Privacy Policy

Please read the following Privacy Policy carefully. This Privacy Policy governs Your use of the Pipit, Inc. (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”) website https://www.indiepipit.com (the “Website” or “Platform”). Whenever the term “Website” or “Platform” is used, it includes the singular and plural and means and includes Indie Pipit, Pipit, and Our Platform.

The Platform also includes Our mobile applications, published in the Apple App Store and on Google Play as “Pipit: Discover Indie Music” and shown on Your device as “Pipit” (each an “App”). The Apps are distributed in the Apple App Store and on Google Play by Unified Global, LLC on behalf of Pipit, Inc. Whenever the term “Platform” is used, it includes the Apps, and this Privacy Policy applies to the Apps.

By using the Platform, You acknowledge that You have read and understand all of this Privacy Policy, and You agree to be bound by Our Privacy Policy. We are sensitive to the concerns that You have about the use of the information that You disclose to Us via Our Platform. Accordingly, this Privacy Policy sets forth Our privacy practices and the possible uses of the information that We gather via Our Platform.

You represent that you have read, understand, and agree to Our Terms of Use which include the Special Terms of Agreement Between Pipit, Artists, Artist Personnel and Fans.

FAN INFORMATION AND BACKSTAGE PASS

Pipit includes a feature called Backstage Pass that is specifically designed to help Artists and Fans discover each other based on compatibility, interests, personality, musical preferences, and other information voluntarily provided through Our Platform. Artists or Artist Personnel answer a series of questions about themselves, their music, creative process, interests, personality, style, and overall vibe. Fans can answer corresponding questions about the types of Artists, music, personalities, experiences, and relationships they are interested in discovering. Pipit uses this information to create compatibility information, matching information, recommendations, or other tools that help Artists discover Fans who may be particularly interested in them and help Fans discover Artists who may be a good fit for them.

Pipit uses individual responses from Fans and Artists, or Artist Personnel, to calculate compatibility, but those responses are not disclosed to the other party. The Artist sees the resulting match percentage, not how the Fan answered each question, and vice versa.

Backstage Pass Responses and Matching

Backstage Pass allows Artists and their Fans to answer a series of questions by selecting from predefined response options. Pipit uses these responses to calculate an overall compatibility or match score between Artists and their Fans.

Pipit does not display or disclose individual Backstage Pass responses to other Users. Artists cannot view a Fan’s specific answers to Backstage Pass questions, and Fans cannot view an Artist’s specific answers. Instead, Pipit processes the responses and may present Users with an overall match percentage or similar compatibility indicator or calculation. This allows Artists and Fans to identify potentially compatible connections without revealing the individual responses used to calculate the match so that the Artist can gain more Fans that might not otherwise have discovered the Artist music. Backstage Pass responses may be stored and processed by Pipit to provide and improve the matching functionality, subject to this Privacy Policy and Our Terms of Use.

You agree that Artists and Artist Personnel may be intentionally given access to certain Fan information through Pipit’s Backstage Pass for the purpose of developing Artist-to-Fan relationships and You hold Us harmless and indemnify Us against any and all claims of privacy violations or otherwise resulting from Us providing Artists or Artist Personnel with such Information.

Person or businesses that decide to fully access all the features available through the use of Our Platform may be required to register as a “User” once account creation is available. The term “User”, “You”, and “Your” means registered Users, including but not limited to fans, bands, musical groups, solo artists, musicians, and singers, Artists, Artist Personnel, Administrative Contact, Account Holder, advertisers, businesses, or third party service providers whether or not they are a person, company, business, or organization.

Visitors who are at least eighteen (18) years of age and not a minor in their state or country of residence, and who affirmatively indicate their agreement to abide by these Terms of Use and Our Privacy Policy (together the “Agreement”) by means of a click-through consent can have access to and make use of any of Our various services (“Services”) offered through Our Platform from time to time. If You are under fifteen (15) years of age, You may not create an Account or use Our Platform as a registered User. If You are at least fifteen (15) years of age but under eighteen (18) years of age, You may use Our Platform, including as an Artist where available, only through an approved minor-artist pathway with verified consent and ongoing involvement of Your parent or legal guardian, and only as permitted by applicable law and any age-gating, consent, safety, payment, and communication controls We require.

Electronic Acceptance/Clickwrap

You agree that by clicking a simple button to accept the Agreement You agree to all the terms and conditions. You understand that under the U.S. federal Electronic Signatures in Global and National Commerce Act (“ESIGN”), clickwrap agreements, such as this Agreement that simply requires You to click a box to accept its terms, holds the same status as “wet ink” signatures. The signing of this Agreement by clicking the box, signifies Your acceptance of the terms and conditions as specified herein. It also signifies that You are over eighteen (18) years of age and have the authority to enter into such this Agreement, or that You are at least fifteen (15) years of age but under eighteen (18) years of age and are using the Platform only through an approved minor-artist pathway with verified parent or legal guardian consent and involvement.

You agree and accept this Privacy Policy, as well as Our Terms of Use, all of which forms a binding Agreement between You and Us. If You do not agree to this Privacy Policy, You agree that You will not use Our Platform. The Company reserves the right to change this Privacy Policy at any time and will post such changes via the Platform. If You do not agree to the amended Privacy Policy, You agree to stop using the Platform. You will be deemed to have accepted the amended Privacy Policy if You continue to use the Platform after such changes have been made showing the “Last Updated” date. Any changes will be effective immediately upon the posting the new date. If changes are made, We will notify You by stating the date the Privacy Policy was last modified. Your continued use of Our Platform, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of Our Privacy Policy.

