Privacy Policy

Last revised: July 12, 2019

Deepdrive Kabushiki Kaisha, a Japanese kabushiki kaisha corporation, or its affiliates (collectively, “Company”, “Company”, “us”, “our”, and “we”) is deeply aware that you have every reason to be concerned about any data or information relating to an identified or identifiable individual (“Personal Information”) in relation to your access and use of the Site and Services. We make every effort to protect your Personal Information as set forth below and in compliance with all applicable laws and regulations. All capitalized terms otherwise defined herein have the meanings ascribed to them in Terms of Use available at deepdrive.com/terms.

1. General

We take your Personal Information seriously and handle them with utmost care.

a. Privacy Policy

Before you access or use the Site or the Services, please read carefully and agree to the following privacy policy (“Privacy Policy”), which is part of and incorporated into Terms of Use. By accessing, browsing or using the Site or the Services, you acknowledge that you are accepting and agree to be bound by Privacy Policy. You may not access or use the Site or the Services if you are not at least 16 years old (or, if higher, age of consent in your jurisdiction). If you do not agree with all the policies in Privacy Policy, please do not access or use the Site or the Services.

In Privacy Policy, we describe how we collect, share or otherwise use and protect your Personal Information by your access and use of the Site and the Services and any correspondence between you and us. Privacy Policy does not cover any other sites, services, practices, acts or omissions of any third party we do not own, control or otherwise manage.

b. Modification

Company reserves the right, in its sole discretion and at any time, to modify any policy or terms in Privacy Policy. Collection of Personal Information and Use and Sharing of Personal Information are subject to Privacy Policy in effect at the time such Personal Information is collected, used or shared. You are solely responsible to check the latest Privacy Policy regularly. Company may (but shall have no obligation to) post notice on the Site or send you an email to the last email address you provide to use (if any) regarding any modification. You are bound by any modification to Privacy Policy effectively immediately when you access or use the Site or the Services. If you do not want to receive any emails from us, please contact us at support@deepdrive.com.

2. Collection of Personal Information

a. Type of Personal Information

We collect the following Personal Information when you access or use the Site or the Services.

  • User: username, password, email address, user settings, connections with other Users or Artist Users, history of Contents purchase, history of downloads and tracks played on the Site or the Services of Artist Music, and any other information a User provides, shares or otherwise makes available on such User’s profile, including biography, picture or other likeness and location on or relating to such User’s Account
  • Artist User: in addition to User information above, any other information provided, shared or otherwise made available by an Artist User on the Site or the Services, including biography, picture and promotional materials and location
  • Payout for Artist User: Paypal account, Bitcoin address or any other financial information as necessary to complete a Purchase from an Artist User, and payout
  • Purchase information: date, time, location and payment amount of a Purchase by a User or a Guest on the Site or the Services. We may collect certain information relating to Purchases from third party payment processing service providers for the purposes of collecting taxes and complying with auditing requirements, applicable laws and regulations, including your country of residence.
  • Message contents: email correspondences between you and us, including notices and other materials sent by Company and your contact to us and the messages between Users, including Artist Users.

If you provide any Personal Information on behalf of or relating to another individual, you represent and warrant that you have the legal authority to provide such Personal Information and your provision of such Personal Information complies with applicable laws and Terms of Use, including obtaining the prior written consent from such individual if required by applicable laws or expressly in Terms of Use.

We also may voluntarily or automatically collect the following information that may be considered to be Personal Information.

  • Website activity: agent (type of web browser and operating system), logs, IP address, any other information associated with IP address and any metrics customarily available on any website
  • Google Analytics: We use Google Analytics services to collect and process certain analytical data on the Site or the Services. Google Analytics tracks and reports your interaction with the Site or the Services and stores information about IP address, web browser, operating system, visited pages and any other information about visitors of the Site or the Services, including the location and demographics of visitors. Please see Google’s Privacy and Terms for third party sites or apps, available at https://www.google.com/policies/privacy/partners/. You can at any time opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
  • Inspectlet: We use Inspectlet that uses cookies and other tracking technologies to collect and store data on the activities of visitors to the Site . We do not allow Inspectlet to record any Personal Information provided by you to any of our forms and such information will not be transmitted as part of this analysis. Access to and use of personal information by Inspectlet is governed by Inspectlet's Privacy Policy (https://www.inspectlet.com/legal#privacy) and Handling Sensitive Data: http://www.inspectlet.com/docs#handling_sensitive_data. If you wish to opt out of Inspectlet data collection, you can do so here: https://www.inspectlet.com/optout.
  • Facebook Pixel: We use Facebook Pixel on the Site to allow us to track User behavior after being redirected to the Site by clicking on a Facebook advertisement and each webpage of the Site contains a custom audience pixel. Facebook Pixel enables us to record information about User’s browsing history and to measure the effectiveness of Facebook advertisements. We are not able to collect, use or share any Personal Information. However, based on the email address you provide to us, Facebook may link your Personal Information to your Facebook account and also use it for its own promotional, advertisement and other purposes in accordance with Facebook’s Data Usage Policy (https://www.facebook.com/about/privacy). You can object to the collection of your Personal Information by Facebook Pixel, or to the use of your Personal Information for the purposes of displaying advertisements by contacting Facebook at (https://www.facebook.com/settings?tab=ads). There are various websites that help you opt out of remarketing pixels and technologies (e.g., http://optout.networkadvertising.org).
  • Note on Deepdrive cookies: We do not collect any Personal Information or combine the general information collected via cookies to identify any particular person (user, Guest User or Artist User). We may use third party analytics services, including Intercom, to collect data for analytics purposes when you access or use the Site or the Services. As a data processor acting on our behalf, Intercom analyzes your use of the Site or the Services and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom's use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms.
  • You may opt out of the collection of certain Personal Information collected automatically by us, as set forth above, in your browsing, accessing or using the Site or the Services. Most browsers have an option for being notified, opting out of or disabling certain types of cookies and similar technologies. You acknowledge and agree that you are solely responsible for such process and that certain features on the Site or the Services may not be available if you disable or opt out of cookies while accessing or using the Site or the Services.
b. Methods of Collection

