Last updated July 19, 2022
WHO WE ARE
When you use the Mobile Application, your personal information is collected and processed by Sound as the data controller. For questions or concerns with respect to this Privacy Notice, please contact: Sound, LLC, 304 S Jones Blvd #5230 Las Vegas, NV 89107, Help@sound.me, (626)487-8457.
INFORMATION WE COLLECT AND USE
When you use the Mobile Application, we collect personal information about you directly, from third parties, and automatically as outlined below. All personal information collected and used is used in connection with your role as a Creator or Sponsor. Except as otherwise indicated, the personal information we receive is such that we need to carry out the requested action. If we do not receive your personal information, we would not be able to do so.
1. Information We Collect From Sponsors and Creators
When you use our Mobile Application, we will collect your personal information when you:
- Contact us: If you contact us, we will collect from you your identifiers (name, email address, telephone number), and any additional information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you may have. The legal basis for this processing is performance of our contract.
- Create an account (Sponsors): When you create an account as a Sponsor, we will collect from you your identifiers (name, email address, company name, telephone number), the details of your advertising campaign, and selected password. We use this personal information to create your account, facilitate your access to the Mobile Application, and to communicate with you about the Mobile Application and your advertising campaign. The legal basis for this processing is performance of our contract.
- Join the Mobile Application (Creator): To join the Mobile Application, we will collect your identifiers (name, social media platform handle and/or username, and email address). If you choose, we will also collect your telephone number to communicate with you about your social media submissions. As you use the Mobile Application, we may collect your image if you submit a post that contains an image of yourself. This image is used to facilitate the advertisement campaign you signed up to participate in. The legal basis for this processing is performance of our contract.
- Make a payment (Sponsor): When you pay Sound for an advertising campaign, we collect your payment card information (card number, expiration date, and CVV) to process your payment. Please note our payment processor collects and processes this personal information directly on our behalf and Sound only maintains historical payment information. The legal basis for this processing is performance of our contract.
- Use the Mobile Application: With your permission, we will collect your precise location using GPS, Bluetooth, cell towers, and Wi-Fi access points. We use this personal information to show your available advertisement opportunities in your area. You can adjust your location access preferences anytime in your mobile device settings. We do not share your precise location with any third party. The legal basis for this processing is your consent. You can revoke your consent at any time by turning off geolocation for the Mobile Application in your smartphone settings.
If you are a resident of the US, Sound may also use your personal information to send you email marketing communications we feel may be of interest of you. If you are a resident of a country outside the US, Sound will only use your personal information to send you email marketing communications if you consent to us sending you such marketing emails. You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Mobile Application, your account, or any assistance you request.
Sound may also use your personal information to perform automated decision-making, including profiling. We will use automated decision-making to determine the appropriate value for your social media post. The decision will be based on the percentage of your followers that view your posts. The higher the percentage of views, the greater you can be paid for each post. To object to the automated decision-making related to your personal information, you may contact us at [EMAIL ADDRESS].
2. INFORMATION COLLECTED AUTOMATICALLY
The Mobile Application uses essential cookies, which are necessary to provide the Mobile Application. We use these cookies to provide the Mobile Application.
Sound will share your personal information in the following instances:
- Within Sound: Where necessary, we will share your personal information within Sound in order to efficiently carry out our business and to the extent permitted by law. The legal basis for this sharing is our legitimate interesting in carrying out our business operations efficiently.
- With Sponsors: If you post an advertisement on behalf of a Sponsor, we will share your TikTok handle and your telephone number with the Sponsor to facilitate the posting and advertisement review process. The legal basis for this processing is performance of our contract. If you do not permit us to share this information, you will not be able to be paid for your post.
- With service providers: We will share your personal information with service providers that assist us in providing the Mobile Application, such as our IT support, payment processor, and email vendor. The legal basis for this sharing is our legitimate interest in carrying out our business in an efficient manner. These service providers include Paypal, Sendgrid, Apple, Google Play, and Twillio.
- In the event of a corporate reorganization: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our organization, such as a reorganization, merger, acquisition, bankruptcy or liquidation or other disposition of assets, we would share your personal information with third parties in connection with the transaction. Sound would also share your personal information with third parties if Sound undergoes bankruptcy or liquidation, in the course of such proceedings. The legal basis for this is our legitimate interest in carrying out our business operations.
- With your consent: Sound may request your permission to share your personal information for a specific purpose with your consent. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.
Specific Sharing in the Preceding Twelve (12) Months:
- Sharing for a business purpose within the preceding twelve (12) months: In the preceding 12 months, we shared your internet activity information to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, identify and repair errors with the Mobile Application, and to maintain and improve the Mobile Application.
- Sales within the preceding twelve (12) months: Under the CCPA, certain disclosures we engage in are considered a “sale”. In the preceding twelve (12) months, we have disclosed your identifiers and the content of your social media post with Sponsors, for the Sponsor to determine whether you should be paid for the social media post. To opt-out of our sharing of your personal information, please follow the instructions in the RIGHTS OF CALIFORNIA RESIDENTS section, below.
RIGHTS OF CALIFORNIA RESIDENTS
The California Consumer Privacy Act (CCPA) grants certain rights to California residents (subject to certain exceptions) with respect to their personal information. If our processing of your personal information is subject to the CCPA, you are entitled to the following rights:
- Right to access. You have the right to request what personal information we have collected, used, disclosed, and sold about you within the preceding 12 months. You may only make a request for access twice within a 12-month period.
