- Data Collection
General Information We Collect and How We Use It
We collect Personal Information when you apply to join our Creator Community and/or when you otherwise engage with the Community. This information may be submitted to us by yourself. Other times it may be collected automatically. You are not required to provide ATUS the personal data that we request, but if you choose not to do so, we may not be able to provide you with access to the Community, with our products or services, or respond to any inquiries you may have.
Information Collected When You Apply and Engage
Your Personal Information may be collected, used, and shared. As detailed below, the type of Personal Information collected may vary based on how it was gathered, but may include, among other things, your name, email address, and other information that you voluntarily submit (e.g., when you submit the application to join the Community), information automatically collected about your access to the platform hosting the Community that does not include personally identifiable information (e.g., the content that you choose to view and how you interact), and information about you that third parties may share with us if such third parties have previously received your consent to do so.
We may automatically collect certain information when you participate within the Community. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your Internet Protocol (IP) address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our platform and other technical information. This information is primarily needed to maintain the security and operation of the Community, and for our internal analytics and reporting purposes.
ATUS does not collect or process any data regarding race or ethnic origin; political opinions; religious or philosophical beliefs; trade union memberships; genetic or biometric data; health or mortality; or sexual orientation.
ATUS may collect Personal Information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your name and e-mail address, when you apply to join the Community, when you participate in activities within the Community, or otherwise when you contact us. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
The Community may contain links to websites and/or be hosted on websites not owned or controlled by ATUS. We do not have any control over these third-party websites and do not endorse them. We encourage you to be aware of third-party websites and their privacy policies, as we are not responsible for privacy policies or practices of third-party websites.
ATUS’s servers log information about your IP address, your browser type, and the current URL you are requesting. This information is always provided by your browser and automatically logged. These log files are stored in a secure location and used in our internal analysis of traffic patterns.
Cookies and Similar Tools
Like many businesses, we also collect information through cookies and similar technologies. A cookie is a small data file that is written to a computer's hard drive by a web browser. A cookie file can automatically collect information, such as a user identification code or IP address that a website will use to track the pages and number of times you have visited. The data read from these cookies may be linked to personally identifying (PII) and non-personally identifying (non-PII) information.
Cookies fall into the subcategories below.
Essential Cookies. Certain cookies are used for specific purposes that are essential to your secure use and navigation of the applicable website, platform, or application. Without them, ATUS may not be able to provide core Community functions and features to you, and the Community would not operate as well as you or ATUS would like. These cookies collect and use information such as your server preferences, single-session data and corresponding identifier, web beacons and log files, and other credential-related information. Essential cookies also help inform ATUS whether you require, or have already been served, an affirmative consent request in connection with our data policies. Essential cookies also include analytics cookies, which provide us data that allows ATUS to better understand its Creators and improve the Community based on what we have learned from that data.
Preference Cookies. Other cookies are used to collect and process information about your preferences and similar choices in connection with the Community and any applicable websites, platforms, or applications in order to optimize your Community experience. Preference cookies include social media cookies, which collect information about your social media usage and other data you may have provided in connection with such usage (if you access the Community through a social media website or mobile application, you may have social media cookies). If you wish to modify or change your social media cookies, please visit the appropriate social media website and review the settings related to your applicable social media account(s).
Services providing analytic tools (“Analytic Services”), including without limitation Google Analytics® may be used in connection with the Community which transmits website traffic data to servers in the United States. Analytic Services do not collect personal information, identify individual users, or associate your IP address with any other data. We do not share any personally identifiable information with our Analytic Services in connection with their performing of any services. We may use reports provided by Analytic Services to help us understand website traffic and webpage usage.
- Data Usage
Use of Your Information
We collect, process and disclose your Personal Information only for specific and limited purposes. For example, to respond to inquiries received from the use of or engagement within the Community, to consider applications to join the Community, to assess and handle any complaints, to develop and improve our products, services, communication methods and the functionality of our Community.