We have established this Privacy Policy to let Users know the kinds of information We may gather from Our Platform, how and why We gather the information, what We use the information for, and when We might disclose the information.

Please be advised that the practices described in this Privacy Policy apply only to information gathered by Us and any personal information We may also receive about Users from other online and offline sources, such as public databases, in connection with Our Platform. Each User that accesses or uses Our Platform agrees to have their information processed in accordance with this Privacy Policy.

Definitions

Any capitalized words not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms of Use.

Consent. By using Our Platform, and/or Services, each User consents to Our Privacy Policy, as well as the limitation of liability, indemnity provisions, dispute resolution process, and Our Terms of Use.

Acceptance of This Privacy Policy

By using Our Platform (whether or not You register or create any kind of account with Us), each User accepts the terms set forth in this Privacy Policy. Anyone that does not agree to the terms of this Privacy Policy should not use Our Platform. The only recourse for Users that do not agree to the terms of this Privacy Policy shall be to discontinue using Our Platform. By using Our Platform, You consent to having Your personal data transferred to and processed by Us, Our consultants and Our service providers.

Changes to This Privacy Policy

We reserve the right to revise or amend the terms of Our Privacy Policy at any time without prior notice and each User agrees that the revisions or amendments will be effective upon updating on this Website. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes, and it is the responsibility of each User to check back often. Continued use of Our Platform following the posting of changes shall mean that You accept those changes.

Our Privacy Policy and Terms of Use form the Agreement with each User and sets out the basis on which any personal data We collect from them, or that they provide to Us, will be utilized by Us. Any Content, Information, or data We collect will only be used in accordance with this Privacy Policy and the Terms of Use. Please read the following carefully to understand Our views and practices regarding Content, personally identifiable information (“PII”), Information, and data and how it will be treated. “PII” of a Fan is the Fan’s email address, their chosen User name, and their password. For minor Artists who are at least fifteen (15) years of age but under eighteen (18) years of age and approved to use the Platform through Our minor-artist pathway, PII may also include information reasonably necessary to verify parent or legal guardian consent, administer account oversight, apply required age-gating, safety, communication, payment, tax, and Stripe Connect controls, and provide the Services as permitted by applicable law.

Through the use of Our Platform each User agrees to the terms provided in Our Privacy Policy regarding the use of their personal Content, Information, and data that We collect by their visiting Our Platform or using Our Platform. Users that feel Our Privacy Policy is unacceptable to them, agree and represent that their only recourse is to discontinue use of Our Platform.

Communications From Us

To improve Our Services, We may ask Users to complete surveys that We use for research purposes, although Users do not have to respond to them. We may periodically send Users information regarding the Platform, updates, promotional emails, special offers, or other information which We think Users may find interesting. In such cases We will use the email address You provided to Us and which You agree We may send emails to for such purposes. We will also use Your Information to respond to requests You may make of Us. We may also refer to Your Information to better understand Your needs and how We can improve the Platform. You may opt-out of receiving promotional materials by following the opt-out instructions contained in the materials or by emailing Company at hello@indiepipit.com.

Information We May Collect From Users

Each User agrees that by entering their Information via the Platform or otherwise providing their Information to Us, We may collect the following information about them and use it in providing the Services associated with Our Platform: Name, contact information, including email address, phone number, age, gender, IP (Internet Protocol) address, Your User handle or User name, geographic location, geo positional data, information supplied during the processing of registering with Us, data usage trends, data showing the effectiveness of promotional campaigns, browser information, demographic information, browsing preferences, browsing data, the type of device being used, Platform usage information, information regarding any urls used with Our Platform, data regarding use of Our Platform, other information relevant to surveys and/or offers, and any other information We are legally allowed to collect. For minor Artists who are at least fifteen (15) years of age but under eighteen (18) years of age, We may also collect and process information from the minor Artist and the minor Artist’s parent or legal guardian that is reasonably necessary to verify consent, confirm eligibility, maintain parent or legal guardian involvement and account oversight, administer payment, tax, and Stripe Connect onboarding or payout requirements, and apply required age-gating, consent, safety, and communication controls. We require this information to provide Users with better Services.

Automatically Collected Information

Whenever You interact with Our Platform, We automatically receive and record information on Our server logs from Your browser or device, which may include Your IP address, geolocation data, device identification, “cookie” identifiers, cookie information, the type of browser and/or device You’re using to access Our Platform, and the page or feature You requested. “Cookies” are identifiers We transfer to Your browser or device that allow Us to recognize Your browser or device and tell Us how and when pages and features on Our Platform are visited and by how many people. Cookies and similar tracking technologies, such as beacons, scripts, web beacons and tags (which together We refer to as “cookies”), are small bits of text, usually stored on a User’s computer hard drive or within a browser. They enable a website to remember information about the User’s visit to Our Platform. On the website, We use device IDs and / or Advertising IDs in a similar manner to which We use cookies. You can find more information about cookies at: www.allaboutcookies.org or www.youronlinechoices.eu. Cookies and similar tracking technologies help Us recognize Your browser or device and understand how Our Platform is used. The Apps however have advertising ID removed, Firebase Analytics turned off, and there are no ads.

The types of cookies We may use include but are not limited to:

Session Cookies. These are cookies which expire once You close Your web browser.

Persistent Cookies. These are cookies which stay on Your desktop or mobile device for a specific period of time or until You delete them from Your device.

First-party cookies. These are cookies that are set by the website that You are visiting at that time, in this case Us, or by a third party at Our request.

