HitRecord Privacy Policy

Last Modified: August 6, 2021

Welcome to the HitRecord.org Inc. (“HitRecord,” “Company” or “we”) web site, related mobile application (“App”) and any other online services or properties owned or controlled by the Company (collectively, the “HitRecord Services”). The Company values the privacy of its Users. We know you care about how information is collected about you on the Internet and via mobile devices and we believe it is important for you to understand how we use, collect, and protect information that we obtain about you from your use of and interactions with HitRecord.

This Privacy Policy is incorporated by reference into and made a part of the Company End User License Agreement and Terms of Service (the “Terms”). Capitalized terms used in this Privacy Policy will have the meanings set forth in this Privacy Policy, the Terms or the HitRecord Terms for Including Contributions for Monetized Final Products (“Monetized Final Product Terms”).

By viewing any Content or otherwise using the HitRecord Services, whether you are a registered user, or a visitor who has not registered for the HitRecord Services, you consent to the collection and use of information from or about you as explained in this Privacy Policy. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the HitRecord Services.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “The Company’s Contact Information” section. If you are a California resident, or data subject in Europe or the UK, please see the California Resident Privacy Notice or the Additional Disclosures for Data Subjects in Europe and the U.K. at the end of this Privacy Policy.

Personal Information” means information that identifies or is reasonably capable of identifying a particular consumer.

  1. THE INFORMATION THE COMPANY COLLECTS:


    The Company collects information that you provide when you use the HitRecord Services, including but not limited to: when you register an account; update your profile; during use of the HitRecord Services such as registering a financial account to receive compensation; when you apply for a job; participate in a promotion; or, when you communicate with us such as leaving feedback on our website or contacting Customer Support.

    HitRecord also automatically collects information, such as usage statistics, by using cookies, server logs, and other similar technology as you use the HitRecord Services.

    We also collect information from other sources, such as when you use third-party service to register or log into the HitRecord Services.

    Following is greater detail the categories of information we collect.


    Account Information Collection. You must register an account with us to Post Contributions to HitRecord. During registration, you may disclose the following information which may be Personal Information: user name, a credited name, e-mail address, date of birth, location, brief bio, personal website, profile picture, your creative interests, mailing address, and the option to link your user account to Facebook, Twitter, Google, Apple, or Ubisoft.

    Using HitRecord as a Contributing Artist. HitRecord also collects information from you if you are a Contributing Artist.  We collect any information, including Personal Information, within your contribution. If you contribute or make a Contribution that is used in a Final Product and are entitled to a share of the Contributing Artists’ Compensation Pool, then in order to pay you a share of Compensation you may need to provide the following additional information to our third-party service providers: name, date of birth, address, phone number, email address, your taxpayer identification number, bank name, and bank account number.

    Making Payments. When you make purchases through the store on the HitRecord Services, you may need to provide the following Personal Information to our service providers: name, email, billing and shipping address, telephone number and credit card number.

    Applying for a Job. If you apply for a job through the HitRecord Services, we collect your employment and education history, transcript, writing samples, and references as necessary to consider your application for open positions.

    Customer Support and Forums. We may collect information, including Personal Information, through your communications with our customer support team, such as: your name, email address, contact details, and the nature of your request or communication.  We also collect any content that you post publicly on the HitRecord Services, such as comments on projects.

    Cookies, Automatic Data Collection, and Related Technologies. HitRecord collects and stores information that is generated automatically as you use it, including your preferences and usage statistics.

    When you use HitRecord, we and our vendors and service providers, including analytic service providers, receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block and delete cookies. However, if you do that, then the HitRecord Services may not work properly. You can usually find out information about how to delete cookies on your browser through a “help” menu.

    Analytics Services. We use third-party tools, such as CrazyEgg, to collect information about how users interact with HitRecord by their use of cookies, web beacons, and other technologies, and we use this aggregated information to adapt, modify and/or improve HitRecord for the benefit of our users.  Information collected via our analytics services includes browser information, operating system information, mobile device information, IP address, page accessed on the Services, geographic location, time of visit, and whether you have visited our site before.

    Account and Profile Data from Third-Party Services. If you choose to log-in, access or otherwise connect to the HitRecord Services through a third-party service such as Google, Facebook, Twitter, Apple or Ubisoft, we collect your email, name, date of birth, and your HitRecord user ID.

