1. Introduction

Who we are and what we do

This Privacy Policy applies to CURATOR CLUB, LLC, an Arizona limited liability company located at 24 W. Camelback Rd., #467, Phoenix, AZ, 85013, USA (collectively, “CuratorClub”, “we”, “us”, or “our”). We provide an online platform for distributors and reviewers to review music submitted by musical artists and record labels, and to provide feedback on the music, and for providing billing tool and payment methods, and related services through our owned-and-operated websites, including Curatorclub.com, our branded applications for mobile and connected devices, and our embeddable media players (collectively, the “services”).

Acceptance and Changes

By registering for, downloading, or using our services, you accept this Privacy Policy, which is part of our Terms of Service. We may modify this Privacy Policy from time to time. We will post any modified version of our Privacy Policy at curatorclub.com/privacy. If we change the Privacy Policy in a way that materially lessens our commitments to you, we will provide notice to registered users by email or other methods.

2. Children's Privacy

We refrain from knowingly gathering personal information from individuals below the specified minimum age outlined in our guidelines. To use our services, you must be at least 18 years old or meet the age of majority in your jurisdiction, whichever is greater. Individuals below the applicable age may utilize our services solely through the account of a parent or legal guardian, with their active involvement. If you are a parent or legal guardian and suspect that your child has furnished personal information to CuratorClub without your consent, kindly reach out to us at support@curatorclub.com to request the deletion of such information.

3. Data We Collect About You

When you engage with our services, we collect information about you, and third parties may also do so. This information may include personal details that can identify you, as well as non-personal data referred to as "your data."

Account Information

To establish an account, you must provide a valid email address and password. Opting for third-party account registration (e.g., Facebook, Google) grants us permission to retrieve account details from the third-party platform.

Financial Information

When making a purchase, you may be required to furnish a valid payment method (e.g., credit card or PayPal account). Authorized payment vendors process your payment information, as we do not directly collect or store credit or debit card numbers. In cases of third-party platform purchases, charges will be made to the payment method stored with that platform. If you opt for bank transfer, relevant bank account details must be provided.

For those selling items or earning income through advertising on our services, an account is necessary to receive funds and provide tax information, including your name, address, and taxpayer identification number.

Content You Submit

You can upload various content types, such as music, text, photographs, and artwork. Your account profile may display information about your activities, which may be accessible to others. Music and associated metadata may also be viewed by others. You have the option to restrict the availability of your profile and music, as detailed in Section 9. Interactions during events like live streams, as well as interactions with other users (e.g., comments, "likes," poll responses), may be visible to others.

Capture Forms

Submission of information through a capture form established by a media owner or host is received by both CuratorClub and the media owner, subject to the privacy policies of both entities. CuratorClub will not employ information submitted through such forms for direct marketing unless CuratorClub is the media owner.

Other Information You May Submit

You may provide data for specific purposes, such as seeking customer support, participating in studies or surveys, entering contests or sweepstakes, applying to sign up as a curator or influencer or signing up for communications.

Automatically Collected Information

We automatically collect certain data types when you use our services, regardless of having an account. This includes your IP address, device technical information, web page visits or search queries before reaching us, and your activities. We may track these using cookies and similar technologies, with your agreement as outlined in our Cookie Policy.

Physical Products

Your shipping address may be collected to dispatch products you have ordered (if appliable)

Information Collected by Third Parties

Certain third parties may collect data about you during your use of our services, including submitted data and automatically collected information. We may also acquire data about you from third parties, combining it with the information we have collected. For instance, advertisers or advertising platforms may inform us of other online services you use, enabling us to place relevant ads on those platforms.

4. How We Use Your Data

We may use your data for the following purposes:

• Identification and authentication: We use your data to verify you when you access your account.
• Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you amounts you have earned.
• Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
• Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data.
• Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying mdia that you might enjoy, based upon your viewing choices.
• Marketing and advertising: We use your data to show you ads on third-party sites, and to measure the effectiveness of those ads.
• Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
• Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
• Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.

