Effective Date: Nov 15th, 2022
Last Updated Date: June 12, 2020
2. ABOUT VNYL
VNYL is a music discovery platform that lets users build catalogs and interact with music from most major streaming applications. Our mission is twofold: reconnect fans with music and share data with artist and labels to show how the music they create impacts their fans.
We help our Customers and Users in a variety of ways including but not limited to:
Our business is based on providing services to our customers related to two major categories of data: (a) title attribute data and, (b) media consumption data. Title attribute data pertains to the metadata surrounding any single piece of media, for instance, the genres of a particular music artist. Media consumption data provides anonymized probabilistic correlations regarding user preferences given an input request, (“Input Request”). Input requests are generally defined as a single criteria ( artist and genre) or a combination of criteria (artist + genre + mood+streaming platform) , in order to get user consumption data in return. For instance, for an artist, here are the most popular and related songs across streaming platforms as well as associated demographic and interactive data of the audience.
3. WHO THIS COVERS AND DEFINITIONS
“Customers” means anyone who uses VNYL platform, API, and/or services and includes tech companies, fortune-500 brands, websites, and individual developers.
“Partners” are third parties (e.g., publishers, media outlets, or content producers) where VNYL may provide data used to either define product enhancements or distribute insights derived from anonymous data sets to the public; some of our Partners are also Customers of VNYL.
“Users” are individuals with a registered account who visit the VNYL platform or any website or voice assistant device that links to the platform or uses VNYL consumer apps to provide data to VNYL to power the Services used by VNYL customers and includes parties that use VNYL application programming interface (API) to collect information; some of our Users are also customers of VNYL.
Depending on your relationship with VNYL, you may fall into more than one of the above categories.
Here are some basic definitions used within:
“Access Keys” means the confidential security keys provided by VNYL to Company for Company’s use of the VNYL API.
“Company Application” means the software application(s), website(s) or other interface(s) developed, owned or operated by Company to interact with the VNYL API.
“Company Trademark(s)” means all names, trade names, trademarks, service marks, domain names and logos owned by Company and used by Company in connection with Company’s products and services.
“Input Request” means any single input request which is passed from the Company Application(s) or platform user to VNYL databases via the VNYL API or VNYL Dashboard. Input request types include individual names as well as title attributes (i.e., Music Artist or Producer)
“VNYL API” means VNYL application program interface(s) and any associated documentation.
“VNYL Output” means all of the correlative inferences and title level data stored in and/or retrieved from VNYL databases, including personalized recommendations.
“VNYL Software” means VNYL personal recommendation service, consumer facing applications, or analytic dashboards; as provided through VNYL website(s), mobile application(s), and API, and any modified versions, upgrades, and associated documentation.
“VNYL Trademark(s)” means all names, trade names, trademarks, service marks, domain names, and logos owned by VNYL.
5. WHAT CONSUMER INFORMATION DOES SHARE YOUR VIBES RECEIVE?
As a Data Processor VNYL LLC. is required to process data in strict accordance with the instructions provided by the Data Controller, the Company (“Controller). Our use of the data is strictly limited, and our role is to act only as directed by the Controller. VNYL processes no Personally Identifiable Information (PII) from users and does not accept PII through VNYL API calls and data requests. VNYL further requests that all customers sending Input Data through the API should be pre-anonymized as prescribed by Article 6 of the GDPR such that VNYL has no ability to connect such identifiers back to any of the personal data held by our users about that individual. Thus, when our customers transmit an anonymous identifier to the VNYL LLC. personalization service, it is doing so in a manner that prevents VNYL LLC. from having any ability to know who the user is.
Therefore, the only class of data that VNYL receives is title based and general attribute and demographic based data. For instance, an array of music artists and an actress as input request to receive VNYL output.
6. HOW DOES SHARE YOUR VIBES USE INPUT DATA FOR ITS SERVICES?
VNYL uses various categories of Input Data as described below to power our Services:
Entity Arrays: When a request is made through VNYL API that passes an entity array through in order to receive VNYL output, VNYL reserves the right to learn from the associations between the entities. For instance, if a request is made that passes along 1 music artists (A) a genre (B) and a streaming platform (C), VNYL will incorporate these anonymized vertices into our machine learning models in order to draw associations between A,B,C and further refine future VNYL Output.
