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Antares Audio Strategies, LLC Privacy Policy

Last modified: May 2020

Introduction

Antares Audio Strategies, LLC (“we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide to us, including when you visit the website www.antarestech.com (our “Website”), when you use our application for your mobile device (our “Application”), or when you use our auto-tune and vocal-processing software or any other software or programs we provide or make available to you to use, manage, access or activate our auto-tune and vocal-processing software (collectively, our “Software”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. We refer to our Website, Application, and Software cumulatively as our “Services.”

This Policy applies to any information that we collect through our Services, including any information in any e-mails, posts, texts and other electronic messages between you and our Services, and any information about you transferred to our Services from other websites. This Policy also applies to (1) any information that we collect about you offline but that will be processed by automated means using our Services, (2) any information that we collect about you when you contact our customer help desk or use our support services, and (3) any information that we collect about you when you mail us or e-mail, text or exchange other electronic messages with us or when you interact with messages you receive from us. This Policy does not apply to any other information that we collect by any means.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Services. By accessing or using our Services, you agree to this Policy. This Policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes; however, we will not collect additional categories of Personal Information (as defined below) beyond those disclosed in this Policy without providing additional notice to you, and we will not use your Personal Information for additional purposes beyond those disclosed in this Policy without providing notice and obtaining your consent.

Information We Collect About You and How We Collect It

Personal Information We Collect

We may collect several types of information from and about users of our Services by which you may be personally identified. All of this information is cumulatively referred to in this Policy as “Personal Information.” The Personal Information we collect on or through our Services includes the following (as applicable):

  • Your name and the name of your employer.
  • Information used to contact you or your employer directly, including e-mail addresses, mailing/physical addresses and telephone numbers (including mobile telephone numbers).
  • The IP Address or Mobile Device ID associated with your device and the operating system used by your device.
  • Payment information, such as credit card or debit card information, security codes, zip codes (for verification purposes) and other financial information used to process transactions related to our Services.
  • Affiliations with educational institutions.
  • Information about your role within the music industry (e.g., producer, artist, etc.).
  • Information about the types of plugins you own or use.
  • Communication, usage and product preferences related to our Services.

We may also collect the following types of information from and about you when you use our Services, which we also consider to be “Personal Information” to the extent we maintain it in a form that is directly linked or linkable to you, personally:

  • Internet or other electronic network activity information, such as your browsing history on our Website, search history and information regarding your interaction with our Services (see section below titled “Technical Information”).
  • A history of your purchases made through our Services.
  • Inferences drawn from the information described above that we use to create a profile about you reflecting your personal preferences and purchasing behavior (see also section below titled “Tracking”).

How We Collect Information

We primarily collect Personal Information directly from you when you register to use our Services, complete a purchase to use our Software, enter into a sweepstakes, contest, giveaway or other promotion related to our Services, correspond with us via postal mail, e-mail, text message or telephone, request further services from us (such as customer support services), or report a problem with our Services. We also collect certain information automatically as you use our Services or interact with the e-mails, text messages and other electronic messages we send to you (see section below titled “Technical Information”).

Technical Information

We collect certain types of technical information provided by the browser of the computer, tablet or mobile device used by you when using our Services, such as:

  • Usage Details, IP Addresses and Browser Details. When you use our Services, we collect technical information such as the identity of your Internet Protocol (IP) address or Mobile Device ID, your computer’s or device’s operating system and browser type, file information, time stamped logs regarding access times and duration of visits, and the pages of our Website that you visit. Most browsers automatically transmit this type of information to websites. We collect this information to administer and manage our Services, to ensure that they function properly, and to obtain and review statistics and information related to our Services (for example, verifying system and server integrity).
  • Cookies. Our Website and Software use cookies. Cookies are small text files that are downloaded to the browser of a computer, tablet or smartphone used to visit a website. A cookie will identify your browser, help you log in and improve the navigation of a website. We use cookies to help improve the performance of our Services. Cookies allow us to review the number of visitors to our Website and/or users of our Software and a visitor’s or user’s usage patterns; to track key performance indicators such as pages visited, frequency of visits, downloads and other statistical information; to identify whether an individual accesses our Website via a mobile device or desktop; to recognize if an individual is a return user of our Website; to store information about user’s visits; and to remember user’s preferences. To learn more about cookies, go to http://www.allaboutcookies.org/. Please see the section below titled “Choices About How We Use and Disclose Your Information” for information on how to disallow or manage cookies.