We may use algorithms, machine learning, and other automated means to implement any of the above.

Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:

• Performance of a contract;
• Legitimate commercial interest;
• Compliance with a legal obligation; or
• Consent

If you require further information about the balancing test that CuratorClub has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, see Section 15 for information on how to contact us.

5. With Whom We Share Your Data

We share data with third parties as follows:

• As per your instructions: Your profile and media may be shared with others according to your preferences while using our services. We might disclose your data to individuals to whom you have granted access at the account level.
• With your express consent: We may share your data with third parties when we have received your express consent to do so.
• Authorized vendors: Your data may be shared with third-party vendors assisting in the operation of our services, order processing, and compliance with both your instructions and our contractual obligations. This encompasses payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, chatbot providers, and shipment vendors.
• Advertising: We may share your data with advertising companies to show you relevant ads and assess their effectiveness.
• Analytics: Your data may be shared with analytics providers to gain insights into how customers utilize our services.
• Affiliates and advisors: Auditors and advisors may be granted access to your data for purposes such as planning, financial reporting, accounting, auditing, tax filings, and legal compliance. Your data may also be shared with our affiliates to the extent necessary to provide you with the ordered services.
• Certain legal situations: Your data may be disclosed if we believe such disclosure is necessary to comply with legal obligations or is related to a corporate transaction, as elaborated in Section 6.
• Aggregated or anonymized information: Non-personal, aggregated, or anonymized information, such as visitor and registered user counts, may be publicly disclosed.

We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.

6. Legal and Safety-Related Disclosures

We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings.

We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.

We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.

We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.

We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such case, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.

7. Data Retention

We store your data for the duration of your account's existence. Upon account closure, we delete your data. However, certain information may be retained, including logs of automatically collected data (for internal analytics and security purposes), your email address, tax information, communications with you, and transactional details (for auditing, tax, and financial purposes). Once there is no longer a business justification for retaining your data, we will proceed to either delete or anonymize it.

Deleted media may temporarily be retained on our servers in case you wish to reverse the deletion. However, once media is deleted, recovery may not be possible. If you had previously made media public, its content or thumbnail may be discoverable in a search engine's cache for a certain period. While we lack control over search engines, we are prepared to submit deletion requests to major search engines upon your request.

In the event of legal process related to your account, we will keep your data for as long as deemed necessary in good faith to comply with the legal requirements. Similarly, if we suspect your account to be involved in misconduct, we may retain your data to uphold or defend our rights.

8. Your Privacy Choices

We enable you to make numerous choices about your data:

• You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
• You may change your account and media privacy settings. See Section 9 for more details.
• You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
• You may opt out of receiving commercial emails from us. See Section 10 for more details.
• You may limit the use of cookies. See our Cookie Policy for options.
• You may backup your media.
• You may close your account (which will delete all media) or delete certain media.

Users in certain jurisdictions may have additional rights. See Section 14 for more details.

9. Account and Media Privacy Settings

As part of our services, we offer you the ability to limit the distribution of your content, including your media. This section explains some of your choices.

Profile

Some of our plans may enable you to "hide" your profile or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.

Team Members

Some of our plans may enable you to grant account-level access rights to others. Persons with such access ("Team Members") may be able to see and potentially alter your data. You may revoke or downgrade Team Member access at any time.

Media

We enable you to manage the privacy settings of your media. Learn more about available privacy settings. You may change media privacy settings at any time. Changes will be applied on a go-forward basis.

You may create a sharable link to your media for the purpose of sharing your media with others or embedding your media on a third-party website (including your own). Creating such a sharable link will override your privacy settings and will allow anyone who enters the link in a browser to view your media without restriction. Similarly, embedding your media on a publicly available website will allow the public to view your media regardless of your privacy settings.

You should exercise caution in granting access to others (whether through link sharing or passwords). Once you have granted access to someone else, you lose a degree of control over the distribution of your media as those persons may share the password and/or link with other people.

