MEMBERS PRIVACY POLICY

Last updated May 19, 2023.

Audio & Video Labs, Inc. dba CD Baby (“CD Baby”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the CD Baby-managed domains (including, but not limited to, store.cdbaby.com, cdbaby.com, members.cdbaby.com, www.cdbaby.net, and www.cdbaby.org) and websites or domain names, or any other linked pages, features, content, or application services offered from time to time by and related to or involving CD Baby (collectively, the “Website”), submitting information, or using any of our services, you acknowledge that you accept the practices and policies outlined in this privacy policy (the “Privacy Policy”).

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers CD Baby’s treatment of information that CD Baby gathers when you are accessing CD Baby’s Website as a consumer and when you use CD Baby services as a customer (the “Information”). Also, this Privacy Policy covers CD Baby’s treatment of your information that CD Baby’s business partners share with CD Baby. This Privacy Policy does not apply to the practices of third parties that CD Baby does not own or control (such as third-party websites that you may access from the Website), or to individuals that CD Baby does not employ or manage.

WHAT INFORMATION DOES CD BABY COLLECT?

The Information we gather from consumers and customers enables CD Baby to personalize and improve our services and to allow our consumers and customers to set up accounts on the Website. In connection with the Website, we request and display some Information to other consumers and visitors of the Website, which allows consumers to identify artists and goods on the Website. We collect the following types of information from our consumers and customers.

Information You Provide to Us:

We receive and store any information you enter on our Website or provide to us in any other way. The types of Information collected include, without limitation, your full name, email address, mailing address, phone number, IP address, browser information, password, contact information, credit card or bank account information, transactional information based on your activities on the Website, and media consumed on the Website including, but not limited to, media viewed, played, downloaded, uploaded, and shared. In addition, note that all information you enter into your CD Baby Member Account or CD Baby Customer Account is information that you provide to us. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.

Information Collected Automatically:

We receive and store certain types of information whenever you interact with our Website or services. CD Baby automatically receives and records information on our server logs from your browser including your IP address, geo-territory information, CD Baby cookie information, the page you requested, and the media you have consumed (e.g., viewed, played, downloaded, uploaded, and shared).

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. This type of data enables us to figure out how often consumers use parts of the Website or services so that we can make the Website appealing to as many consumers as possible, and improve those services.

Information Collected from Other Sources and Third Parties

We obtain certain kinds of personal information about you from third parties. For example, we may collect usage data of your visits to our Website from the service providers that help us operate the site or improve its functionality. We also use a third-party chatbot service, which may collect your country/state of residence, area code, and/or IP address, to provide you with tailored support services, prevent fraud, and enhance your user experience. For example, we receive information in anonymized form from Mouseflow, an experience analytics service, regarding how visitors use and interact with our Website. This includes a visitor’s mouse clicks, mouse movements, scrolling activity, and page content. To learn more about Mouseflow’s data collection practices, please visit their website: https://mouseflow.com/privacy/.

We may obtain information relating to advertisement views, clicks, and interactions from social media outlets and content platforms like Twitter, Facebook, and YouTube. In very specific instances, we may obtain a user’s email address when a user provides Facebook with authorization to provide such information.

We may obtain the following information from your representatives or labels:

• (i) When it is included in the music and artwork you provide us through the use of our services. For example, sometimes our users’ work includes personal information such as their gender, sexual orientation, interest activities, and geographic location in the artwork and music they upload.
• (ii) To facilitate payment for our services or receive payment generated through our services. For example, we may ask for your financial account information, bank information, or information relating to a payment account (such as PayPal).
• (iii) When you seek assistance through our Help Center, including your name, user account information, and audio recordings of Help Center sessions.
• (iv) When a support ticket is submitted on your behalf, including your name and email or physical address.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. CD Baby cookies do not collect Information, and except as necessary to investigate claims of fraud or other misconduct or as otherwise necessary to track purchases for purposes of calculating credit under our affiliate program, we do not combine the general information collected through cookies with other personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.

Ads and offers appearing on the Website may be delivered to consumers and customers by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by CD Baby and does not cover the use of cookies by any advertisers or other third parties with whom CD Baby may work. CD Baby does not access or control such third-party cookies; please refer to those companies’ privacy policies.

For more information about cookies, including deleting and controlling cookies, please visit aboutcookies.org.