ATUS may profile your data where you have provided consent for us to do so; for example, accepting the setting of cookies on your browser online or submitting information via the application to join the Community. You can withdraw your consent to prevent your Personal Information from being used this way at any time by contacting the Privacy Officer firstname.lastname@example.org.
Your Personal Information may be used for the purposes outlined below.
To Provide Communications to You
From time to time, we may provide e-mails highlighting new features, promotions, or content related to the Community to those users who have expressly provided us with their permission to send such communications.
Sharing of Information
As a global business, ATUS shares your personal information internally and with selected third parties. You may be requested to voluntarily provide certain Personal Information during your involvement with the Community. If you choose to do so, that Personal Information may be shared with ATUS and its affiliates as well as business partners and vendors providing hosting and other web-based services for ATUS.
ATUS uses third parties to provide e-mail messaging, text messaging, account management and hosting services in connection with the Community. When you sign up to join the Community, we will share your Personal Information as necessary for the applicable third party to provide services related to the Community. These third parties are prohibited from using your Personal Information for any other purpose. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not joining or engaging within the Community.
As Necessary to Provide Information or Services
We may occasionally hire other companies to provide limited services on our behalf, such as handling the processing of information submitted on any application, the delivery of any mailings or correspondence, processing transactions, or performing statistical analysis of our services. We provide those companies the information they need to deliver the service. In some instances, these companies may collect information directly from you and you will be notified of the involvement of the external service provider. Such companies are subject to agreements that require them to maintain the confidentiality of your information and they are prohibited from using that information for any other purpose.
In the Event of Change in Ownership or Control
As Required By Law
ATUS may disclose your personal information if required to do so by law, such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, investigate fraud or comply with a judicial proceeding, court order, or legal process served on ATUS, or to protect and defend the rights or property of ATUS.
ATUS will not process your Personal Information without a lawful basis to do so. In general, ATUS will process your Personal Information on any of the following legal bases:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
When we collect and use your personal data for the purposes mentioned above or for other purposes, we will inform you before or at the time of collection. Where appropriate, we will ask for your consent to process your Personal Information. Where you have given consent for processing activities, you have the right to withdraw your consent at any time.
- Data Protection
How We Protect Your Information
ATUS takes the security of your Personal Information very seriously. We take every effort to protect your personal information from misuse, interference, loss, unauthorized access, modification or disclosure. Our measures include implementing appropriate access controls, investing in the latest information security capabilities to protect the IT environments we leverage, and ensuring we encrypt and anonymize personal data wherever possible. Access to your Personal Information is only permitted among our employees and agents on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third parties.
Your information may be stored on servers owned and operated by ATUS and its affiliates or by cloud/software service providers (“SaaS Services”) and located in the United States. Our SaaS Services are committed to using industry-standard physical, electronic, and organizational safeguards to protect information against loss or theft as well as unauthorized access and disclosure to protect individuals’ privacy and to employing security techniques to protect such data from unauthorized access.
However, it must be noted that “perfect security” does not exist today. If you are concerned that your privacy may have been breached, please contact us.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to any feature of the Community, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures.
- Data Retention
How Long We Keep Your Information
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. We will actively review the personal data we hold and delete it securely, or in some cases, anonymize it when there is no longer a legal, business, or consumer need for it to be retained.
- Privacy Rights and Considerations
Additional Privacy Considerations
See below for additional privacy considerations.
You should review the privacy policies of any third parties and their Applications (particularly, Facebook and Discord) before you provide any personal information or complete any transaction with such parties. Please contact each third-party provider directly if you have any questions about their privacy policies or the information they require for you to complete any transaction.
International Data Transfers
General Data Protection Regulation
If you are a resident of the EU, you have specific rights concerning your Personal Information. In some instances, ATUS may require explicit consent from you to process certain user information. In such instances, you will receive a direct request from ATUS for your permission to collect and/or process your user information and you will be required to provide affirmative consent. In any event, ATUS will clearly explain what user information is being collected and/or processed and how it will be used. ATUS only collects a minimum amount of user information necessary to perform its services. Explicit consent may always be retracted at any time by a data subject covered under GDPR.
