Privacy Policy

Introduction

This Privacy Policy describes the ways in which Fairplay (“we,” “our,” or “us”) collects, uses, and shares information about the person who registers and creates an account on the Fairplay site or who submits any personal information on the Fairplay Site for any purpose (‘you/your’), through our websites, and applications (collectively, the “Site”), and any services, features offered by us, from time to time, in connection with the Site, accessible through any device or technology (each, a “Service,” and collectively, the “Services"). It tells you, what to expect us to do with your personal data when you interact with us and describes the rights you may have in relation to our use of your data, as well as how to exercise those rights. This privacy notice explains our approach to any personal information that you might supply to us (or that might be collected from you) in connection with your use of the Site and Service. It also sets out your rights in respect of our processing of your personal information.

This privacy notice will inform you how you can verify which of your personal information is collected by us through the Site and how you can request that we delete or update it.

This privacy notice is intended to assist you in making informed decisions when using the Site. Please take a moment to read and understand it. Please note that it should be read in conjunction with our terms of use and other platform policies.

Please also note that this privacy notice only applies to the use of personal information collected by us from your use of the Services or during your communications with us. It does not apply to personal information collected during your communications with third parties.

We respect the privacy of every person who visits or registers with us and uses the services made available by us. We are committed to ensuring a safe online experience.

Collection of information by us

We and our authorised third-party service providers (‘service providers’), may collect information that you provide when you use the Services, including when you create a Fairplay account, contact us via the Services, or otherwise interact with the Services.

The information that you provide us may include a) your name, address, contact information, username, email address, password, and other registration information; b) transaction-related information, such as payment or account information, licensing information, or information about when you make purchases or respond to offers; c) the content of the songs you post; d) information about co-owners of the songs you post, such as their names, addresses, identity proof and contact information, e) the tags you associate with songs; and f) any feedback you provide about songs or other users.

We and our service providers automatically collect certain technical information from your computer or mobile device when you use the Site or Services. That information includes your Internet Protocol address, your browser type and your operating system, the pages or content you view or listen to on the Services, the pages you view immediately before and after you access the Site or Services, unique identifiers associated with the devices you use to access the Site or Services, the search terms you enter on the Services, the URL that referred you to the Services, and standard weblog information.

We and our service providers may collect this information using “cookies,” “web beacons,” and similar technologies. Cookies are small text files that our Site save on your computer or device and access when you return. Cookies can be used to recognize repeat visitors, facilitate your on-going access to and use of the Site or Services, and allow the Site to collect information about how the Site is used. If you do not want the Site or Services to collect information using cookies, most browsers allow you to deny or accept cookies. Web beacons are small snippets of code embedded in webpages and are typically used to monitor activity on the webpage, collect information, or transfer information to services.

Through our use of cookies, log files and other technologies, we may collect personal information regarding your mobile device, or the computer hardware and software used to access the Site or Service.

We also collect personal information regarding your use of and activity on the Site including your journey through our website, text interactions with form fields as well as any scrolls, clicks, swipes or typing. This personal information allows us to deliver more helpful information, services, and tools.

The payment details (credit card, debit card, net banking etc.) entered by you are stored with our third-party service providers and not with Fairplay.

We may collect information from third-party sources and combine it with the information described above.

Purposes for which your data is used

To help you better understand why we use your personal data and to make sure you know we use it only as necessary in a legitimate way, the purposes for carrying out our processing activities as well as the legal bases we rely on for doing so are explained below.

Functionality purposes:

To maintain and improve our Site and Services, including to enable functionality, troubleshoot, fix errors and bugs, detect and counter errors, intrusions and incidents and create statistics to understand our visitors better and to improve functionality and user experience.

