Privacy Policy

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Privacy Policy

Last updated: August 14, 2020

Overview
Vampr, Inc. (“Vampr” ‘Us’ ‘We’) understands that you care about how your Personal Information is used and shared, and we take your privacy seriously. This Privacy Policy describes how we collect, use, share, and safeguard your Personal Information when you access the Vampr website and domain name, mobile applications, and any other linked pages, features, content, or application services offered from time to time by Vampr in connection therewith (collectively, the “Service”), or otherwise interact with us. This policy does not apply to the practices of companies that Vampr does not own or control, or to individuals that Vampr does not employ or manage.

By accessing or using the Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

We reserve the right to amend this Privacy Policy at any time by posting the
amended terms on the Service. If we make material changes to this policy, we
will notify you by means of a notice on our announcements board and/or other
means so that you access and review the changes. If you object to any changes, you may close your account. By continuing to use the Service after notice of changes has been sent to you or published on the Service, you are deemed to have consented to the changes.

Definitions
“Personal Information” means information that can be associated with a specific person and can be used to identify that person and includes your Information. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not personal information.

“Processing“ means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Collection
We collect personal information in a number of ways, including:

  • when you provide information directly to Us in person, by phone or in
    writing (whether electronic, via our communication tools or otherwise);
  • when you visit and/or use the Service, in which case, we record
    information sent to us by your computer, mobile device or other access
    device; and
  • from third parties such as Our related entities, service providers to
    Us, operators of linked websites, applications and advertising on the
    Service.
  • From third parties engaged to provide services, including but not limited to Segment, Mixpanel, and Airship. For information about those companies data retention policies please see their respective privacy policies.     

What We Collect
We may collect the following types of personal information in order to provide you with access to and use of the Service and for the purposes provided for in this Privacy Policy:

  • your name, user ID’s and passwords, phone number, mobile telephone
    number, email address, physical address and other contact information;
  • financial information such as credit card or bank account numbers;
  • records and content of communications with Us or any other person
    including when using Service communication tools;
  • personal information based on your activities on the Service. We may use software tools such as JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages;
  • personal information you provide to us through any discussion boards,
    correspondence, member information pages, disputes, or shared by you
    from other social applications, services or websites;
  • to the extent permitted by law, other personal information provided by
    or obtained from third parties including navigation and demographic data
    and credit check information;
  • additional personal information we ask you to provide to verify your
    identity or when we suspect that you are in breach of our Terms and Conditions, this Privacy Policy or other Service policies (including your
    personal ID and your answers to any questions we pose to you);
  • personal information from your interaction with the Service and its
    content and advertising, including device identifiers, device type,
    geo-location information, connection information, statistics on page
    views, traffic to and from the Service, mobile network information,
    time, date, referring URL, the type of operating system and browser, ad
    data, IP address and standard web log data; and
  • Personal information collected via Cookies. For further information regarding the collection of Personal Information collected via Cookies please see the section below headed “Use of Cookies”.

Your Profile Information
You may choose, at your discretion, to provide additional information for your public profile on Vampr including:

  • your real name
  • a user name (which may be your real name or a professional nom de plume)
  • the city and country in which you live
  • a profile picture, profile header image or avatar
  • information about how you categorize yourself with respect to your content (for example, whether you are a musician (and your instrument(s)), an industry professional or other description)
  • details of your other websites and social media profiles, including links to those pages
  • your gender if you choose to provide it
  • your Profile Information will be published on your Profile on the application. This information will be publicly accessible and may be viewed by anyone accessing the Service, and may be used by Us to exemplify our Service and the type of content accessible on the Service.

Information is not associated with you personally unless you have registered
an account with the Service.

We will not process personal information that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, without you having provided that information on your profile.

We will not process genetic data, biometric data for the purpose of identifying you, health related data, or data related to your sexual orientation, without your explicit consent.

