DonorJams Privacy Policy (last updated 10.15.20)

1. Introduction.

1.1.      Effective Date. The effective date of this Privacy Policy is on the date that You accept this Agreement.

1.2.      Purpose. DonorJams Inc. (“DonorJams” or “Company“) is committed to respecting the privacy rights of users of the DonorJams website, the DonorJams service, and any software applications made available by DonorJams, such as any mobile device application DonorJams makes available (together, the “Service“). DonorJams has published this “Privacy Policy” to show its commitment to fair information practices and to the protection of privacy.

1.3.      Scope. This Privacy Policy is only applicable to the Service, and not to any websites or services of third parties (“Third Party Websites“), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 11 (Third Party Websites) and Section 4.5 (Third Party Cookies and Advertising).

1.4.      Separate Terms of Service. By using the Service, you represent and warrant that you have also read and understood, and agree to be bound by, both this Privacy and DonorJams’s separate Terms of Service document (the “Terms of Service“), which is incorporated by reference and made part of this Privacy Policy. The Terms of Service document is available at https://donorjams.com/terms.

1.5.      No Permission Without Agreement. By using the Service, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Service.

2. Updates and Changes to Privacy Policy.

2.1.      Each time you access the Service, the then-current version of this Privacy Policy will apply. Each time you use the Service, we recommend that you check the date of this Privacy Policy (which appears at the top) and review any changes since the last time you used the Service.

2.2.      Although most changes are likely to be minor, DonorJams reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless DonorJams obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.

3. Children’s Privacy. DonorJams does not solicit or knowingly collect Personal Information from children under the age of 13. If DonorJams obtains actual knowledge that it has collected Personal Information from a child under the age of 13, DonorJams will immediately delete such information from its database. Because DonorJams does not collect Personal Information from children under the age of 13, DonorJams has no such information to use or disclose to third parties. DonorJams has designed this Privacy Policy to comply with the Children’s Online Privacy Protection Act (“COPPA”).
4. Information Collection Practices.

4.1.      Traffic Data. Like most website and mobile application operators, DonorJams automatically gathers information that web browsers automatically make available, including: (i) IP addresses; (ii) Internet domain names; (iii) types of devices accessing the Service; and (iv) types of Web browsers accessing the Service (collectively “Traffic Data“). Traffic Data is anonymous information that is not meant to personally identify you.

4.2.      Cookie Policy. “Cookies” are text files that are placed on your computer by websites that you visit or certain emails that you open. Cookies store a string of information on a user’s computer or mobile device, which the user’s web browser provides to the Service automatically each time it interacts with the Service. The purpose of Cookies is to identify the user as a unique user of the Service. DonorJams uses two types of Cookies: “first-party cookies” and “third-party cookies.”

4.3.      First Party Cookies. DonorJams uses first-party Cookies on the Service, for example the Google Analytics Cookie, for the following purpose(s): to gather visitor and access information relevant to customizing the Service to your interests.

4.4.      If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the Service. However, certain features of the Service may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.

4.5.      Third Party Cookies and Advertising.

4.5.1.   Advertising on Third Party Websites. DonorJams may advertise on other Third Party Websites to you after you access the Service. We and third-party marketing partners, including without limitation Google, Inc. (“Google“), may use first party Cookies (such as the Google Analytics cookie), third party Cookies (such as the DoubleClick cookie), and web beacons (such as the Facebook conversion tracking pixel, see https://www.facebook.com/business/a/online-sales/conversion-tracking), including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the Service. This practice is commonly known as retargeting or remarketing (see https://en.wikipedia.org/wiki/Behavioral_retargeting).

4.5.2.   Google Analytics.

4.5.2.1.            Google Analytics is Google’s analytics tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the “__ga” cookie. DonorJams uses Google Analytics on the DonorJams website.

4.5.3.   Data Collection by Third Parties. Any of these third parties may place Cookies on your computer or mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content.