Third-party cookies. These are cookies that are set by a third-party other than that of the website You are visiting. If You visit Our Platform and another party sets a cookie through that website this would be considered a third-party cookie.

Essential cookies. These are sometimes called “strictly necessary” because without the use of this type of cookie We cannot provide many of the services that You need to use Our Platform. They are usually only set in response to actions made by You related to a request for Services or to use various features on Our Platform. For example, essential cookies help remember Your preferences, such as setting Your privacy preference or logging in, as You move around Our Platform and use its features.

Analytical cookies. These are as the name implies used to analyze and track information about Your website visits so We can review performance and use that information to better improve Our Platform, its features, Services, and Content. The information these cookies collect is aggregated and therefore anonymous.

Functionality or preference cookies. These let Us operate various features on Our Platform according to Your preferences. These cookies help Us provide Services based on information You provide, such as Your username, preferred language, and customized features. These preferences are recalled the next time You visit Our Platform. They may be set by Us or by third party providers whose services We have added to Our pages and they help Our Platform functional properly according to Your preferences.

We will not use targeting cookies which are cookies that are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, enabling advertising networks to deliver ads that may be relevant to You based upon Your activities. This is known as behavioral, tracking, or targeted advertising on a social media platform or website. We will use advertisers on Our Platform however, but they will be in the form or banner ads and other commonly used advertising practices.

You may be able to change the preferences on Your browser or device to prevent or limit Your device’s acceptance of cookies, but this may prevent You from taking advantage of some of Our features. Please refer to Your devices settings to make those changes.

We may receive confirmation when You open an email from Us. This confirmation helps Us make Our communications with You more interesting and improve Our Platform, features, Content, and Services.

We may use this data to customize Content for You that We think You might like, based on Your usage patterns. We may also use it to improve Our Platform – for example, this data can tell Us how often users use a particular feature or Service offered though Our Platform, and We can use that knowledge to make improvements.

Much of the information We obtain is from Your device and includes:

Device operations. Information about the activities performed on Your device, such as windows open while using Our Platform, or mouse movements.

Device attributes. Information such as the operating system Your device uses, hardware and software versions, battery level, signal strength, available storage space, browser type, website and file names and types, and device plugins.

Identifiers. Unique identifiers, device IDs, and other identifiers, that may be available from games, apps or accounts You use, and family device IDs (or other identifiers unique to Our products and Services associated with the same device or account).

Device signals. Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

Data from device settings. Information You allow Us to receive through Your device settings that You turn on, such as access to Your global positioning system (“GPS”) location, camera or photos. If You decide not to turn on Your GPS location function in Your device You may not be able to use some features in Our Platform that rely on GPS.

Network and connections. Information such as the name of Your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or that operate on Your network.

Cookie data. Data from cookies stored on Your device, including cookie IDs and settings.

Heat Map and Tracking Software

We may use various types of website tracking software (“Tracking Software”) to track mouse movement, scrolling, and clicks on Our Platform in order to better understand Our Users’ needs and to optimize the use of Our Services. The most common form of Tracking Software is referred to as a “heat map” and the forms of heat maps include scroll maps, click maps, and movement maps. Heat maps are graphical representations of data where values are depicted by color. You specifically agree to Our use of Tracking Software and heat maps.

Our Tracking Software may capture screen shots of Users’ mouse movements, scrolling, and clicking habits which helps Us understand what Users want, care about, and do on Our Platform by visually representing their clicks, taps and scrolling behavior. Some of the reasons why We use heat map software are as follows: to see if Users are reaching important Content or failing to see it, to find and use a page’s main links, buttons, opt-ins, and CTAs, to see if Users are getting distracted by non-clickable elements, and to compare usage against mobile, tablet and desktop devices.

We use Tracking Software to help Us better understand Our Users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what Users do and don’t like, etc.) and this enables Us to build and maintain Our Services with User feedback. This Tracking Software uses cookies and other technologies to collect data on Our Users’ behavior and their devices, including IP address, device screen size, device type, browser information, geographic location, and the preferred language used to display Our Platform. This Tracking Software stores this information on Our behalf in a pseudonymized User profile.

We may use social media pixels to track and collect general information about Your use in compliance with different social media sites (Facebook, Twitter, etc.) for the purpose of promoting products, tracking conversions, remarketing, running target advertisements and so forth.

Third parties like Facebook may use their own cookies, web beacons and other technologies to collect and receive information from Our for the purpose of providing target advertisements. You may see Our ads on Facebook, other social media platforms, and other third party websites after You have visited Our .

Platform Analytics

We use multiple web analytics tools provided by service partners such as Google Analytics to collect information about how You interact with Our Platform, including what pages You visit, what site You visited prior to visiting Our Platform, how much time You spend on each page, what operating system and web browser You use and network and IP information. We use the information provided by these tools to improve Our Services. These tools place persistent cookies in Your browser to identify You as a unique user the next time You visit Our Platform. Each cookie cannot be used by anyone other than the service provider (example: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which You reside, or may be stored by Our servers to analyze the usage behavior. The information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies We use by utilizing settings in Your browser or third-party tools. You can opt-out of making Your activity available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Our Mobile Applications

This section describes information the Apps handle in addition to, or differently from, Our Website. Everything else in this Privacy Policy applies to the Apps as well, except where this section says otherwise.

Account and Content. When You create an account or sign in through an App, We collect the same account information described in this Privacy Policy, including Your email address, name and User name. Content You submit through an App, such as comments, photos, images, videos, audio, profile information and messages to Us, is collected and handled as described in this Privacy Policy.

