Last Updated: January 23, 2023
BY USING THIS SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO OUR COLLECTION, USE, SHARING, AND PROTECTION OF YOUR PERSONAL INFORMATION AS SUMMARIZED BELOW AND AS FULLY DESCRIBED IN OUR USER PRIVACY NOTICE.
We may amend this privacy notice at any time by posting the amended version on this site including the effective date of the amended version.
2) Information We Collect & How We Process Data.
We are a data Processor and Collector. We process data received from our services and take proportionate precaution in storing such information for short periods on our secure servers until permanently destroyed. Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States.
Our Service collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Platform has collected the following categories of personal information from its consumers within the last twelve (12) months:
a) Category A: Identifiers
Examples: A real name Information, Internet Protocol address, email address, or other similar identifiers, device information.
b) Category B: Personal information categories.
- Examples: A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Collected: YES
c) Category C: Protected classification characteristics under applicable laws.
- Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Collected: NO
- Directly from you. For example, from forms you complete on our Platform.
- Indirectly from you. For example, from observing your actions on our Platform or interactions with our advertisers.
3) Categories of Personal Information We Collect.
a) Personally Identifiable Information is information that identifies a specific person. When you engage in certain activities via the Company Service, including but not limited to creating an account, sending feedback, or otherwise participating in the Company Service (collectively, “Identification Activities”), we will ask you to provide certain information about yourself. We also collect the following:
- Identity Data
- Contact Data
- Technical Data
- Usage Data
- Transaction Data
- Financial Data
- Assessment Data
- Profile Data
- Marketing and Communications Data
b) If you elect to engage in an Identification Activity we will ask you to provide us with certain personal information about yourself, such as your name, address (including zip code), email address, credit card information, telephone number and/or any other information you provide to us, to process your transaction, send communications about them to you, and populate forms for future transactions.
c) When you enroll in the Company Service, we will also ask you to provide us with additional information, such as credit card information. Depending on the Identification Activity, some of the information we ask you to provide will be identified as mandatory and some identified as voluntary. If you do not provide mandatory information for an Identification Activity, you will not be permitted to engage in that Identification Activity with the Company Service. Depending on the Identification Activity, Company might not re-ask you for Personally Identifiable Information if such are already stored with us.
4) Non-Personally Identifiable Information.
Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Company Service or otherwise participating in the Company Service, the URL of the Website you visit after leaving the Company Service, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information.
b) We use Non-Personally Identifiable Information to troubleshoot, administer the Company Service, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We will also share this information with our authorized Third-Party Service Providers to measure the overall effectiveness of our products and services.
5) Personal information collected from Third Parties.
We supplement the personal information we collect directly with information collected from third parties and add it to your account information. For example, we collect and use demographic and other information that is publicly available in an applicable jurisdiction, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws
a) We allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we can share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw authorization or connection to the social media site.
b) You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to the personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we can collect, use and retain the information provided by these social media sites in accordance with this privacy notice. We may also use plug-ins or other technologies from various social media sites. If you click on a link provided via a social media plug in, you are voluntarily establishing a connection with that respective social media site.
c) If you give us personal information about someone else, you must do so only with that person’s authorization. You agree to inform them how we collect, use, disclose, and retain their personal information according to our privacy notice.
We may request that you provide certain personal information, such as your name, email address and mailing address, and certain other information about you as needed to participate. We will also collect information about your activity and participation in the Sweepstakes. If the Sweepstakes requires you to create a profile, we will collect any information you choose to include in such a profile. We may automatically obtain information about when and how you access and use the Sweepstakes website (“Usage Information”), such as information about your device hardware and software, search terms or links that led you to the website, all the areas of the website that you use, and your IP address or other device identifier (“Device Identifier”). We may use a variety of technologies to collect Usage Information, including cookies, embedded scripts, and web beacons (which may also be included in emails we send to you). We may also collect information in connection with your use of third-party social media platforms, and may include features that allow you to share your performance during or participation in the Sweepstakes. In addition, third parties or service providers may provide us with non-personally identifiable information about the demographics or interests of the types of visitors we receive on our Sweepstakes site.
a) How We Sweepstakes Information.
We use the information you provide, however collected, to administer the Sweepstakes, to communicate with you about the Sweepstakes, including winner selection and prize fulfillment, provide you with information, products or services, notify you of other Sweepstakes we think you may be interested in or promote the Sweepstakes, help us verify your identity and that you are eligible to participate in the Sweepstakes, and otherwise prevent fraud and to comply with applicable laws, regulations, and rules as required by law. Usage Information may be collected or used by certain service providers who we may use to help run and maintain the Sweepstakes site and analyze Usage Information. We may keep your Sweepstakes-related information after completion of the Sweepstakes for business management and record keeping purposes and as part of our legal obligations.
7) Information Collected From All Users.
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and any other information that you choose to provide and/or that enables Users to be personally identified.
b) When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
8) User Profiles.
User may create a profile, with certain or all information publicly available. Clients and Agencies may also create organization profiles. You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Service and outside the Service, skills, tests taken, test scores, hourly pay rates and earnings information, feedback information and other information, including your username (“Profile”).
a) You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. Clients and Agencies of associated individual users or companies may also have the opportunity to create an organization Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us.
Binaural Records online store is hosted on Shopify Inc. This platform provides us with the online shopping platform that enables us to market and sell our products and services to you. In turn, any personal data we’ve acquired from you on this website is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
11) How We Use Your Personal Data.