4.5.4.   Opting Out of Third Party Cookies.

4.5.4.1.            You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads.

4.5.4.2.            You may learn about Facebook Cookies and how to customize your preferences at https://www.facebook.com/about/ads.

4.5.4.3.            You may opt out of using other third parties’ Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can also learn more about how to delete or control Cookies at http://www.aboutcookies.org/.

4.6.      Personally Identifiable Information. To use certain features of the Service, you will be asked to provide DonorJams certain personally identifiable information (“Personal Information“). Personal Information includes the following categories, without limitation: (1) “Contact Data” (such as name, phone number, fax number, mailing address and email address); (2) “Financial Data” (such as your credit/debit card number and expiration date); (3) “Demographic Data” (such as your gender and ZIP code); and (4) “Third Party Social Media Account Data” (such as your account information for third party social media accounts when you access the Service in connection to those accounts). In each case, you will be asked to provide Personal Information; the Service will not gather it secretly. DonorJams may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to DonorJams. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Service.

4.7.      Specific Information Collected. DonorJams collects the following specific items of Personal Information:

4.7.1.   first and last names (or nicknames) of artists, producers, composers, and songwriters

4.7.2.   your email address

4.8.      Information You Make Public. The Service may contain features (e.g., instant messages, electronic messaging, music uploading and music credits uploading, etc.) that allow you to upload, post, transmit, display, perform, or distribute content, or other information, including your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which DonorJams is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

5. Information Use and Disclosure Practices.

5.1.      Traffic Data and Information Gathered Using Cookies. DonorJams analyzes Traffic Data and information gathered using Cookies to help DonorJams better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, DonorJams is able to better design the Service to improve your experience, and to serve you more relevant and interesting content. From time to time, DonorJams may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service. DonorJams does not attempt to link information gathered using Cookies to Personal Information.

5.2.      Personal Information.

5.2.1.   Generally. DonorJams uses your Contact Data to send you information about DonorJams and DonorJams’s products and services, and to contact you when necessary in connection with the Service. DonorJams may use your Financial Data to verify your qualifications for certain features of the Service and, when necessary, to bill you. DonorJams uses your Demographic Data to customize and tailor your experience on the Service. DonorJams uses your Third Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third party social media companies, such as Facebook and Twitter. As with Traffic Data and information gathered using Cookies, from time to time DonorJams may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.

5.2.2.   Disclosure Practices. Except under the following categories of circumstances, DonorJams will keep your Personal Information private, and will not share it with third parties.

5.2.2.1.            Disclosure to Marketing Partners. DonorJams may use any Personal Information to help our clients better understand the demographics of our target audiences, as well as to support our marketing data products and services. We may also provide personally identifiable data to partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies. Your Personal Information may be used by these partner firms to provide consumers with information on products and services that may be of interest in accordance with this Privacy Policy.

5.2.2.2.            Disclosure in Connection with Service. DonorJams discloses Personal Information to those who help it provide services, including without limitation distribution, sales, licensing, streaming, publishing, and displaying. DonorJams also discloses Personal Information to those who help it provide services, including without limitation to those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.

5.2.2.3.            User Content.

5.2.2.3.1.         User Content Defined. “User Content” is any content, material, or information, including Recorded Music and Uploads, but not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute by means of the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, photos, personal photos, images, text, lyrics, pictures, graphics, and videos.

5.2.2.3.2.         License to User Content and Other Information. As stated in the Terms of Service, by using the Service, you grant DonorJams Inc. and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) the right to publish your name and any other names or usernames that you submit in connection with the Company Parties’ exercise of their license in and to your User Content and You further agree that the Company Parties, Distributors, and Digital Music Stores may publish or otherwise disclose your personal information, biography, likeness (photos and images), and voice. You further waive any claims arising from the Company Parties’ exercise of that right. For additional information, see the section of the Terms of Service titled “User Content”.

5.2.2.4.            By Law or to Protect Rights. DonorJams discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when DonorJams believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of DonorJams, third parties, or the public at large.