Metadata: When VNYL procures data related to entity metadata, for instance the genre and producer of a song, or the number of streams by platform, this content-based data is used to refine VNYL association between entities and help inform future output.
7. DOES SHARE YOUR VIBES SHARE CUSTOMER INFORMATION?
VNYL does not collect PII, and thus only processes anonymized entity arrays and attribute metadata. VNYL does not share individual arrays or clusters or share user level information with any other customers, VNYL only provides VNYL Output which is generalized probabilistic inferences based on the sum total of VNYL AI efforts.
However, VNYL will disclose such anonymized arrays if it believes that such action is necessary to comply with applicable laws or regulatory investigations, or to respond to a court order, judicial or other government subpoena, warrant, or law.
If VNYL is acquired by or merged with a third-party entity or is potentially going to be acquired by or merged with a third-party entity, in any partial or total sale of assets including in the event of bankruptcy, or in any other corporate change, VNYL may transfer or assign the User Data and Customer Data as part of that actual or potential merger, acquisition, sale, or other change of control (or in connection with related due diligence).
8. HOW CAN USERS AND CUSTOMERS OPT OUT?
If you provide your email address to VNYL and opt-in to receiving messages from us, we may use the email address to communicate with you. If you no longer want to receive promotional emails, please follow the unsubscribe instructions within the email.
9. WHAT USER INFORMATION DOES SHARE YOUR VIBES COLLECT?
VNYL collects User information when Users visit our Platform or use VNYL apps, and the information collected varies depending on the information relevant consent(s) provided by the User to VNYL. This is distinct from the “Input Request” provided for by sanctioned API relationships and customers (though “Users” may also fall into the customer class).
If a User registers for a VNYL User Account, VNYL collects contact information including name and email address for account maintenance purposes.
If a User contacts VNYL via the Site’s contact page, VNYL collects contact information including name and email address so that we may respond to the User’s inquiry.
VNYL may use email addresses for marketing (if the User has opted-in to receive marketing), notifying Users of major Site and Services updates, customer service communications, copyright infringement- or defamation-related communications, or to contact Users regarding any content that they have submitted to or downloaded from the Site or Services. If you do not want to receive marketing emails, please follow the unsubscribe instructions.
If a User utilizes our Services via a VNYL User Account, VNYL also collects billing information as needed to collect payment from the User.
VNYL server logs also automatically collect User information such as Users’ IP addresses, pages on the Site accessed by Users, browser type and language, and the date and time of visits, which helps VNYL track use of the Site and understand trends.
VNYL also works with third-party service providers, such as Google Analytics, which collect information about which site the User came from and Users’ use of the Site and our Services. Data collected via Google Analytics may be connected to other data that VNYL has about its Users. These third-party service providers may use tools such as Cookies to provide their services. These technologies may be used to assist VNYL in offering the Site, such as managing the content on the Site and understanding how Users interact with the Site. To learn more about how Google Analytics collects and processes data and the choices Users may have to control these activities, please visit http://www.google.com/intl/en/policies/privacy/partners
*To review or update your contact or billing information maintained by VNYL, you can contact us via our contact form.
10. HOW LONG DOES SHARE YOUR VIBES RETAIN USER INFORMATION?
VNYL may retain the User information as follows:
Contact and billing information for: (a) non-marketing business relationship management related purposes for up to 18 months after the User’s last contact with us; (b) marketing purposes for as long as the User is opted-in to marketing messages; or, (c) for other business purposes (such as legal, accounting, or auditing) for such period as VNYL considers reasonably necessary. Analytics information: up to 26 months after User’s visit is logged for analytic purposes as described in the section
However, VNYL may retain User information beyond these time periods if required by law.
11. DOES SHARE YOUR VIBES SHARE USER INFORMATION?
VNYL may disclose User information collected on the Site(s) in limited circumstances as described below:
VNYL will disclose personal information if it believes that such action is necessary to comply with applicable laws or regulatory investigations, or to respond to a court order, judicial or other government subpoena, warrant, or law enforcement request.
VNYL may share personal information with service providers that help it operate or improve the Services.
In the event that VNYL is acquired by or merged with a third-party entity or is potentially going to be acquired by or merged with a third-party entity, in any partial or total sale of assets including in the event of bankruptcy, or in any other corporate change, VNYL may transfer or assign the personal information as part of that actual or potential merger, acquisition, sale, or other change of control (including during due diligence of any such transaction).