Regardless of your profile or media privacy settings, CuratorClub reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.

10. Communications from Us

Emails

If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).

Mobile Device Communications

We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.

11. Protecting Your Information

We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.

12. Your Responsibilities

You may receive other people's data in using our service. If you receive information from other users, you must process that information in compliance with your published privacy policy and all applicable laws, including those concerning privacy, data security, and online marketing.

13. Third-Party Services

We may provide access to online services that we do not own or operate via hyperlinks or integrations. These services fall outside of this Privacy Policy and we have no control over the data they collect. Once on a third-party site, your data may be collected by others. We encourage you to read our Third-Party Service Addendum and the privacy policies of such services before using them.

You may use our service through third-party sites. For example, you may listen to media that is embedded on a third-party site or use one of our apps on a third-party platform. This Privacy Policy covers our apps and media players, but does not cover any third-party site or any third-party media player.

14. International Data Transfers and Certain User Rights

14.1 Location of Data

Curator Club is based in the United States and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law.

When we transfer the personal data of users in the EEA, UK and/or Switzerland, we rely on the Standard Contractual Clauses approved by the European Commission for such transfers or other transfer mechanisms deemed ‘adequate' under applicable laws.

14.2 Additional Information for EEA Users

Users in the European Economic Area have the right to request access to, rectification of, or erasure of their personal data; to data portability in certain circumstances; to request restriction of processing; to object to processing; and to withdraw consent for processing where they have previously provided consent. These rights can be exercised as described in the “Your Privacy Choices” section above. EEA users also have the right to lodge a complaint with their local supervisory authority.

As required by applicable law, we collect and process information about individuals in the EEA only where we have a legal basis for doing so. Our legal bases depend on the Services you use and how you use them. We process your information on the following legal bases:

• You have consented for us to do so for a specific purpose;
• We need to process the information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, personalizing the Services, and marketing and promoting the Services; or
• We need to process your information to comply with our legal obligations.

14.3 Additional Information for California Users

The California Consumer Privacy Act ("CCPA”), as amended, requires us to provide California residents with some additional information, which we address in this section.

• In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:
• Identifiers, like your username, email address, IP address, and cookie information.
• Commercial information, including information about transactions you undertake with us.
• Internet or other electronic network activity information, such as information about your activity on our Services and limited information about your activity on the services of advertisers who use our advertising technology.
• Geolocation information based on your IP address, or more specific location information if you authorize your device to provide it to us.
• Your messages with other users (e.g., private messages).
• Audiovisual information in pictures, audio, or video content submitted to Curator Club.
• Professional or employment-related information or demographic information, but only if you explicitly provide it to us, such as by applying for a job or filling out a survey.
• Inferences we make based on other collected data, for purposes such as recommending content, advertising, and analytics.

You can find more information about (a) what we collect and sources of that information in the " Data We Collect About You” section of this notice, (b) the business and commercial purposes for collecting that information in the "How We Use Your Data” section, and (c) the categories of third parties with whom we share that information in the "With Whom We Share Your Data” section.

If you are a California resident, you have additional rights under the CCPA, including the right to opt out of any sales or sharing of your personal information, to request access to and information about our data practices, and to request deletion or correction of your personal information, as well as the right not to be discriminated against for exercising your privacy rights. CuratorClub does not "sell” or "share” personal information as those terms are defined under the CCPA. We do not use or disclose sensitive personal information except to provide you the Services or as otherwise permitted by the CCPA.

You may exercise your rights to access, delete, or correct your personal information as described in the "Your Privacy Choices” section of this notice. When you make a request, we will verify your identity by asking you to sign into your account or if necessary by requesting additional information from you. You may also make a rights request using an authorized agent. If you submit a rights request from an authorized agent who does not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you have any questions or concerns, you may reach us using the methods described under Your Privacy Choices or by emailing us at support@curatorclub.com.

