Effective Date: December 18, 2015
Date of Last Revision: March 20, 2019
Table of Contents
1. Your privacy is important to us.
2. Our Principles
3. Information We Collect About You
4. How We Use Your Information
5. Our Legal Basis for Processing
6. How We Share Your Information
7. Your Rights
8. Choice and Control
9. Data Transfers
11. Security and Data Retention
12. Changes and Updates to this Policy
13. Don’t want to give us your information?
thank you for using vertigo!
1. YOUR PRIVACY IS IMPORTANT TO US.
For purposes of this Policy, the term “personal data” may be used interchangeably with “personal information” and means any information relating to an identified or identifiable natural person. An “identifiable natural person” is an individual who can be identified, directly or indirectly, by reference to an identifier such as:
A name (e.g. first names (given names), middle names, and/or last names (surnames));
A physical address or mailing address including street name; city or municipality; state or region; postal code; and country;
Online contact information such as an e-mail address;
A username or handle that functions as online contact information;
A telephone number;
A social security number or other identification number;
A persistent online identifier that can be used to recognize a user over time and across different websites or online services;
One or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, including, for example, a person’s height, weight, or hair color;
A photograph, video, or audio file, where such file contains a person’s image or voice;
Geolocation information; or
Anything else about the individual that is collected online and stored by an operator in personally identifiable form.
We are the data controller for the purpose of data protection law with respect to your personal data collected and used through your use of the Platform. This is because we dictate the purposes for which your personal data are used and how we use your personal data.
Our principles with respect to your information and your privacy
The information we collect about you
How we use your information and our legal basis for processing
How we share your information
Your rights, including your choices, with respect to your information
How to contact us regarding privacy issues
2. OUR PRINCIPLES
We have a pretty simple approach to data protection and privacy, which can be summarized as follows:
You should know what we do with your information.
You should have full control over your information.
We’ve designed the Platform to give you control over the information you publish and share using Vertigo and other sites and services to which you connect your Vertigo account.
Please take full advantage of these tools and make sure you share only what you want to share.
3. Information We Collect About You
We collect information about you from various sources:
Information provided by you
You don’t need to provide us with any personal data in order to visit the Website. However, our Platform does require that you register for a Vertigo account and, by doing so, you will provide us with certain information:
Essential account information: When you register any kind of Vertigo account, you will need to provide your full name, e-mail address, date of birth, chosen username, and chosen password. To register for an account via the Application, you must use your phone number or your Facebook or Twitter account for single sign-on (more on third-party platforms below in the “How We Share Your Information” section).
Non-essential account information: You may choose to provide your phone number or gender.
Profile/bio information: You may choose, at your discretion, to provide additional information for your public profile on Vertigo—for example:
the city and country in which you reside
a profile picture or avatar
information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label, or some other category of artist)
details of your other websites and social media profiles, including links to those websites and profiles
For more information on how to delete, edit, change, or amend your information, see the “Choice and control” section below.
User activity: We keep track of your interactions with the Platform, which may include the features you use, the advertising in which you show interest, and the content you encounter.
For example, we maintain analytics data such as the number and titles of media tracks you listen to, the content you share with others, the users you follow, and the users that follow you.
Information from correspondence: You will provide certain personal data if you contact us by e-mail, the Websites (such as when you complete the forms on the Websites), mail, phone, fax, or other offline means.
Survey information: If you participate in any survey, you will provide certain personal data as part of your response.
Information that you post: You may provide personal information when you post comments, photos, and video, or contribute to community discussions.
Contest information: If you participate in any of our contests or other promotions, you will provide certain personal data as part of your participation (such as your contact information, date of birth, and other information that may be required to verify your eligibility or award a prize).
Information we collect automatically
There is certain information that we (or our service providers on our behalf) collect automatically as the result of your use of the Platform or through the use of web analytics services as described in the section on “Cookies” below. This information includes but is not limited to:
the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
the sites that you visited or services you accessed immediately prior to visiting the Platform
the specific actions that you take on the Platform, for example visiting pages or screens, streaming or downloading media, sharing media with other users, following or unfollowing other users, posting comments, or performing searches
any search terms that you may enter
the time, frequency, and duration of usage
your browser types and operating systems
the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
information collected through cookies and similar technologies
information regarding your interaction with e-mail messages, for example, whether you opened, clicked on, or forwarded e-mail messages
location data: we or our service providers may receive or infer information about your location from a variety of sources. For example, we may use your Internet Protocol (IP) address to identify your general location or we may receive more precise location data from your mobile device (such as via global positioning systems (GPS), cellular towers, or wireless network access points). We may use location data to analyze certain information and to improve our Platform and relevance of the information we provide to you via the Platform
4. How We Use Your Information
We use the information that we collect about you for the following purposes:
Use of and interaction with the Platform
To operate and maintain your Vertigo account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time. Your e-mail address and password are used to identify you when you log into the Platform.
