Privacy Policy - Audience & Talent Development for the Music Industry

Effective: May 20th, 2018

CHARMFACTORY (“CHARMFACTORY,” “we,” “us” or “our”) puts you in control. You aggregate, customize and curate your feeds in the way that personifies you best on our content-sharing platform. By aggregating all your feeds in one place, followers won’t miss out on your new launches/releases and you can keep them better informed on all your exciting projects and experiences.

Our Privacy Policy explains how we collect, use, share and protect information in relation to our web site, and any software provided on or in connection with CHARMFACTORY services (collectively, the “Service”), and your choices about the collection and use of your information.

By using our Service you understand and agree that we are providing a platform for you to post and manage content, including photos, videos, comments and other materials (“User Content”), to the Service and to share User Content. Sharing of User Content would be made public by default unless configured differently. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with our Privacy Policy.

By using our Service you understand and authorize us to manage and aggregate content obtained by CHARMFACTORY on your behalf from “Supported Platform(s)”, i.e. social networking site(s) currently supported by CHARMFACTORY, including YouTube, Twitter, Facebook, LinkedIn, Instagram, Soundcloud, and other social networking sites as described via the CHARMFACTORY website.

When using any of our Services you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy, irrespective of which country you live in. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
Our Policy applies to all visitors, users, and others who access the Service (“Users”).

1. INFORMATION WE COLLECT

We collect the following types of information to provide better services to all our users.

Information you provide us directly: We may collect information that you provide us directly when you use CHARMFACTORY. This includes the following:

We collect your date of birth, full-name and e-mail address when you register for an CHARMFACTORY account. This information allows us to help you or others be “found” on CHARMFACTORY. On the Service, your name is listed publicly, including on your profile page and in search results. You can use either your real name or a pseudonym.

We further collect Profile information (e.g. short biography, your location, your Service, people you follow, people you search) and User Content (e.g., photos, videos, comments, and other materials) that you post to or like on the Service. Our default is almost always to make the information you provide through the Service public for as long as you do not delete it. We will respect the choices you make to limit sharing or visibility settings in your CHARMFACTORY Account, and will give you settings or features, like direct messages, to make the information more private if you want. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

We collect Account details on Supported Platforms which you would like to connect to CHARMFACTORY. In addition, we may collect content from Supported Platforms which you would like to display on CHARMFACTORY. We collect such data to interact with other Users and/or post, share, communicate or otherwise transmit User Content publicly. We may collect and store such content so as to make User Content publicly available or viewable by other users.

We collect all communications between you and CHARMFACTORY. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails. When you contact CHARMFACTORY, we keep a record of your communication to help solve any issues you might be facing.

CHARMFACTORY may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means.

We may collect and store content obtained by CHARMFACTORY on your behalf from your supported Platform(s), i.e. social networking site(s) currently supported by CHARMFACTORY, including YouTube, Twitter, Facebook, LinkedIn, Instagram, and other social networking sites as described via the CHARMFACTORY website, as a means of facilitating our Service.

From time to time, we may ask you to complete a survey and/or offer you the opportunity to participate in promotions or surveys via our Service. If you choose to participate in a Promotion or a survey, we will collect and store the information you provide us in connection with the promotion or a survey the Promotion including, but not limited to, your name, e-mail address, date of birth, and/or phone number or email address. Such information shall be subject to this Privacy Policy unless otherwise stated in the official rules or guidelines of the Promotion or the survey.

You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your CHARMFACTORY Account, respond to surveys, post to community forums, participate in promotions, or use other features of our Service.

Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

Information we get from your use of our Service: We collect information about the services that you use and how you use them. This information includes:

Cookies and similar technologies: When you visit the Service, we may use cookies and similar technologies to collect information about how you use CHARMFACTORY and provide features to you. You may be able to 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 our Service. We use cookies to analyze the usage of our Service; to provide a more personalized experience; to allow You to more easily login to use our Services; and help make Your use of Our Services more efficient and more valuable by providing You with a customized experience and recognizing You when You return. We also employ web beacons or other technology to allowing us to know if a certain page was visited or to advertise more efficiently by excluding our current Users from certain promotional messages or identifying the source of a new installation. You can set your web browser to warn you about attempts to place cookies on your computer, limit the types of cookies you allow or refuse cookies altogether; however, you may not be able to use some or all of the features of the Service, or your experience will be different or less functional if you refuse/disable cookies and/or similar technologies.