Third Party Products

We may obtain Personal Information and other data from integrated third-party applications, programs and/or devices that you elect to use in connection with our Services (“Programs”) or from third parties who offer products that can be used in conjunction with our Services. You should review the third-party privacy policies applicable to information transferred to us from Programs or from such third parties, since they may allow different or broader uses of that information than would be permitted by our Policy.

How We Use Your Information

Generally

We use information that we collect about you or that you provide to us, including Personal Information, to:

  • Provide our Services and their contents to you.
  • Provide you with information, products or services that you request from us.
  • Process product purchases you have made through our Services, including by transmitting your Personal Information to the third-party payment processor that we use for securely processing payment card purchases.
  • Respond to and process your customer service and support requests.
  • Update and maintain customer, subscription or e-mail lists.
  • Send e-mail messages to you with certain offers, marketing and promotional information about our Services or the products and services of others that may be of interest to you.
  • Register you for sweepstakes, contests, giveaways or other promotions.
  • Create a profile about you reflecting your personal preferences and purchasing behavior.
  • Respond to lawful requests for information through court orders, subpoenas, warrants and other legal processes or obligations.
  • Enforce any contracts between you and us (including our Software License Agreement), including for billing and collection, or for the establishment, exercise or defense of legal claims.
  • Notify you about changes to our Services or any products or services we offer or provide through them.
  • Fulfill any other purpose for which you provide the information.
  • Serve any other purpose that we describe when you provide the information and for any other purpose with your consent.

Tracking and “DO NOT TRACK”

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions. Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes. We do not currently allow third parties to collect Personal Information through or using our Services that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes. Therefore, our Services do not respond to any “DO NOT TRACK” signals sent by your computer, browser or mobile device, and if your computer, browser or mobile device sends a “DO NOT TRACK” signal to our Services, our Services will not treat you differently from users who do not send such signals.

Google Analytics

We use Google Analytics to track and analyze certain traffic and usage statistics regarding our customers’ use of our Services, such as the number of visitors to our Website, how visitors are navigating to our Website, visitors’ general geographic region information, how long individuals are visiting our Website or using our Services, and information about the equipment individuals are using to access our Services, such as browser version and operating system. Google Analytics may use a Google Analytics cookie and may collect your IP Address or Mobile Device ID as part of this service (but neither we nor Google Analytics otherwise collects or processes any of your Personal Information in connection with our use of the Google Analytics services). We use this traffic and usage information to gauge, internally, the effectiveness of our advertising efforts and to make improvements to our Services and our marketing and promotional efforts.

In addition, we use Remarketing with Google Analytics. By enabling this feature, Google collects certain additional traffic and usage data using a Google Advertising cookie and other identifiers not tied to your Personal Information. We are prohibited by Google policy from using this information to try to identify individual users and from merging non-personally identifiable information obtained from Google with personally identifiable information we otherwise have about you without obtaining your separate consent. We use the information collected through our use of the Remarketing advertising feature to segment our audience and to better target our advertising and marketing efforts (for example, displaying targeted advertisements to individuals who viewed a product but did not add that product to their cart).

For more information, please review the following:

You can opt-out of our use of certain Google Analytics features by updating the Ad Settings in your browser ( adssettings.google.com/authenticated ) or mobile device ( support.google.com/ads/answer/1660762#mob ), by visiting the Network Advertising Initiative’s Consumer Opt-Out page at optout.networkadvertising.org , or by visiting Google’s currently available opt-outs over the web at tools.google.com/dlpage/gaoptout.

No Sales of Personal Information

We do not sell your Personal Information to third parties within the meaning of the California Consumer Privacy Act of 2018 and will not do so in the future without separately obtaining your prior express consent.