15. How to Contact Us

For any questions, inquiries, or complaints relating to your privacy, please contact us at: support@curatorclub.com

16. Appendix: Cookie Policy

CURATOR CLUB, LLC, an Arizona limited liability company located at 24 W. Camelback Rd., #467, Phoenix, AZ, 85013, USA ("CuratorClub", "we", or "us") uses cookies and similar tracking technologies on curatorclub.com (and related sites), CuratorClub-branded applications for connected devices ("apps"), the media player and the embeddable media player. By using any of our websites, apps, or players, you consent to the placement and use of cookies and similar technologies on your device. This Cookie Policy forms part of the CuratorClub Privacy Policy.

Cookie Basics

A cookie is a small text file that is stored in your web browser that allows CuratorClub or a third party to recognize you using a unique identifier.

Who sets them: First-party cookies are set by CuratorClub. Third-party cookies are set by companies other than CuratorClub, such as analytics providers and advertisers.

What they do: "Essential" cookies enable services we offer. "Non-essential" cookies help us understand how our services are being used (i.e., analytics) and deliver advertisements. Some cookies may track you across multiple websites you visit (including ones not operated by us) to help deliver advertisements that may be relevant to you.

How long they last: Cookies may be either "session" or "persistent." A session cookie expires (i.e., is deleted) when you close your browser. A persistent cookie remains until it expires or you delete the cookies via your browser settings. Expiration dates are set in the cookies themselves and may vary in length, depending on the purpose of the cookie.

Cookies Found on CuratorClub Services

We use all types of cookies in our web-based services.

CuratorClub websites: When you visit a CuratorClub website, CuratorClub and third parties will set cookies in your browser. CuratorClub sets essential cookies to enable certain features and remember your preferences. For example, cookies keep you logged in, allow you to purchase items, and maintain your language and volume settings. Third parties set cookies for both essential and non-essential purposes including analytics (e.g., Google Analytics) and advertising (e.g., Facebook). These third parties may use cookies, web beacons, and other storage technologies to collect or receive information from our websites and elsewhere on the internet, and use that information to provide measurement services and target ads.

CuratorClub media player: CuratorClub’s embeddable media player uses first-party cookies that we consider essential to the media player experience. We do not use third-party analytics or advertising cookies when our media player appears on a third-party website, unless the website visitor is logged in to their CuratorClub account. Please note that a third-party website may place cookies of its own. We have no control over third-party websites or the cookies they set.

Changing Your Cookie Preferences

You may limit the cookies set in your browser by taking the steps described below. Note that declining cookies may impact your ability to use our services.

Browser settings: You may change your browser’s settings to delete cookies that have already been set and to reject new cookies. To learn more, visit the help pages of your browser:

• Firefox
• Chrome
• Safari
• Microsoft Edge
• Internet Explorer

You may also visit our sites in your browser’s "private" or "incognito" mode, in which case cookies will be set, but deleted when you close your browser.

Third party advertising opt-outs: Certain third parties provide ways to opt out of advertising cookies across multiple sites. You can learn more by visiting the sites of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://www.aboutads.info). In addition, there are third party plug-ins and apps that help manage cookies.

Google cookies: Google provides ways to manage or opt out certain of its advertising cookies (https://adssettings.google.com) and analytics cookies (https://tools.google.com/dlpage/gaoptout). You may read Google’s Privacy Policy at https://policies.google.com/privacy.

Similar Technologies

We use technologies that resemble cookies to help track user activities and preferences. For example, we may use web beacons (tiny graphics with a unique identifier embedded on web pages or emails) to track your activities and communicate with cookies. You cannot opt out of web beacons used on webpages, but you can limit their use by opting out of the cookies they interact with. You can opt out of web beacons used in emails by setting your email client to render emails in text mode only.

Mobile Apps

Our apps (e.g., for iOS and Android) do not use cookies, but may use tracking technologies to, for example, authenticate you as a registered user, allow you to use the app’s features, and help us understand how our apps are being used. You cannot opt out of these mobile tracking technologies, but you may delete your apps and use the web versions of our services instead.