How personal information is used
Our principal purpose in collecting, using and storing your personal information is to provide you with access to and use of the Service in a personalised, safe and efficient manner. You consent to us collecting, using, storing and sharing your personal information to:

  • operate the Service, generate content and provide customer support and
    billing services;
  • to operate, evaluate and improve our business, including developing new products and services; managing our communications; determining the effectiveness of, and optimizing the content you see; analyzing our products, services, website, mobile application, and any other digital assets; facilitating the functionality of our website, mobile application, and any other digital assets
  • provide the Services requested by you and to respond to your inquiries;
  • to allow users to identify each other by displaying Personal Information to other users and visitors of the Service
  • to perform accounting, auditing, billing, reconciliation, and collection activities;
  • to conduct surveys to determine use and satisfaction with Our Services;
  • to generate statistics in relation to the Service;
  • detect, investigate and prevent potentially unlawful acts or omissions
    or acts or omissions with the potential to breach our Terms and Conditions,
    this Privacy Policy or other policies;
  • to protect Our rights, property, or safety, and those of our employees, our users, or others, including by taking measures to prevent fraud and reduce credit risk
  • enforce our Terms and Conditions, this Privacy Policy or other policies;
  • verify information for accuracy or completeness (including by way of
    verification with third parties);
  • combine or aggregate your personal information with information we
    collect from third parties and use it for the purposes set out this
    Privacy Policy;
  • contact you at your contact details we have collected, by way of voice
    call, post, text message or email;
  • aggregate and/or make anonymous your personal information, so that it
    cannot be used, whether in combination with other information or
    otherwise, to identify you;
  • collect fees, resolve disputes and to identify, test and resolve problems;
  • notify you about the Service and updates to the Service from time to
    time; or
  • supply you with generalised, targeted or personalised marketing,
    advertising and promotional notices, offers and communications based on
    your preferences, and measure and improve our marketing, advertising and
    promotions based on your ad customisation preferences.

We use the Personal Information we collect from you, including with the help of automated systems and decision making, for a range of different business purposes according to different legal bases of processing and subject to the choices you make.

  • To improve your experience of the Service by providing personalized content, recommendations, and features.
  • To customize the content and measure performance of any email, push notification, or in-app message we may send to you.
  • Administer sweepstakes, contests, or other promotional activities or events sponsored or managed by Vampr or its partners.
  • Use automated systems and decision making to profile user characteristics and infer preferences based on information that you provide to us, your interactions with the Service and content, your profile information, and information obtained from third parties. This data is used to create groups of users, called segments, who share similar characteristics and interests; we use segments to serve personalized content, advertising, and marketing messages. We also use automated systems to associate your activity over time across devices, and may associate activity and accounts under a single user ID, in order to determine that certain devices are related to each other and provide you with a personalized experience across devices and platforms.
  • To deliver targeted marketing for Vampr products on and off the Service and measure the success of those campaigns. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information that your browser or mobile app makes available when seeing the ad (e.g IP address, referral URL, browser details, timestamp of request), including whether a click converted to an actual purchase. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.
  • Ads are known to be more effective when they are shown to people who are likely to be interested in the product or service advertised. For this reason, we may use the information we collect and receive to help us select which ads to show you on behalf of advertisers. This includes information you choose to provide to us and make available to us when you interact with the Service (e.g. by posting music links, my providing profile information, listening to others music, viewing other profiles, liking other profiles), as well as general location data. We may also display ads based on the page you’re on or content you have recently viewed, searched, or listened to. This allows us to show you ads that will likely be more relevant and interesting to you.
  • When we engage third party services such as ad-networks and exchanges that enable us showing you targeted ads, we may also allow them to collect certain information such as cookie data and device identifiers. That information is used to synch or match users to segments and serve targeted advertising, including based on device activity, inferred interests, and general location information.

What Choices And Rights Do You Have Regarding Your Personal Information
You have the right to ask Vampr for confirmation as to whether or not we are processing your Personal Information, and if so, obtain access to the data and the following information:

  • The purposes of processing;
  • The types of data being processed;
  • The recipients the data have been or will be disclosed to; and
  • The expected data storage period, where possible.

You may object to having your Personal Information processed for the purposes of any direct marketing at any time by communicating this to us in writing at the email address below.

