Privacy Policy

Kraken Music Privacy Policy Last Updated August 25th, 2024

Welcome to Kraken Music, a service provided by Kraken Music Holdings, LLC (dba Kraken Music)
(“Kraken Music,” “we,” “us,” or “our”).
Kraken Music provides a digital music distribution service which distributes music
through online stores and streaming services on behalf of its customers and
collects and distributes the related earnings.
This Privacy Policy explains how we collect, disclose and otherwise process
Personal Data (defined below) when you use our website (the “Site”) and
all related sites, widgets, tools, data, software, APIs and other services
provided by Kraken Music (together with the Site, “Service”), and your
choices concerning our data practices.
“You” or “your”, as used in this Privacy Policy, refers to the
individual to whom Personal Data relates.
Please read this Privacy Policy before using our Service or submitting any
Personal Data to Kraken Music and Contact Us if you have any questions.
1. INFORMATION WE COLLECT
When you use our Service or otherwise interact with us, we collect information
that alone or in combination with other information could be used to identify
you (“Personal Data”) as follows:
Account Data: If you wish to register for the Service, you will need to
provide us with certain Personal Data, such as your name, email address,
password, postal address, phone number, as well as any biography/profile
information (including profile photos) you would like associated with your
music at online stores and streaming services.
Creator Data: We will collect 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 creator, the music you upload, and
information relating to how often your music is played in online stores and
streaming services).
Communication Data: If you contact customer service or otherwise
communicate with us by email or otherwise, we may collect Personal Data related
to those communications, including the contents of the communications and the
data and time they occurred.
Payment Data: In order for us to pay your royalties to you, we will need
to collect your PayPal ID and certain tax information. When you pay for our
Service, we collect certain billing information through our payment processor
Stripe, Inc. (“Stripe”), such as billing address, payment card details, and
bank account information. Accordingly, in addition to this Privacy Policy and
our Terms of Service, Personal Data related to the payments you make through
the Service are also processed according to Stripe’s services agreement and
privacy policy.
Fan Data: One aspect of the Service allows musicians and content
creators registered to the Service to communicate with and better understand
their fans. Accordingly, if you are a fan of one of our musician and content
creator customers, we may collect your email address from online stores and
streaming services if you follow or otherwise interact with our musician and
content creator customers, so they can keep you posted on their news, events
and other updates.
Social Media Data: We have pages on social media sites like Instagram,
Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact
with our Social Media Pages, we will collect Personal Data that you elect to
provide to us through your settings on the Social Media Site, such as your
profile and contact details. In addition, the companies that host our Social
Media Pages may provide us with aggregate information and analytics regarding
the use of our Social Media Pages.
Online Activity Data: When you visit, use and interact with the Site, we
may receive certain information about your visit, use or interactions. For
example, we may monitor the number of people that visit our Site, peak hours of
visits, which page(s) are visited on our Site, the domains our visitors come
from (e.g., google.com, yahoo.com, etc.), and which browsers people use to
access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.),
broad geographical information, and Site-navigation pattern. In particular, the
following information is created and automatically logged in our systems:

Log
data: Information that your browser automatically
sends whenever you visit the Site (“log data”). Log data includes your
Internet Protocol (“IP”) address (which we collect for security reasons),
browser type and settings, the date and time of your request, and how you
interacted with the Site.
Cookies: Please
see the “Cookies” section below to learn more about how we use cookies.
Device
information: Includes name of the device, operating system,
and browser you are using. Information collected may depend on the type of
device you use and its settings.
Usage
Information: Information about how you use our Site,
including statistical usage data derived from the operation of our Site,
filtering choices and information regarding the performance results for
the Site.

HOW WE USE PERSONAL DATA
We use Personal Data to provide the Service, including uploading your music to
online stores and streaming services, sending accounting statements to you, and
paying you the royalties you are owed. This processing is necessary to perform our
contract with you.
We also use Personal Data as necessary for the following legitimate business
interests:

To
respond to your inquiries, comments, feedback or questions;
To
manage our relationship with you as a customer or user of our Service,
which includes sending administrative information to you relating to our
Service and changes to our terms, conditions, and policies, and asking you
to leave a review or take a survey;
To
allow our musician and content creator customers to communicate with and
better understand their fans, by permitting our customers to receive email
addresses of their followers or fans, so they can keep fans updated with
news, events and other updates;
To
analyze how you interact with our Service and provide, maintain and
improve the content and functionality of the Service and our customer
relationships and experiences, develop our business and inform our
marketing strategy (please see the “Cookies” section below to learn how we
use cookies);
To
administer and protect our business and the Site, prevent fraud, criminal
activity, or misuses of our Site, and to ensure the security of our IT
systems, architecture and networks (including troubleshooting, testing,
system maintenance, support and hosting of data); and
To
comply with legal obligations and legal process and to protect our rights,
privacy, safety or property, and/or that of our affiliates, you or other
third parties, and recover debts due to us.

