UPDATED: November 14, 2023
Our Policy applies when you access and/or use any of Symphonic’s websites, submit information to us and/or use any of our Services including, but not limited to the following: symphonicdistribution.com; symphonic.com; symphonicms.com; indigojones.video; noiseporn.com; symblog.com; symphoniclatino.com; symdistro.com.br; africa.symphonic.com; streamingpromotions.com; symphonicproduction.com; sleev3s.com; bodegasync.com; Symphonic social media sites; the Symphonic Spotlight mobile application and any related websites; software applications and/or other online properties owned and/or controlled by Symphonic including but not limited to the SymphonicMS system; and/or any other linked pages, features or applications related to Symphonic (together, the “Services”).
Generally, our Policy covers the collection and treatment of your information when you access our Services as either a consumer or customer. It also covers information you provide our business partners (such as the payment processor, the identity verification services, and the publishing administration services we use) and that they share with us when performing services for or on behalf of Symphonic. We do not own or control third party sites we may refer to, link to and/or redirect to from our websites or domains. Those third-party sites are subject to their own Privacy Policies.
This Policy does not nor is intended to constitute legal advice. This Policy is intended to comply with Symphonic’s disclosure obligations and related requirements with respect to data privacy.
What Personal Information Does Symphonic Collect?
Symphonic collects different types of personal information in different ways depending on how you use and interact with us and our Services. Symphonic needs this information to serve legitimate interests such as to interact with you, to respond to you, to provide you a more personal user experience, to create your account, to provide you access to our Services, to process payment to you, to verify your identification to facilitate your use of our Services, and/or to promote your Client Content to third parties, among other things. The processing of such information is necessary to provide our Services. We may collect the following types of information from you, from other sources at your direction and/or third parties may collect such information for Symphonic to carry out the Services:
Information you may provide directly to Symphonic and/or our business partners to facilitate access to and/or use of our Services:
The information we may collect to facilitate access and/or use our Services, includes, but is not limited to the following:
- your full legal name;
- any d/b/a’s, p/k/a’s or other business or professional designations;
- your full legal entity name;
- business address;
- email address;
- street and/or mailing address;
- billing address;
- telephone and/or mobile phone number;
- account name;
- driver license number;
- State identification number;
- passport number;
- social security number;
- employer identification number;
- other government issued identification number;
- images of your identifying information and documentation (i.e., passport, license, W-9, etc);
- image(s) of yourself;
- business registration documents;
- bank information;
- credit card information;
- transaction information;
- and/or other information as may be needed to provide access to and perform the Services.
Some or all of this information may be collected and processed and provided to Symphonic by third parties which Symphonic uses to review and/or process identify verification, to process payments and/or to perform other services for Symphonic such as publishing administration from time to time.
If you apply to be a customer of Symphonic and/or are a customer of Symphonic the information that input into the application and/or input into the screening application process and into your SymphonicMS account once established constitutes information provided to us by consent to facilitate your access to and our provision of the Services which includes, but is not limited to the Client Content you submit to Symphonic for distribution, the related ID materials, marketing drivers and any and all metadata associated therewith.
If you use Facebook, Google or another third-party platform to register for or login to the Services (or later connect your SymphonicMS or other Services account with other third-party accounts) we collect and store information that you make available for the connection of such accounts, including but not limited to any and all of the information listed herein.
If you submit support requests or comments to Symphonic such communication may entail the provision of personal information to enable us to contact with you and address your feedback. We may retain such information to enhance our Services and respond to you.
If you apply for employment with Symphonic or you are a Symphonic employee, we may collect professional or employment related information, such as your job history and professional references, and education information, such as your grade reports, test scores and transcripts in addition to any and/or all of the personal information referenced in the preceding sub-paragraphs.
