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Privacy Policy

Privacy Policy

Effective from 1st May 2021

Here at Dark Escapes Music (DEM), we are committed to providing an excellent user experience and to protecting and respecting your privacy whilst we do so. Your use of our website www.darkescapesmusic.com will be subject to this Privacy Policy, so please read this Privacy Policy carefully.

This Privacy Policy (and the other documents referred to in it) describes how DEM and its subsidiaries (collectively “DEM“, “we“, “us” or “our“) collect, use, process and disclose your information, including personal information, in conjunction with your access and use of the DEM Store as the data controller (the “Data Controller”).

Please read the following carefully to understand our view and practices regarding your personal data and how we will treat it. By visiting our website located at www.darkescapesmusic.com (or sub domain) and/or using or accessing our services available on our website, (together the “DEM Store“) and/or through a third party website, portal, app or service powered by DEM for a third party (a “Partner Store“), or agreeing to a contract with DEM to purchase products, digital content and services, you are accepting and consenting to the practices described in this Privacy Policy.

As used in this Privacy Policy, “Personal Data” means any information that identifies or can be used to identify a living individual either alone or in combination with other data.

IMPORTANT: If you are accessing the services via a Partner Store, you are also accepting the practices described in the Partner Store’s privacy policy, which you should also review carefully. Any information that you enter on the Partner Store or on the DEM pages, fields or resources that are integrated with the Partner Store may, where you have agreed, be shared with the owner of the Partner Store for marketing purposes as described in this Privacy Policy. We are not responsible for the privacy practices of the Partner Store.

What information do we collect about you?

Information You Give to Us that is necessary for your use of the DEM Store. We collect from you the following personal information when you use the DEM Store which is necessary for the performance of the contract between you and DEM to allow us to comply with our legal obligations; without this information we will not be able to provide you with our services. The information we ask for and collect from you is as follows:-

If you register for an account with DEM you will be asked to provide basic information such as your email address.

Other Information you may choose to give us in order to obtain a better experience with DEM. Any additional personal information will be processed based on your consent only. The circumstance in which you may want to provide us with this information is:-

If you enter a competition, you may be required to provide information such as your name, email address and/or address.

If you signed up to our newsletters then we collect information such as your first name, last name and email address to keep in contact with you as well as any other information you choose to provide.

Information to make payment will be directly inputted by you to our third party payment service Stripe (the “Payment Controller“). More information about the Payment Controller and its privacy policy can be found by clicking on the following links: https://stripe.com/privacy. The Payment Controller requires the information from you as described below, as it is necessary to comply with applicable law (such as fraud checks and territory restrictions from our third party rights holders). If you do not provide this information you will not be able to make your purchase:

Payment Information that the Payment Controller requires when you make a purchase from the DEM Store is financial information like your bank account or credit card information to process payments and comply with applicable law. The Payment Controller may also require other authentication information such as your date of birth, your address, email address, phone number and other information in order to verify your identity to provide their payment services to you, and to comply with applicable law.

Information may be automatically collected from your use of the DEM store as is necessary for the performance of the contract between you and DEM and third party providers, (such as the record labels), of the music that you listen to. We may also have to comply with legal obligations but, most importantly it allows us to provide you with a good online experience. We (or a third party service provider acting on our behalf) may be using web beaconing technology to facilitate information tracking, and/or utilise ‘local storage’ to store your user preferences. For more details please see ‘Other Important Information’. The type of information we automatically collect and why it is required is as follows:

Geo-location Information about your precise or approximate location as determined through data such as your IP address or device location is collected before you proceed to make payment through the DEM Store with the Payment Controller. We require this information as not all music products are available in every territory as determined by the third party rights holders who rely upon us to ensure their music is not made available where they have not permitted its exploitation.

Usage Information is collected about you from your web browser or from interactions with our products and services, the DEM Store (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages of information, page interaction information and methods used to browse away from a page.

