Effective as of Thursday, June 18th, 2020.
Welcome to Starling, a service provided by Starling Records, LLC (dba Starling) (“Starling,” “we,” “us,” or “our”).
Starling provides a digital music distribution service which distributes music through online stores and streaming services on behalf of its customers and collects and distributes the related earnings.
When you use our Service or otherwise interact with us, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:Account Data
If you wish to register for the Service, you will need to provide us with certain Personal Data, such as your name, email address, password, postal address, phone number, as well as any biography/profile information (including profile photos) you would like associated with your music at online stores and streaming services.Creator Data
We will collect information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator, the music you upload, and information relating to how often your music is played in online stores and streaming services).Communication Data
If you contact customer service or otherwise communicate with us by email or otherwise, we may collect Personal Data related to those communications, including the contents of the communications and the data and time they occurred.Payment Data
One aspect of the Service allows musicians and content creators registered to the Service to communicate with and better understand their fans. Accordingly, if you are a fan of one of our musician and content creator customers, we may collect your email address from online stores and streaming services if you follow or otherwise interact with our musician and content creator customers, so they can keep you posted on their news, events and other updates.Social Media Data
We have pages on social media sites like Instagram, Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your profile and contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.Online Activity Data
When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site, peak hours of visits, which page(s) are visited on our Site, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:
Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol (“IP”) address (which we collect for security reasons), browser type and settings, the date and time of your request, and how you interacted with the Site.
Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
Usage information: Information about how you use our Site, including statistical usage data derived from the operation of our Site, filtering choices and information regarding the performance results for the Site.
We use Personal Data to provide the Service, including uploading your music to online stores and streaming services, sending accounting statements to you, and paying you the royalties you are owed. This processing is necessary to perform our contract with you.
We also use Personal Data as necessary for the following legitimate business interests:
To respond to your inquiries, comments, feedback or questions;
To manage our relationship with you as a customer or user of our Service, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
To allow our musician and content creator customers to communicate with and better understand their fans, by permitting our customers to receive email addresses of their followers or fans, so they can keep fans updated with news, events and other updates;
To administer and protect our business and the Site, prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and
To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and recover debts due to us.
For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.
Marketing. We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example if you are in the EU, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.3. HOW WE SHARE AND DISCLOSE PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
Vendors: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud or other information technology services; marketing service providers; payment processors; customer support providers; and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
Online Stores and Streaming Services: We distribute the music and any related information like titles, descriptions, and album art that you upload to the Service to the online stores and streaming services of your choice.
Fans: If you follow one of our musician or content creator customers through an online store or streaming service, we may provide your email address to the musician or content creator that you follow.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, or other lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.
With Your Consent: We may share your Personal Data where we obtain your consent to do so, such as to connect you with a record label.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.5. UPDATE YOUR INFORMATION
If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us at firstname.lastname@example.org. We will address your request as required by applicable law.6. NOTICE TO CALIFORNIA RESIDENTS
Personal Data Collection, Use, and Disclosure: The following disclosures are intended to provide additional information about (1) the categories of Personal Data we collect, (2) the sources of Personal Data we collect, (3) how we use each category of Personal Data, and (4) how we disclose Personal Data. Nothing in this Notice limits our ability to use or disclose Personal Data as described above.
We do not and will not sell your Personal Data.
Privacy Rights: To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Data we collect:
The right to know what Personal Data we have collected and how we have used and disclosed that Personal Data;
The right to request deletion of your Personal Data;
The right to opt out: we may sell your Online Activity Data to third parties. You can opt out by clicking here.
The right to request the categories of Personal Data we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties;
The right to be free from discrimination relating to the exercise of any of your privacy rights.
Exercising Your Rights: California residents can exercise the above privacy rights by emailing us at email@example.com
Verification: in order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not provide or delete your Personal Data.
Authorized Agents: you may submit a request to know or a request to delete your Personal Data through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.7. CHILDREN
Our Service is not directed to children who are under the age of 13. Starling does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to Starling through the Service please contact us and we will endeavor to delete that information from our databases.8. EU USERS
Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland).
Your Rights. Pursuant to the EU General Data Protection Regulation (or GDPR), you have the following rights in relation to your Personal Data, under certain circumstances:
Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee
Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims;
If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);
Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns (generally, the data protection authority of the country in which you are located).
Please see the “Contact Us” section below for information on how to exercise your rights.9. INTERNATIONAL TRANSFER
Where we transfer your Personal Data out of the EU we will take steps to ensure that your Personal Data receives an adequate level of security protection where it is processed and your rights continue to be protected. Some of our service providers (such as Google LLC and Tipalti, Inc.) are certified to the Privacy Shield framework for data transfers (for more information visit https://www.privacyshield.gov/welcome). For more information, please contact us as described below.
You use the Service at your own risk. We comply with industry standards to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Starling via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.13. YOUR CHOICES
If you are an individual in the EU, you can also contact EDPO, who has been appointed as Starling's representative in the EU pursuant to Article 27 of the GDPR on matters related to the processing of Personal data activities that take place in the EU. To make such an inquiry, please contact EDPO at https://edpo.brussels/.