Information we may collect automatically from your browser, device and/or server when you access or use our Services:
When you access and/or use the Symphonic Services, we may automatically collect and store certain information including but not limited to, your IP address; browser type and version; geo-territory information; the media that you view, interact with and/or share from our Services; cookie information; your language preference; your time zone; referring URL; the date and time of your access; your operating system; your mobile device information; hardware type; device ID; demographic data (i.e.; age, gender, location); DSP platform IDs and related information (such as your YouTube Channel ID); and/or other information as may be needed to facilitate access to and/or use of our Services. We collect and analyze this information to understand more about those who access and/or use our Services. Some of this is general information and some of it is more specific to you and the media you access and/or consume from our Services which helps us to provide a better user experience and for security purposes and enhancements. This also includes the information for third parties (for whom you represent and warrant you have the right) to provide information to facilitate access and/or use of the Services.
Information we may collect about you from third parties:
We may obtain some or all of the information about you referenced herein from third parties. Some examples of third parties that may provide Symphonic with any or all of the information and data points referenced in the preceding paragraphs include, but are not limited to, the following: our payment processing service; our identity verification service; if you are a client of a label, distributor, aggregator or other type of business partner that uses Symphonic to distribute and/or otherwise monetize your Client Content; the third party service providers who support and help run the Services may also collect usage data when you use or access or Services; social media outlets and platforms such as Google, Twitter, Facebook and YouTube; service providers or other hosts of the third party accounts that you connect to your SymphonicMS account; third parties whom provide banking and/or financial services to you from which accounts you pay and/or receive payments from Symphonic; and/or other third parties whom you authorize, consent to and/or share information that facilitates the use and/or access of Symphonic Services.
How Does Symphonic Collect Your Personal Information?
We may collect the information discussed above when you access and/or you use our Services, or from other sources, including, but not limited to, any of the following ways:
- when you register for an account, apply for Services, use our Services, make a purchase, participate in surveys, or contact us;
- when you submit a customer support request, fill out an inquiry form, initiate a data subject rights request, or sign up for a newsletter or an event;
- when you enter information within your SymphonicMS account;
- when you enter information with our business partners;
- when you perform a search using our search engine;
- when you apply for employment;
- when you submit a claim;
- automatically through tracking tools such as beacons, pixels and cookies; and/or
- from third parties such as vendors, business partners and/or social media platforms.
We may also collect and/or generate anonymized and aggregated information when you use the Services. We may use or share such information with third parties for research, analytics and/or other commercial purposes.
Additional note concerning sensitive information:
We will not ask you to provide us with any sensitive personal information relating to your race or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union, physical or mental health, genetic or biometric information, sexual life or sexual orientation. However, such information may be embedded in the documents, Client Content, Client ID and/or Promotional Materials and/or associated metadata or other data and information you may provide as user of the Services, as an applicant and/or client of Symphonic or a Symphonic business partner; and/or may be included on the documents and/or images you provide incident to Symphonic’s identity verification measures and/or other processes. If you share this information on the Services, directly and/or indirectly, and/or it is embedded in information you provide to us, you explicitly consent to us sharing it in accordance with the selection you may make, and otherwise to it being processed in accordance with the terms of this Policy.
How Does Symphonic Use Your Personal Information?