Log Data and Device Information is gathered such as date, time, connection speed, IP address, device location, browser type and version, operating system and platform. That information includes, among other things: details about how you’ve used the DEM Store (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the DEM Store.

Cookies and Similar Technologies are used by DEM such as web beacons, pixels, and mobile identifiers to facilitate information tracking and/or utilise ‘local storage’ to store your user preferences. We may also engage others to track your behaviour on our behalf. For more detailed information on the cookies and other online tracking tools we use and the purposes for which we use them see our Cookie Policy.

Payment Information given over to the Payment Controller is also in part collected through the DEM Store, including the payment method used, date and time, payment amount, Stripe username as relevant to your payment method to establish your country of origin and other related transaction details. This information is necessary for us to comply with our legal obligations to third party rights holders of the music supplied and to facilitate fraud checks and to allow the provision of the Music Services.

Information from third parties may be provided to DEM if you use any of the other websites we operate or the other services we support including Partner Stores that we power by way of music supply and operation. We are also working closely with other third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, analytics providers, credit reference agencies) and may receive information about you, including but not limited to demographic information, from them. We do not control, supervise or respond to how the third parties providing your information process your personal data and any information requests should be directed to such third parties.

If you require further information about the third parties used by DEM please see section 3 below.

How do we use your information?

We use, store, and process your information and information that we receive from other sources to monitor and improve the performance of the DEM Store and to comply with our legal obligations. The information we collect from you is generally stored and analysed on an aggregated basis.

To provide, improve, and develop the DEM Service certain information on search criteria and results, listening and purchase history may be used to provide aggregated trend analysis for DEM’s own use. We will principally use your information to provide you with the information, products and services that you request from us and to perform our services as follows:

  • To operate, protect, improve, and optimise the DEM Store experience, such as by performing analytics and conducting research as to our and our Partner Stores performance.
  • Provide our customer services.
  • Send you service or support messages, updates, security alerts, and account notifications that will affect your ongoing use of the service we will communicate with you via your email address.
  • We may use your email address to send you service announcements, and to ensure that content from our website or apps is presented in the most effective manner for your use.
  • To personalize and customize your experience such as music recommendations.

We process this information given our legitimate interest in improving the DEM Store and where necessary for the adequate performance of the contract with you.

In order to create and maintain a trusted and safer environment for security reasons some information may also be logged and kept for our internal security audit log, which may be linked to your IP address. Third party music rights holders also require us to tailor our product offering depending on where you are based. Your information will be used to:

  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments by way of instigating a fraud score.
  • Comply with our legal obligations.
  • Resolve any disputes with any of our music rights holders and enforce our agreements with third parties.
  • Enforce our Terms of Service and other policies.

We process this information given our legitimate interest in protecting the DEM Store, to measure the adequate performance of our contract with you, and to comply with applicable laws.

Provide a personalised service we may use information that we have collected about you to:

Tailor our music intelligence services, to make suggestions and recommendations to you and other users of our website or apps about goods or services we offer that may interest you or them.

If you have signed up to receive newsletters we will send information about music releases we feel may interest you.

If you enter a competition, information you provide may be used to contact you about competition results, and where you have consented, further marketing purposes as notified at the time of data collection. We may also notify you that your personal information will be shared with specified third parties or Partner Stores.

We will process your personal information for the purposes listed in this section either with your explicit consent or otherwise given our legitimate interest in suggesting products that may be of interest to you. You can opt-out of receiving newsletter communications from us by following the unsubscribe instructions included in our email communications from DEM Store or by clicking the link provided at section 6 of this Privacy Policy.

How the Payment Controller uses your Information is principally dealt with by them to facilitate the purchase of your music via the DEM Store and is processed by the Payment Controller to:

  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Conduct checks against databases and other information sources.
  • Comply with their legal obligations (such as anti-money laundering regulations).
  • Enforce the payment terms and other payment policies.

For further information about the Payment Controller and how they use your information please back to section 1 of this Privacy Policy.

Who do we share your information with?