5.2.2.5.            Business Transfers; Bankruptcy. DonorJams reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of DonorJams’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by DonorJams’s successor organization.

6. Consent to Receive Electronic Communications From Company. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you hereby expressly consent to receive electronic and other communications from DonorJams, over the short term and periodically, including email communications, regarding the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) by submitting a message through the following webpage: https://donorjams.com/contact.
7. Consent to Receive Electronic Communications from Other Users. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you hereby consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Service.
8. Security of Personal Information. DonorJams takes security seriously. We use commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, DonorJams is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
9. Lost or Stolen Information. You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account and update our records accordingly.
10. User Ability to Access, Update, and Correct Personal Information. DonorJams wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Service, you represent and warrant that all information you provide in connection with your use of the Service is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, submit a message through the following webpage: https://donorjams.com/contact
11. Third Party Websites. DonorJams neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by DonorJams. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.
12. Promotional Activities. From time to time, DonorJams may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities“). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, DonorJams may also ask you to participate in surveys designed to help DonorJams improve the Service. Any Personal Information provided to DonorJams in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
13. Business Transitions. In the event DonorJams goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a “Business Transition“), DonorJams may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.
14. Do-Not-Track Disclosure. DonorJams does not respond to “Do Not Track” signals sent by browsers.

15. For European Union Users (in regards to the General Data Protection Regulation)

When You provide your Personal Information to DonorJams, you are granted the following rights:

-The right to lodge a complaint with a supervisory authority

-The right to obtain confirmation whether or not personal data is being processed, and the right to access that personal data

-The right to rectify personal data that is processed, the right to erasure of personal data (right to be forgotten), the right to restrict data processing

-The right to withdraw consent for processing personal data at any time (while acknowledging the lawfulness of data processing which occurred before consent was withdrawn)

-The right to have the personal data transmitted directly from one controller to another, where technically feasible (data portability),

-The right not to be subject to automated processing and/or profiling,

-The right to object to processing of personal data, including:

-The right to object to at any time the processing of personal data for the performance of a task carried out in the public interest or in the exercise of official authority vested in DonorJams (including profiling),

-The right to object to at any time the processing of personal data for the purposes of the legitimate interests pursued by the DonorJams or by a third party (including profiling),

Pursuant to these objections, DonorJams shall no longer process that data unless the DonorJams demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of any person(s) (for which data was processed), or unless for the establishment, exercise or defense of legal claims.

-The right to object at any time to processing of personal data for direct marketing purposes, which includes profiling in relation to such direct marketing.

If You provide DonorJams with Personal Information on behalf of any other person(s), You represent and warrant that those person(s) have read and understood, and agree to be bound by, both this Privacy and DonorJams’s separate Terms of Service document (the “Terms of Service”), which is incorporated by reference and made part of this Privacy Policy.

You also represent and warrant that for any individual whom You have provided to DonorJams their Personal Information on behalf of them is aware that their Personal Information (including their name) has been collected and may be sent to third party Digital Music Stores in relation to the Service, that third party Digital Music Stores may publicly display Personal Information (such as displaying the names of individuals who are credited as songwriters, composers, or producers of a song), and that individual is also aware of the contents and location of this Privacy Policy, including the applicable contact details for DonorJams.

The legal basis and purpose for which DonorJams collects, stores, processes, and/or transfers Personal Information is to distribute music (and information related to music releases including artist, songwriters, producer, and composer credits) to Digital Music Stores, to distribute funds to You or other third parties when necessary in connection with the Service, and to communicate with you in relation to the Service. In this Privacy Policy under the sections titled “Information Use and Disclosure Practices” and “Information Collection Practices”, DonorJams’ use of Personal Information is also further described.

In order for DonorJams to provide its Service to You, which includes distributing music releases to third party Distributors and Digital Music Stores, it is necessary for DonorJams to collect Personal Information.

You are not necessarily obligated to provide such Personal Information, however, the result of that may be that DonorJams is not able to provide the Service.