We may use your personal information for legitimate business purposes including, but not limited to, the following:
- To facilitate your use of and access to the Services
- To facilitate your requested transactions;
- To inform you about the status of your use and/or access of the Services and related transactions;
- To administer your account(s);
- To respond to your claims, requests, questions and concerns;
- To send you marketing and promotional communications;
- To conduct or sponsor surveys, contests and other promotions. Participation in surveys, contests and other promotions is completely voluntary. If you elect to participate, we may ask you for contact, demographic, and other information and may ask you to agree to additional terms and conditions;
- To maintain and improve our Services and your experience, provide customer support and to provide notifications to you, including notices of updates to our Services, and any additional Symphonic products and services. You may use your account settings to unsubscribe from notifications from Symphonic;
- To conduct research and analysis for product development and content improvement purposes;
- To distribute, monetize and market your Client Content, Client ID and/or Promotional Materials and associated metadata and information if you are a Client of Symphonic;
- To communicate with our payment processor, identify verification service, publishing administration service, and other business partners who provide services to Symphonic and/or our Clients;
- To maintain the security and effective functioning of our Services;
- To address our compliance and legal obligations and exercise our legal rights;
- To comply with the law and legal requirements;
- By way of your consent;
- To facilitate an assignment incident to a merger, acquisition or other conveyance of some or all of the assets of Symphonic;
- To facilitate the transition of Symphonic to alternate service providers and other business partners;
- To satisfy financial diligence such as incident to an audit and/or to obtain other legal and/or financial advice; and/or
- Other legitimate business interest purposes related to Symphonic and the Services.
Additional Sharing of Personal Information Collected
We may also share any information collected from the Services including aggregated or statistical data that we may generate from such information including, but not limited to, the following ways:
- We work with third-party service providers to help us operate, provide, maintain, improve, understand, customize, support, and market our Services.
- If we purchase, sell, transfer or acquire all or a substantial portion of a business or its assets, such as in connection with a merger, acquisition or in the event of a bankruptcy reorganization or liquidation, then we may also disclose or share your information in connection with such transaction. Any recipient of information in connection with any such transaction will be required to comply with reasonable confidentiality restrictions with respect to such information.
- We may share some or all of your information in connection with, or during negotiation of, any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, information may also be transferred as a business asset.
- We may share some or all of your information for purposes outside accountants, attorneys, advisers, consultants and the like who perform advisory and related work and services to Symphonic and who are subject to confidentiality, privilege and other restrictions with respect to such information.
Links to Third-Party Websites
Symphonic may display links to third party websites, including social media sites that we do not own or operate. We provide links to these third-party sites as a convenience to you. They are not intended as an endorsement of or referral to the linked sites or services. The linked sites and services are subject to their separate and independent privacy statements, notices, and terms. Please read their privacy policies carefully to find out how they collect and process your personal information prior to submitting any personal information via such third-party websites. The collection, use, and disclosure of your personal information on third party sites will be subject to the privacy policies of the third party and not Symphonic’s Policy. We cannot control or be held responsible for the data collection, privacy, and information sharing policies and procedures or content of third parties.
Data Retention, Transfer and Security
We retain your information in our server logs, our databases and our records for as long as necessary considering the purposes set out in this Policy, subject to any legal obligations to further retain such information. We may use third party service providers to store and maintain such data. We retain your verification-related information for a reasonable period, even if you do not complete all verification steps, to assist with future verifications and to prevent abuse of our verification processes and for other purposes as set forth herein. If you decide not to verify the account and would like us to delete the verification information you provided, please contact us via e-mail at firstname.lastname@example.org. We may retain information that no longer identifies you indefinitely.
Symphonic is headquartered in Tampa, Florida in the United States. The information we collect from you will be transferred to and stored and processed in the United States. It may be transferred to and/or stored in other countries where our service providers maintain facilities as well. By using our Services, or providing us with any personal information, you fully understand and consent to this transfer, processing and storage of your information. Symphonic is a United States based corporation. If you access the Symphonic Services from the EU or other jurisdictions with differing laws governing data collection and use, please note that your information will be transferred to and stored in the United States as necessary for the purposes described in our Policy. This information may be transmitted to our service providers and partners who support our business operations and facilitate our provision of the Services. The United States may have data protection laws that are less stringent than or otherwise different from the laws in effect in the territory or jurisdiction where you are located. When Symphonic transfers your information from outside of the United States, we will strive to ensure that your information is processed as securely as feasible and that your rights continue to be protected.