With Your Consent your information may be shared for a competition entry, where we are running a competition in conjunction with a third party or a Partner Store we will notify you at the point of collection that we will share your information with such third party, and you will be able to choose whether or not to proceed. For more information about how to change your preferences and to unsubscribe from communications, please see section 6 of this policy.

Compliance with Laws, Responding to Legal Requests, Preventing Harm and Protection of our Rights may require DEM to disclose your personal information to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so to:

  • Comply with our legal obligations and legal processes.
  • Respond to claims asserted against us.
  • Respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other infringing activity.
  • Enforce our terms of service and other agreements.

Third Parties and Partner Stores that we contract with to provide our services to you may require us to share your information (and associated identifiable website and/or app usage data) and such third parties may be located inside or outside of Australia. Third parties include our Partner Stores (who will also act as Data Controller with DEM and use of their service will be subject to their own terms of service and privacy policy), suppliers and third party sub contractors who perform services for us (including data storage, security and technical testing and analysis, sales, marketing, fraud investigations and payment collection) based on our instructions. These third parties have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

Current third parties engaged by DEM are ‘Google Analytics Solutions’ https://www.google.com/analytics.

Our Payment Controller who collects your data for the purpose of processing your payment when purchasing content from the DEM Store shall require you to comply or be aware of their own use of your information to provide their services.

Business transfers if DEM undertakes or is involved in any merger, acquisition, reorganisation, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g. due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

Anonymised and Aggregated Data will be used by DEM if we share your website usage, purchase history, or demographic data with:

  • Music intelligence partners for the compilation of sales charts, and the analysis of data such as search criteria, results, downloads and purchases (for example, to provide search and recommendation services for music you might like).
  • Reporting to music rights holders.
  • Affiliates of the DEM family of companies for the purposes described in this Privacy Policy, such as to: (i) provide services and joint content (e.g. registration, sales, provision and hosting of content, and customer support); (ii) help detect and prevent potentially illegal acts and violations of our policies; and (iii) guide our decisions about our products, services and communications.

When we share your personal data with any third party, they must contractually agree to comply with privacy and security standards at least as stringent as DEM’s when handling similar data. When you provide data directly to the third party, the processing is based on their standards (which might not be the same as DEM’s) and your own independent relationship with that provider.

Other important information

You have the right to choose whether your personal data is processed for marketing or promotional purposes by us and/or any third parties. At present DEM does not use your personal data for marketing and we would inform you if we did intend to use your personal data ourselves or transfer it to a third party for marketing purposes so as to give you the opportunity to exercise your right to prevent such processing . Regardless of our non-marketing approach we may still send you non-promotional emails such as emails about your account or our ongoing relations.

You may access, update and correct your account information and account preferences at any time by logging onto your account and updating your information and preferences. If you would like us to deactivate your account, please just let us know but note that we may retain certain information as required by law or for legitimate business purposes, please see section 6 ‘Your Rights’. If you wish us to permanently delete your account and personal information, please just let us know.

DEM Partner Stores

Our website may contain links to and from third party websites of a Partner Store and their networks, advertisers or affiliates. We don’t control these Partner Stores and if you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check the partner Store policies before you submit any personal data to these websites.

Your Rights

You may exercise any of the rights described in this section by sending an email to support@darkescapesmusic.com. Please note to comply with our own security measures we may ask you to verify your identity before taking further action on your request, and we may require further information from you. On making any request we shall endeavour to respond without delay but, in any case within our statutory timeframe of one month from receipt of your request.

Managing Your Information: You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date.

Rectification of Inaccurate or Incomplete Information: If for any reason you are unable to update information yourself you have the right to ask us to correct inaccurate or incomplete personal information that concerns you that we have retained or not made anonymous.

Data Access and Portability: If applicable, you may request copies of personal information that you have provided to us and we will give you a copy in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider where technically feasible.