Opting out
You may withdraw your consent to us collecting, storing, using and disclosing your personal information in accordance with this Privacy Policy, but you may not be permitted to continue to use the Service or some of our Services, should your Opt-Out, not make the provision of those Services possible.

Withdrawing your consent does not affect the lawfulness of the processing of your personal information that occurred before your withdrawal.

You may opt out of receiving our marketing, advertising and promotional notices, offers and communications by communicating this to us in writing at the email address [email protected]

Disclosure to third parties
Notwithstanding the matters set out above, you agree that we may disclose
your personal information to:

  • enforce our Terms and Conditions, this Privacy Policy and other policies;
  • comply with any applicable law, request by a governmental agency or
    regulatory authority or legally binding court order;
  • respond to or resolve claims that a member has violated the rights of
    others;
  • protect a person’s rights, property or safety;
  • Our directors, staff, contractors, professional advisers and related
    entities;
  • outsourced service providers who assist Us to provide its services such
    as information technology providers and marketing advisers (including in
    relation to fee collection, fraud investigations and Service
    operations);
  • third parties to whom you expressly ask us to send, or consent to us
    sending, your personal information;
  • credit agencies (including regarding missed and late payments or other
    defaults or breaches on your account); or
  • such entities that we propose to merge with or be acquired by and in
    such case, we will require that the new entity following the merger or
    acquisition adhere to this Privacy Policy.

Sharing with other members
If you register as a user your user ID will be connected to all of your
activities on our Service and:

  • the contents of your profile, your user ID and your profile picture (if
    you upload one) will be shared with other members in our community;
  • you may share personal information and other information with other
    members in our community;
  • your user ID will be connected to all your activities;
  • if you comment on a Service blog, then those comments and your user ID
    will be available to visitors to and users of the Service;
  • notices sent to other members of Our community about suspicious activity
    and breach of our policies may refer to user IDs and specific items. So if you associate your name with your user ID, the people to whom you have revealed your name may be able to personally identify your activities;
  • if you disclose your personal information to third parties (including members of this Service), you will also be subject to the privacy policies of that party. We do not control the use, storage or disclosure of that information by such third parties (nor their privacy policies), who may apply different privacy rules and practices. We encourage you to ask questions before you disclose sensitive personal information to third parties;
  • you agree to use other Service user’s personal information solely for:
    • Our related purposes that are not unsolicited commercial messages;
    • using services offered by Us; or
    • other purposes that a user expressly permits.
  • If you access the Service from a shared device or a device of a third party (such as in an internet café), your personal information including your User ID, activity or reminders from Us, may also be available to other persons who access that device.

Use of Cookies

  • We (or a third party providing services to Us) may use cookies, pixel
    tags, “flash cookies”, or other local storage provided by your browser
    or associated applications (each a Cookie and together Cookies). A
    Cookie is a small file that stays on your computer or device until,
    depending on whether it is a sessional or persistent cookie, you turn
    your computer or device off or it expires (typically between 7 and 30 days depending on user settings).
  • Cookies may be used to provide you with our range of services including
    to identify you as a user or member of the Service, remember your
    preferences, customise and measure the effectiveness of the Service and
    our promotions, advertising and marketing, analyse your usage of the Service, and for security purposes.
  • Cookies may collect and store your personal information. This Privacy
    Policy applies to personal information collected via cookies. You may adjust your internet browser to disable cookies. If Cookies are disabled, we may not be able to provide you with the full range of Our Services.
  • You also may encounter Cookies used by third parties and placed on certain pages of the Service that we do not control and have not authorised (such as webpages created by another user). We are not responsible nor are we liable for the use of such Cookies.
  • The Service may also include links to third party websites (including links created by users or members) and applications and advertising delivered to the Service by third parties (Linked Sites). Organisations who operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible nor liable for Linked Sites and recommends that you read the privacy policies of such Linked Sites before disclosing your personal information.