The security of the information you provide to Symphonic is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after receipt, including against unauthorized or unlawful access and accidental loss, destruction or damage. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
You have the right to opt-out of having your personal information collected by Symphonic, used by Symphonic for secondary purposes, disclosed to third parties, and/or used by Symphonic or third parties to send promotional correspondences to you, by contacting Symphonic via e-mail at email@example.com or, to the extent applicable, by checking the appropriate box on the online form or clicking the unsubscribe link in the email. Please note, however, that the collection and use of certain information as set forth herein is required for Symphonic to provide access and/or use of the Symphonic Services. Further note that Symphonic’s access to and/or use and processing of such information is necessary and required for Symphonic to provide access to and/or use of Services, including services for which you may have contracted with Symphonic to provide to you. Further note that we may also still need to send you certain communications regarding the operation and administration of the Services, and you will not be able to opt out of those communications, for example, communications regarding updates to this Policy and other information which Symphonic is required to provide to you by applicable law.
Accessing/Changing your Personal Information
We value your rights to your personal information. In addition to your other rights hereunder, and in accordance with applicable law, you may have additional rights, including, but not limited to: (i) requesting confirmation of whether we store, use or share any of your personal information; (ii) obtaining access to or a copy of your personal information; (iii) receiving an electronic copy of the personal information that you have provided to us, or ask us to send that information to another company; (iv) restricting our uses of your personal information or object to those uses; (v) seeking correction of inaccurate, untrue or incomplete personal information; and (vi) requesting erasure of personal information held about you by us, subject to certain exceptions. If you live in the European Union Economic Area, you also have a general right to object to the use of your information for direct marketing purposes.
If you would like to exercise any of these rights, please contact us via email to firstname.lastname@example.org. We will process such requests within a reasonable time and in accordance with applicable laws. Please note that we may take steps to verify your identity to enable us to respond to your request. You may also be able to modify, correct, change, or update your personal record or cause your personal record to be removed from Symphonic’s database by clicking on “Edit Profile” located within your control panel in SymphonicMS. Provided, however, that there are certain circumstances where Symphonic may not be able to accommodate your request. An example would be where you request deletion of data for which Symphonic is required by law to retain records to comply with applicable law. We may also decline requests if accepting such request would compromise Symphonic’s legitimate use of the data for fraud prevention and/or other security purposes, such as if you request the deletion of an account that is being investigated for security issues. Other reasons why your privacy request may be denied include if it jeopardizes the privacy of others, if it is frivolous or onerous, or is extremely impractical.
If you choose to exercise any of your rights, we will not deny goods or services to you or provide different quality of services, unless that difference is reasonably related to the value provided by your data.
As permitted by law or to provide our Services, we do not delete data we use to: (i) complete transactions requiring data such as billing information or transaction histories; (ii) respond to customer support inquiries; (iii) detect and prevent security incidents, identify, and repair errors that impair functionality of our Services (e.g., log files, error diagnostics); and (iv) comply with legal obligations.
In the event that you consider our processing of data related to your use of the Services not to be compliant with the applicable data protection laws, you can contact us at email@example.com or lodge a complaint with the relevant data protection authority.
We do not knowingly collect or attempt to collect any personal information from children under the age of eighteen (18) years old. If you become aware that we have collected personal information from a child, please contact us immediately via email at firstname.lastname@example.org. For more information on how to protect the privacy of children online, visit www.OnGuardOnline.gov.
Changes to this Policy
By using our Services, you agree to the terms of this Policy. We may amend this Policy at any time and, as such, we encourage you to periodically review this page for the latest information on our privacy practices. If we make a material change to this Policy, we will send an email to users who have provided an email address or post a notice on our Service prior to the change becoming effective. Changes to this Policy are effective when they are posted on our Service. Your continued relationship with us after the posting of any amended version of this Policy shall constitute your agreement to be bound by any such changes. We encourage you to review this Policy periodically to remain informed of how we use and protect your information, and to be aware of any Policy changes.
