Welcome to ksidecity, a service provided by ksidecity.com
Your privacy is important to us. This Privacy Policy explains how we collect, store, use, disclose and otherwise process your personal data when you use ksidecity.com (the “Website”), our mobile and desktop apps (the “Apps”) and all related sites, players, widgets, tools, data, software, APIs and other services provided by ksidecity (the “Services”). This Privacy Policy applies to any Website, Apps, or Services by ksidecity that refers to this Privacy Policy, i.e. by linking to it.
Information relating to our use of cookies and similar technologies is set out in our Cookie Policy, which forms part of the Privacy Policy. When we refer to the Privacy Policy, we are referring to the Privacy Policy and Cookie Policy.
Please take some time to read this Privacy Policy, along with our Terms of Use, in order to ensure you understand and are comfortable with our use and disclosure of your personal data.
Please note that this Privacy Policy only applies to the Website, Apps and Services (together, the “Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. ksidecity is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your ksidecity account or sharing any personal data.
If you do not agree to any of the provisions of this Privacy Policy, you should not use the Platform. If you have any questions or concerns about this Privacy Policy, you can contact us through ksidecitystudio@gmail.com
ksidecity is committed to putting its users first and believes you should know what personal data we collect about you, why we collect it, and how we use and share it. That’s why we’ve designed this Privacy Policy to give you simple, clear, and actionable information about our privacy and data protection practices.
We believe users should also have meaningful choices over the personal data we collect, use and share as described in this Privacy Policy and your Settings. We encourage you to take full advantage of these tools.
Who Controls Your Data:
ksidecity determines the purposes and means of processing. In a separate agreement on joint controllership pursuant to Article 26 GDPR, ksidecity determines how the respective tasks and responsibilities of the processing of personal data are structured and who fulfils which data protection obligations. In particular, it is determined how an appropriate level of security and how your rights as a data subject can be ensured, how the information duties under data protection law can be jointly fulfilled and how potential data protection incidents can be monitored. This includes reporting and notification obligations.
ksidecity provides statistics and insights about the performance of a particular sound recording and its underlying composition uploaded to the Platform (“Track”). These statistics and insights are provided to any person (including Creators) or entity owning or controlling a Track (“Rightsholders”) and include information about how fans interact with their Tracks on the Platform to make Rightsholders better understand their fanbase (“Rightsholder Insights”).
Legal Basis for Data Processing
The collection and processing of your data is governed by the law applicable to your respective Data Controller, as outlined above.
With that being said, Mdundo follows European law and the GDPR where applicable to ensure adequate protection of your personal data. Data collection and processing under GDPR may be based on your consent (see Art. 6 lit. a) GDPR), contractual purposes (see Art. 6 lit. b) GDPR) or, in exceptional cases, for legitimate purposes, which we weigh against your data protection interests (see Art. 6 lit. f) GDPR). We have specified the legal bases for individual data processing activities in more detail below. We may also use our user’s personal data under GDPR if:
– Processing is necessary to fulfil a legal obligation to which the person responsible is subject (see Art. 6 lit. c) GDPR);
– Processing is necessary to protect the vital interests of the data subject or another natural person (Art. 6 lit. d) GDPR); or
– Processing is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been assigned to the person responsible (see Art. 6 lit. e) GDPR).
Personal Data We Collect
Any personal data we collect falls into one of three general categories:
– Personal data you provide to us,
– Personal data we collect automatically,
– Personal data we obtain from third parties.
Personal Data You Provide
We ask for and collect the below personal data when you use the Platform. This personal data is necessary for the adequate performance of the platform, to meet the requirements of the contract present between you and us and to comply with our obligations thereunder.
You don’t need to register for a ksidecity account in order to visit or use our Platform. However, certain Services require that you register for an account and, by doing so, you will need to provide us with certain personal data:
– Account Information – When you register with any kind of ksidecity account, you will need to provide your email address and/or phone number (except when you sign-up with Facebook, Google or Apple and don’t give your permission to share it with ksidecity), your age, a username (which may be your real name or a pseudonym) and a password.
– Profile Information – you may choose, at your discretion, to provide additional personal data for your public profile on ksidecity – for example
– your real name
– a profile picture, profile header image or avatar
–any content associated with your Track uploads (all audio (including podcasts), text, pictures, graphics, comments, and other content, data or information that you upload, including your compositions, metadata, song names, composer names, creators’ names, performers’ names, group names, producers’ names, album artworks and your name, image, likeness and biographical information) (“Materials”).