Device Permissions. An App asks for access to Your device’s camera, microphone or photo library only when You choose to take or select a photo, image, video or recording to upload, and uses that access only for that purpose. You can withdraw that access at any time in Your device settings. The Apps do not use Your device’s location.

Usage Information. The Apps record how they are used, including the pages You view, the length of Your sessions, Your device type and operating system, the version of the App, and Your IP address, which We shorten before storing it. We use this information to operate, secure and improve the Platform.

Listening. When You play music, We record what You play and for how long so that We can measure listening time, pay royalties to Artists and show play counts. An App may show what is playing on Your device’s lock screen and in its notifications; that display stays on Your device.

Crash Reports. The Apps use Firebase Crashlytics, a service provided by Google, to send Us a report when an App crashes or encounters an error. A crash report contains technical information such as the device model, operating system version, App version, and details of the error and of the state of the App when it occurred. We do not attach Your name, email address or account to crash reports.

No Advertising or Cross-App Tracking. The Apps do not display advertising, do not use Your device’s advertising identifier, and do not track You across apps or websites owned by other companies. Firebase Analytics is turned off in the Apps. The statements elsewhere in this Privacy Policy about advertising identifiers, social media pixels, heat maps and targeted advertising do not apply to the Apps.

No Purchases in the Apps. The Apps do not sell anything and do not collect payment information. Memberships and other purchases are made on Our Website, where payments are processed by Stripe as described in this Privacy Policy.

App Stores. Apple and Google collect information when You download and use an App, under their own privacy policies, which We do not control.

Third-Party Analytics Providers, Ad Servers and Similar Third Parties

We may work with advertising agencies and vendors who use technology to help Us understand how people use Our Platform, and Services. These vendors may use technologies to serve You advertisements that may interest You, but if You prefer, You can opt out of receiving these advertisements. We may work with various social media platforms, ad networks, ad agencies, analytics service providers and other vendors to provide Us with information regarding traffic on Our Platform, including pages viewed and the actions taken when visiting; to serve Our advertisements on other websites, measure advertising effectiveness, social media platforms, within mobile apps, and elsewhere online. This helps Us obtain information regarding the use of Our Platform and the effectiveness of Our advertisements. Our service providers may collect certain information about Your visits to and activity on Our Platform, as well as third party websites or services. Some of these parties may collect PII when You visit Our Platform or other online websites and services. If You wish to opt out of interest-based advertising from participating companies, please use the Contact Us information below. You must opt out on each device and each browser where You want Your choice to apply. If You choose to opt out, please note You will continue to receive advertisements, but they may be less relevant to You.

Do Not Track Signals and GPC

Please note that Your browser setting may allow You to automatically transmit a “Do Not Track” signal to websites and online services You visit. We do not generally alter Our practices when We receive a “Do Not Track” signal from a User’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. Global Privacy Control (GPC) is a technical specification that You can use to inform websites of Your privacy preferences regarding ad trackers. If You do choose to set up GPC, it may impact the functionality of Our Platform, but We honor the GPC signal automatically in Your cookie preferences.

Messaging

Users may communicate with each other through Our Platform when such features are available. We have no control over what is said or communicated and reserve the right to cancel a User’s account or block, suspend, or terminate access if such communications are demeaning, derogatory, hateful, condescending, abusive, objectionable, or otherwise violate the Terms of Use, which We shall determine in Our sole and absolute discretion. For minor Artists who are at least fifteen (15) years of age but under eighteen (18) years of age, We may restrict, monitor, or configure communications as part of the approved minor-artist pathway and any required parent or legal guardian oversight and safety controls.

Communications Between Users or Others

You understand and agree that We are not responsible or liable for any loss, damages or costs associated in any way with communications, activities or interactions You may have with others, including but not limited to Users, either on or outside Our Platform. Any communications, activities or interactions You may have with others, either on or outside Our Platform, are completely at Your sole risk.

Reports, Blocks and Community Safety

You may report content or accounts that You believe break Our Terms of Use or community rules, and You may block other accounts. When You submit a report, We collect the reason You choose, any note You add, a copy of the content You reported as it appeared at that time, and Your account information or, if You are not signed in, any email address You choose to give Us, together with Your IP address, which We shorten before storing it. Reports are sent to Our staff.

We keep reports, including the copy of the reported content, even if that content or the account that posted it is later deleted, so that We can investigate, enforce Our Terms of Use and meet Our legal obligations, including Our obligation to preserve and report apparent child sexual abuse material to the National Center for Missing & Exploited Children.

When You block an account, We record the block so that We can hide that account’s posts and comments from You and stop the two of You from interacting on the Platform. Our staff are notified of the block. The blocked account is not told.

We automatically check certain text You submit, such as comments, posts, names and profile information, for slurs and hate speech, and may refuse to post it. We may review, remove or restrict content, and suspend or delete accounts, that break Our Terms of Use or community rules.

What We Do With the Information We Gather

Each User agrees that We may use the information We gather as follows: In order to process a User’s purchase of Services, We must share certain personal information every time a User signs up for Our Services. Such information may include the User’s e-mail address, physical address, phone number, and credit card information. Our service representatives may use Your telephone number or e-mail address to notify You of the status of Your account as necessary and appropriate. We may share User information with vendors, business clients, and other third-party providers who are performing services for Us. We may use information relating to minor Artists who are at least fifteen (15) years of age but under eighteen (18) years of age to verify parent or legal guardian consent, support account oversight and required safety controls, administer Artist eligibility and communications controls, and coordinate payment, tax, and Stripe Connect requirements involving the parent or legal guardian where required. We may also use User information for internal record keeping and data analysis. For Our statistical purposes, We gather details of User visits to Our Platform and the information that Users access, including, but not limited to, traffic data, location data, browser usage, page visits, weblogs, and other communication data. When Users contact Us, We may keep a record of that correspondence. We also use Users information to ensure that Content from Our Platform is presented in the most effective manner for computer or mobile devices.