- Right to deletion. You have the right to request the deletion of your personal information about you that we collect from you, subject to certain exceptions. Once we receive your request and confirm your identity, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies under applicable law.
- Right to non-discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, or opt-out under the CCPA.
To exercise your rights, you may submit a request via email to Help@sound.me. For requests submitted via email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information (your first and last name, mailing address, zip code and email address) and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.
RIGHTS OF NEVADA RESIDENTS
If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at Help@sound.me. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message. If at any time we decide to sell your personal information, we will update this disclosure accordingly.
RIGHTS OF INDIVIDUALS UNDER GDPR
Under the General Data Protection Regulation (GDPR), individuals are entitled to the following rights:
- Right to access. You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the personal information we process.
- Right to rectification. You have the right to ask us to rectify personal information you think is inaccurate or incomplete.
- Right to erasure. You have the right to ask us to erase your personal information in certain circumstances.
- Right to restrict processing. You have the right to ask us to restrict the processing of your personal information in certain circumstances.
- Right to object to processing. ou have the right to object at any time, for reasons arising from your particular situation, to processing of your personal information, which is carried out on the basis of our legitimate interests.
- Right to data portability. You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you. Please note this only applies to personal information you have given us.
- Right to lodge a complaint. You have the right to lodge a complaint with your Supervisory Authority.
To exercise these rights, please contact us at Help@sound.me.
Right of Individuals under Canadian Law
If our processing of your personal data is subject to Canadian law, the following section applies to you:
- Accessing and correcting your personal data. You have a right to request access to your personal data and to request a correction to it if you believe it is inaccurate. If you would like to have access to the personal data we have about you, or if you would like to have it corrected, please contact us at Help@sound.me, which will help us to handle your request properly. In some cases, we may not be able to allow you to access certain personal data in certain circumstances: for example, if it contains personal data of other persons, or for legal reasons. To help protect against fraudulent requests for access to your personal data, we may ask you for information to allow us to confirm that the person making the request is you or is authorized to access your information before granting access. You will need to provide us with sufficient information that allows us to reasonably verify that you are the person whose personal data we collected, and you must describe your request in sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and correction requests using the information provided, we may ask you for additional pieces of information.
- Right to withdraw consent. If you have given consent for the processing of your personal data, you may withdraw your consent with effect for the future. Your withdrawal of consent does not have retroactive effect, and there may be cases where we are permitted under the applicable law to process certain personal data without consent.
- Security. In order to help prevent unauthorized access to or disclosure of personal data, we have put in place physical, electronic, and organizational procedures to help safeguard and secure the personal data we collect. Personal data may be accessed by persons within our organization or our third-party service providers who require such access to carry out the purposes described in this Privacy Notice or are otherwise permitted or required by applicable law. Personal data we collect is managed from our offices in the United States. Even though we have taken steps to help protect the personal data in our control, you should know that we cannot fully eliminate security risks associated with personal data. No security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.
- International Data Transfers. Personal data that we collect may be stored and processed in the United States or any other country in which we or our service providers maintain facilities. Personal data processed and stored in another country may be subject to disclosure or access requests by the governments, courts, or law enforcement or regulatory agencies in that country, according to its laws. By providing us with personal data, you consent to any such transfer of information outside of your country.
To exercise these rights, please contact us at Help@sound.me.
RIGHTS OF INDIVIDUALS UNDER BRAZILIAN LAW
If our processing of your personal data is subject to the Brazilian General Data Protection Law (“LGPD”), you are entitled to the following rights:
- Confirmation of the existence of the processing;
- Access to the data;
- Correction of incomplete, inaccurate or out-of-date data;
- Anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the provisions of LGPD;
- Portability of the data to another service provider or product provider, by the means of an express request, pursuant with the regulations of the national authority, and subject to commercial and industrial secrets;
- Deletion of personal data processed with the consent of the data subject, except in the situations provided in Art. 16 of LGPD;
- Information about sharing of information with public and private entities;
- Information about the possibility of denying consent and the consequences of such denial;
- Revocation of consent.
To exercise these rights, please contact us at Help@sound.me.
INTERNATIONAL TRANSFER OF INFORMATION
The personal information collected by the Mobile Application will be transferred to countries or jurisdictions outside of the European Union or your location, including to the United States of America. The countries to which the personal information is transferred may not be as protective as those in your country of residence. For example, personal information processed and stored in another country may be subject to disclosure or access requests by the government in that country according to its laws. If this occurs, we will ensure there is a legal ground for the transfer in accordance with applicable data protection laws.
We will retain your personal information until the earlier of: (i) the information is no longer necessary to accomplish the purpose for which it was provided; or (ii) we delete your information pursuant to your request. Please note we will retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, as necessary to protect our legal rights, and/or for certain business requirements. This includes for security, fraud, and abuse prevention, for financial record-keeping, or to comply with legal or regulatory requirements.
CORRECT OR VIEW YOUR PERSONAL INFORMATION
You can access your Sound account to correct or view certain personal information of yours in our possession and which is associated with your account.
UNINSTALL THE MOBILE APPLICATION
You can uninstall the Mobile Application at any time – this will stop any further collection of your personal information by the Mobile Application.
If you have enabled push notifications on the Sound Mobile Application, you may disable these at any time by updating your mobile device settings.
The Mobile Application is not intended for individuals under the age of eighteen (18) years. If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided above.
DO NOT TRACK
We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to information websites that you do not want to be tracked.
We implement and maintain reasonable safeguards to protect the personal information we collect and maintain. We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.
304 S Jones Blvd #5230 Las Vegas, NV 89107