Privacy Policy

Motion Array Privacy Policy

Our Commitment to You

We, Sound Factory, are committed to being transparent and giving you control over your information. To provide our services and work with you as an artist, we need to collect and process some personal information. We take steps to keep your information safe and secure.

When you use our services, you agree to how we collect, store, and use your personal data as explained in this Privacy Policy. Please read it carefully. If you don't agree, please don't use our services or register with Sound Factory

Grounds for Data Collection

You are not legally required to provide us with your “Personal Data” (meaning any information which may potentially allow your identification with reasonable means), but without it we might not be able to provide you with the full range of, or the best experience while using our website(s), mobile application(s) or any other affiliated service (together, the “Services”).

Processing of Personal Data is necessary for the performance of our contractual obligations towards you, for provision and operation of our Services, to protect our legitimate interests and for compliance with legal and regulatory obligations to which we are subject.
Our legal basis for collecting and using your Personal Data will depend on the particular purpose for which your data is being processed, however, we generally use the following:

  • Performance of a contract – We will use this basis for processing necessary to make the Services, including support services, available to you, and to send you service communications.
  • Consent – In limited cases (for instance, where you accept cookies on our Services) we will process your Personal Data based on your consent. You can withdraw your consent at any time by contacting us using the details provided below.
  • Legitimate interests – We will process your Personal Data based on our legitimate interests in maintaining and improving our Services, such as for the purpose of understanding how our Services are used and improving them, our customer service and support operations, and protecting and securing our users, our artists, ourselves and our Services.
  • Compliance with a legal obligation - In limited cases we may process your Personal Data where we need to do so to comply with a legal obligation e.g. which is set out in an applicable law, or if we receive an order from a court or regulatory body.

What type of data we collect?

  • Personal Data
    In the course of using the Service, we may ask you to provide us with certain Personal Data to provide and improve the Service, to contact or identify you, to enable you to access certain parts of the Service, and as otherwise indicated in this Policy. We collect the following Personal Data about you:

    • Registration information – when you sign up to use our Services, we will collect your name, your mailing address, your email address, your home and work telephone number, information about your company and your position, and similar contact details. We will also process your payment details via our payment processing providers. However, we do not retain your payment information but only a pseudonymized “token” thereof, or a reduced amount of such payment details which is received from our payment processing providers.
    • Information received from you – you may choose to provide us Personal Data voluntarily, such as when you contact us (via a contact form on our Services, e-mail or any other channel, including any support services), or when you provide us with your e-mail address when you sign-up to receive our newsletter. When you participate in one of our surveys, we may also collect additional profile information. When using our Services – our server will collect your IP-address, and information about your general location (such as city and country).
    • Information from third parties – our Services allows registration using social media accounts such as Facebook or Google. If you choose to connect your Sound Factory account with your social media account, we will receive information from your social media account such as your profile name, profile picture and additional information depending on such social media platforms and your privacy settings on it. We may also receive from our business partners certain information, such as your contact details (name, phone, email) as well as details pertaining to your company, your job description, etc’.
    • Usage Data – we collect information about how you use Sound Factory software and plugins, including analytical information of your usage of the software/plugins. Usage Data includes session data, account ID, data about your device and hardware, location data, the webpage or advertisement that you viewed before reaching our Services, registered/whitelisted social media channels and videos and data about your interactions and engagement with Sound Factory's website and software.
    • Digital rights management data – information on content published online and that includes Sound Factory's music, such as data from YouTube’s ContentID, including video and channel data associated with such content.
    • Aggregated data – we may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific software feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
    • Artists – If you become a Motion Array artist, certain information may be requested and collected when you sign-up as an artist or modify your Motion Array account, including (i) personal details about you, such as your name, address, contact details and certain demographic information about you; (ii) professional information about you, as well as links to your pages in social media and their contents, and your portfolio; (iii) your PRO affiliation, as well as information about your IP rights in your content; (iv) banking and other financial institution or payment gateway information required in order for us to compensate you; (v) your government taxpayer identification number, required in order for us to prepare tax information documents; (vi) other information that we determine is needed to assist us in marketing your content, confirm your identity or your rights to the content you are providing to us; (vii) a copy of your identification certificate (for example, your driver's license); and (viii) your photograph.
  • Non-Personal Data
    We also collect data about the use of our Services and the characteristics and activities of users, in order to operate it and improve it. We may collect the following non-Personal Data:

    • Technical information – when someone visits, interacts with or uses our Services, including by e-mail or text messages sent to them by us or our Services, we may collect or generate technical data about them. This includes data such as visits, the browser you are using and its display settings, your operating system, device type, session start/stop time, referral URL, time zone, network connection type (e.g., Wi-Fi, cellular), and cookie information. We collect or generate such data either independently or with the help of third party services, including through the use of “cookies” and other tracking technologies. We do not use such data to learn a person’s true identity or contact details, but mostly to have a better understanding on how our users typically use and engage with our Services.