We may receive your Personal Information in the following ways.

  • You provide or otherwise make available information about yourself.
  • You access or use the Site or the Services.
  • Third parties provide us with information about you.
  • We may use software tools such as JavaScript to collect certain information about the interaction between you and the Site, including your clicks, drags, hover-overs, response times and lengths of visits to certain pages of the Site or use of the Services.

3. Use and Sharing of Personal Information

a. Purposes of Use and Sharing

We never sell your Personal Information to any third party without your explicit consent. We may use your Personal Information for the following purposes.

  • We register a User’s Account or approve the profile of an Artist User and implement features that enable you to make certain Personal Information available on the Site or the Services and to interact with Users or Artist Users and share your Personal Information.
  • We provide information and communicate with you about ourselves, the Site, the Services and other offerings and marketing promotions and materials of Deepdrive or its affiliates or partners or respond to your questions or inquiries.
  • We enable and process Purchases by using third party service providers and provide the payment receipts of Purchases and generate reports for Artist Users.
  • We operate and maintain the Site and the Services, test or analyze the contents, functions or features of the Site or the Services, or provide new features.
  • We perform data analyses and aggregation, including anonymization of Personal Information.
  • We protect our rights, assets and property, employees, Guests, Users and Artist Users.
  • We comply with applicable laws and regulations or other industry standards or self-regulations and respond to requests from governmental authorities.
  • We comply with, enforce or exercise rights under Terms of Use or other agreements, including prevention of abuse or fraud.
  • We follow auditing requirements or conduct any tax related or accounting activities.
  • We abide by the service agreements with third party vendors or service providers.

We also may use the information in other ways for which we provide specific notice at the time of collection.

b. Timing of Use

We may use your Personal Information in the following occasions.

  • You consent to our use of your Personal Information.
  • Your Personal Information is necessary for us to enable you to access and use the Site and the Services or otherwise to provide products, services or inquiry responses requested by you.
  • Your Personal Information is necessary or required by applicable laws and regulations.
  • We may need to use your Personal Information to maintain and improve security, operation and performance of the Site or the Services or otherwise necessary.
c. Sharing of Personal Information

We share your Personal Information as follows. You hereby consent to our sharing of your Personal Information for the following purposes and in the following manner.

  • User profile: This includes each user’s username, email address, purchase history and other information you provide on the Site or the Services (“User Profile Information”). User Profile Information may be shared with or displayed to other users under limited circumstances. Any user’s email addresses will not be directly shared to any other user unless such user shares its email address publicly on the Site through user profile or otherwise. Any user who has an Account can change its setting not to display any User Profile Information other than its username. If User may choose to send a message to any Artist User on the Site or the Services, such user’s email address will be shared with such Artist User. If such Artist User responds to such user, such Artist User’s email address will be shared with such user. You may receive an email from, or be contacted in other methods by, us relating to your User Profile Information.
  • Affiliated Businesses: We may share your Personal Information in a transaction involving an affiliated company, entity or organization made available on the Site or the Services separately or jointly with us only relating to such transaction.
  • Independent Contractors: We hire individuals and retain third party companies to perform services on behalf, or in the name, of Deepdrive as independent contractors to whom we need to share certain information, including your Personal Information, with them to operate the Site and the Services and to perform our services. These independent contractors may perform various services, including sales, marketing and customer support, data analysis, including search results and links, credit card or other payment processing. These independent contractors do not have any right to use or share any Personal Information except as necessary to perform the service instructed by us.
  • Aggregate information: We may share with our affiliates, partners or independent contractors certain aggregate information regarding the collective use of the Site or the Services, which may include Personal Information. Such aggregate information shared by us will not enable to identify any person individually.
  • Change of Control: If Deepdrive is acquired by or merged with a third party, all of our assets are transferred to or shared with such third party. Similarly, if Deepdrive goes into a bankruptcy or insolvency proceeding, your Personal Information may be shared or transferred. You acknowledge and agree that the foregoing events may occur, and, in such events, that an acquirer or an entity Deepdrive merges with or bankruptcy receiver may continue to use and share your Personal Information as set forth hereby or otherwise.
  • Compliance with Laws: We may store or disclose certain information, including your Personal Information, to comply with the applicable laws of the jurisdictions in which any user, Guest User or Artist User accesses or uses the Site or the Services. Compliance with law includes law enforcement orders or requests, including court orders or subpoenas. We may share your Personal Information to enforce our rights under Terms of Use.
  • Protection of Others: We may share your Personal Information to exercise the legitimate rights of, and to protect the safety and security of, any innocent individuals, including other users, our employees or independent contractors. This may include sharing your Personal Information for fraud protection and credit risk purposes.
  • Deepdrive: We may share your Personal Information with our affiliates, employees and independent contractors, only to the extent necessary or appropriate for us to operate the Site and the Services for the purposes mentioned above or to provide better services.
  • Voluntary and Consented Sharing: Notwithstanding the above, you may voluntarily share your Personal Information by explicitly consenting to such sharing. If your Personal Information may be shared with any person otherwise not permissible by any of the foregoing, you will be notified and will be able to choose not to share such Personal Information.