— information about how you categorize yourself with respect to your Materials (for example, whether you are a musician, a label or some other category of creator)
— details of your other websites and social media profiles, including links to those pages
— any personally identifiable data from your Tracks or respective meta-data will be published on your profile page in accordance with our Terms of Use. This personal data will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please be aware that a profile picture is mandatory when you request profile verification via your Settings in the “Account” tab.
– Subscriptions – If you purchase a Subscription, you must provide your real name, billing address, and payment verification information. Please be aware that we only get payment verification information and no further details of your payment, as outlined in the respective section of this Privacy Policy. Any use of such personal data is for contractual purposes.
– ksidecity Direct – In the event you use the services of ksidecity Direct, you must provide your real name, payment information and personal data necessary to operate and maintain your monetization and/or distribution with ksidecity Direct (e.g. content identification information such ISRC codes).
– Music Publishing – In the event you use the services of music publishing administration, you must provide your real name, payment information and personal data necessary to operate and maintain your music publishing administration (e.g. publisher, sub-publisher information as well as performance rights and or mechanical rights organization information and content identification data, such as interested party Information (IPI) numbers, ISWC numbers).
– Communications – When you communicate with ksidecity by email or through the Platform, or use the Platform to communicate with other users, we collect personal data about your communication and any personal data you choose to provide based on contractual purposes.
– Survey Information – If you participate in any survey, you may provide certain personal data as part of your response, unless you respond anonymously. The personal data you provided is only processed based on your consent.
– Information You Post – You may provide personal data when you upload Tracks to the Platform, when you post comments, or when you contribute to community discussions. This is based on your own choice, and in accordance with our Terms of Use, we may use such data for contractual purposes.
– Information Provided For Tax or Financial Reasons
— Tax ID/VAT – We also collect your tax ID or VAT number if applicable. If you join ksidecity Direct as a business, this personal data is required to enable proper tax accounting purposes.
Personal Data We Collect Automatically
There is certain personal data that we collect automatically as the result of your use of the Platform, subject to the choices you make in your Settings, or through the use of cookies and other web analytics services as described in our Cookie Policy. This personal data generally includes:
– Usage Information – We collect personal data about your interactions with the Platform, including the pages that you visit and links you click on, streaming, offline listening or downloading Tracks, uploading or recording Tracks, connecting your Facebook, Google or Apple account, sharing a Track with another user, following or unfollowing another user, posting a comment, performing a search, the time, frequency and duration of your visits to the Platform, and whether you interact with email messages, for example, if you opened, clicked on, or forwarded the email message. This use of your personal data is based solely on contractual purposes should you have accepted our Terms of Use. If you have not registered on Mdundo, the use of this personal data is based on our legitimate interest. Please be aware that we need such usage data as we are under contractual obligation to track use of content by our content providers.
– Log Data – We automatically collect log information when you use the Platform, even if you have not registered for an account or logged in. That personal data includes, among other things: details about how you’ve used the Platform (including links to third party sites or services), Internet Protocol (IP) address, access times, your browser type and operating system, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Platform. This personal data is essential for our service and is therefore either based on contractual purposes or on legitimate interest if no contract exists. Please be aware that we need log data as we are under contractual obligation to track use of content by our content providers.
– Cookies – We use cookies and other similar technologies, such as pixels, local storage, and mobile device identifiers and may also allow our business partners to use these tracking technologies on the Platform, or engage others to track your behavior on our behalf. Type, number and function of cookies can vary depending on your individual selection. For more information on our use of these technologies, see our Cookie Policy.
– Location Data – When you use certain features of the Platform, we may collect personal data about your general location. Physical locations collected through our Platform are associated with non-personally identifiable data including but not limited to device type, browser type, operating system. We use such personal data to deliver personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content. We use this personal data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings. Such use of personal data is based on your consent, either within our Platform or within your device where you provided your consent when prompted.
– Device Information – We collect personal data from and about the devices you use, including how you interact with the Platform and information about the device itself, such as the hardware model, operating system, IP addresses, cookie information, device settings, mobile carrier information, mobile device and advertising identifiers, apps installed, browser type, language, battery level and time zone. This information allows us to recognize and associate your activity, and provide personalized content and advertising, consistently across all of your devices. Such use of personal data is based on your consent given either within our Platform or within your device.