To identify you as the author of comments that you post and/or the other contributions that you make to the Platform.
To seek your participation in surveys, and to conduct and analyze the results of those surveys, if you choose to participate.
To administer promotions, and your involvement in them, if you choose to participate.
To gain an understanding of the types of music, content, or features you and/or other listeners tend to like or dislike.
To provide information to rightsholders or their service providers for the purpose of compensating artists and other rightsholders for use of content.
To provide you with technical support.
To respond to you about any comment or inquiry you have submitted.
To provide other users with information regarding listening behavior and activity.
To enable age restrictions.
To send you service updates and notifications regarding your account and other notifications from time to time. We will exercise due diligence and use commercially reasonable efforts to contact you according to the preferences you communicate to us; however, please note that we must continue to notify you when there are material changes to your account or to policies governing our relationship with you. Please keep your e-mail address updated in your account settings so that you receive notifications from us.
Any additional information that you provide as part of your public profile may be published on the Platform. This information may be publicly accessible and may be viewed by anyone accessing the Platform. Please bear this in mind when considering whether to provide any additional information about yourself.
Improving and customizing the Platform
To analyze the use of the Platform in order to improve Vertigo and customize it to the needs and interests of existing and potential users.
To show you ads on behalf of advertisers.
We use information that you make available to us when you interact with the Platform directly or through third-party services. This allows us to show you ads that are more relevant and interesting to you.
Instead, advertisers pre-define specific audiences by certain criteria (e.g. age range, interests, locations, or the number of followers of users) for specific ad campaigns. If information about you matches these criteria, we may choose to display a suitable ad to you.
We may also display ads based on the content that you have recently viewed or searched.
We may share personal information with our service providers in order to deliver advertising to you. These will then be shared with us or a respective service provider.
With respect to personal data that we collect or receive that is subject to the General Data Protection Regulation (“GDPR”) of the European Union (EU), our legal basis for processing such personal data depends on the type of personal data and the purpose for which we collect it. For the purposes stated in the “How we use your information” section above, the relevant legal bases under the GDPR are as follows:
We process your personal data for our legitimate business interests. These interests include but are not limited to: the commercial interests of Vertigo or a third party in providing the Platform; compliance with applicable legal and regulatory obligations and any codes of conduct; improvement and development of our business operations and service offerings or those of a third party; or protection of our business, employees, users, or third parties.
In certain instances, we may process your personal data pursuant to a contract between you and us (e.g. if you enter into an agreement with us relating to your use of the Platform).
Where appropriate, we may ask for your consent. If we rely on your consent to process personal data, you have a right to withdraw such consent.
6. How We Share Your Information
Other users: Any information in your public profile will be accessible by other users of the Platform, who may view your profile information, listen to your shared playlists, add themselves to your list of followers, send you messages, or utilize other features that may allow them to communicate with you or view information about you. If you comment on any content on the Platform, your comments may be available to all users of the Platform.
Service providers: We use certain third parties, some of whom may be located outside of the United States, to provide us with certain specialized services related to the Platform. For example, we may engage third-party service providers to host our Platform or to provide analytics, advertising, communication, customer support, or maintenance. These third parties may have access to certain information about you but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us. The third-party service providers we use include:
Other third-party services: Please see the below links to understand the privacy policies of other third-party service providers (including any opt-out facilities they may have):
Apple iOS App Store: https://www.apple.com/legal/privacy/en-ww/
Google Analytics: https://support.google.com/analytics/answer/6004245?hl=en
Users of our API: Vertigo may grant permission to third parties to use programmatic interfaces to enable application developers to integrate elements of the Platform into various applications. Some of these developers may be located outside of the United States. Any information that you publish to the Platform may be accessible to these developers. Please bear this in mind when deciding what information to add to the Platform.
Other networks and connected apps: If you choose to connect your Vertigo account to other apps, such as Apple Music or Spotify, or social networks, such as Facebook or Twitter, you will share certain information with those apps or networks. Any new content that you publish to the Platform may be shared to connected networks and may be visible to your followers and friends on those networks, in accordance with the permissions that you grant when connecting a third-party account. In the case of connected apps that utilize the Platform, Vertigo is not responsible for the content or use of personal data on other apps or networks. Please make sure you connect your Vertigo account only with apps or services that you trust.
As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, in this use case, aggregate information would not include personally identifiable information (PII).
If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena, or other legal demand or request.
To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests or those of our users, employees, directors, or shareholders, or to ensure the safety and security of the Platform or the Vertigo community.
For further information about how information may be shared by Vertigo, please see the section “How We Share Your Information.”
What are cookies and other measurement technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an e-mail, which indicate that a page or e-mail has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.
There are also technologies such as mobile device identifiers and software development kit (SDK) integrations to help systems recognize your device when you return to an Application or otherwise use the Platform.
The information collected through such means are used for the following purposes:
This information allows us to operate the Platform. For example, they allow us to recognize what type of user you are and then provide you with Platform resources accordingly.
