any control over how third parties may use your User Data. Except as provided here, EarCrush does not otherwise share your personal information with third parties.

Aggregate Information (Log Data)

We may share anonymous, aggregated information that does not identify you personally, including Log Data, with third parties for industry analysis, profiling, and benchmarking. Any anonymous, aggregated information shared in these contexts will not contain the personal information provided by you.

Service Providers

We may employ third party companies and individuals to facilitate our Platform, to provide the Platform or parts thereof on our behalf (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Platform’ features) or to assist us in analyzing how our Platform is used. These third parties may have access to personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

EarCrush cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of EarCrush or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers

EarCrush may sell, transfer or otherwise share some or all of its assets, including personal information, in connection with a merger, acquisition, reorganization or sale of our assets or in the event of bankruptcy.

Changing or Deleting Your Information

You may review, update, correct or delete the personal information you distribute on your Platform profile at any time, including your Content. You may also suspend your Platform profile at anytime, so that no other users will see your Platform profile information until you opt to un-suspend your profile. You may also delete your Platform profile or all or part of your Content on your Platform profile at anytime, but once deleted, you may not be able to recover such information or Content. Your Content may also be deleted in the event your account is terminated for any reason. If you have any questions about your personal information, please contact us at support@earcrush.com. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

EarCrush is concerned with safeguarding your information, and we use reasonable efforts to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. All EarCrush servers are hosted on Amazon Web Services (AWS), which utilizes industry standard AES-256 encryption. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, EarCrush transfers personal information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Platform may contain links to other websites. If you choose to visit a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at support@earcrush.com.


Earcrush ©2016