User account management purposes:

To allow registration and management of user accounts, user account data, subscription data, or performance of the contract we have with you regarding the Site and Services

Service personalization purposes:

To personalize user experience and provide our Site and Services in a relevant manner, mainly to understand what music and sound effects to recommend to users, based on analysis of user interaction with our Site and Services, such as how a user creates and use playlists and what music and sound effects, they download to create content, technical device and user data, service usage data, contact requests data, or digital rights management data

Music curation purposes:

To help our users to find the right music or sounds to specific content at their specific requests (music curation services), music curation data, or performance of the contract we have with you regarding the requested music curation services.

Improvement purposes:

To improve and develop our Site and Services and ensure we continue to deliver relevant music and sound effects for creating successful content, based on user or customer profile together with analysis and insights of how users interact with our Site and Services, e.g. the type of social media channels and content created with our music or sound effects, the type of business they are active in and their location.

Marketing purposes:

To provide users with personalized offers and recommendations via emails or similar means of communication (for instance on social media platforms), based on user profile together with analysis and insights of how users interact with our Site and Services, e.g., the type of social media channels and content created with our music or sound effects, the type of business they are active in and their location. You can easily opt out from receiving marketing messages by clicking the unsubscribe link in our emails.

Customer support purposes:

To communicate via our customer support service, e.g., related to technical support, subscriptions or accounts or requests regarding whitelisting.

Customer insights purposes:

To show how frequently our Site and Services are used as well as to present insights about customer specific usage of our Services, in order to allow our enterprise customers to evaluate the value created to their business.

Information reflecting usage of our Site and Services for each customer, based on mainly (aggregate) data or results of number of downloads and plays and other music usage in terms of genres, artists and moods assigned to certain sounds.

Whitelisting and other digital rights management purposes:

To ensure we do not make claims against licensed use of our music (i.e., for whitelisting) and correspondingly to ensure we can enforce our rights in relation to infringing use of our music or sound effects. This also includes collecting information from third parties.

Reconnecting purposes:

To be able to reach out to inactive users based on analysis and insights about their previous interactions with our Services, for example how they created and used playlists, what music and sound effects they downloaded to create content and information about why they lost touch with us.

Other information regarding you as a prospective customer representative, such as your professional profile and why you or the company you represent chose to terminate your subscription with us.

Referral purposes:

To keep track on the number of new users (referrals) that a user refers to us and how many of these referrals who convert their free trials to payment subscriptions, to be able to reward the user with referral credits

Promotion purposes:

To arrange and enable users to participate in surveys, promotions, and contests.

Payment processing purposes:

To process payments as well as to make available relevant payment methods

Regulatory reporting purposes:

To ensure we fulfil our requirements relating to payments, taxes as well as documenting and reporting our financial status.

Legal enforcement purposes:

To enforce (legal) rights or obligations, whether set forth in our agreement with a user, they represent, an agreement with a third party or following from applicable laws, regulations or other statutes we are subject to.

Profiling:

We may use your information for customer profiling to ensure that we market the most suitable products and services to you.

Analysis:

We may generally analyse video uploads and view counts and carry out fuzzy match (search for matching words and phrases that look and sound alike) to understand how licensed music is consumed and received generally.

Service Administration:

We may use your personal information to develop and improve the Site and Services, send you administrative e-mails about the Services, and contact you to answer any queries you may have.

Record Keeping:

We may use your personal information for internal record keeping purposes and to check you comply with our terms of use and other platform policies.

Processing your information

We process your personal information in accordance with applicable law. In most cases the legal basis will be one of the following:

to fulfil our contractual obligations to you or for pre-contractual measures
to comply with our legal obligations, for example if we are required to report royalty payments to a regulatory body or to comply with a law enforcement notice, a court order, or agency request for information;
to meet our legitimate interests, for example to ensure that the Site and Services operate as intended and are appropriate for your needs, that our Site and Services function correctly with your systems, that our records are kept up to date and accurate, and to communicate with you regarding the Site and Services; or
consistent with your consent, for example, if applicable law requires consent for our marketing communications containing third party offers or where you are not a customer of ours.