DonorJams collects, stores, processes, and/or transfers the following categories of Personal Information: name, email, audio, copyright ownership information, and photos and/or videos.

In regards to transferring Personal Information (except for emails) to third parties,

Distributors (third party music distributors) and Digital Music Stores receive this information from DonorJams in order to accurately and (in many cases) publicly credit individual artists, songwriters, producers, and composers for their work on the music which is being distributed in connection with the Service. Part of the music distribution service is to provide Distributors and Digital Music Stores with information about the music release, including person(s) names.

DonorJams will transfer Personal Information to international organizations (being Distributors and Digital Music Stores) without an adequacy decision by the party acting as the Commission (for the purposes of GDPR). In the absence of this adequacy decision and in the absence of providing safeguards for these data transfers, there is an additional risk to the security of Personal Information. However, You (and any other person(s) for which you submit Personal Information on their behalf) understand the risks of these data transfers and agree to these data transfers.

Personal Information is stored by DonorJams until the Service is terminated or for as long as DonorJams is actively providing distribution services, which includes monitoring and collecting funds from Distributors and/or Digital Music Stores and sending funds to third parties.

DonorJams determines how Personal Information is processed in connection with the Service, and also determines the purposes for processing. In regards to any requests, questions, comments, and/or concerns relating to DonorJams processing of personal data, you can contact DonorJams at kevin@donorjams.com or by using this link: https://donorjams.com/contact/

16. For California Users (in regards to the California Consumer Privacy Act)

When You provide your Personal Information to DonorJams, you are granted the following rights:

-The right to request the categories and specific pieces of personal information that DonorJams has collected from You. You can request this by contacting DonorJams at kevin@donorjams.com or by using this link: https://donorjams.com/contact/

-The right to be informed of (at the point of collection or earlier) the categories of personal information that DonorJams is collecting from You and the purposes of collecting these categories of personal information. DonorJams shall not collect personal information for any other purposes and categories of personal information for any other purposes without providing You with notice (at the point of collection or earlier).

-DonorJams shall only provide the categories and specific pieces of personal information that DonorJams has collected from You when the request is verified as coming from You.

-If DonorJams receives a verifiable request from You to access personal information, DonorJams shall promptly take steps to disclose and deliver (by mail or electronically) the personal information at no cost to You. If provided electronically, the information shall be portable and readily useable (to the extent it is technically feasible) in a way which allows You to easily transmit this information. DonorJams is only required to provide personal information to You up to two (2) times in one (1) year.

-The right to request that DonorJams delete any personal information about You that DonorJams has collected from You. DonorJams is required to disclose this right.

-DonorJams shall delete Your personal information from its records and direct any third party service providers to do the same, provided that DonorJams receives a verifiable consumer request to delete this personal information. DonorJams is not required to comply with this request if it is necessary to maintain Your personal information for any of the following reasons:

(a) To fulfill the terms of a warranty or product recall (according to federal law), to provide a good or service requested by You, or when reasonably anticipated for the relationship between You and DonorJams, to complete a transaction in which the personal information was collected, or to perform a contract between You and DonorJams.

(b) To detect security incidents, to protect against malicious, deceptive, fraudulent, or illegal activity; or to prosecute responsible parties for any of those activities.

(c) To identify, debug, or repair errors that impede the intended functions of DonorJams that exist.

(d) To exercise a right provided by law, to ensure another consumer’s right to exercise their right of free speech, or to exercise free speech.

(e) To comply with Chapter 3.6 of the California Electronic Communications Privacy Act.

(f) To engage in public or peer-reviewed statistical, scientific, or historical research in the public interest that adheres to all other applicable ethics and privacy laws, when DonorJams’ deletion of the personal information is likely to be impossible or to impede the success of that research, if You have provided informed consent.

(g) For solely internal uses that are reasonably aligned with Your expectations based on the Your relationship with DonorJams

(h) To comply with a legal obligation.