Activity log: When you use our Service or view content provided by CHARMFACTORY, we automatically record and store certain information in server logs. This includes your web request, search queries, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from messages sent to our Users which then help us track which emails are opened and which links are clicked by recipients. We also record device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. The information allows for more accurate reporting and improvement of the Service.

Device: When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by CHARMFACTORY. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata: Metadata is technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive settings.

Information We Collect from Third Parties: We may collect information that third-party services provide about you when using our Service, or obtain information from other sources and combine that with information we collect through our Service as mentioned above. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them subject on their terms and conditions of providing their services. To the extent permitted by applicable law, we may receive additional information about you from third party service providers and combine it with information we have about you. We collect the following information from Third Parties:

Analytics: We may use third-party browser and mobile analytics services on our Service to help us analyse how users use the Service by noting when you arrive on our Service, how often You use the Service, the events that occur within the Service, usage data and performance data. The information collected will be disclosed to or collected directly by these service providers.

Online Advertising: We may use third-party advertising technologies that allow for the delivery of advertising about our Service on other websites You visit and other applications You use. Such technologies ads are varied by the content of the page You are visiting, information You enter such as Your age and gender, Your searches, demographic data, user content, and other information we collect from You, or being based on your current activity by using our Service. These third parties may place cookies or other tracking technologies on Your computer, mobile phone, or other device to collect information about Your use of the Website as discussed above and may access cookies or other tracking technologies on Your computer, mobile phone, or other device You use to access our Service in order to serve these tailored advertisement. We also may share with third-party advertisers a hashed version of Your email address that is anonymized and cannot be used to identify you, solely in non-human readable form and content that You share publicly when using the services (e.g, user-generated content) for purposes of delivering tailored advertising.

2. HOW WE USE YOUR INFORMATION

In addition to the purposes stated above, we use the information we collect for the following purposes:

To Provide, Improve, and Develop our Service

To enable you to access and use our Service and communicate with other Users
To help you efficiently access your information after you sign in
To remember information so you will not have to re-enter it during your visit or the next time you visit the Service
To tailor content that is relevant to you and others, which could include making suggestions, showing similar user accounts, online ads or other forms of marketing
To operate, protect, improve and optimize our Service and experience, such as by performing analytics and conducting research
To enable you to conduct payment on our Service
To send you service or support messages, such as updates, security alerts, and account notifications
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us
To provide you with information about other services we offer that are similar to those that you have already enquired about
To automatically update the CHARMFACTORY application on your device

To Create and Maintain a Trusted and Safer Environment

To notify you about changes to our Website
To ensure that content from our Service is presented in the most effective manner for you and for your computer
To administer our Service and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
To improve our Service to ensure that content is presented in the most effective manner for you and for your computer
To provide, improve, test, and monitor the effectiveness of our Service
To develop and test new products and features
To monitor usage trends such as total number of visitors, traffic, and demographic patterns
To diagnose or fix technology problems
To detect spam and malware
To allow you to participate in interactive features of our Website, when you choose to do so
As part of our efforts to keep our Service safe and secure
To Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity
To conduct investigations and risk assessments
To verify or authenticate information or identifications provided by you
To conduct checks against databases and other information sources
To comply with our legal obligations

To Improve our Advertising and Marketing

Run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.

To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.

To make suggestions and recommendations to you and other Users of our Service about goods or services that may interest you or them.

To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous enquiry by you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us in writing.

We may combine this information with information you give us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside CHARMFACTORY (or the group of companies of which CHARMFACTORY is a part) without your consent, except as noted in this Policy.

Parties with whom we may share your information:

We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that CHARMFACTORY is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.

We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. Such Service providers include the following:

Third Party Business Partners, Service Providers, Contractors or Agents: We may share Your information with third party companies that perform services on Our behalf, including for payment processing, payment facilitating services, order fulfilment services, data analysis, marketing services, advertising services (including but not limited to retargeted advertising), e-mail and hosting services, and customer services and support. These third-party service providers may access Your personal information, and are required to use it solely as directed by Us for the purposes outlined above. We may also share Your information with third party companies that we partner with to provide certain services to You in connection with our Service. Those partners’ collection and use of information is subject to their privacy policies and other terms. You should review such privacy policies, terms, and other agreements.

