Privacy Policy

Effective: October 25, 2018

This Privacy Policy describes how ArtistWorks collects, uses and discloses information, and what choices you have with respect to the information.

Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:

• organizing it into the sections listed in the Table of Contents below,
• providing a series of examples that help illustrate how the policies may be implemented by ArtistWorks and
• defining and capitalizing a few terms that are used more than once for simplicity and brevity.

When we refer to “ArtistWorks”, or "Company", we mean the ArtistWorks entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

Table of Contents:

• Applicability of this Privacy Policy
• Information We Collect and Receive
• How We Use Information
• Data Retention
• How We Share and Disclose Information
• Security
• Age Limitations
• Changes to this Privacy Policy
• Your Rights
• Contacting ArtistWorks

Applicability Of This Privacy Policy

This Privacy Policy applies to the ArtistWorks (“Company”) online music education website, including ArtistWorks.com (“Site”) and other interactions (e.g., customer service inquiries, etc.) you may have with ArtistWorks. If you do not agree with the terms, do not access or use the Site or any other aspect of the Company’s business. This privacy policy is incorporated into and subject to the terms and conditions of Company's Terms of Use, available on the Site. All capitalized terms not herein defined will have the meaning set forth in our Terms of Use. Use of the Service and Site is subject to your compliance with the Terms of Use, which constitutes a legal agreement between you and Company. Each time you use the Service or Site you signify that you have read, understood and agree to be bound by the Terms of Use, which incorporates the Privacy Policy, and the applicable posted guidelines. USE OF THE SERVICE OR SITE SIGNIFIES THE ACCEPTANCE OF THE TERMS OF USE AND THE PRIVACY POLICY. If you do not agree with the terms of either of these documents, please do not provide Company with any information and do not use the Service or Site. Your continued use of the Service or Site in light of changes to this Privacy Policy, the Terms of Use, or to the relevant principles thereof will signify your acceptance of the changes.

This Privacy Policy does not apply to any third party applications or software that integrate with the Site (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Terms of Service”), including the processing of any messages, files or other content submitted through Site accounts (collectively, “Customer Data”).

Information We Collect And Receive

ArtistWorks may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

• Customer Data. Customers or individuals granted access to the Site routinely submit Customer Data to ArtistWorks when using the service.
• Other Information. ArtistWorks also collects, generates and/or receives Other Information:        

1. Account Information. To create or update an account, you or the parent/guardian supply ArtistWorks with an email address, first/last name, password and/or similar account details. In addition, customers that purchase a paid version of the service provide ArtistWorks (or its payment processors) with billing details such as credit card information and/or a billing address.
2. Usage Information.        

• Site Metadata. When a customer interacts with the Site, metadata is generated that provides additional context about the way customers learn. For example, ArtistWorks logs the course, lessons, Video Exchanges, features, forums and messaging you interact with on the Site.
• Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Sites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Site, browser type and settings, the date and time the Site was used and cookie data.
• Device information. ArtistWorks collects information about devices accessing the Site, including type of device and what operating system is used. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
• Location information. We receive information from you and other third-parties that helps us approximate your location. We may, for example, use a billing address submitted by a customer, or an IP address received from your browser or device to determine approximate location. ArtistWorks may also collect location information from devices in accordance with the consent process provided by your device.

3. Cookie Information. ArtistWorks uses cookies and similar technologies in our Sites that help us collect Other Information. The Site may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Site and across other websites and online services.
4. Third Party Services. Third Party Services are software or services that integrate with our Site, and customers can choose to use them. Once used, the provider of a Third Party Service may share certain information with ArtistWorks. For example, if a customer contacts the Company using the Zendesk interface, we may receive user name and email address of the customer, along with additional information that the application has elected to make available to ArtistWorks to facilitate the integration. Customers should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to ArtistWorks. When a Third Party Service is used, ArtistWorks is authorized to connect and access Other Information made available to the Company in accordance with our agreement with the Third Party Provider.
5. Third Party Data. ArtistWorks may receive data about organizations, industries, Site visitors, marketing campaigns and other matters related to our business from our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
6. Additional Information Provided to ArtistWorks. We receive Other Information when submitted to our Site or if you participate in a contest, activity or event, request support, interact with our social media accounts or otherwise communicate with ArtistWorks.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as email and billing address details, is not provided, we may be unable to provide service.

How We Use Information

Customer Data will be used by ArtistWorks in accordance with any applicable terms in the Terms of Service and customer’s use of Site functionality, and as required by applicable law. ArtistWorks is a controller and processor of Customer Data.

ArtistWorks uses Other Information in furtherance of our legitimate interests in operating our Site. More specifically, ArtistWorks uses Other Information:

• To provide, update, maintain and protect our Site and business. This includes use of Other Information to support delivery of the services under a Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at a customer’s request.
• As required by applicable law, legal process or regulation.
• To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
• To develop and provide search and additional features. ArtistWorks tries to make the Site as useful as possible for the customer. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content to a customer, make service suggestions based on historical use and predictive models, identify organizational trends and insights, to customize Site experience or create new features and products.
• To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes to our Site, changes to our product offerings, and important service-related notices, such as security and fraud notices. These communications are considered part of the core service and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about ArtistWorks. These are marketing messages so you can control whether you receive them.
• For account management and other administrative matters. ArtistWorks may need to contact you for account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, ArtistWorks may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

ArtistWorks will retain Customer Data in accordance with a customer’s instructions, including any applicable terms in the Terms of Service and customer’s use of Site functionality, and as required by applicable law. The deletion of Customer Data and other use of the Site may result in the deletion and/or de-identification of certain associated Other Information. ArtistWorks may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for ArtistWorks to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

How We Share And Disclose Information

This section describes how ArtistWorks may share and disclose Information. ArtistWorks does not share or disclose Information to third parties unless in the situation(s) described below. Customers determine their own policies and practices for the sharing and disclosure of Information within the social features of the Site, and ArtistWorks does not control how they or any other third parties choose to share or disclose Information.