For information about what we mean by legitimate interests and the rights of
individuals in the European Union (“EU”), please see the “Eu Users” section
below.
Marketing. We may contact you to provide information we believe will be
of interest to you. For instance, if you elect to provide your email address,
we may use that information to send you promotional information about our
products and services. If we do, where required by law, for example if you are
in the EU, we will only send you such emails if you consent to us doing so at
the time you provide us with your Personal Data. You may opt out of receiving
emails by following the instructions contained in each promotional email we
send you or by Contacting Us. If you unsubscribe from our marketing lists, you
will no longer receive marketing communications but we will continue to contact
you regarding our Site and Services and to respond to your requests.
3. HOW WE SHARE AND DISCLOSE PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties
without further notice to you, unless required by the law, as set forth below:

Vendors: To
assist us in meeting business operations needs and to perform certain
services and functions, we may share Personal Data with service providers,
including hosting, cloud or other information technology services;
marketing service providers; payment processors; customer support
providers; and web analytics services. Pursuant to our instructions, these
parties will access, process or store Personal Data in the course of
performing their duties to us.
Online
Stores and Streaming Services: we distribute the music
and any related information like titles, descriptions, and album art that
you upload to the Service to the online stores and streaming services of
your choice.
Fans: if you
follow one of our musician or content creator customers through an online
store or streaming service, we may provide your email address to the
musician or content creator that you follow.
Business
Transfers: If we are involved in a merger, acquisition,
financing due diligence, reorganization, bankruptcy, receivership, sale of
all or a portion of our assets, or transition of service to another
provider, your Personal Data and other information may be shared in the
diligence process with counterparties and others assisting with the
transaction and transferred to a successor or affiliate as part of that
transaction along with other assets.
Legal
Requirements: If required to do so by law or in the good faith
belief that such action is necessary to (i) comply with legal or
regulatory obligations, or other lawful requests by public authorities,
including to meet national security or law enforcement requirements, (ii)
protect and defend our rights or property, (iii) prevent fraud, (iv) act
in urgent circumstances to protect the personal safety of users of the
Site, or the public, or (v) protect against legal liability.
With
Your Consent: We may share your Personal Data where we obtain
your consent to do so, such as to connect you with a record label.

DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes
described in this Privacy Policy, while we have a legitimate business need to
do so, or as required by law (e.g. for tax, legal, accounting or other
purposes), whichever is the longer.
If you have elected to receive marketing communications from us, we retain
information about your marketing preferences until you opt out of receiving
these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will
consider the amount, nature, and sensitivity of the Personal Data, the
potential risk of harm from unauthorized use or disclosure of your Personal
Data, the purposes for which we use your Personal Data and whether we can achieve
those purposes through other means, and the applicable legal requirements.
5. UPDATE YOUR INFORMATION
If you need to change or correct your Personal Data, or wish to have it deleted
from our systems, you may contact us at admin@Krakenmusiclabel.com. We will address
your request as required by applicable law.
6. NOTICE TO CALIFORNIA RESIDENTS
Online Tracking and Do Not Track Signals: We may, and we may allow third
party service providers to, use cookies or other tracking technologies to
collect information about your browsing activities over time and across
different websites following your use of the Site. Our Site currently does not
respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy
Policy whether or not a DNT signal is received. If we do respond to DNT signals
in the future, we will describe how we do so in this Privacy Policy.
Personal Data Collection, Use, and Disclosure: The following disclosures
are intended to provide additional information about (1) the categories of
Personal Data we collect, (2) the sources of Personal Data we collect, (3) how
we use each category of Personal Data, and (4) how we disclose Personal Data.
Nothing in this Notice limits our ability to use or disclose Personal Data as
described above.

Category of Personal Data	Sources of Personal Data	Use of Personal Data	Disclosure of Personal Data
Account Data	We collect Account Data from you.	We use Account Data to provide the Service to communicate with you, and for marketing.	We disclose Account Data to our hosting provider and to our marketing partners.
Creator Data	We collect Creator Data from you.	We use Creator Data to provide the Service.	We disclose Creator Data to online stores and streaming services.
Communication Data	We collect Communication Data from you.	We use Communication Data to communicate with you and provide customer service.	We disclose Communication Data to our hosting and customer support providers.
Payment Data	We collect Payment Data from you.	We use Payment Data to collect payments from you and to transmit payments to you.	We disclose Payment Data to our payment processors and the government tax authorities.
Fan Data	We collect Fan Data from online music stores and streaming services.	We use Fan Data to allow musicians and content creators to share news, events, and other updates with their fans.	We disclose Fan Data to the musicians and content creators that fans follow or interact with through online stores and streaming services.
Social Media Data	We collect Social Media Data from you and from Social Media Sites.	We use Social Media Data to operate our pages on Social Media Sites and for marketing.	We disclose Social Media Information to Social Media Sites.
Online Activity Data	We collect Online Activity Information from you via your interaction with the Service.	We use Online Activity Information for analytics and marketing.	We disclose Online Activity Information to our analytics providers and marketing partners.