Sharing your information

We share the information we collect from you:

with our affiliates and subsidiaries;
with other users as needed to facilitate transactions;
with other users that view your profile page;
with service providers that work on our behalf and that have agreed to use the information solely in furtherance of our operations to provide order and payment processing services; deliver marketing communications, promotional materials, or advertisements that may be of interest to you; analyse how people use the Site and Services; or host our Site and Services;
with business partners that deliver marketing communications, promotional materials, or advertisements that may be of interest to you;
with companies such as online network advertisers that may automatically collect or receive information about your online activities over time and across different websites when you use the Services, in order to facilitate the delivery of marketing communications, promotional materials, or advertisements, including targeted advertising for our or others’ products and services on our Services and on third-party sites and applications;
with marketing partners or others for joint or co-branded promotions;
to comply with the legal process, or to comply with government reporting or other legal obligations;
when we believe in good faith that disclosure is necessary a) to protect our rights, the integrity of the Services, or your safety or the safety of others, or b) to detect, prevent, investigate, or respond to fraud, intellectual property infringement, violations of our terms of use or our platform policies, violations of law, or other misuse of the Site or Services; and
with affiliates, service providers, advisors, and other third parties to the extent we deem reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, or sale of all or a portion of our assets, or similar transaction.

You have some choices to control the information that we share with these parties by changing the privacy settings on your Fairplay profile page or changing the privacy settings for your social media, and third-party accounts.

In addition, we may share de-identified reports on user demographics and traffic patterns, as well as de-identified information, with third parties.

The Site and Services may contain links to third-party websites or other content. You acknowledge and agree that we are not responsible for the collection and use of your information by third parties that are not under our control. We encourage you to review the privacy policies of each website, service, and application you use.

We will share your personal and corporate information with our subsidiaries, affiliates and other related companies for purposes that are consistent with this privacy policy. Data collected online about your company may also be combined with information that you provide when you register to use any of the Services.

We may share your personal information collected on the Services with third parties as necessary or appropriate to (i) carry out the transaction, activity or request made by you on the Services, (ii) comply with any applicable law, court order, other judicial process, or the requirements of a regulator, (iii) enforce our agreements with you, (iv) protect the rights, property or safety of us or third parties, including other users of the Services, (v) perform investigative security analysis on the Services, or (vi) as otherwise required or permitted by law.

We may share your personal information with professional advisers or regulatory authorities:

to enable them to process your personal information on our behalf in a manner consistent with this privacy notice;
to comply with our legal obligations;
to enforce our legal rights; or
to protect rights of third parties.

Your personal information may also be shared with prospective buyers if we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.

Storage and Processing of information

We process the information associated with the Site or Services and governed by this Privacy Policy in India /Mumbai. We store the information in [*], and the information may be available to the Indian government or its agencies under a lawful order made in India. We may transfer your information outside India to our affiliates, business partners, and service providers.

Security

We strive to maintain reasonable administrative, technical, and physical safeguards designed to safeguard the information collected by the Site and Services. However, no information system can be 100% secure; we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Site and Services over networks that we do not control, including the internet and wireless networks.

We are committed to protecting your personal data. To help maintain the security of your personal data we have implemented organizational and technical measures to adequately protect it, e.g., policies, instructions, routines against unauthorised access and unnecessary retention as well as safeguards such as firewalls, fraud detection and other systems to detect unauthorized activities aimed at our Site and Services. We keep these measures under close review to keep our systems and the personal data we process safe.

Your choices

Submissions of your email address on the Services will, unless you opt out, result in your being added to our mailing list for purposes of product updates, promotional and marketing messages, and other communications, until such time as you unsubscribe.

If your contact information changes or if you wish to inquire about the information, we have collected about you, please submit a request at the contact information listed below. You may “opt-out” of receiving marketing emails by using the unsubscribe feature included in the emails or, if available, registering your preferences on your Profile page.