(i) To use Your personal information, internally, in a lawful way that is consistent with the situation in which You provided the personal information.

-In compliance with the California Consumer Privacy Act, DonorJams shall disclose the following (and You have the right to request that DonorJams discloses the following):

(a) The categories of personal information that DonorJams has collected about You

(b) The categories of sources from which personal information is collected.

(c) The business or commercial purpose for collecting or selling personal information.

(d) The categories of third parties that DonorJams shares personal information with

(e) The specific pieces of personal information that DonorJams has collected about You

-DonorJams shall disclose the above information to You, in compliance with the California Consumer Privacy Act and upon receiving a verifiable request from You.

-The right to request that DonorJams discloses to You the categories of personal information that DonorJams disclosed about You for a business purpose. DonorJams shall disclose this information to You, in compliance with the California Consumer Privacy Act and upon receiving a verifiable request from You.

-In compliance with the California Consumer Privacy Act, DonorJams shall disclose to You the category or categories of consumers’ personal information it has disclosed for a business purpose

-DonorJams shall not discriminate against You if You exercised any of Your rights under this title, including, but not limited to, by:

(a) Denying You DonorJams’ services

(b) Imposing penalties, or charging alternate rates or prices (including via discounts or other benefits)

(c) Providing an alternate level of services to You

(d) Suggesting that You will receive an alternate quality of services or level of services, or an alternate price or rate for DonorJams’ services

However, these prohibitions above do not apply if these actions are reasonably related to the value that Your data provides to DonorJams.

-DonorJams may offer financial incentives, including payments to You, for the collection, sale, or deletion of personal information. DonorJams may also offer an alternate rate, price, level, or quality of services to the consumer if that difference is directly related to the value provided to the value that Your data provides to DonorJams.

-If DonorJams offers any financial incentives as described above, DonorJams shall (in compliance with the California Consumer Privacy Act) notify You of the financial incentives.

-DonorJams may only proceed in a financial incentive program with You if You give prior opt-in consent to DonorJams (in compliance with the California Consumer Privacy Act) that clearly describes the material terms of the financial incentive program. This opt-in may be revoked by You at any time.

-DonorJams may not use financial incentive practices that are coercive, unjust, unreasonable, or usurious in nature.

DonorJams collects, stores, processes, and/or transfers the following categories of Personal Information: name, email, audio, copyright ownership information, and photos and/or videos. This Personal Information is collected from users (such as artists, artist representatives, and charitable organizations) who submit this information to DonorJams. If You have submitted Your Personal Information to DonorJams or if someone else with authorization has submitted Your Personal Information to DonorJams, then DonorJams has collected Your name and email, and possibly also Your audio, Your copyright ownership information, and Your photos and videos.

In regards to transferring Personal Information (except for emails) to third parties,

Distributors (third party music distributors) and Digital Music Stores receive this information from DonorJams in order to accuratelyand (in many cases) publicly credit individual artists, songwriters, producers, and composers for their work on the music which is being distributed in connection with the Service. Part of the music distribution service is to provide Distributors and Digital Music Stores with information about the music release, including person(s) names.

Personal information DonorJams has sold about consumers in the last 12 months:

-None

Categories of personal information that DonorJams has disclosed for its business purposes

-Name

-Email

-Audio

-Copyright ownership information

-Photos and/or videos which may or may not be considered Personal Information

The purpose for which DonorJams collects, stores, processes, and/or transfers Personal Information is to distribute music (and information related to music releases including artist, songwriters, producer, and composer credits) to Digital Music Stores, to distribute funds to You or other third parties when necessary in connection with the Service, and to communicate with you in relation to the Service. In this Privacy Policy under the sections titled “Information Use and Disclosure Practices” and “Information Collection Practices”, DonorJams’ use of Personal Information is also further described.

DonorJams does not sell consumers’ personal information. In order for DonorJams to provide its Service to You, which includes distributing music releases to third party Distributors and Digital Music Stores, it is necessary for DonorJams to collect Personal Information.