Right to Access, Rectify, Erase, Restrict, Transport, and Object to Processing of Your Information:

You may have certain rights regarding your Information that CD Baby collects and processes. To exercise these rights, please submit a request to privacy@cdbaby.com. CD Baby may ask for additional information, as reasonable, to confirm your identity before taking any further actions. Note that some of our services and special features require certain Information and erasing, restricting, or objecting to processing of your Information may prevent CD Baby from providing these services or special features to you.

HOW DOES CD BABY USE MY INFORMATION?

The Information you provide is used for purposes such as responding to your requests for certain products and services, customizing the content you see, communicating with you about specials, sales offers, and new features, and responding to problems with our services.

CD Baby may use all of the Information that we collect from our users to understand usage trends and consumer and customer preferences, to improve the way the Website works and looks, to improve our marketing and promotional efforts, and to create new features and functionalities.

CD Baby may use geo-territory information to customize the content and services you see on the Website, as not all services are available in all territories or have additional restrictions that may apply to certain users of the Website.

CD Baby may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.

CD Baby may use your email address or other personally identifiable information provided by you for promotional purposes or to communicate with you with information about a specific program or feature you have elected to participate in or receive information about.

WILL CD BABY SHARE ANY OF THE INFORMATION IT RECEIVES?

Information about our customers is an integral part of our business, and we may share such Information with our corporate parent or other affiliated entities. Except as expressly described below, we neither rent nor sell your Information to other people or nonaffiliated companies. We may share your Information when we have your permission, and we may share your Information under the following circumstances:

We provide Information,

• (i) to the content owners (e.g., artists and record labels) that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), subject to the ability of such fans to opt-out of promotional communications, and
• (ii) we may provide aggregate information to our partners about how our consumers or customers, collectively, use our site (e.g., we share this type of statistical data so that our partners also understand how often people use their services and our Website, so that they, too, may provide you with an optimal online experience). For the avoidance of doubt, when you purchase a particular artist’s music, that artist will receive your name and e-mail address unless you opt-out of disclosing this information. An artist will also be able to identify the web page or link (included e-mail addresses to the extent a link was embedded in an e-mail) from which you have been referred to an artist’s page on CD Baby.

Affiliated Artists and Rightsholders We Do Not Control:

We are affiliated and work closely with a variety of artists and rightsholders (e.g., record labels, music publishers, etc.). In certain situations, these businesses sell items to you through CD Baby’s Website, for example, the labels, musicians and other artists from which you purchase or use products or services through the Website. In other situations, CD Baby provides services, or sells products jointly with affiliated businesses. We will share Information that is related to such transactions with that affiliated business unless you expressly opt-out of such disclosure.

Third-Party Service Providers:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples of such information include, without limitation, fulfilling orders, delivering packages, sending postal mail and email, analyzing data, processing credit card information, and providing customer service. Unless we tell you differently, such third-party service providers do not have any right to use Information we share with them beyond what is reasonably necessary to assist us.

YouTube: CD Baby is a full-service Content ID music administrator for both sound recordings and publishing assets, as well as a music distributor. These efforts involve distribution of music on YouTube Music and other interactions with YouTube utilizing YouTube API Services. Use of your information in association with the YouTube API Services includes the delivery and removal of assets to YouTube, active monetization, manual content ID administration tasks, direct artist outreach, and management of an Official Artist Channel self-serve portal with YouTube.

You hereby consent to our sharing of Information for the above purposes.

Business Transfers:

If CD Baby, or all or any portion of its business or assets, are acquired, sold, or otherwise transferred, including in any merger or other transaction, or in the unlikely event that CD Baby goes out of business or enters bankruptcy, consumer and customer Information would be one of the assets that is transferred to or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge and agree that such transfers may occur in any of these circumstances, and that any acquirer or successor or other party acquiring all or any portion of CD Baby’s business or assets may continue to use your Information as set forth in this policy.

Protection of CD Baby and Others:

We may release Information when we believe in good faith that release is necessary to comply with any applicable laws, rules or regulations; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of CD Baby, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, AVL is potentially liable.

Opt-In for Promotions:

We do not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.

With Your Consent:

Except as set forth above, you will be notified when your Information may be shared with third parties, and will have the option of preventing the sharing of this information.

IS INFORMATION ABOUT ME SECURE?