If you are a resident of the European Union, under GDPR, you have the following rights:
- Right to Access and Rectification – You have the right to access, correct, or update your personal data at any time.
- Right to Data Portability – The personal data you have provided us with is portable. This means you have a right to request that your Personal Information be moved, copied, or transmitted electronically under certain circumstances.
- Right to be Forgotten – Under certain circumstances, you have the right to request that we delete your data. If you wish to delete the Personal Information we hold about you, please contact us and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy, or permanently de-identify it.
- Right to Restrict Processing – Under certain circumstances, you have the right to restrict the processing of your personal data.
- Right to Object – Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
- Right to Lodge a Complaint – You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your personal information.
- Right to Withdraw Consent – If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (although, if you do so, it does not mean that anything we have done with your Personal Information with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us using the information provided below.
- Rights Related to Automated Decision-Making – You have the right not to be subject to a decision that is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right to (1) obtain human intervention; (2) express your point of view; (3) obtain an explanation of the decision reached after an assessment; and (4) challenge such a decision.
Further information and advice about your rights can be obtained from the data protection Regulator in your Country. If you would like to exercise your rights under the GDPR, you may contact ATUS as outlined below under the section for “Contacting Data Controller.”
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-pl.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Children’s Online Privacy Information
CHILDREN ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION
Our Community is not designed for persons under the age of thirteen (“13”). We are not responsible for any access or use of the Community by children or minors under the age of 13. No one under age 13 may provide any personal information to, on, or in connection with the Community. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Community, through any application to join our Community, or through any of their features of the Community, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as outlined below.
We do not knowingly solicit data from or market to children under eighteen (“18”) years of age. By applying to join the Community, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of and access to the Community. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us.
Residents of California
If you are a resident of California, under the California Consumer Privacy Act (“CCPA”), you have the right to:
- Request ATUS disclose the categories and specific information that it has collected about you;
- Request ATUS delete any personal information about you that it has collected;
- Request ATUS not to share your personal information at any time (the “right to opt-out”);
- Request ATUS correct any inaccurate personal information it maintains about you; and
- Request ATUS to restrict its use and disclosure of your sensitive personal information.
If you would like to exercise your rights under the CCPA, you may contact ATUS as outlined below. ATUS may not discriminate against you if you exercise any of your rights under the CCPA.
Residents of Canada
If you are a resident of Canada, under the Personal Information Protection and Electronic Documents Act (“PIPEDA”), you have the right to:
- Request ATUS provide you with access to the personal information we hold about you;
- Request ATUS correct any inaccurate or outdated personal information we hold about you;
- Request ATUS delete any inaccurate personal information we hold about you; and
- Request ATUS withdraw your consent to any activities for which you have previously consented.
When we collect information from you, you may inform us if you do not wish to be contacted for marketing/market research purposes in accordance with Canadian Anti-Spam Legislation. If you do not want to receive promotional information from us or our representatives, please use the unsubscribe option in your user account or the email you received, or email us at email@example.com to update your personal contact preferences. Note that unsubscribing from our emails will not prevent you from receiving transactional emails relating to orders, warranties, support, or service requests.
If you would like to exercise your rights under the PIPEDA, you may contact ATUS as outlined below.
- Revisions and Updates
Contacting Data Controller
AUDIO-TECHNICA U.S., INC.
1221 Commerce Dr.
Stow, Ohio 44224
Attention: PRIVACY TEAM
By Email: firstname.lastname@example.org
This Agreement may be subject to the guidelines and policies of the specific platform that the Creator Community may be hosted on from time to time. Moreover, this Agreement is subject the ATUS Creator Community Terms and Conditions and Creator Community Guidelines. Nonetheless, by accessing and engaging within the Creator Community, you are considered to be in agreement with the terms and conditions contained herein.
Any rights not expressly granted herein are reserved by and for us.
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
ATUS will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2022, AUDIO-TECHNICA U.S., INC. All Rights Reserved.