Data Privacy Law Vary by Territory
Please note that data privacy requirements vary within the United States from State to State, and broadly outside of the United States. Consumer data privacy laws are being passed and revised both nationally and internationally on an ongoing basis. Symphonic will continue to reasonably assess and update our disclosures from time to time as new laws and rules are finalized. We encourage you to consult the applicable data privacy laws in your location, and to contact email@example.com should you have any questions or concerns as to our Policy compliance in your particular location. Following are some additional comments and disclosures regarding certain States and international territories:
Virginia Consumer Data Privacy Act (“VCDPA”); Colorado Privacy Act (“CPA”) and Connecticut Data Privacy Act (“CTDPA”)
Virginia, Colorado and Connecticut have each adopted laws (respectively, VCDPA, CPA, and CTDPA) that give consumers located in those States certain rights, including the right to confirm whether controllers are processing the consumer’s personal data, the right to access that data, the right to obtain a copy of that data, the right to correct inaccuracies in that data, and the right to delete that data. Information concerning updating or changing your information for instructions on how you can exercise these rights is set forth herein. For more information on your rights and how to exercise them concerning these State specific Privacy Acts, please refer to the following links: VCDPA, CPA, CTDPA.
California Consumer Privacy Act (CCPA)
CCPA applies to the data processing of individuals located in California. Please review Symphonic’s supplement to this Policy titled Privacy Notice for residents of California here.
General Data Protection Regulation (GDPR) Notice
GDPR applies to the processing of data of citizens of all 27 member countries of the European Union (EU). It also applies to all countries in the European Economic Area (EEA). The EEA includes Iceland, Norway, and Liechtenstein.
Please note that for the purposes of Regulation (EU) 2016/679 (“GDPR”), the data controller is Symphonic Distribution, Inc., which may be contacted at firstname.lastname@example.org.
Disclosures: GDPR requires certain disclosures that are already covered in this Policy. You may inquire with Symphonic (the data controller) should you need further clarification of any such disclosures contained herein.
International Transfer: If you are located where GDPR applies, information that we collect (including through cookies) will be processed and stored in the United States. The appropriate cross-border transfer method governing personal data included in such transfers is the EU Standard Contractual Clauses agreement pursuant to EC Decision 2010/87/EU.
Processing Basis: Our processing of your personal data in order to provide you with the Services will typically be based on one of the following processing bases: (i) because you have provided us with your specific, informed, freely-given, and unambiguous consent, (ii) because we need to process it in order to provide you with the Services or a particular feature of the Services; that is, because we cannot readily fulfil your request without performing the relevant processing, or (iii) because the processing is necessary for the purposes of the legitimate interests pursued either by us or by a third party and such legitimate interests are not overridden by your privacy and related rights as an individual. Our legitimate interests include the provision of digital music distribution services, including the Services.
Questions/Concerns: If you reside in the EEA area, and should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority. Additionally, you may contact us regarding such concerns via email at email@example.com.
Lei Geral de Proteção de Dados Pessoais (LGPD) Notice
LGPD applies to the data processing of individuals located in Brazil.
For the purposes of LGPD the data controller is Symphonic Distribution, Inc., which may be contacted at firstname.lastname@example.org.
Disclosures: The LGPD requires certain disclosures that are already covered in this Policy including the purposes of the processing of your personal information, the type and duration of the processing, information regarding the shared use of the data by the controller and the purpose, responsibilities of the agents that will carry out the processing, and an explanation of the data subject rights. You may inquire with Symphonic (the data controller) should you need further clarification of any such disclosures contained herein.
Requests: The LGPD allows you to make certain requests concerning your personal information such as confirming the existence of processing; correcting incomplete, inaccurate, or out-of-date data; anonymization, blocking, or deletion of unnecessary or excessive data or data processed in non-compliance with the provisions of LPGD; data portability; deletion of personal data (subject to certain exceptions); information about public and private entities with which the controller has shared data; information about the possibility of denying consent and the consequences of such denial; and revocation of consent. You can make such requests, subject to the provisions hereof, by contacting us at email@example.com.