No Spam, Spyware or Spoofing

  • You are prohibited from engaging in spam, spyware or spoofing type
    activities, regardless of whether directed towards Us or other users of Us.
  • You must not use the Service or it’s communication tools to send, upload
    or distribute spam, viruses or malicious, illegal or prohibited content to the Service or otherwise send content that would breach our Terms of Service or this Privacy Policy.
  • You are not permitted to use personal information of other users without the written consent of that user.
  • We may (or we may engage a third party service provider to) take steps to scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or unlawful or content prohibited by this Privacy Policy and our Terms of Service.
  • To report spam, spyware or spoof activities to Us, email us at [email protected]

Accessing and amending your personal information

  • It is important that you protect your password by using unique letters, numbers and special characters and by not sharing your password with any
    third party. If you disclose or lose control of your password or your personal information to a third party, you may be responsible for all actions taken in the name of your account or with this information including legally binding actions taken on your behalf. If you suspect that your password or account has been comprised, you must immediately notify Us and change your password.
  • You have the right to have inaccurate personal information rectified without undue delay. You can access and amend much of your personal information by logging into your account. It is your responsibility to ensure that such information is accurate and up to date. We can only amend your personal information on your behalf if we are able to confirm your identity.
  • You can request from us the personal data which you have previously provided in a commonly used and machine readable format.

Storage and security

  • We store and process your personal information on our host’s servers,
    currently located in multiply locations around the world. You consent to
    the transfer, storage and retention of that information onto the servers
    of our host provider used from time to time by Us, regardless of the
    location of those servers.
  • We have taken steps to protect your personal information by contracting
    with a third party to provide technical and security measures. These
    measures are designed to mitigate, but do not guarantee against, the
    risk of loss, misuse, unauthorised access, disclosure and alteration.

Account Closure

  • If you request us to do so, we will as soon as reasonably practicable close your Service account.
  • We may also close, terminate or deactivate inactive accounts or accounts
    that have been used in breach of our Terms and Conditions, this Privacy Policy or other policies from time to time.
  • In general but subject to other terms of this Privacy Policy, personal information from closed, terminated or deactivated accounts will remain
    on the Service but the login access to the account will be disabled as
    soon as reasonably practicable after account closure, termination or
    deactivation so that you and others cannot access the account.
  • To the extent permitted by law, we reserve the right under certain
    situations to retain and store your personal information for such period
    as is deemed necessary by Us, notwithstanding closure, termination or
    deactivation of your account. Such situations include where we are
    required to comply with laws or regulations, the collection of fees owing to Us, the resolution of disputes, the prevention of fraud, unlawful activity or activity prohibited by this Privacy Policy or our Terms and Conditions, or the enforcement of our Terms and Conditions or this Privacy Policy.

Right to Erasure
You have the right to have your personal information collected by Vampr erased without undue delay, but you may not be permitted to continue to use the Service or some of our services.

We have an obligation to erase your personal data without undue delay in the following circumstances:

  • The personal data are no longer required for the purposes for which they were collected;
  • You withdraw your consent; or
  • For the purposes of compliance with a legal obligation(s).

We shall, upon your request, take reasonable steps to erase any personal data made public or provided to third parties for processing.

Right to restriction of processing
You have the right to have the processing of your Personal Information restricted in the following circumstances:

  • Your personal data are no longer required for the purposes for which they were collected;
  • You do not think the Personal Information is accurate; or
  • You object to the processing of your Personal Information.

Information Sharing with Social Media
We may offer services that allow you to share public aspects of the Service
with third party websites such as Google Plus, Twitter, LinkedIn, Facebook
and other social media websites.

Children’s Privacy
The Service is not directed to children under 13 years old. Accordingly, we do not knowingly collect personal information from anyone under 13 years of age, and persons under 13 years of age should not submit any personal information to the Service.

United States Privacy Laws
Vampr is located in the United States. By providing your information, you consent to the processing of your information in the United States.

Jurisdiction Specific Provisions

Users in the European Economic Area, UK, and Switzerland
Under the General Data Protection Regulation (GDPR) and other applicable laws, users in the European Economic Area (“EEA”), UK, and Switzerland have the right, under certain conditions, to request access to, rectification of, or erasure of their personal information; request restriction of processing; object to processing; withdraw consent from processing; and the right to data portability.