    Information from Other Sources.  We also collect information from other sources. The categories of sources from which we collect information include: Social networks with which you interact; Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities; Publicly-available sources, including data in the public domain.

    For more information about your rights and choices concerning the information we collect, please see the “Your Choices” section below, as well as the additional information for California Residents and UK/EU citizens at the end of this policy.

  2. THE WAY THE COMPANY USES INFORMATION:


    The Company uses the information it collects through HitRecord Services, including Personal Information, to:

    Provide the services;

    analyze usage of HitRecord Services;

    facilitate and improve HitRecord Services; and

    communicate with you, including for the purposes of distributing Payments.

    Following is greater detail about how we use the information we collect.


    Functionality. We use information we collect to provide, maintain, improve, and enhance HitRecord Services for your use.

    Analysis. We collect information on the usage of HitRecord Services to study the way in which Users and Artists engage with Contributions, Final Products, the store, and other functionalities of the HitRecord Services. For example, we may monitor engagement by category of Contribution, the most prolific Artists, popular topics, and the like.

    Improvements. We use information about Users of HitRecord to facilitate the offerings and operations of HitRecord and to improve HitRecord. This could include offering new functionalities, changing the User experience, and updating functionalities.

    Communication. We may send e-mail to the e-mail address you provide if you become a registered User in order to verify your account, to communicate with you about a Contribution, Final Product, solicited or commissioned project, purchase or other engagement with HitRecord. We may also communicate with you for account management, customer service, system maintenance purposes, to ensure clearance of a Contribution for use (e.g. TV broadcast), or to determine the originality of a Contribution. We may also communicate with you regarding changes to HitRecord functionality, our Terms, the Monetized Final Product Terms, the Privacy Policy, allocations of Contributing Artists’ Compensation Pools, distributions or delays in distributions of Compensation, and the like. We may also send you marketing emails and push notifications, consistent with your choices.

  3. WHEN THE COMPANY DISCLOSES INFORMATION:


    The Company may share your information, including Personal Information:

    with third-party vendors and service providers;

    to comply with legal obligations;

    to protect and defend our rights and property or the safety of other Users;

    and with your permission.

    Following is greater detail about how we disclose the information we collect.


    Vendors. The Company discloses automatically collected and other information to third party vendors for understanding the usage, viewing, and demographic patterns for certain programs, content, and services of the HitRecord Services. We may use such information to help us monetize a Final Product or for other purposes.

    Service Providers. We may share information we receive with service providers retained for our benefit in connection with the provision of the HitRecord Services. This means the service provider that we rely upon for the operation, maintenance, and improvement of HitRecord Services may have access to User information, including Personal Information. These service providers are contractually required to only use User information for the purposes of providing services to the Company and for no other purpose.

    Displaying to Other Users/Public Forums. When you Post content to HitRecord Services, including Contributions and comments, certain Personal Information about you, such as your user name, identifying photo, and the content of your Contributions or comments, and profile content may – and likely will be – displayed on HitRecord . Your User Profile Page may display certain information posted by you including your biography, geographic location, website, or interests. Other Personal Information, such as your postal address, e-mail address, phone number, or any taxpayer identification information, will NOT be displayed to other Users on the HitRecord Services. Other Users of HitRecord, including Users who come to HitRecord via a link posted on a third party website, including Third Party Sites, will have access to the publicly displayed information. We are not responsible for the privacy practices of the other Users who will view and use the posted information you choose to make available on or through HitRecord. You should therefore be mindful of these types of disclosures when selecting a User name or choosing the photograph to use with your account.

    Contributing Artists’ Compensation Pools. If you are a Contributing Artist and a Contribution you have made or Posted to the HitRecord Services is included within a monetized Final Product, then we will post your User name, the record itself, your Contributing Artist’s Share, and the amount of money due to you when making disclosures about monetized Final Products, whether for the purposes of establishing the Contributing Artist’s Shares in the Contributing Artists’ Compensation Pool or when documenting allocations of the Contributing Artists’ Compensation Pool. If you associate other information with your User name on the HitRecord Services, then people reviewing the Contributing Artist’s Shares for a Final Product may be able to learn additional information about you beyond your User name. If you do not wish to have your User name (and any information that can be gleaned from your User name) and Contributing Artist’s Share disclosed, then you should not contribute a Contribution using the HitRecord Services.