We reserve the right to share Your Information in response to duly authorized information requests of governmental authorities or where required by law. We may also disclose Your Information if necessary for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of the Company or the Users of the Platform or to act under urgent circumstances to protect the safety of the Company, its employees, other Users of the Platform, Our service providers, advertisers, or members of the public.

From time to time, personal financial information (including credit card information) may be transmitted to facilitate transactions with Us between Users who are purchasing Our Services. We will not share such personal financial information with third parties other than those third parties such as banks, processing gateways and merchant processors required to process a User’s purchase, and Users understand that We cannot control how the banks, processing gateways or merchant processors will use such personal financial information. For minor Artists who are at least fifteen (15) years of age but under eighteen (18) years of age, payment, tax, and Stripe Connect information may be collected from or shared with the minor Artist’s parent or legal guardian and applicable payment processors as necessary to support the approved minor-artist pathway, payouts, tax reporting, and legally required account oversight. Therefore, Users using this Platform and the Services hereby consent to such sharing of personal financial information. Each User agrees to assume the risk and agrees that it is their responsibility to properly handle, secure, not store and destroy such personal financial information as may be necessary to protect it from misuse. You agree that We shall not be liable to Users or any third party for misuse of such Content or personal financial information.

We may disclose information We collect from Users to an affiliate or other third party in the event of any merger, sale, joint venture, assignment, reorganization, liquidation, transfer or other disposition of all or any portion of Our business, assets, or stock.

We may use third-party advertising companies to serve ads when Users visit Our Platform. These third-party advertising companies may use advertising technologies such as cookies, web beacons and other similar advertising technologies. These companies may use aggregated information about Your visits to Our Platform, third party sites, and use of Our Platform and in order to provide advertisements and promotions about Our Services that We believe Users may find of interest.

We may also release Users information when We believe release is appropriate to comply with the law, enforce Our Platform policies and Terms of Use, or protect Ours or other’s rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for data analysis, improving Our Services, marketing, promotional, advertising, or other uses.

Under what other circumstances may We release PII?

In addition to sharing Your PII with third parties as described above, We may also release Your PII to other third parties if We believe that such release is necessary (a) to comply with the law (e.g., a legal process or a statutory authorization or requirement) or a court order, (b) in order to apply or enforce the Terms of Use, (c) to protect You, other Platform Users, or Us from fraudulent, abusive, objectionable, or unlawful use of the Platform, or (d) if We reasonably believe that a danger to any person or property requires the disclosure of such PII or otherwise if We believe such a disclosure is needed to protect Our interests (as determined by Us in Our sole discretion).

Our rights under this Privacy Policy may be automatically assigned by Us, in Our sole discretion, to a third party or parties, and such an assignment will inure to the benefit of Our successors, assigns and/or licensees. Without limitation of the foregoing, We may sell, transfer or otherwise share some or all of Our assets, including without limitation Your PII, with any company under Our common control, joint venture, as well as to a potential acquirer and/or an acquirer (including without limitation in connection with a merger, reorganization, or sale of assets or stock, or in the event of bankruptcy). In each such instance, the PII We have collected from You may be one of the assets transferred in connection with such a transaction.

Online eCommerce Platform

We may use an online e-commerce platform that allows Us to provide the Services to You. Your information, including PII, may be transmitted through, and stored on third-party servers. By using Our Services, You consent to Our collection, disclosure, storage, and use of Your PII in accordance with this Privacy Policy and Our Terms of Service.

Our Service Providers

We use the following service providers to operate the Platform. They process information on Our behalf and under their own privacy policies:

• Google, for sign-in (Firebase Authentication), hosting, storage and databases (Google Cloud and Cloud Storage), crash reports in the Apps (Firebase Crashlytics), and analytics on Our Website (Google Analytics);
• Mux, to store and stream video;
• Stripe, to process payments on Our Website and payouts to Artists; and
• Brevo, to send email.

Apple and Google also distribute the Apps through their app stores.

Social Media, Posts, Texts, Forums and Profiles

Each User agrees that We may make available through Our Platform, third party sites, or the Services certain forms of media either now existing or to be created in the future (for example, social media, message boards, applications, chat functionality, videos, pictures, images, profile pages, text messaging and blogs) to which Users may be able to post Content. Please note that any Content, We, rss providers, outside third parties, or Users provide on these various forms of media may become public, and may be available to visitors to Our Platform, third party sites, Our Platform, and to the general public, including without limitation the ratings and reviews that accompany any pages on third party sites or Our Platform. We urge Users to exercise discretion and good manners when providing Content and deciding to disclose any personal information.

EACH USER AND CUSTOMER AGREES THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS CAUSED BY OUR USE OR THE USE BY ANY UNAUTHORIZED PERSON OR ENTITY, OF ANY CONTENT THAT USERS DISCLOSE THROUGH OUR PLATFORM, THIRD PARTY SITES, OUR PLATFORM, OR THE USE OF THE SERVICES.