If you are in the EEA, UK and Switzerland and would like to exercise these rights, please email us at [email protected] pursuant to the ‘Right to Erasure’ section above. Please include the phrase “GDPR Request” in the subject line and provide us with your mailing address and state and country of residence.

Vampr only collects and processes personal information about you where it has lawful bases for doing so. The specific legal basis applied to the processing will depend on the context in which the personal information is being processed, including the service used and the type of personal information involved.

Vampr uses the following legal bases for processing:

    1. For the performance of a contract. We will process your personal information to fulfill our contractual obligations with you, such as to provide you with access to Our Services, to communicate with you regarding your use of Our Services, and to comply with our Terms and Conditions.
    2. For legitimate interests. We will process your personal information for our legitimate interests or those of others (as long as the processing is not outweighed by your data protection interests). This includes but is not limited to, preventing fraud and other abuse, ensuring the security of our website(s), App(s) and Service, protecting our legal rights and interests, conducting market research and product development, and for marketing purposes.
    3. To comply with legal obligations. We will process your personal information to comply with all applicable laws, regulations, court orders, and government and law enforcement agencies’ requests.
    4. Consent. We will process your personal information when you have given us consent to do so, such as when you consent to receive certain communications from us.

If you’d like to withdraw your consent or object to our processing of your personal information, please email us as [email protected]

If you believe that we have not adequately addressed your concerns or wish to report an alleged infringement of applicable data privacy laws, you may file a complaint with your local supervisory authority.

Vampr is based in the United States and it stores, processes, and transfers information in and to servers and databases located in the United States. It may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.

If you use our Services outside the United States, including in the EEA, UK, and Switzerland, your information will be transferred to, stored, and processed in the United States. By accessing our Services or otherwise giving us information, you consent to the transfer of information to the United States and other countries outside your country of residence.
We rely on legal bases to transfer information outside of the EEA, UK, and Switzerland. For example, transfers involving personal information of Members located outside the United States are necessary for the performance of the contract between Vampr and our Members, as established in our Terms and Conditions. With respect to the processing of information by our service providers on our behalf, we take all necessary steps required under applicable law to ensure that their transfer of information across borders is compliant with applicable law. This may include the use of EU model clauses or ensuring that the recipient is certified under the US-EU Privacy Shield framework.

Users in California
This section provides details about rights California consumers may exercise under the California Consumer Privacy Act (CCPA) and other privacy and data protection laws, if it applies to you or Us. This section may include provisions identified elsewhere in this Privacy Policy and included here with reference to the CCPA.

Under the CCPA, California consumers have the following rights:

Access. A business that collects a consumer’s personal information must, at or before the point of collection, inform the consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. A business must disclose and deliver the personal information the business collected about the         consumer in response to a verifiable consumer request.

Deletion. A business must delete the personal information the business collected about a consumer and direct service providers to delete the consumer’s personal information in response to a verifiable consumer request, subject to certain exceptions.

Anti Discrimination. A business must not discriminate against a consumer who exercises any of the consumer’s rights under the CCPA. However, a business may charge different prices or provide a different quality of goods or services if the difference is reasonably related to the value provided to the consumer by the consumer’s data and may offer financial incentives to a consumer for the collection, sale, or deletion of personal information on a prior opt-in consent basis.

Opt Out and Website Requirements. A business that sells consumers’   personal information to third parties needs to provide notice to consumers thereof and that consumers have the right to opt out of the sale of their personal information. If the CCPA applies to a business that business must provide a “Do Not Sell My Personal Information” link on its website            homepage that links to a page on its website that enables a consumer to opt out of the sale of the consumer’s personal information.

If you are a California resident and would like to exercise your rights under the CCPA, email us at [email protected] above. Please specify which privacy right you’re exercising in the subject line (for example ‘CCPA Opt Out) and provide us with your mailing address and state of residence.

Contact Us
If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact us at [email protected]