We do not and will not sell your Personal Data.
Privacy Rights: To the extent provided for by law and subject to
applicable exceptions, California residents have the following privacy rights
in relation to the Personal Data we collect:

The
right to know what Personal Data we have collected and how we have used
and disclosed that Personal Data;
The
right to request deletion of your Personal Data;
The
right to opt out: we may sell your Online Activity Data to third parties. You can opt out by clicking
here.
The
right to request the categories of Personal Data we disclosed to third
parties for their direct marketing purposes in the year preceding the
request, the names and addresses of such third parties, and, in certain
circumstances, examples of the products or services marketed by such third
parties;
The
right to be free from discrimination relating to the exercise of any of
your privacy rights.

Exercising Your Rights: California residents can exercise the above
privacy rights by emailing us at admin@Krakenmusiclabel.com or writing us at:
Kraken Music Attn: Privacy Request 34 Third Ave #183 New York, NY 10003
Verification: in order to protect your Personal Data from unauthorized
access or deletion, we may require you to verify your login credentials before
you can submit a request to know or delete Personal Data. If you do not have an
account with us, or if we suspect fraudulent or malicious activity, we may ask
you to provide additional Personal Data for verification. If we cannot verify
your identity, we will not provide or delete your Personal Data.
Authorized Agents: you may submit a request to know or a request to
delete your Personal Data through an authorized agent. If you do so, the agent
must present signed written permission to act on your behalf and you may also
be required to independently verify your identity with us.
7. CHILDREN
Our Service is not directed to children who are under the age of 13. Kraken Music
does not knowingly collect Personal Data from children under the age of 13. If
you have reason to believe that a child under the age of 13 has provided
Personal Data to Kraken Music through the Service please Contact Us and we will
endeavor to delete that information from our databases.
8. EU USERS
Scope. This section applies to individuals in the EU (for these
purposes, reference to the EU also includes the European Economic Area
countries of Iceland, Liechtenstein and Norway and, to the extent applicable,
Switzerland).
Data Controller. We are the data controller for Personal Data described
in this Privacy Policy. You can find our contact information, and the contact
information of our EU-based representative, in the Contact Us section below.
Legal Bases for Processing. This Privacy Policy (the paragraph “How We
Use Personal Data”) describes the legal bases we rely on for the processing of
your Personal Data. Please contact us if you have any questions about the
specific legal basis, we are relying on to process your Personal Data.
As used in this Privacy Policy, “legitimate interests” means our interests in
conducting our business and developing a business relationship with you. This
Privacy Policy describes when we process your Personal Data for our legitimate
interests, what these interests are and your rights. We will not use your
Personal Data for activities where the impact on you overrides our interests,
unless we have your consent or those activities are otherwise required or
permitted by law.
Your Rights. Pursuant to the EU General Data Protection Regulation (or
GDPR), you have the following rights in relation to your Personal Data, under
certain circumstances:

Right
of access: If you ask us, we will confirm whether we are
processing your Personal Data and, if so, provide you with a copy of that
Personal Data along with certain other details. If you require additional
copies, we may need to charge a reasonable fee.
Right
to rectification: If your Personal Data is inaccurate or
incomplete, you are entitled to ask that we correct or complete it. If we
shared your Personal Data with others, we will tell them about the
correction where possible. If you ask us, and where possible and lawful to
do so, we will also tell you with whom we shared your Personal Data so you
can contact them directly.
Right
to erasure: You may ask us to delete or remove your Personal
Data, such as where you withdraw your consent. If we shared your data with
others, we will tell them about the erasure where possible. If you ask us,
and where possible and lawful to do so, we will also tell you with whom we
shared your Personal Data with so you can contact them directly.
Right
to restrict processing: You may ask us to
restrict or ‘block’ the processing of your Personal Data in certain
circumstances, such as where you contest the accuracy of the data or
object to us processing it (please read below for information on your
right to object). We will tell you before we lift any restriction on
processing. If we shared your Personal Data with others, we will tell them
about the restriction where possible. If you ask us, and where possible
and lawful to do so, we will also tell you with whom we shared your
Personal Data so you can contact them directly.
Right
to data portability: You have the right to obtain your Personal Data
from us that you consented to give us or that was provided to us as
necessary in connection with our contract with you, and that is processed
by automated means. We will give you your Personal Data in a structured,
commonly used and machine-readable format. You may reuse it elsewhere.
Right
to object: You may ask us at any time to stop processing
your Personal Data, and we will do so:
- If we
  are relying on a legitimate interest to process your Personal Data —
  unless we demonstrate compelling legitimate grounds for the processing or
  we need to process your data in order to establish, exercise, or defend
  legal claims;
- If we
  are processing your Personal Data for direct marketing. We may keep
  minimum information about you in a suppression list in order to ensure
  your choices are respected in the future and to comply with data
  protection laws (such processing is necessary for our and your legitimate
  interest in pursuing the purposes described above);
Right
to withdraw consent: If we rely on your consent to process your
Personal Data, you have the right to withdraw that consent at any time.
Withdrawal of consent will not affect any processing of your data before
we received notice that you wished to withdraw consent.
Right
to lodge a complaint with the data protection authority: If you
have a concern about our privacy practices, including the way we handled
your Personal Data, you can report it to the data protection authority
that is authorized to hear those concerns (generally, the data protection
authority of the country in which you are located).

Please see the Contact Us section below for information on how to exercise your
rights.
9. INTERNATIONAL TRANSFER
Kraken Music is based in the United States. If you are accessing our Service from
the EU or other regions with laws governing data collection and use, please
note that your Personal Data will be transferred to and stored in the United
States as necessary for the purposes described in this Privacy Policy, and the
data may be transmitted to our service providers supporting our business
operations (described above). The United States may have data protection laws
less stringent than or otherwise different from the laws in effect in the
country in which you are located.
Where we transfer your Personal Data out of the EU we will take steps to ensure
that your Personal Data receives an adequate level of security protection where
it is processed and your rights continue to be protected. Some of our service
providers (such as Google LLC and Tipalti, Inc.) are certified to the Privacy
Shield framework for data transfers (for more information visit https://www.privacyshield.gov/welcome). For more information, please Contact Us as described below.
10. LINKS TO OTHER WEBSITES
The Site may contain links to other websites not operated or controlled by Kraken Music,
including social media services (“Third Party Sites”). The information
that you share with Third Party Sites will be governed by the specific privacy
policies and terms of service of the Third Party Sites and not by this Privacy
Policy. By providing these links we do not imply that we endorse or have
reviewed these sites. Please contact the Third Party Sites directly for
information on their privacy practices and policies.
11. COOKIES
We and our partners use cookies to operate and administer our Site, make it
easier for you to use the Site during future visits, and gather usage data on
our Site.
For more information about the cookies used on our Site, please refer to our
Cookie Policy, which forms part of this Privacy Policy.
12. SECURITY
You use the Service at your own risk. We comply with industry standards to
protect Personal Data both online and offline from loss, misuse, and
unauthorized access, disclosure, alteration or destruction. However, no
Internet or e-mail transmission is ever fully secure or error free. In
particular, e-mail sent to or from us may not be secure. Therefore, you should
take special care in deciding what information you send to us via the Service
or e-mail. Please keep this in mind when disclosing any Personal Data to Kraken Music
via the Internet. In addition, we are not responsible for circumvention of any
privacy settings or security measures contained on the Service, or third party
websites.
13. YOUR CHOICES
Whether or not you provide Personal Data to us is completely up to you, but if
you choose not to provide information that is needed to use some features of
our Site, you may be unable to use those features. You can also contact us to
request access to your data or to ask us to update, correct, or delete your
Personal Data.
14. CHANGES TO THE PRIVACY POLICY
The Service, and our business may change from time to time. As a result we may
change this Privacy Policy at any time. When we do we will post an updated
version on this page, unless another type of notice is required by the
applicable law. By continuing to use our Service or providing us with Personal
Data after we have posted an updated Privacy Policy, or notified you if
applicable, you consent to the revised Privacy Policy and practices described
in it.
15. CONTACT US
If you have any questions about our Privacy Policy or the information practices
of the Site, please feel free to contact us at admin@Krakenmusiclabel.com.
If you have an unresolved privacy or data use concern that we have not
addressed satisfactorily, please contact our U.S.-based third party dispute
resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
If you are an individual in the EU, you can also contact EDPO, who has been
appointed as Kraken Music’s representative in the EU pursuant to Article 27 of the
GDPR on matters related to the processing of Personal data activities that take
place in the EU. To make such an inquiry, please contact EDPO at https://edpo.brussels/.