    If we combine Personal Data with non-Personal Data, the combined data will be treated as Personal Data. Further Personal Data will only be stored and processed if you voluntarily provide it to us, e.g. through a contact form.

Tracking Technologies

When you visit or access our Services we use (and authorize 3rd parties to use) pixels, cookies, events and other technologies (collectively, "Tracking Technologies"). Those allow us to automatically collect information about you, your device and your online behavior, in order to enhance your navigation in our Services, improve our Services’ performance, perform analytics and customize your experience. We store Tracking Technologies when you visit or access our Services. These are called "First Party Tracking Technologies". In addition, Tracking Technologies are stored by other third parties (for example our analytics service providers, business partners and advertisers) – these are called "Third Party Tracking Technologies". Both types of Tracking Technologies may be stored either for the duration of your visit on our Services or for repeat visits.

We use a tool called “Google Analytics” to collect information about use of our Services. Google Analytics collects information such as how often Users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve our Services. Google Analytics collects only the IP address assigned to you on the date you visit our site, and plants a cookie on your web browser to identify you as a unique user the next time you visit. The cookie cannot be used by anyone but Google and we do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this site is detailed on the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser as described below.

How to Manage Your Tracking Technologies Settings

There are various ways in which you can manage and control your Tracking Technologies settings. Please remember that, by deleting or blocking Tracking Technologies, some of the features of the Services may not work properly or as effectively.

  • Below are some links to some commonly used web browsers. Information about cookies is usually found in the "Help" section of the web browser.

    For other browsers, please consult the documentation that your browser manufacturer provides.

  • Mobile Devices - You can-opt out of certain types of interest-based advertising (or “cross-app” advertising), by accessing the “settings” on your device:

    • If you’re using an Apple device you can configure your device to limit ad tracking to by clicking on “settings” > “privacy” > “advertising” and toggling “limit ad tracking” to ‘on.’
    • If you’re using an Android device you can opt out of most app-based tracking for advertising by opening the “Google Settings” app on your device, selecting “Ads”, and then selecting the option to opt-out of interest-based ads.

Please note that the above information may change when manufacturers update their systems. Also note, that your device may use another platform, not described above. In that case, please consult the manufacturer documentation for further instructions.

How Do We Use the Data We Collect?

  • Provision of service - we will use your Personal Data for the provision of our Services, including for support and to respond to your queries.
  • Improvement of our Services - we will use your Personal Data for the improvement of our Services. We are constantly looking for improving our Services and we may analyze information on users profile and insights of how users interact with our Services, e.g. the type of social media channels and content created with our assets, the type of business they are active in and their location, how our assets are used and how they are perceived when published in content on social media platforms or other media channels.
  • Service announcements - we will use your Personal Data to communicate with you and to keep you informed of our latest updates to our Services and offer you service offers.
  • Service customization - we will use your Personal Data in order to customize the Services, including the content offered through them, to your needs and preferences, so that the Services and your experience of using them will be optimal.
  • Marketing purposes - we may use your Personal Data (such as your email address or phone number) for marketing purposes. For example, our users will receive promotional material concerning our Services or our partners' services, including tips and announcements straight to their email account. The materials that we will send to you may be tailored to you personally using an automated profile that we built based on your Personal Data.

    • Opt-out of receiving marketing materials - You may choose not to receive our promotional or marketing emails (all or any part thereof) by clicking on the “unsubscribe” link in the emails that you receive from us.

Please note that even if you unsubscribe from our promotional or marketing emails, we may continue to send you service-related updates and notifications, or reply to your queries and feedback you provide us.

Please note that even if you opt-out, we may still use and share your Personal Data with third parties for non-marketing purposes (for example to provide our Services, fulfill your requests, communicate with you and respond to your inquiries, etc.). In such cases, the companies with whom we share your Personal Data are authorized to use your Personal Data only as necessary to provide these non-marketing services.

  • Analytics, surveys and research - from time to time, we may conduct surveys or test features, and analyze the data we have to develop, evaluate and improve these features, all in order to improve our Service and think of new and exciting features for our users.
  • Protecting our interests - we may use your Personal Data when we believe it’s necessary in order to take precautions against liabilities, investigate and defend ourselves against any third party claims or allegations, investigate and protect ourselves from fraud, protect the security or integrity of our services and protect the rights and property of Artlist, its users and/or partners.
  • Enforcing of policies - we may use your Personal Data in order to enforce our policies, including but not limited to our client agreement.
  • Compliance with legal and regulatory requirements - we may use your Personal Data to investigate violations, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.
  • Artists - we use Personal Data of potential artists in order to assess their candidacy for cooperation with us. If you become Motion Array's artist, we will use your Personal Data to onboard you as Motion Array's artist. After the completion of your onboarding process, we will use your Personal Data in order to present your bio, photo and content on Motion Array's website as part of its catalogue, as well as for the purpose of transferring payments to you.