Disclosure of Your Information

We may disclose Personal Information to our affiliates and to any contractors, service providers or other third parties who need to know such information to provide services that we request to support our permitted uses of your Personal Information. For example, we may disclose certain of your Personal Information in connection with our use of Google Analytics (see the section above titled “Google Analytics”), we may share certain of your Personal Information with third parties that are sponsors of sweepstakes, contests, giveaways or other promotions for which you register, we may use a third-party cloud-hosting service provider (such as Amazon Web Services or Microsoft Azure) to store certain of your Personal Information securely, and we use a third-party payment processor to process in a secure manner any transactions you make using our Services. Our accountability for E.U. Personal Information (as defined below) that we receive in the United States under the Privacy Shield Frameworks and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we will remain responsible and liable under the Privacy Shield Principles if third parties we engage to process E.U. Personal Information on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage. For more information about the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, please see the section below titled “Users Outside of the United States.”

We may disclose your Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction and any due diligence review with respect to any such proposed transaction.

We may disclose your Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements or to respond to any government or regulatory request or audit, and to enforce or apply any contracts you or your company have entered into with us, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others.

Finally, we may disclose your Personal Information for any other purpose disclosed when the information is provided and for any other purpose with your consent.

The categories of Personal Information that we may disclose for the purposes described above include all of the categories of Personal Information that we collect about you, as described above.

Use and Disclosure of Aggregated or De-Identified Data

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may use and disclose to third parties any such de-identified or aggregated data (including traffic and usage data that does not identify you personally) for any lawful purpose.

Links to Social Media and Third-Party Websites

Our Services may include links to blogs, social media and third-party websites. These third-party sites have their own privacy policies and terms of use and are not controlled by this Policy. You should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any personal information. If you follow a link to any third-party site, any information you provide that site will be governed by its own terms of use and privacy policy and not this Policy.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from our Services. We make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site. The inclusion of a link to a third-party site on our website does not constitute any type of endorsement of the linked site by us. We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

Choices About How We Use and Disclose Your Information

You have certain choices regarding the Personal Information you provide to us. You can set your browser to refuse all or some browser cookies. If you choose not to accept cookies, you may be unable to access certain parts or pages of our Website, or certain parts or features of our Services may not function properly. To learn more about cookies and how to disallow or manage them, go to: www.allaboutcookies.org/.

If you do not wish to have your Personal Information used by us to contact you with promotional or informational content or messages, you may send us an e-mail stating your request to dpo@antarestech.com or you can opt out by simply clicking on the “Unsubscribe” or similar link in the most recent e-mail you received from us and by following the prompts that appear. This opt-out does not apply to information provided as a result of a product purchase, product service experience or other transactions, nor does it apply to our disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.

Please see the section above titled “Google Analytics” for additional choices you have regarding our use of your information.

Request to Know and Request to Delete

Subject to certain exceptions set forth under the California Consumer Privacy Act of 2018, you have a right to request that we disclose to you certain information about (and, if requested, to receive a portable copy of) the Personal Information about you that we collect, use, and disclose to third parties (a “Request to Know”), and you have a right to request that we delete your Personal Information that we have collected or that we maintain (a “Request to Delete”). You may submit a Request to Know or a Request to Delete by sending us an e-mail stating your request to dpo@antarestech.com or by visiting us on the web at antarestech.com and completing and submitting the interactive webform there.

Upon receipt of your Request to Know or Request to Delete, we will take steps to verify your identity in order to confirm that the person making the request is actually the person about whom we have collected Personal Information (that the “you” making the request is actually you):

  • If you have a password-protected account through our Services, we will verify such requests by asking you to log in to your existing password-protected account through our Services and to re-authenticate yourself by re-entering your user name and password. In this situation, even if you choose to submit your Request to Know or Request to Delete using the e-mail address or webform described above, we will respond (for verification purposes) by providing detailed instructions directing you to log in to your existing password-protected account through our Services and to re-authenticate yourself by re-entering your user name and password. Once you have verified your identity, you may use the self-service portal we have provided for you there to submit your Request to Know or Request to Delete.
  • If you do not have a password-protected account through our Services, please note that we have only limited information about you. If your only contact with us has been to visit our Website and/or to contact us via our Website or otherwise, we verify such requests by asking users to send the Request to Know or Request to Delete to dpo@antarestech.com. You will be required to verify your request by verifying certain Personal Information we have on file for you, and it is possible we may be unable to reasonably verify your request.