Your CD Baby account Information is protected by a password for your privacy and security. You need to protect unauthorized access to your account and Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. You are prohibited from sharing your exclusive CD Baby login information and if you share your password or your Information with others, remember that you are responsible for all actions taken in the name of your account. If you lost control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify CD Baby and change your password.

CD Baby attempts to protect user information to ensure that user account information is kept private; however, CD Baby cannot guarantee or ensure the security of user account information. Not even the U.S. government appears capable of securing highly sensitive personal and national security information from unauthorized access, use, and exploitation. Unauthorized entry or use by third parties, hardware or software failure, and other factors may compromise the security of user information at any time, including your Information.

WHAT INFORMATION CAN I ACCESS?

CD Baby may allow you to access certain information about you through the member dashboard (for artists), and/or customer accounts, for the purpose of viewing, and in certain situations, updating that information. As stated previously, any further request to access your Information that you have a right to access, you may submit a request to notice@cdbaby.com. CD Baby may ask for additional information, as reasonable, to confirm your identity before taking any further actions

WHAT CHOICES DO I HAVE?

As stated previously, you can always opt not to disclose Information to us; provided, however, that in order to purchase goods from us as a customer, to make goods available for sale as a client, or provide CD Baby services to you as an artist you will have to provide us with Information. If you are unwilling to provide Information, then you cannot purchase or sell goods or sign up for artist services through the CD Baby-managed domains.

You are able to add or update certain information on pages, such as those listed in the “What Information Can I Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records.

You may request deletion of your CD Baby account by contacting CD Baby’s customer support at notice@cdbaby.com. Please note that some information may remain in our records after deletion of your account.

You will be able to opt-out of receiving e-mail notices or solicitations from CD Baby or our affiliates by responding to a link included in each e-mail notice or solicitation.

CHANGES TO THIS PRIVACY POLICY

CD Baby may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your Information and will always be available at https://cdbaby.com/privacy-policy/. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an e-mail notice to the e-mail address associated with your account. You and all consumers and customers are bound by any changes to the Privacy Policy when you or they use the Website after such changes have been first posted.

THIRD-PARTY ADVERTISERS; LINKS TO OTHER SITES

The Website contains links to other sites, including the sites of the bands, musicians and other artists from which you purchase or use products or services through the Website. CD Baby is not responsible for the privacy policies and/or practices on other sites (including the bands, musicians and other artists or digital service providers from which you purchase or use products or services through the Website). When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.

CHILDREN

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to CD Baby through the Website represents that they are 13 years of age or older.

California Minors under 18 Years of Age:

California law provides additional rights to minors under the age of eighteen (18) residing in California. You may request the removal of any of your Information you submitted while under the age of 18. Note that CD Baby can and would remove Information upon request from its internal systems but cannot guarantee removal of Information that you requested be provided to any systems outside of CD Baby’s control. YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT IS NEAR IMPOSSIBLE TO HAVE INFORMATION ENTIRELY REMOVED FROM THE INTERNET ONCE IT APPEARS.

PRIVACY SHIELD COMPLIANCE

We and our subsidiaries in the U.S. (CDBaby.com, Hearnow.com, HostBaby.com, Show.co and Soundrop.com) comply with the EU-U.S. Privacy Shield Framework (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom to the United States in reliance on Privacy Shield. AVL has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

AVL will offer EU and Swiss individuals whose personal information has been transferred to us the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting us at privacy@cdbaby.com.

In compliance with the Privacy Shield Principles, AVL commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact AVL at: privacy@cdbaby.com.

AVL has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/ for more information or to file a complaint. The services of JAMS are provided at no cost to you. For purposes of enforcing compliance with Privacy Shield, AVL is subject to the investigatory and enforcement authority of the US Federal Trade Commission.

An individual may be allowed to invoke binding arbitration to resolve disputes under certain limited conditions. If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex at: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

NOTE TO INTERNATIONAL USERS

The Website is hosted in the United States. If you are a customer or client accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions.

European Union and European Economic Area:

The Website is not intended for children accessing the Website from the European Union or the European Economic Area by children under the age of 16.

By providing your personal data to CD Baby through the Website, you consent to:

The use of your personal data for the uses identified above in accordance with the Privacy Policy; and the transfer of your personal data to the United States as indicated above.