• Customer’s Instructions. ArtistWorks will share and disclose Customer Data in accordance with a customer’s instructions, including any applicable terms in the Terms of Service, and in compliance with applicable law and legal process.
• Displaying the Site. When a customer submits Other Information, it may be displayed to other customers on the Site. For example, a customer’s Video Exchange will be displayed in the course on the Site.
• Collaborating with Others. The Site provides different ways for customers to collaborate, such as instant messaging and Video Exchanges. Other Information, such as a customer’s profile Information, may be shared, subject to the policies and practices of the Company.
• Customer Access. Company administrators may be able to access, modify or restrict access to Other Information. This may include, for example, using Site features to export logs of activity, or accessing or modifying your profile details.
• Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide storage services.

• During a Change to ArtistWorks Business. If ArtistWorks engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of the Company’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
• Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective ArtistWorks customer the average number of Video Exchanges submitted to the Site.
• To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.

1. Requests for Customer Data by Individuals. Third parties seeking access to Customer Data should contact the customer regarding such requests. ArtistWorks will not provide provide data to individuals unless requested by the customer.
2. Requests for Customer Data by Legal Authority. Except as expressly permitted by the Contract or in cases of emergency to avoid death or physical harm to individuals, ArtistWorks will only disclose Customer Data in response to valid and binding compulsory legal process. ArtistWorks requires a search warrant issued by a court of competent jurisdiction (a federal court or a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants) to disclose Customer Data. All requests by courts, government agencies, or parties involved in litigation for Customer Data disclosures should be sent to info@artistworks.com and include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific Customer Data being requested, including the relevant customer’s name and type of data sought.Requests should be prepared and served in accordance with applicable law. All requests should be narrow and focused on the specific Customer Data sought. All requests will be construed narrowly by ArtistWorks, so please do not submit unnecessarily broad requests. If legally permitted, customer will be responsible for any costs arising from ArtistWorks response to such requests. ArtistWorks is committed to the importance of trust and transparency for the benefit of our customers and does not voluntarily provide governments with access to any data about users for surveillance purposes.
3. Customer Notice. ArtistWorks will notify customer before disclosing any of Customer’s Customer Data so that the Customer may seek protection from such disclosure, unless ArtistWorks is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such Customer Data. If ArtistWorks is legally prohibited from notifying customer prior to disclosure, ArtistWorks will take reasonable steps to notify customer of the demand after the nondisclosure requirement expires.

• To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of ArtistWorks or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
• With Consent. ArtistWorks may share Other Information with third parties when we have consent to do so. For example, we work with Credly to provide digital badges for Certificates. Once a student has successfully completed the Certificate Program, they will receive an email inviting them to accept their digital badge. If they accept the invitation, ArtistWorks may send certain account information such that Credly can generate an account for the student on their platform, which the student can use to accept their digital badge. We do not share any personal information with Credly without your consent.

Security

ArtistWorks takes security of data very seriously. ArtistWorks takes reasonable action to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. ArtistWorks is PCI-compliant allowing us to use a third-party to process payments and uses hosting and storage providers to monitor the security of our infrastructure. Given the nature of communications and information processing technology, ArtistWorks cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Company may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us immediately.

Non-U.S. Users./>

Company is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Company is being provided to Company solely in the United States and will be hosted on United States servers. You consent to the transfer, use and processing of your personal information in and to the United States. If you are accessing the Service or Site from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.

Age Limitations

To the extent prohibited by applicable law, ArtistWorks does not allow use of our Site by anyone younger than eighteen (18) years old. A parent or legal guardian can submit written approval to the Company authorizing use of the Site but persons younger than the stated age limit, as verified within reasonable effort.

Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information through the Service or on the Site from persons under sixteen (16) years of age without the verified consent and permission of a parent or legal guardian. If you are under eighteen (18) years of age, please do not use or access the Service or Site at any time or in any manner. If Company learns that personally identifiable information of persons under sixteen (16) years of age has been collected on the Site or through the Service, then Company will take prompt and appropriate steps to delete this information. At all times, Company strives to protect children. Company recommends that minors ask their parents for permission before sending any information about themselves to anyone via the Site and/or Service or otherwise over the Internet.

If you are a parent of a child under 16 and you believe that your child has created a Company Site account in violation of our policy, please contact us at info@ArtistWorks.com.

Changes To This Privacy Policy

ArtistWorks may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, ArtistWorks will provide additional notice, such as via email or through the Site. If you disagree with the changes to this Privacy Policy, you should deactivate your Site account. Contact the Company if you wish to request the removal of Personal Data under their control and limited to what is not required to be kept as stated previously in this Privacy Policy.

Your Rights

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in My Account. If you cannot use the settings and tools, contact Customer Service for additional access and assistance. Please use info@artistworks.com for contacting ArtistWorks. Deleting your Company Site account does not currently remove your personal information from the Company servers. However, if you delete your account, Company will use your personal information only as described in this Privacy Policy.

To the extent that ArtistWorks’ processing of your Personal Data is subject to the General Data Protection Regulation, ArtistWorks relies on its legitimate interests, described above, to process your data. ArtistWorks may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to ArtistWorks’ use of your Personal Data for this purpose at any time.

Contacting ArtistWorks

Please also feel free to contact ArtistWorks if you have any questions about this Privacy Policy or ArtistWorks’ practices, or if you are seeking to exercise any of your statutory rights. You may contact us at info@artistworks.com or at our mailing address below:

ArtistWorks

167 Camino Dorado

Napa, CA 94558

USA