Analytics and/or other similar technologies services: As discussed above, we use third-party analytics and other similar technologies to help us understand your usage of our Service and to improve our Service. We may provide Your information to data enrichment services to such third party analytics and data enrichment service providers, which match such information with publicly available database information, including contact and social information from other sources, such as Your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses.

Advertising: We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may also use and share with third party advertisers (and other third parties) certain information collected on our Service to show general demographic and preference information among our Users. The information collected may be used to offer You targeted ad-selection and delivery in order to personalize Your User experience by increasing the likelihood that advertisements for products and services You see will appeal to You.

Social Media Features: Our Service may include social media features, such as the Facebook Like button. Our integration of these features may allow third party social media provided to collect certain information such as Your IP address, which page You are visiting when using Our Services, and to set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly through the use of Our Service. Your interactions with these features are governed by the privacy policy of the company providing it.

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies or other service providers that may be placed on Your computer, mobile phone, or other device You use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties or other service providers we use to assist us. Please note that to the extent advertising or other technology is integrated into the Service by our service providers, You may still receive advertisements on other websites and mobile applications even if You opt-out. In that case, the advertising will not be tailored to Your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices You make using these mechanisms or the continued availability or accuracy of these mechanisms.

Parties with whom you may choose to share your User Content:

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.

Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our CHARMFACTORY service.

If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the CHARMFACTORY have copied or saved that information.

Government and Compliance with the Law:

We cooperate with government and law enforcement officials to enforce and comply with the law. We will share information with government agencies as required by law or as instructed by the relevant enforcement authorities of the United Kingdom. We may further disclose information about you to government or law enforcement officials if, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of providing such information for matters including, but not limited to:

To protect CHARMFACTORY Proprietary and Intellectual Property Rights
To secure our associate third parties’ Proprietary and Intellectual Property Rights
To protect the safety of the public or any personor
To prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity

What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of CHARMFACTORY or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honour the commitments we have made in this Privacy Policy.

If someone has posted your personal information or uploaded a content of yours without your consent, start by contacting the uploader and asking them to remove the content. If you can’t reach an agreement with the uploader, or if you are uncomfortable contacting them, you can request removal of content based on our Privacy Guidelines. For content to be considered for removal, an individual must be uniquely identifiable. When assessing if an individual is uniquely identifiable, we consider the following factors:

Your image or voice
Full name
Financial information
Contact information
Other personally identifiable information

When you report a privacy complaint, we consider public interest, newsworthiness, and consent as factors in our final decision.

4. HOW WE STORE YOUR INFORMATION

Your information collected through the Service may be stored and processed in the country in which CHARMFACTORY, its Affiliates or Service Providers maintain facilities.

CHARMFACTORY, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

By registering for and using the Service you consent to the transfer of information to the country in which CHARMFACTORY, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, CHARMFACTORY cannot ensure the security of any information you transmit to CHARMFACTORY or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and CHARMFACTORY, at all times. Your privacy settings may also be affected by changes the social media services you connect to CHARMFACTORY make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

You can update your account at any time by logging in and changing your profile settings. If you submit personal information for publication on our Service, we will publish and otherwise use that information in accordance with the licence you grant to us.

You can unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

You can also permanently delete your CHARMFACTORY account. When your account is deactivated, it is not viewable on CHARMFACTORY.com. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. Following termination or deactivation of your account, CHARMFACTORY, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us. Please note that we reserve the right to send you certain communications relating to your account or use of our Website. This includes administrative and service announcements sent via email. Transactional account messages may be unaffected if you opt-out from receiving marketing communications.

You are entitled to request to see and challenge information third parties provide to us as part of our fraud detection, prevention and risk assessment efforts by contacting us.

6. CHILDREN’S PRIVACY

CHARMFACTORY does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEB SITES AND SERVICES

Our Service includes hyperlinks to, and details of, third party websites. We are not responsible and have no control over the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Service, are subject to that third party’s own rules and policies. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8. HOW TO CONTACT US ABOUT A DECEASED USER

In the event of the death of a CHARMFACTORY User, please contact us.

9. HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, please contact us at info@charmfactory.co.uk

10. AMENDMENTS TO OUR PRIVACY POLICY

CHARMFACTORY’s Privacy Policy may change from time to time, so please review it periodically. We will post any privacy policy changes on this page, and may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of CHARMFACTORY or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.