VNYL may also disclose personal information: (a) with your consent; or (b) if it believes it will help to protect VNYL, its customers, or any other person or third party, or to enforce any legal rights.
12. HOW CAN USERS OPT OUT?
Users are not required to provide User information to VNYL; however, Users may not be able to use all features available on the Site(s) without providing some User information. For example, in order to create a VNYL User Account, we require Users to register.
13. DATA SECURITY
VNYL uses reasonable physical, managerial, and technical safeguards to preserve the integrity and security of all personal information stored by VNYL, including but not limited to advanced encryption, co-location, and regular physical as well as cloud-based backups.
14. CHILDREN’S PRIVACY
VNYL does not knowingly collect personal information from children under 13 years old or from websites or online services directed to children under 13 years old. Users should not create VNYL accounts unless they are legally old enough to form a binding contract and in any case are 13 years of age or older. In the unlikely event that you are the parent or legal guardian of a child under 13 who has registered with the Site or Services, please contact VNYL to have your child’s personal information deleted.
15. INTERNATIONAL VISITORS
For international Users visiting the Site, please note that any information submitted on the Site will be processed in the United States for use by VNYL and its affiliates for any of the purposes described herein. In addition, because VNYL operates globally, it may make information it gathers available to worldwide business units and affiliates. As a result, your personal information may be subject to privacy laws that differ from those in your country of residence which may provide you with fewer legal rights in relation to your personal information.
By providing and/or using any data on the Site or through VNYL Services, individuals hereby expressly consent to such transfers of data to the United States or other countries.
If you are an international User from the European Economic Area (“EEA”) or Switzerland, please read the remainder of this section on international visitors for more information.
a. E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield.
VNYL complies with the E.U.-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from EEA member countries and Switzerland. VNYL has certified that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
If you are a resident of the EEA or Switzerland, you have the right to access the personal data that VNYL maintains about you, and you may be able to correct or amend that information if it is inaccurate or has been processed in violation of the Privacy Shield Principles, to the extent allowed by law. To exercise this right, please contact us at the email or address provided at VNYL contact information.
VNYL is accountable for information that it receives under the Privacy Shield and subsequently transfers to a third party. In particular, VNYL is responsible under the Privacy Shield Principles if third-party controllers to whom it transfers information or third-party processors it engages to process this information on its behalf do so in a manner inconsistent with the Principles.
VNYL is subject to the investigatory and enforcement powers of the United States Federal Trade Commission,
b. What is the legal basis on which VNYL relies to process User information?
On most occasions, VNYL may process User information with the individual’s consent (e.g., when a User agrees that VNYL may place Cookies or process information that the User submits on our Site(s) for specified purposes).
On other occasions, VNYL may process User information when VNYL needs to do this to fulfil a contract (for example, for billing purposes) or where VNYL is required to do this by law.
If necessary, VNYL may also process a User’s information when it is in VNYL legitimate interests to do this and when these interests are not overridden by the individual’s data protection rights.
c. Who is responsible for User information?
VNYL, Inc. is the data controller of personal data submitted on our Site(s).
If you have any questions or comments, please contact VNYL at the contact details set out in VNYL contact information.
e. Your rights.
You may ask VNYL for a copy of your information to correct it, erase it, and to transfer it to other organizations at your request. You also have rights to object to some processing and, where VNYL has asked for your consent to process your data, to withdraw this consent. VNYL will only send marketing to you if you have indicated that you wish to receive marketing information from us. In addition, you have rights to object to direct marketing at any time. Where VNYL processes your data because VNYL has a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations – for example, where VNYL can demonstrate that it has a legal requirement to process your data.
16. ADDITIONAL INFORMATION
VNYL Site may include links to other websites, apps, and services whose privacy practices may differ from VNYL practices. Information collected by those companies is governed by their own privacy policies or statements.
VNYL Site may offer a publicly accessible blog and/or a support forum. Any information provided in any such areas may be read, collected, and used by others including the general public.
17. SHARE YOUR VIBES CONTACT INFORMATION
Pixelated Bits LLC.
65 Pine Ave #903
Long Beach, CA 90802