International Transfers: If you are located where LGPD applies, information we collect (including through cookies) will be processed and stored in the United States. The appropriate cross-border transfer method governing personal data included in such transfers is the EU Standard Contractual Clauses agreement pursuant to EC Decision 2010/87/EU.
Processing Basis: Our processing of your personal data to provide you with the Services will typically be based on one of the following processing bases (pursuant to Article 7 LGPD):
- Because you have provided us with your specific, informed, freely given, and unambiguous consent; or
- Because the processing is necessary for the purposes of the legitimate interests pursued either by us or by a third party and such legitimate interests are not overridden by your privacy and related rights as an individual. Our legitimate interests include the provision of digital music distribution services, including the Services.
Exemptions: LGPD exempts the processing of personal information in some instances such as for journalistic and artistic purposes or processing that is done exclusively for public safety, national defense, state security, or activities of investigation and prosecution of criminal offenses (which processing is subject to separate obligations).
Korean Personal Information Protection Act (Korean PIPA) Notice
Korean PIPA applies to data processing of individuals located in Korea.
For the purposes of Korean PIPA the data controller is Symphonic Distribution, Inc., which may be contacted at firstname.lastname@example.org for questions, clarification, and any disputes or claims concerning your data privacy and personal information. Symphonic has designated Trust & Safety team members as well as designated Data Privacy response team members who may be reached at the e-mail addressed provided.
Disclosures: Korean PIPA requires certain disclosures that are already covered in this Policy including the purpose for which the personal information is collected and processed; the period for processing and retaining the information; the scope of provision of personal information to third parties; outsourcing of personal information processing; the rights of the individuals for whom such personal information is collected and processed; and installation and operation of automatic collection tools. You may inquire with Symphonic (the data controller) at the e-mail address provided should you need further clarification or additional information as to any such disclosures already contained herein.
Rights/Requests: Pursuant to Korean PIPA, you have the right to be informed of the processing of your personal information, the right to determine whether or not to content and the scope of such consent, the right to confirm whether or not personal information is being processed (including requesting copies of same); the right to suspend processing of your personal information; the right to request correction, deletion and destruction of such personal information; and the right to appropriate redress through timely and fair procedures. You can make such inquires and requests, subject to the provisions hereof and /applicable law, by contacting us at email@example.com and/or as outlined in the Korean PIPA Enforcement Decree.
Processing Basis: Symphonic collects, retains and uses personal information as necessary to provide the Services; by consent; to comply with legal responsibilities; to resolve disputes; in the interests of the individual from whom such information is collected; as a matter of public interest; in the legitimate business purposes of Symphonic; and to perform contracts, anong other things, in accordance with applicable law.
Data Retention: Symphonic adheres to the data retention processes as described herein. Symphonic will not store your personal information for a reasonable amount of time from the date of your last interaction with the Services, unless otherwise required by applicable law. We may retain information that no longer identifies you indefinitely.
International Transfers: If you are located where Korean PIPA and related laws and regulations apply, information we collect (including through cookies) will be processed and stored in the United States. The appropriate cross-border transfer method governing personal data included in such transfers is the EU Standard Contractual Clauses agreement pursuant to EC Decision 2010/87/EU.
As further explained in the Terms, it is your sole responsibility to ensure the accuracy of the information and content you provide to Symphonic and/or upload or post to the Symphonic Services, and that you have ownership, control and/or otherwise hold all necessary rights in and to any information and/or content you upload to the Services (including, but not limited to text, audio, video and images). Further, you acknowledge and agree that Symphonic cannot and will not be held liable for any loss, theft or corruption of content or information you upload to the Services.
Questions or Comments
If you have any questions or comments regarding this Policy, please email us at firstname.lastname@example.org.