You may also designate an authorized agent to make a Request to Know or Request to Delete on your behalf. To designate an authorized agent to act on your behalf in this manner, you or your authorized agent must submit proof that either (1) such agent has actually been authorized in writing to act on your behalf, or (2) you have provided the authorized agent with power of attorney pursuant to the applicable laws in your jurisdiction. You may submit such proof by e-mailing us at dpo@antarestech.com. If a duly-designated authorized agent makes a Request to Know or Request to Delete on your behalf, we will still require you to verify your own identity using the process described above, unless you have submitted verifiable proof to us that you have provided the authorized agent with power of attorney.

If you choose to exercise any of the rights described in this section, you will not receive differential treatment by us as a result (e.g., different prices or quality of services), except to the extent permitted by applicable law (including if those differences are reasonably related to the value of your Personal Information).

Users Outside of the United States

Our Services are hosted in the United States and are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a resident of any country other than the United States, please note that by providing your Personal Information to us, you are consenting to the transfer of your Personal Information to the United States and other jurisdictions as indicated above, and to our use and disclosure of your Personal Information in accordance with this Policy.

Generally

If you are a resident of the European Union, the United Kingdom, or Switzerland, please note that governing bodies in your respective jurisdictions have determined that the laws of the United States do not provide adequate protection for your Personal Information. Accordingly, we are transferring your Personal Information from such jurisdictions to the United States under the terms of our certification with the U.S. Department of Commerce under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shield Frameworks”).

We comply with the Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland (“E.U. Personal Information”) to the United States, and we follow internal procedures for verifying that our commitments under this Policy have been implemented. We have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles with respect to such E.U. Personal Information. If there is any conflict between the terms in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit www.privacyshield.gov. Our compliance with the Privacy Shield Principles can be investigated and enforced by the United States Federal Trade Commission.

Complaints

In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your E.U. Personal Information transferred to the United States pursuant to the Privacy Shield Frameworks. European Union, United Kingdom, and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us directly at dpo@antarestech.com.

We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information or to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction . You may also have the right to make a GDPR complaint to the relevant Supervisory Authority in your country of residence. A list of Supervisory Authorities is available at https://edpb.europa.eu/about-dpb/board/members_en . You can find more information on your enforcement rights at www.privacyshield.gov .

Your European Union Privacy Rights

If you are a resident of the European Union, United Kingdom, or Switzerland, you will have the following additional rights with respect to E.U. Personal Information:

  • If we intend to disclose your E.U. Personal Information to any third party that will have the right to process your E.U. Personal Information, we will enter into a contract with that third party that provides that your E.U. Personal Information may be processed only for limited and specified purposes consistent with the consent that you have provided to us, and that the third party must provide the same level of protection for your E.U. Personal Information that we are obligated to provide under this Policy while it is processing your E.U. Personal Information. In addition, we will notify you if that third party will have the right to determine the purposes for which it will process your E.U. Personal Information and the means it will use to process your E.U. Personal Information (rather than just providing requested assistance to us in support of our permitted uses of your E.U. Personal Information). In certain situations, we may be required to disclose E.U. Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • If your E.U. Personal Information is being processed by automated means, you have the right to obtain a copy of your provided E.U. Personal Information, together with certain additional Personal Information that we have generated as a result of your use of our Services, in a structured and commonly used machine-readable format, and to transfer such Personal Information to another service provider. Upon your request, we will transfer that Personal Information directly to another service provider if it is feasible for us to do so.
  • If we are processing your E.U. Personal Information based on your consent, you may withdraw that consent at any time.
  • You may restrict our use of your E.U. Personal Information by sending us an e-mail stating your request to dpo@antarestech.com, if you have contested the accuracy of that information, if the processing is unlawful or if you need the information to establish, exercise or defend a legal claim. We will then store your E.U. Personal Information and process it only with your consent, or to establish, exercise or defend a legal claim or to protect the rights of others. The restriction with respect to information claimed to be inaccurate would end if we verify the accuracy of that contested information.
  • We do not collect, store or process sensitive information related to your racial or ethnic identity, political opinions, religious or philosophical beliefs, trade union membership, health (including genetic and biometric data), sex life or sexual orientation (“E.U. Sensitive Information”). We will not use or disclose any of your E.U. Sensitive Information without your explicit consent, subject to certain limited exceptions. Should we wish to make any such use or disclosure, we will notify you by e-mail and will request that you authorize such use or disclosure by responding to the e-mail with your explicit consent.
  • We may create a profile to analyze or predict your personal preferences or interests solely related to your use of our Services and for the purposes described in this Policy. We do not otherwise create profiles to analyze or predict your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. We do not make any decision about you that would have legal consequences or similarly significant effects on you based solely on automated decision-making, including the use of profiles.
  • Upon our receipt of your request by e-mail at dpo@antarestech.com and our verification of your identity, we will advise you whether we are processing E.U. Personal Information concerning you and, if so, will provide you with a copy of your E.U. Personal Information being processed and certain information about the nature and purposes of the processing. If your E.U. Personal Information is used for automated decision-making, we will provide you with summary information on the logic being used and the types of decisions being made. You may correct, amend or delete any such E.U. Personal Information that is inaccurate or incomplete. We will respond to all requests within a reasonable timeframe.
  • Upon your request, we will erase any of your E.U. Personal Information that is no longer needed for the purpose for which it was collected, or that is being used for direct marketing purposes, or if our use is based on your consent and you withdraw that consent.
  • If we are using your E.U. Personal Information on the basis of your consent, and we change our Policy to permit any use or disclosure of your E.U. Personal Information that is materially different than the uses for which it was originally collected or subsequently authorized by you, we will obtain your consent before we make such further uses of your E.U. Personal Information.

California “Shine The Light” Disclosure

The California Civil Code permits California residents with whom we have an established business relationship to request that we provide a list of certain categories of Personal Information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an e-mail to dpo@antarestech.com or otherwise contact us using the information set forth below. Please mention that you are making a “California Shine the Light” inquiry. However, please note that we do not currently disclose any of your Personal Information to third parties for their direct marketing purposes.

Accessing and Correcting Your Information

You can review and change certain portions of your Personal Information as described above in the sections titled “Request to Know and Request to Delete” and “Your European Union Privacy Rights.” You may also send us an e-mail at dpo@antarestech.com to request access to any Personal Information that you have provided to us, or to correct or delete that Personal Information. For security reasons, we may need to request specific information from you to help us confirm your identity before we correct, update or delete any Personal Information you provide to us. We will evaluate any requests on a case-by-case basis. We cannot delete certain portions of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or would cause the information to be incorrect.

Children Under the Age of 16

Our Services are not intended for children under 16 years of age, and no one under the age of 16 may provide any information to us or others on or using our Services. We do not knowingly collect Personal Information from children under the age of 16. If you are under 16 years of age, do not use or provide any information on our Services, make any purchases through our Services, use any of the interactive features of our Services, or provide any information about yourself to us, including your name, address, telephone number, email address, IP Address or Mobile Device ID, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact us at dpo@antarestech.com.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us is stored on our servers behind firewalls, and certain Personal Information will be encrypted using secure socket layer (SSL) technology.

The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Services, you are responsible for keeping that password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information over the Internet is not completely secure. Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to or using our Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Services.

Changes to Our Privacy Policy

We post any changes we make to our Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the Website home page.

The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.

Please note that we will not collect additional categories of personal information beyond those disclosed in this Policy without providing additional notice to you, and we will not use your Personal Information for additional purposes beyond those disclosed in this Policy without providing notice and obtaining your consent.

Contact Information

We are Antares Audio Strategies, LLC, a Delaware limited liability company. To ask questions or to submit comments about this Policy and our privacy practices, you may contact us:

  • Via E-mail: dpo@antarestech.com
  • Via Telephone: (831) 461-7800
  • Via Postal Mail: 2843 Mission St., Santa Cruz, CA 95060
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