YOUR CHOICES AND RIGHTS

You may have certain choices and rights associated with Your PII. Residents of certain locations may have the right to have an authorized agent submit requests on Your behalf. If You are the parent or legal guardian of a minor Artist who is at least fifteen (15) years of age but under eighteen (18) years of age and participates in Our approved minor-artist pathway, You may contact Us to review, correct, request deletion or removal of, or withdraw consent for the minor Artist’s PII, subject to applicable law, verification, and any information We must retain for legal, safety, payment, tax, Stripe Connect, dispute, or security purposes. You or Your authorized agent may request Us to honor these rights by using the Contact Us information below.

Non-Discrimination. You will not receive any discriminatory treatment from Us for the exercise of Your privacy rights.

Verifying Your Request. Only You, or a person that You authorize to act on Your behalf, may make a request related to Your PII. A parent or legal guardian making a request regarding a minor Artist’s PII must provide sufficient information for Us to verify the requester’s identity and authority and the parent or legal guardian relationship. In the case of access and deletion, Your request must be verifiable before We can fulfill such request. Verifying Your request will require You to provide sufficient information for Us to reasonably verify that You are the person about whom We collected PII or a person authorized to act on Your behalf. We will only use the PII that You have provided in a verifiable request in order to verify Your request. We cannot respond to Your request or provide You with PII if We cannot verify Your identity or authority. Please note that We may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded.

We take a number of steps to protect Your data, but no security is guaranteed.

We take commercially reasonable steps to help protect and secure the information it collects and stores about its Users. We maintain reasonable administrative, technical, and physical safeguards designed to protect PII that We receive against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use. However, please note that despite Our efforts to protect information provided to Us, We cannot guarantee that such information (including Your PII) will not be lost, disclosed or accessed by accidental circumstances or by the unauthorized acts of others.

Deleting Your Account and How Long We Keep Information

You can delete Your account at any time: in an App, open Your profile menu and choose Delete account; on Our Website, sign in, open Your profile menu and choose Delete account; or email Us at hello@indiepipit.com from the address on Your account. Instructions are also at https://www.indiepipit.com/delete-account.

Deleting Your account is permanent. It removes Your account, sign-in and profile, Your library, playlists, Discover Waves, follows and notifications, Your Backstage Pass profile and conversations, and, for Artists, Your Artist profile, music, releases, posts and the files behind them. Any membership is cancelled immediately, without a refund for the rest of the current period.

Some information is kept after Your account is deleted, without being linked to You: comments You left remain, shown as from a deleted account; likes and listening history remain as anonymous totals so that other Artists’ play counts are not affected; and messages and reports You sent to Us are kept so We can finish handling them. We also keep a record that the account was deleted and any payment and payout history for Our financial and legal records, and Stripe keeps its own billing records. Deleted information can remain in Our encrypted database backups for up to seven (7) days before it is overwritten.

For Individuals Located in the European Economic Area (EEA), United Kingdom (UK), or Switzerland

You have a number of rights under applicable data protection laws in relation to Your PII. Under certain circumstances, You have the right to:

• Have access to Your PII by submitting a request to Us;
• Have Your PII deleted;
• Have Your PII corrected if it is wrong;
• Have the processing of Your PII restricted;
• Object to further processing of Your PII, including to object to marketing from Us;
• Make a data portability request;
• Withdraw any consent You have provided to Us;
• Restrict any automatic processing of Your PII; and
• Complain to the appropriate Supervisory Authority.

To exercise any of these rights, please contact Us at hello@indiepipit.com.

Notice for California Residents

“Shine the Light” and “Eraser” Laws. Residents of the State of California may request a list of all third parties to which We have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.

California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA). The CCPA, as amended by the CPRA, provides California residents and/or their authorized agents with specific rights regarding the collection and processing of their PII.

Your Right to Know: California residents have the right to request that We disclose the following information to You about Our collection and use of Your PII over the past twelve (12) months. We may ask You to provide certain information to identify Yourself so that We may compare it with Our records in order to verify Your request. Upon verification, We will disclose to You:

1. The categories of PII We have collected about You.
2. The categories of sources for the PII We have collected about You.
3. The specific pieces of PII We have collected about You.
4. Our business or commercial purpose for collecting or “selling” Your PII as defined by the CCPA.
5. The categories of third parties to whom We have sold or shared Your PII, if any, and the categories of PII that We have shared with each third-party recipient.

Your Right to Opt-Out of “Sale” or “Sharing” of Personal Information: California residents have the right to opt-out of the “sale” or “sharing” of their PII as defined by the CCPA by using the Contact Us information below.

Please note that We do not knowingly “sell” the PII of any individuals under the age of 18. Where We are “sharing” Your PII with third parties for the purposes of cross-context behavioral advertising or profiling, You may opt-out of such sharing at any time by submitting a request to hello@indiepipit.com.

Your Right to Limit Use of Sensitive Personal Information: California residents may have the right to request that businesses limit the use of any sensitive PII to those uses which are necessary to perform the Services or for other specifically enumerated business purposes under the CCPA, as amended by the CPRA. Please note that We do not use sensitive PII other than as necessary to perform the Services or as specifically permitted under the CCPA.

Your Right to Delete: California residents have the right to request that We delete any of the PII collected from You and retained by Us, subject to certain exceptions. We may ask You to provide certain information to identify Yourself so that We may compare it with Our records in order to verify Your request. Once Your request is verified and We have determined that We are required to delete the requested PII in accordance with the CCPA, We will delete, and direct Our third-party service providers to delete, Your PII from their records. Your request to delete PII that We have collected may be denied if We conclude it is necessary for Us to retain such PII under one or more of the exceptions listed in the CCPA.

Your Right to Correct: Under the CCPA, as amended by the CPRA, California residents have the right to request that We correct any inaccurate PII We maintain about You, taking into account the nature of the PII and the purposes for which We are processing such PII. We will use commercially reasonable efforts to correct such inaccurate PII about You.