If you do not want the Services to collect information using cookies, you can set your web browser to reject cookies from the Services. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. If you reject or block cookies from the Services, however, the Services may not function as intended.

Your rights

In addition, you may have certain rights regarding your personal information, subject to local law. These include the following rights to:

Access your personal information - If you ask us, we’ll confirm whether we’re processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

Rectify the information we hold about you - If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Erase your personal information - You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or you withdraw your consent (where applicable). If we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Restrict our use of your personal information - You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or object to us processing it. It won’t stop us from storing your personal information though. We’ll tell you before we lift any restriction. If we’ve shared your personal information with others, we’ll let them know about the restriction where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Object to our use of your personal information - You can ask us to stop processing your personal information, and we will do so, if we’re:

relying on our own or someone else’s legitimate interests to process your personal information except if we can demonstrate compelling legal grounds for the processing;
processing your personal information for direct marketing; or
processing your personal information for research unless such processing is necessary for the performance of a task carried out in the public interest.

Where the processing of your information is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Please note that we will likely require additional information from you in order to honor your requests. If you would like to discuss or exercise such rights, please contact us at the details provided below.

Obtaining your consent

Where our use of your personal information requires your consent, you can provide such consent:

at the time we collect your personal information following the instructions provided; or
by informing us by e-mail, post or phone using the contact details set out in this privacy notice.

Third party links and services

Our Site or Services may contain links to third party websites and services. Please remember that when you use a link to go from our Site and Service to another website or you request a service from a third party, this privacy notice no longer applies.

You’re browsing and interaction on any other website, or your dealings with any other third-party service provider, is subject to that website’s or third-party service provider’s own rules and policies. We do not monitor, control, or endorse the privacy practices of any third parties.

We encourage you to become familiar with the privacy practices of every website you visit or third-party service provider that you deal with and to contact them if you have any questions about their respective privacy policies and practices.

This privacy notice applies solely to personal information collected by us through our Services and does not apply to these third-party websites and third-party service providers.

Data retention

We do not keep your personal information for any specific period, but we will not keep it for longer than is necessary for our purposes. In considering how long to keep it, we will consider its relevance to our business and our legal and regulatory obligations. If your information is only useful for a short period e.g. for specific marketing campaigns we may delete it.

We will keep your personal information for as long as we have a relationship with you for the purposes of providing the Services. When deciding how long to keep your personal information after our relationship with you has ended, we consider our legal obligations and regulators' expectations. We may also retain records to investigate or defend potential legal claims.

Confidentiality and security of your personal information

We are committed to keeping the personal information you provide us secure, and we will take reasonable precautions to protect your personal information from loss, misuse or alteration.
We have implemented information security policies, rules, and technical measures to protect the personal information that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification, and unlawful destruction or accidental loss.

All our employees and data processors (i.e., those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all users of the Service.

Automated decision-making

We make automated decisions about you based on your personal information regarding previous licensing activity on Fairplay, and number of uploads and/or downloads on Fairplay or other distributed third-party platforms.

Subject to local legal requirements and limitations, you can contact us to object to our use of automated decision-making.

You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, and it produces a legal effect or similarly significantly affects you unless such profiling is necessary for entering, or the performance of, a contract between you and us.

Children’s information

The Services are not directed to, nor do we knowingly collect information from, children under the age of 18 years. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.

Changes to this privacy policy

If we update this privacy policy, we will post a new privacy policy on the Site. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information. It is your obligation to keep up with the updated privacy policy and other platform policies. Your continued use of the Site and Services post such revisions, shall deemed to be your acceptance of the policy.

To ensure that you are always aware of how we use your personal information we will update this privacy notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We may notify you by e-mail of any significant changes. However, we encourage you to review this privacy notice periodically to be informed of how we use your personal information.

Fairplay is the controller responsible for the personal information we collect and process. If you have any questions about this Privacy Policy or our use of your information collected through the Services, please contact us at support@fairplaysound.com.