Data Retention and Erasure: We generally retain your personal information for as long as is necessary for the performance of our services and to comply with our legal obligations such as reporting to music rights holders. If you no longer want us to use your information to provide the services you can request that we erase your personal information (and thereafter close your DEM account) by contacting us at support@darkescapesmusic.com. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention, and enhancing safety. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations. Where possible we shall make your data anonymous.

To protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time after erasure of your personal data.

Please note closing your DEM account does not automatically erase your personal information unless you ask us to delete it as above. On closing your account DEM shall keep your information for 12 months from closure in the event you want to return to the DEM Store. If after this period, you have not returned to us we shall automatically erase your personal data, subject to the retention requirements above.

Withdrawing Consent and Restriction of Processing: Where you have provided your consent to any of the processing of your personal information by DEM you may withdraw your consent at any time by either contacting us at support@darkesacapesmusic.com, specifying which consent you are withdrawing, by opting out where indicated on any email bulletins you receive or if you wish to unsubscribe to our newsletters by clicking here. Please note that the withdrawal of your consent does not mean that the processing activities carried out before your withdrawal will be unlawful. Also, depending on the applicable law you may have the right to limit the ways in which we use your personal information such as if (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the deletion of your personal information to demonstrate this; (iii) we no longer need your personal information for the purposes of providing you with the services, but you require the information for a legal claim; or (iv) you have objected to the processing as per the below.

Objection to Processing: In some circumstances you may be entitled to require DEM and also any Payment Controller not to process your personal information for certain specific purposes where such processing is based on a legitimate interest. If you object to such processing DEM will no longer process your personal information for these purposes unless we can demonstrate a compelling legitimate reason to do so, such as we need to take your home address to establish your geo-location or such processing is required pursuant to any legal claims. It is important to note that if despite our legitimate reason to process your personal information, you still object to the processing or require it to be restricted we may not be able to continue to provide you with the DEM services.

Complaints: You have the right to lodge complaints about the data processing activities carried out by DEM before the supervisory authority relevant to your jurisdiction.

Operating Globally

The personal information we collect from you is principally stored within Australia but to facilitate our global stores, the Partner Stores and any other third party identified in this Privacy Policy we may transfer, store, and process your information outside of Australia. It may also be processed by staff operating outside of Australia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By providing your personal data you agree to this transfer, storing or processing. Laws in the countries outside Australia may differ from the laws applicable to your country of residence from which you access the DEM Store. Where we transfer, store, and process your personal information outside of Australia we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

Your Account Details & Security

DEM has implemented and continues to implement and update technical and physical security features and measures, as well as strict internal administrative guidelines to safeguard the privacy of your personal data from unauthorised access, loss, destruction, or improper use. Some of the safeguards we employ are data encryption, and information access controls. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

You are responsible for maintaining the confidentiality of your password. You may have a payment method stored with the Payment Controller or, and if your password is used by a third party (whether or not authorised) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your account details where you have not kept your password secure. DEM advises you to change your password frequently and to always keep it secure.

If you know or suspect unauthorised use of your DEM account or any other breach of security please contact us at the Contact Us section below. In no event will DEM be liable for any indirect or consequential loss or damage resulting from the disclosure of your user information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on this page and update the “Last Updated” date at the top of this Privacy Policy. We may also notify you of any update by email. Where required we may seek your appropriate consent prior to implementing any new changes to this Privacy Policy or any other amendment to our terms of service. If you disagree with the revised Privacy Policy, you may cancel your account with us. If you do not cancel your account your continued access to or use of the DEM Store will be subject to the revised Privacy Policy.

 

Contact Us

If you have any questions about this Privacy Policy contact us at support@darkescapesmusic.com.

This Privacy Policy is entered into by you, with Dark Escapes Music Pty Ltd, at registered office: 393 Benowa Road, Benowa, QLD 4217, Australia (ABN: 83 643 932 772).

 

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Dark Escapes Music is an Australian owned company providing artists around the world with the opportunity to distribute and monetise their music globally.

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