Non-Discrimination: You will not receive any discriminatory treatment by Us for the exercise of Your privacy rights conferred by the CCPA.

Notice for Nevada Residents

Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” or PII for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” or PII includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if You are a Nevada resident who has purchased or leased (or subscribed for) goods or services from Us, You may submit a request to opt out of any potential future sales under Nevada law by using the Contact Us information below. Please note We will take reasonable steps to verify Your identity and the authenticity of the request. Once verified, We will maintain Your request in the event Our practices change.

Notice for Residents of Certain Other States

The Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (CPA), and Connecticut Data Privacy Act (CTDPA) [and Utah Consumer Privacy Act (UCPA)] (“Applicable State Law”) provide residents of those states with certain rights, including the following:

Your Right to Confirm and Access: You have the right to confirm whether We are processing PII about You and access the PII We process about You.

Your Right to Portability: You have to right to obtain a copy of the PII We maintain and process about You in a portable and, to the extent technically feasible, readily-usable format.

Your Right to Delete: You have the right to request that We delete the PII We maintain or process about You.

Your Right to Correct: You have the right to request that We correct inaccuracies in the PII We maintain or process about You, taking into consideration the nature and purpose of such processing.

Your Rights to Opt-Out: You have the right to opt-out of certain types of processing of PII, including:

• Opt-Out of the “sale” of PII as defined by Applicable State Law;
• Opt-Out of automated profiling for the purposes of making decisions that produce legal or similarly significant effects.

Please note, as explained above, We do not “sell” PII as that word is traditionally defined. However, We do share PII with third parties to provide You with personalized advertising from Us and to better understand how You interact with Our Platform, and Services.

Cross-Border Data Transfers

Because We are a U.S. company and Our Platform is controlled, operated, and administered from the United States, We process and store Your information in the United States and Our service providers may process and store it elsewhere. We may transfer Your PII to a third party that is located in a jurisdiction other than the one from which We collected Your PII, including to countries that have not been deemed to have an adequate level of protection for the rights and freedoms of data subjects. If We do transfer Your PII to another jurisdiction, We will do so following due diligence and provided that the data recipient is subject to contractual agreements imposing obligations on it to ensure appropriate technical and organizational measures are implemented and maintained at all times to prevent the unauthorized and unlawful processing of PII, and the accidental loss or destruction of, or damage to, PII, consistent with Our obligations under applicable data protection laws.

Privacy Shield Notice

The EU-U.S. Data Privacy Framework (“DPF”), UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF (“Privacy Shield”) were respectively developed by the U.S. Department of Commerce and the European Commission, UK Government, and Swiss Federal Administration to provide U.S. organizations with reliable mechanisms for personal data transfers to the United States from the European Union, United Kingdom, and Switzerland while ensuring data protection that is consistent with EU, UK, and Swiss law.

In light of the judgment of the Court of Justice of the EU in Case C-311/18, We do not rely on the Privacy Shield as a legal basis for the transfer of personal data, however, when We or one of Our affiliates receives PII under the Privacy Shield and then transfers it to a third party service provider acting as an agent on their behalf, We or Our affiliate may have certain responsibility under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) We or Our affiliate is responsible for the event giving rise to the damage, however such damages are limited by the Terms of Use.

Covered European residents should contact Us at hello@indiepipit.com regarding their questions or concerns and We will do Our best to respond in a timely manner. If, after discussing the matter with Us, Your Privacy Shield issue or complaint is not resolved, then You may pursue the matter as follows: The laws of the State of Indiana, U.S.A. shall govern the validity, performance, enforcement, interpretation, and any other aspect of this Privacy Policy and any claims to be made by a User against Us, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Indiana, U.S.A. located in the Porter County for any action arising out of this Privacy Policy. Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00.

California Online Privacy Protection Act Compliance

As part of the California Online Privacy Protection Act, all Users of Our Platform may make any changes to their information at any time by logging into their account, if account functionality is available, and changing their information. We will not distribute their PII to outside parties without their consent.

Children Online Privacy

If You are under fifteen (15) years of age, You may not create an Account or use Our Platform as a registered User. If You are at least fifteen (15) years of age but under eighteen (18) years of age, You may use Our Platform, including as an Artist where available, only through an approved minor-artist pathway with verified consent and ongoing involvement of Your parent or legal guardian, and only as permitted by applicable law and any age-gating, consent, safety, payment, and communication controls We require. Our Platform, and Services are not intended for children under 15, and We will not knowingly collect any information from any children under the age of 15 except as permitted by applicable law. Our Platform, and the Services We offer are intended for a general audience of users 18 and older and for minor Artists ages fifteen (15) through seventeen (17) only through Our approved minor-artist pathway. We may collect and process PII from minor Artists ages fifteen (15) through seventeen (17), and from their parents or legal guardians, as reasonably necessary to verify consent, administer account oversight, process payment, tax, and Stripe Connect requirements, apply required safety and communication controls, and provide the Services. If We become aware that a child younger than 15 has provided Us with PII without a legally permitted basis, We will use commercially reasonable efforts to delete such information from Our files. If You are the parent or legal guardian of a child younger than age 15, or of a minor Artist ages fifteen (15) through seventeen (17), and believe that We have collected PII from Your child or wish to review, correct, request deletion or removal of, or withdraw consent for Your child’s PII, please contact Us at: hello@indiepipit.com. The Apps are rated for users 18 and older in the Apple App Store and on Google Play. The Apps are intended for users who are at least 15 years old. The Apps’ age ratings displayed in the Apple App Store and Google Play may reflect content-rating criteria established by those platforms and may vary by platform or jurisdiction. If you are under the age of majority where you live, you may use the Apps only with the consent of your parent or legal guardian.