In addition to the above, we may need to transfer your Personal Information to recipients in other jurisdictions than the one where your Personal Information was collected. Each jurisdiction has its own laws and regulations regarding protection of Personal Information and privacy in general and your Personal Information may not enjoy the same level of protection from the original jurisdiction once transferred.

4. Retention of Personal Information

We keep your Personal Information to the extent necessary or required for any purpose of collection mentioned above, including compliance with applicable laws and regulations.

Upon your request when you no longer access or use the Site or the Services, as required by applicable laws or regulations, or when your Personal Information is no longer necessary or required for any purpose of collection mentioned above, we destroy or completely de-identify or anonymize your Personal Information.

5. Our Protection Policies

We make every effort to protect your Personal Information, including high level technical security measures, against any unauthorized, illegal or inadvertent loss, damages, destruction or theft, so that we can collect and use your Personal Information only as necessary or required for the purposes mentioned.

You acknowledge that we cannot guarantee perfect security against unauthorized, illegal or inadvertent access or use and that there may be events of failures of server, hardware, software or applications as a result of which your Personal Information may suffer loss or theft.

6. Your Rights to Personal Information

You have the following rights with certain limitations with respect to your Personal Information provided to us.

  • As expressly set forth in Privacy Policy, you have certain rights to select your Personal Information to be collected, used or shared by us or to be shared with other users on the Site or the Services. For example, (a) you may choose to hide certain User Profile Information so that such User Profile Information will not be publicly displayed or shared with other users; and (b) you can add, modify, update or delete at any time your username and password, your User Profile Information or any other information you previously shared on the Site or the Services
  • When we request that you provide certain Personal Information, we notify you of the purpose and nature of such request and the potential consequences of not providing such Personal Information. Such purpose may include the orders from governmental authorities, the improvement of our services, the provision of marketing materials or the requirements under certain contracts.
  • Unless required by applicable laws or expressly set forth in Terms of Use, you have the right not to consent to any collection, sharing or use of your Personal Information. Subject to applicable laws, you may withdraw your consent at any time you previously agreed and we will process your withdrawal as soon as reasonably practicable; provided, however, you acknowledge and agree that any collection, sharing or use during the time in which you consented is legal and legitimate. Subject to applicable laws, you may also have the right to object to or complain about legitimate grounds of collection, sharing or use of your Personal Information. You acknowledge and agree that certain features on the Site or the Services may not be available if you do not provide certain Personal Information.
  • You may unsubscribe marketing, notices or any other communications received by us via an email by either clicking the “unsubscribe” link in such email or emailing us at support@deepdrive.com. You acknowledge and agree that your (un)subscription does not affect the legal nature of certain notices or other communication in any manner and you are solely responsible for checking the latest Terms of Use, including Privacy Policy available on the Site.
  • You have all the rights available to you under applicable laws in your jurisdiction. For example, the laws of certain jurisdictions (which may not be applicable to you) allow you to (a) obtain confirmation that we collect, share and use your Personal Information, (b) receive electronic or printed copies of your Personal Information, (c) object to or limit the collection, sharing or use of your Personal Information, (d) have your Personal Information anonymized or permanently deleted or destroyed, (e) request access and receive information about your Personal Information and (f) lodge a formal complaint with supervising authorities regulating data protection and privacy.

7. Disclaimer

We are neither responsible nor aware of any privacy policies of any Third Party Links or other third party websites that are linked to the Site or the Services. You are responsible for reading, understanding and agreeing to any third party site or services.

You are responsible for setting, maintaining and updating secure password, signing out of your Account after you finish accessing or using the Site or the Services and taking precautionary measures to protect and not disclose your Personal Information on the Site or the Services.

Contact

We would love to hear your questions, concerns, complaints or requests regarding Privacy Policy of any nature whatsoever. You are entitled to exercise any of your rights granted under Privacy Policy or any applicable law. To respond to you as efficiently and quickly as possible, please include reasonable details of your questions, concerns, complaints or requests at support@deepdrive.com.