Performance and analytics
This information allows us to analyze how the Platform is accessed, used, and performing. We use this information to maintain, operate, and improve the Platform and to deliver information to you that you may find relevant or interesting
This information allows us to operate certain functions of the Platform. For example, when you continue to use or come back to the Platform, we can provide you with features and information such as maintaining your logged-in session and remembering how you have customized various settings.
Advertising and targeting
This information allows us to convey advertisements that may be relevant to you and your interests. We work with web publishers, advertising networks, and service providers to deliver and display advertisements and messaging for other applications, services, and websites. The information may also be used for frequency capping purposes (i.e. to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.
Managing your preferences for cookie and other measurement technologies
Please note that if you choose to block cookies, doing so may impair the Platform or prevent certain elements of the Platform from functioning.
The Platform does not observe Do Not Track signals from Web browsers.
An available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at https://www.networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies.
On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices, go to “Settings” > “Privacy” > “Advertising” and turn on “Limit Ad Tracking”) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Please note that even if you opt out of some advertising using the mechanisms above, you may still receive advertisements when using the Platform, but they will no longer be targeted ads.
We work with advertising partners to serve advertisements on the Platform. One of the services we use to track activity is Google Analytics by Google (Google, Inc., a company headquartered at 1600 Amphitheatre Parkway, Mountain View, California, 94043, United States of America). We may use vendors, including Google, who use first-party mechanisms (such as the Google Analytics) and third-party mechanisms (such as the DoubleClick) together to inform, optimize, and serve ads based on your past visits to our Platform. Google provides tools to manage the collection and use of certain information by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by updating Ads Settings for Google at https://www.google.com/settings/ads.
Third parties, other than our service providers, do not have authorization from us to track which websites, apps, or other online services you visit prior to and after visiting the Platform. Please note, however, that we cannot control third-party tracking and there may be some third-party tracking that occurs without our consent or knowledge.
7. your rights
The rights are as follows:
To receive a copy of your personal data that we hold about you.
To ask us to correct or delete your personal data.
To restrict our use of your personal data.
To object to our use of your personal data, including our use of personal data for direct marketing.
To ask us to transfer your personal data to another organization where it is technically feasible.
To withdraw your consent at any time where we rely on consent to use your personal data.
To notify the relevant data protection authority that you believe we have not used your personal data in accordance with data protection law.
For more information about your choices and how to exercise your rights, please also refer to the “Choice and Control” section below.
8. Choice and control
We seek to provide you choices about the information you provide to us and the control you have over that information.
It is not necessary for you to provide us with any personal data in order to visit the Websites, although certain information will be collected automatically by virtue of your visit (as described above). If you decide to register a Vertigo account, you can control your information in the following ways.
If you have opted in to receive any promotional e-mail communication from us, you will also be given the option to “unsubscribe” from receiving further e-mail communications from us. Your option not to receive promotional and marketing material from us will not preclude us from corresponding with you, by e-mail or otherwise, regarding existing or past business relationships with us and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Platform.
Sharing with other apps and networks
The Platform enables you to share information with other networks and applications.
You can use the settings within your iOS or Android device to opt out of some analytics tracking and bug reporting.
Location: You can choose whether to allow the Applications to collect and use data about your device’s location from your device’s operating system. If you block the use of location information, some or all parts of the Platform may be inaccessible or may not function properly.
Camera: You can choose whether to allow the Applications to collect data from your device’s camera and photos through your device’s settings. If you block the use of cameras or photos, some or all parts of the Platform may be inaccessible or may not function properly.
Microphone: You can choose whether to allow the Applications to collect data from your device’s microphone through your device’s settings. If you block the use of the microphone, some or all parts of the Platform may be inaccessible or may not function properly.
Push Notifications: If you do not want to receive push notifications from us, you may opt out of receiving these when prompted for permission or at any time by using the operating system settings on your mobile device.
Deleting your account
You can request that your account be deleted by sending a message to us at firstname.lastname@example.org. Please bear in mind that, if you request deletion of your account, content and information associated with your account will be inaccessible to you and may not be recoverable after your request is processed.
If you ask us to delete your account, we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.
Access to your data
9. data transfers
Vertigo is based in the United States, and your personal information data are processed in the United States. The United States has not received an “adequacy decision” from the European Commission, which means that the data protection laws of the United States may not offer the same protections as the country in which you reside when you provide information to us. If we transfer personal information outside the European Union (EU) or European Economic Area (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law. For further information as to the safeguards we implement, please contact email@example.com.
Vertigo is not intended for use by children.
Anyone under the age of 16 in the EU and EEA is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us.
We do not knowingly collect personal information from any person who is under the age of 16 in the EU or EEA. If it comes to our attention that we have collected personal data from a person under the age of 16 in the EU or EEA, we will delete any such information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at firstname.lastname@example.org.
11. security and data retention
12. changes and updates to this policy
13. don’t want to give us your information?