Security Not Guaranteed

We use reasonable organizational, technical, and administrative measures to protect each User’s PII under Our control. However, We cannot guarantee 100% percent protection and security of such PII. Please do not email or text Us credit card information and/or other sensitive personal or financial information.

What We Don’t do with the Information We Gather

We will not disclose, sell, distribute, rent, lease or use any of a User’s data or pass on any such PII to third parties, which are not Our officers, directors, members, managing members, employees, business partners, affiliates, strategic partners, licensors, licensees, independent contractors, third party service providers, agents or representatives, unless We have Your permission or are required by law to do so.

We do not store Your credit card information. The credit card information and actual processing does not take place and is not stored on Our servers. The transaction is processed on the servers of the particular credit card processor We use to process the transaction.

Security

We are committed to ensuring that PII is secure. All non-financial information and Content provided to Us is stored on Our secure servers. In order to prevent unauthorized access or disclosure, We have taken all reasonable steps and put in place suitable safeguards to secure the information We collect from Users online.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will use Our reasonable best efforts to protect each User’s personal data, We cannot guarantee the security of their data transmitted to or through Our Platform; any transmission is at the risk of each User. Once We have received PII, We will use the necessary procedures and security features to try to prevent unauthorized access. We will take all reasonable steps necessary to ensure that PII and data are treated securely and in accordance with this Privacy Policy.

Use of Cookies

Our Platform uses cookies. A cookie is a small file which asks permission to be placed on a computer’s hard drive. Once someone has accepted the cookie, the file is added and the cookie helps analyze web traffic and browsing habits, such as what areas of the Platform are visited most frequently. At times We may gather information through the use of a cookie file which enables Us to gather statistical information regarding the use of Our Platform. This helps Us to improve not only Our Platform, but the Services We can provide to Users. We may use analytical software to track User habits and trends.

Users do have the choice to decline cookies. Most web browsers automatically accept cookies, but people can usually modify their browser setting to decline cookies if they prefer. Should You choose to decline cookies You may be unable to access certain information or parts of Our Platform, and some or all of the Services may not work properly. Our advertisers and promoters may also use cookies, over which We have no control.

We may use cookies to help You personalize Your online experience. A cookie is a text file that is placed on Your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to You and can only be read by a web server in the domain that issued the cookie to You.

One of the primary purposes of cookies is to provide a convenience feature to save You time. The purpose of a cookie is to tell the web server that You have returned to a specific page. For example, if You register with Our Platform, a cookie helps Us recall Your specific information on subsequent visits. This simplifies the process of recording Your personal information, such as billing addresses, preferences, and so on. When You return to Our Platform, the information You previously provided can be retrieved, so You can easily use Our Platform features that You may have customized.

We may also collect anonymous and aggregate information from You about Your preferences in navigating Our Platform by using cookies, action tags and other methods. Cookies are small text files that identify Your computer. We may use cookies to, among other things, monitor usage of Our Platform, customize features of Our Platform, identify Your computer operating system and browser, and complete transactions. An action tag is a small, graphic image on a webpage that is designed to allow the website owner or a third party to monitor who is visiting a website by collecting the IP address of the computer to which the tag is sent, the URL of the webpage that the tag comes from and the time at which such webpage was viewed. Action tags may be associated with cookie information. We may also use such anonymous and aggregate information for promotional and other business purposes.

IP Address

An IP (Internet protocol) Address is automatically assigned to the computer that someone is using by their Internet Service Provider (ISP) and is identified and logged automatically in Our server log files whenever someone visits or uses Our Platform. This also allows Us to identify the time(s) of visit(s) and the page(s) of Our Platform that have been visited. Our collecting IP Addresses is considered a standard practice on the Internet and is done by many third party sites.

Location Information

We may also obtain information about a User’s physical location, such as by use of a global positioning system (“GPS”) and other geolocation features in Your computer, laptop, or mobile device, or from other information We collect. For example, a User’s IP Address indicates the general geographic region from which they are connecting to the Internet.

Contact Us

Please email Us at hello@indiepipit.com if You would like to access Your personal information, request that Your personal information be removed from Our data base, or to have Your Information updated, changed or modified. A parent or legal guardian of a minor Artist who is at least fifteen (15) years of age but under eighteen (18) years of age may also contact Us to review, correct, request deletion or removal of, or withdraw consent for the minor Artist’s information, subject to verification, applicable law, and any information We must retain for legal, safety, payment, tax, Stripe Connect, dispute, or security purposes. Help with Your account and the Apps is also available at https://www.indiepipit.com/support.

Links to Third Party Sites

Our Platform may contain links to other third party sites. However, once Users have used these links to leave Our Platform, they should note that We do not have any control over the third party site being visited. Therefore, We cannot be responsible or liable for the protection and privacy of any information provided or which is obtainable when visiting those third party sites which are not governed by this Privacy Policy or Our Terms of Use. To the extent that You access or use the Service through or on another third party site or application, then the privacy policy of that third party site or application will apply to Your access or use of that site or application. We encourage Our Users to read the privacy statements of other third party sites or applications before proceeding to use them.

Access to and Control Over Information We Send Users

From time to time We may send Users emails about special offers, discounts, products, or additional Services available through Our Platform. Users can opt out of receiving Our emails by clicking the unsubscribe button in the email.