- If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
- We use your personal information to provide and improve our Services, provide you with a personalized experience on our sites, contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
- We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing.
12) Access and Use.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.
13) Internal Business Purposes.
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms and Conditions, to manage your account and provide you with customer service, and to generally manage the Services and our business.
14) Use of Interest-Based Data.
We sometimes make inferences about the type of services you may be interested in. We may use these inferences to help target advertising or customize recommendations to you, including on behalf of Servicers. We may do this on an aggregated or generalized basis.
15) Other Purposes.
16) Aggregated Personal Data.
17) Staying Signed in.
When you sign in to your account on our Services, we give you the option to stay signed in to your account for certain amount of time. If you are using a public or shared cellular device, we encourage you not to choose to stay signed in. You or any other user of the cellular device/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorization. If you are using a public or shared cellular device, you should sign out and/or clear your cookies when you are done using our Services to protect your account and your personal information.
18) How We Disclose and Transfer Your Personal Data.
19) Service Providers.
We may share your Personal Data with contractors and service providers who process Personal Data on Binaural Records, LLC. to perform certain business-related functions. We are not responsible for the actions of these Servicers, or their Third-Party Servicers (or other downstream recipients of your Personal Data), with respect to your Personal Data. It is important that you review the applicable policies of the Servicers, and if applicable and available, their appointed Third-Party Servicers, before providing Personal Data or other information in connection with that service.
a) Similarly, if you are a member of a Servicer's organization within Binaural Records, LLC., your Personal Data will be available to the Servicer and shared with those Third-Party Servicers granted permission by the Servicer to view all members of the Servicer's organization.
20) Google, Social Media and Other Third Party Connections.
21) Legal Requirements.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
a) Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. If you provide us with your credit card information, the data is fully encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
22) Your Rights & Data Retention.
We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it's been inactive.
- Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
- Registered Binaural Records, LLC. Users may update their choices regarding the types of communications you receive from us through your online account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Binaural Records, LLC. Users who access the Service by using an Binaural Records, LLC. service may, with permission, receive push notifications. Similarly, registered Binaural Records, LLC. Users who access the Service by using certain desktop browsers may, with permission, receive push notifications.
- All Users may request access to or correction of any Personal Information we have about them or close their account and/or request deletion of all Personal Information we have about them. In certain jurisdictions, Users may have certain rights with regard to their Personal Information. We will honor User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.
- Upon request Binaural Records, LLC. will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting Binaural Records, LLC. through your online account.
- If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days or as otherwise required by law. If your information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like to close your account in our system, you can do so through the Binaural Records, LLC. Service (once you have logged in, visit settings / user settings, and then click on the close my account link).
- We will use commercially reasonable efforts to honor your requests for deletion; however, certain information will actively persist on the Service even if you close your account, including information in your Work Diaries and messages you posted to the Service. In addition, the rights described above may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information we are required by law to keep or have compelling legitimate interests in keeping (such as for fraud prevention purposes).
- Your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Binaural Records, LLC. can delete all copies of information that has been previously shared with others on the Service.
23) Limit the Personal Data You Provide.
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services.
24) Personal Data Provided to Others.
25) Third Party Links.
26) Third Party Privacy Practices.
This privacy notice addresses only our use and handling of personal information we collect from you in connection with providing you our Services. If you disclose your information to a third party, or visit a third-party website via a link from our Services, their privacy notices and practices will apply to any personal information you provide to them or they collect from you. We cannot guarantee the privacy or security of your personal information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your personal information. This is true even where the third parties to whom you disclose personal information are bidders, buyers or sellers on our site.
27) COPPA - Children's Online Privacy Protection Act.
28) Google Analytics.
29) International Privacy Laws.
31) Dispute Resolution.
If you have a complaint about Binaural Records, LLC.'s privacy practices you should contact us. We will take reasonable steps to work with you to attempt to resolve your complaint in accordance with the “Terms” incorporated with these policies.
32) General Data Protection Regulation (GDPR).
The GDPR requires Binaural Records, LLC. and Servicers using the Service to provide Users with more information about the processing of their Personal Data. The GDPR requires us to tell you about the legal ground we're relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out above will typically be because:
- You provided your consent; it is necessary for our contractual relationship;
- The processing is necessary for us to comply with our legal or regulatory obligations;
- And/or the processing is in our legitimate interest as a service platform.
33) Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
a) We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
34) Rights for California residents.
If you are a California resident, the California Consumer Privacy Act (CCPA) may provide you with additional rights regarding the use of your personal information. These rights include:
- The right to access the personal information we process about you
- The right to know what personal information is collected about you and if any information is sold or disclosed, and to whom
- The right to request the deletion of your personal information
- The right to opt-out from the sale of your personal information
- The right to not be discriminated against for exercising any of the rights above
- You can exercise any applicable rights by emailing [Email] or sending a letter to the address below. You may be required to submit proof of your identity and/or address, if we are unable to confirm your identity or cannot verify that you are a California resident. We will try to respond to a verifiable consumer request within 45 days of its receipt.
35) Transfers of Personal Data.
As Binaural Records, LLC. is a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
36) Change of Ownership.
If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes.
37) Contact Us.
If you have a question or a complaint about this privacy notice, our global privacy standards, or our information handling practices, you can reach us at:
Binaural Records, LLC.
150 E. Ponce de Leon Ave #200
Decatur, GA, 30030