With Whom Do We Share Your Personal Data?

  • Internal concerned parties - we share your information with companies in our group, as well as our employees, in order to provide you with our services.
  • Business partners - we share your information with business partners, such as storage and analytics providers who help us provide you with our Services. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf, but they are obligated to comply with this Privacy Policy and may not use your Personal Data for any other purpose. In some other cases, the Services may integrate third-party platforms. You will be able to easily identify these integrations, and the identities of those third parties operating the integrated platforms will be visible. In such cases, that third parties will process your information in accordance with their own privacy policies and this Privacy Policy will not apply to these processing activities.
  • Compliance with laws and law enforcement entities - we cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any data 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 our or a third party's property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
  • Merger and acquisitions – we may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your Personal Data in accordance with the terms of this Privacy Policy.
  • Youtube API – Motion Array’s API client uses YouTube API Services. If you are using our Service on YouTube, you hereby certify that you have read and agree to YouTube’s General Terms of Service and Google’s Privacy Policy.

Transfer of data outside the EEA (for EU data subjects)t

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate levels of data protection, or enter into legal agreements ensuring an adequate level of data protection.

How we protect your information

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. Your data is stored on secure servers and isn’t publicly available. We limit access to your information only to those employees or partners on a “need to know” basis, in order to enable the carrying out of the agreement between us.
While we seek to protect your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. You need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account. You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use. You should also be aware that there is always some risk involved in transmitting information over the internet. While we strive to protect your Personal Data, we cannot ensure or warrant the security and privacy of your Personal Data or other content you transmit using the Services, and you do so at your own risk.

Retention

We will retain your Personal Data for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, trading information, account opening documents, communications and anything else as required by applicable laws and regulations.

User Rights

European Union Users

If you reside in the EU, you may request to:

  • Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
  • Receive a copy of Personal Data you directly volunteer to us in a structured, commonly used and machine-readable format.
  • Request rectification of your Personal Data that is in our control.
  • Request erasure of your Personal Data.
  • Object to the processing of Personal Data by us.
  • Request to restrict processing of your Personal Data by us.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

You can allow or block cookies saved by websites on Chrome.

Note: If you don't allow sites to save cookies, most sites that require you to sign in won't work.

You can block or allow all cookies by default. You can also allow cookies from a specific site, while blocking third-party cookies in ads or images on that web page.

  • On your computer, open Chrome.
  • At the top right, click More  Settings.
  • Under ‘Privacy and security’, click Cookies and other site data.
  • Select an option:

    • ‘Allow all cookies’
    • ‘Block all cookies (not recommended)’.
    • ‘Block third-party cookies in Incognito’
    • ‘Block third-party cookies’.
    • Important: If you block third-party cookies, all cookies and site data from other sites will be blocked, even if the site is allowed on your exceptions list.

Information we collect

Strictly necessary

Strictly necessary cookies allow core website functionality such as user login and account management. The website cannot be used properly without strictly necessary cookies.

Performance

Performance cookies are used to see how visitors use the website, eg. analytics cookies. Those cookies cannot be used to directly identify a certain visitor.

Targeting

Targeting cookies are used to identify visitors between different websites, eg. content partners, banner networks. Those cookies may be used by companies to build a profile of visitor interests or show relevant ads on other websites.

Functionality

Functionality cookies are used to remember visitor information on the website, eg. language, timezone, enhanced content.

Unclassified

California Users

To view the California Consumer Privacy Disclosure section of this Privacy Policy, click here

You have the right to:

  • Request that we disclose to you (the “Right to know”) (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we collected about you; (iii) the business or commercial purpose for collecting personal information about you; and (iv) the categories of personal information about you that we shared, sold or disclosed and the categories of third parties with whom we shared or to whom we sold or disclosed such information in the preceding 12 months.
    This information is provided in the California Consumer Privacy Disclosure section of this Privacy Policy, click here.
  • Taking into account the nature of the personal information that we process about you, and the purposes of the processing thereof, request that we correct inaccurate personal information about you.
  • Request that we delete personal information we collected from you subject to certain exceptions.
  • Request that we limit our use or disclosure of your “sensitive personal information” that we collected from you. We may deny your limitation request if the use and/or disclosure of the information is necessary for us to perform the Services or provide the Services as reasonably expected by an average consumer.
  • To not be discriminated against in pricing and services because you exercise any of your rights under the CCPA (as defined below).
  • To opt out of the sale of your personal information.
    More information on this right is provided in the California Consumer Privacy Disclosure section of this Privacy Policy, please click here to review it.
    You can designate an authorized agent to make a request under the CCPA on your behalf if:

    • The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
    • You sign a written declaration that you authorize the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your Right To Know or your right to request deletion, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below. If you provide an authorized agent with power of attorney pursuant to Probate Code §4000–4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Submitting a request

Under applicable law, when you submit a request regarding any of the aforementioned rights, please note that your request must:

  • Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
  • Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Our Policy Toward Children

We understand the importance of protecting children’s privacy, especially in an online environment. The Site and Services are not designed for or directed at minors under the age of 16 years old (“Minors”). We do not knowingly collect any Personal Data from Minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Data, he or she should contact us using the details provided above.

Additional Information for California Residents

This part of the Privacy Policy addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (Cal. Civ.§1798.100–1798.199) and the California Consumer Privacy Act Regulations by the Attorney General (collectively, "CCPA") and the California Privacy Rights Act of 2020 (the “CPRA”).

Collecting Personal Information

In the preceding twelve (12) months, we have collected the following categories of Personal Information:

Category of Personal Information Collected Personal Information Collected Categories of Sources of Personal Information Business Purpose for Collection
  • Identifiers
Name, email address, IP address, username
  • Directly from consumers.
  • Directly or indirectly from activity on our website by cookies or other tracking technologies.
  • From third parties that interact with us, including social networks, advertising networks and other publicly available sources.
  • Operate our Services
  • Product development and improvement
  • Customer service
  • Detecting and protecting against security events
  • Internal analytics and reporting
  • Internal research
  • Maintaining and enhancing service, debugging
  • Auditing consumer interaction & transactions
  • Advertising and direct marketing
  • Detecting/Protecting against security events, preventing fraud and abuse of our policies
  • Compliance purposes and meeting legal and regulatory requirements
  1. Personal Information Categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e))
Name, telephone number, passport number, credit card number, email address, ID of accounts with payment processors
  1. Internet or Other Electronic Network Activity Information
Interaction with our Services
  • Marketing and advertising providers.
  • Data analytics providers
  • Directly from a consumer's device by using cookies or other tracking technologies.
  1. Geolocation Data
Country, State, City Directly from consumer’s device by using IP address
  1. Inferences drawn from any of the personal information listed above to create a profile or summary
An individual’s preferences and characteristics
  • Advertising networks
  • Social networks
  • Directly from consumer’s device by using IP address, or as directly submitted by the consumer, or as made available on publicly available sources or social media pages.
  1. Commercial Information
Transaction information, purchase history Internal record of transactions.
  1. Artist's information
Name, address, contact details, demographic information, professional information, links social media pages and their contents, portfolio, PRO affiliation, IP rights banking and other, banking and payment gateway information, ID numbers and certificates, tax information, photo Directly from artists;
  • Agents;
Publicly available social media pages.
Assessing artists' candidacy;
  • Onboarding new artists
  • Presenting artists' information and content on our website
Transferring payments to artists

Among the types of personal information that we collect from you as detailed above, your account’s log-in information, your passport number and credit card number that we maintain for you as part of the Services are considered "sensitive personal information" by virtue of the CCPA and the CPRA.

Sharing Personal Information

In the preceding twelve (12) months, we have disclosed personal information (as mentioned above) to, or allowed access to personal information by, the following categories of recipients:

  • Data analytics vendors
  • Quality assurance vendors
  • Cloud storage Providers
  • Payment and auditing processors
  • Service providers
  • Advertising networks and marketing affiliates

Selling Personal Information

We do not "sell" personal information about our users as most people would typically understand this term. However, we do allow certain third-party partners to collect pseudonymized information about consumers through our Services for purposes of serving ads and related marketing materials that are relevant (including related activities such as campaign measurement and analytics, fraud detection and reporting). In this context, we "sell" resettable advertising identifiers and IP addresses with our advertising partners. These allow developers and marketers to track activity for advertising purposes and are used to enhance the personalization of ads.

You may opt out from the "sale" of your personal information by: (a) using our Opt-Out mechanism available here; (b) resetting these identifiers from within your device or limit ad tracking for your device as mentioned in the Tracking Technologies section of this policy. You may also contact us, by using the contact details provided below.

How to Contact Us?

If you wish to exercise any of the aforementioned rights, or receive more information, please contact us.

company information:
Sound Factory
Wackersbergerstr. 20
81476 Munich
Germany

Updates to This Policy

This Privacy Policy is subject to changes from time to time, in our sole discretion. The most current version will always be posted on our website (as reflected in the "Last Updated" heading). You are advised to check for updates regularly. In the event of material changes, we will provide you with a notice. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Privacy Policy.

February 2023