– Software Development Kits (“SDK”) – We may use third parties including our business partners and service providers who use mobile SDKs to collect personal data and information related to how mobile devices interact with the Platform. An SDK is computer code that app developers can include in their apps to enable ads to be shown, personal data to be collected and related services and functionality to be implemented. We may use this technology, for instance, to analyze how you interact with Materials and advertisements and to enable analytics or other features through mobile devices. However, such use will be based on your consent.
– ksidecity Widget – Other websites may integrate ksidecity widgets; when you visit a website with a ksidecity widget embedded, we may receive certain personal data, including personal data about the website you visited. ksidecity and the widget may be able to recognize you in order to retrieve your library of content, and in some cases the widget may be used to show personalized content. We know when you interact with a widget, and websites containing the widgets may receive this information as well. Such use is subject to the privacy policy of the third party website or app that has integrated a ksidecity widget.
Personal Data We Obtain From Third Parties
– Single-Sign Ons – If you sign up for ksidecity through a third party application such as Facebook, Google or Apple, you authorize us to collect your authentication information, such as your username and encrypted access credentials, and other personal data available through the third party application account, including the following personal data:
— Facebook Connect – If you have a Facebook profile, you can register on our website to create a user account or to register using the “Facebook Connect” social plugin run by the Facebook social network, which is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”), using what is known as Single Sign-On technology. You can recognize the “Facebook Connect” social plugins on our website by the blue button with the Facebook logo and the inscription “Register with Facebook” or “Connect with Facebook” or “Log in with Facebook” or “Sign in with Facebook”. When you visit a page of our website that contains a social plugin, your browser makes a direct connection to the Facebook servers. The content of the plugin is transferred from Facebook directly to your browser, which then embeds it into the website. Through the integrated plugin, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the US and stored there. These data processing operations are carried out on the basis of Facebook’s legitimate interest in the displaying of personalized advertising on the basis of browsing behavior. By using the “Facebook Connect” button on our website, you can also log in or register on our website using your Facebook user data. Depending on your personal data protection settings on Facebook, we will only receive general information that is publicly accessible and stored in your profile when you use Facebook’s “Facebook Connect” button if you give your express consent prior to the registration process on the basis of a corresponding notification on the exchange of data with Facebook. This information includes your user ID, name, profile picture, age and gender. We would like to point out that with your consent or in case of changes to Facebook’s privacy policy and terms of use, your profile pictures, your friends’ user IDs and friends list may be transferred if these have been marked as “public” in your Facebook privacy settings. Apart from connecting your Facebook account with your ksidecity account for the purposes of registration and signing in, you may provide, based on your free choice (i.e. with your expressed consent) further personal data from your Facebook profile with Facebook Connect to enrich your use and enjoyment of our Platform. This especially applies to your likes and/or usage, listening and viewing behavior as well as your friends within Facebook. In case you decide to share this information with us, we will display relevant artists, playlists and such to you for your liking. We will store and process the personal data transmitted by Facebook to create a user account with the necessary personal data, provided you have approved this on Facebook. Conversely, based on your consent, personal data (e.g. on your surfing or purchasing behavior) may be transferred from us to your Facebook profile. Please see Facebook’s privacy policies for the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and settings options for protecting your privacy. If you do not wish Facebook to associate any data collected via our website with your Facebook profile, you should log out of Facebook before you visit our website. You can also completely avoid loading the Facebook plugin with add-ons for your browser.
Cookies and Web Beacons
Where necessary, this site uses cookies to store information about a visitor’s preferences and history in order to better serve the visitor and/or present the visitor with customized content. Advertising partners and other third parties may also use cookies, scripts and/or web beacons to track visitors to our site in order to display advertisements and other useful information. Such tracking is done directly by the third parties through their own servers and is subject to their own privacy policies.Controlling Your Privacy
Note that you can change your browser settings to disable cookies if you have privacy concerns. Disabling cookies for all sites is not recommended as it may interfere with your use of some sites.
The best option is to disable or enable cookies on a per-site basis. Consult your browser documentation for instructions on how to block cookies and other tracking mechanisms.Special Note About Google
Advertising
Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services.
Learn how to opt out of Google’s cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google’s own privacy policies.
About Google advertising: What is the Double Click DART cookie? The Double Click DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads.
When users visit an AdSense publisher’s website and either view or click on an ad, a cookie may be dropped on that end user’s browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Contact Information
If you have questions or complaints about this Privacy Policy or our practices, please contact our Data Protection Officer by email at ksidecitystudio@gmail.com
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