1 – Introduction/Overview
By using the Platform, you consent to the collection of certain types of data (outlined below). You should fully understand what we do (and donâ€™t do) with your personal information and data.
Weâ€™d also like to offer a brief overview of what youâ€™re consenting to by using the Platform. All of these points will be explained in more detail below.
By using the Platform, you consent to;
The transfer of your information to a 3rd party outside of the country you reside in;
The collection, processing, use, and sharing of your information;
The public availability of certain kinds of personal information you elect to share by registering for an account, and your controls for sharing such information.
2 – Information we collect about you
â€œPersonal Dataâ€ means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, including musical content that you create using our Site and our Services (â€œContentâ€). â€œAggregate Dataâ€ means Personal Data that has been combined by or for Instrumental.ly into anonymous groups of users where the groups are large enough to reasonably prevent individual users from being identified, and â€œAnonymized Dataâ€ is Personal Data that has been anonymized by or for Instrumental.ly so that it does not allow a third party to easily identify a specific individual.
By electing to register for a user account you will provide us with certain information as you complete the registration process:
To register for an Instrumental.ly account, you must provide us with a valid email address. If you use Social Login (e.g. Facebook) to sign up, we will receive the email address you have registered with Facebook. You mayÂ electÂ to provide us with certain other personal information – personal/artist biography, hometown, and links to your profiles on other social media platforms (Facebook, Twitter, etc).
You will also provide certain personal data if you use our Contact Us tools, on-site forms, or send us an email regarding support, your account, or other topics.
YouÂ mayÂ also provide other personal information through your use of the site and posting of audio material, in the track description, comments, or title fields.
Basic account information
In order to register for a Instrumental.ly account on the Site, you are required to provide Instrumental.ly with certain Personal Data, such as your email address, username and password. Your user name is listed publicly on the Services, including in search results. We may use your email address to send you information about the Services, provide customer support or to notify you of additional Instrumental.ly products and services. You may use your account settings to unsubscribe from notifications from Instrumental.ly.
Additional profile information
You may also choose to provide Instrumental.ly with additional Personal Data for your profile, which we will make public (your â€œPublic Profileâ€), such as a picture, your location and an additional blurb about yourself. The information that you provide in your Public Profile will be visible to others, including anonymous visitors to the Site.
Data we collect on usage, analytics, and cookies:
By using the Platform, you consent to our use of different technologies and methods that collect information about how you use, access, and interact with the Platform, which may include any of the following;
Technical data such as your IP Address, geolocation, cookie data, URLs visited, mobile device ID and information, device attributes, operating system, network connection, browser type, language, and mobile app version.
Details of any searches you make using the Instrumental.ly search tools, including the date and time searches were made.
Metrics concerning the duration, time, and frequency of your visits to and interactions with the Platform. Details of your subscription (if applicable), as well as information about your interactions with the Platform, specifically including but not limited to: plays, favorites, re-ups, playlist use, and interaction with other Instrumental.ly members and/or artists.
Device sensor data including lat/long, geolocation, altitude, and measurements from your mobile device’s gyroscope, GPS receivers, accelerometers, and other sensors.
Details of your interaction with any third-party apps, widgets, modals, and/or advertisements which are linked to or made available on the Platform.
Information about the website you visited immediately prior to your interaction with the Platform. Details of any content (music, song information, descriptions) you upload to the Platform.
Details concerning your interaction with any Platform methods of communication specifically including but not limited to emails and push/in-app notifications, such as whether you opened and/or clicked on such messages.
We may also obtain information about you from any 3rd party providers/partners and/or advertisers on the Platform which measure ad interaction.
3 – How we use your information
We may use your information for any of the following purposes;
To operate your Instrumental.ly account, and to identify you when you use the Platform. Your email address and password are used for this identification;
To identify you and your actions (uploads, favorites, re-upâ€™s, comments, etc) on the Platform; To provide technical functionality to the Platform; for research and development of new products, services, or functionality; and analyze your use of the Platform;
To provide you with technical support or assistance;
To communicate with you for marketing, support, and/or promotional purposes through email, text message, push, or in-app notifications;
To detect fraud or attempted manipulation of our charts, trending sections, or proprietary algorithms. Instrumental.ly expressly reserves the right to remove any and all content from the Platform that Instrumental.ly in its sole discretion reasonably believes is violating any copyright laws and/or is being used in any way, shape or form to manipulate any measurement system on the Platform (specifically including but not limited to any charts, trending sections, proprietary algorithms, play counts, favorites, re-upâ€™s, download counts;
To provide you with advertising, features, information, links, messaging, or other content based on your geolocation and time of use;
To determine the location, orientation, and acceleration of a mobile device;
Information about your subscription tier (Gold, Platinum) if applicable;
To show you relevant ads on behalf of advertisers and/or sponsors, which may include location and sensor data, along with demographic data you make available to us or through connected third party services, recent search history, and behavior with content, ads, or other users on the Platform;
To provide you with a customized experience on the Platform.
4 – How we share your information
Information about you or your activity on the Platform may be shared in two ways: the first is information you share via your public profile on the Platform is publicly visible to other users of the Platform and thus is shared and the second is data and information Instrumental.ly collects on you (as described in section two above) that Instrumental.ly may in their sole discretion share with reputable third parties in hopes of enhancing the Platform, its analytics and services.
Information you share via your use of the Platform:
Any information you provide in your public profile (username, name, location, social media feeds) and/or use of the Platform (plays, favorites, following, re-ups, playlists) is public and may be seen by other users on the Platform or by Instrumental.ly administrators.
Information we share:
Instrumental.ly uses aggregate and de-indentified user data to perform platform-scale analysis, optimizations, and advertisement targeting and retargeting. This data may be shared with third parties, but only once any personally identifiable information (email address, name) has been removed or hashed.
Instrumental.ly will disclose your personal information in any case where it is necessary to do so to comply with a criminal complaint, subpoena, court order, or legitimate law enforcement inquiry.
Instrumental.ly may disclose your personal information if we feel it is necessary to do so to protect our intellectual property, rights, business interests, or the safety or reliability of our platform, users, employees, or stakeholders.
Instrumental.ly may transfer your information to any person or party that acquires all or a substantial portion of our company or assets, or in the case of a merger, acquisition, or if the company becomes insolvent.
A cookie is a small file placed on your computer or mobile device when you visit a website which helps our site and our 3rd party advertising and data partners recognize your device the next time you visit the site. Cookies are essential for many simple functions such as recognizing a repeat visitor as logged in, and providing access to your account, favorites, playlists, and profile. Instrumental.ly utilizes two common types of cookies – session based cookies (which expire once you close your web browser) and persistent cookies (which stay active until deleted or deactivate after a set period of time). Other technologies include pixel tags (transparent images which help us determine if a page or email has been viewed by a user), web beacons (also known as web bugs, which serve a similar function to pixel tags), and web storage. Additionally, mobile users may be tracked using Device ID and/or hashed data to identify repeat mobile usage. These combined technologies are used both by Instrumental.ly and our 3rd party partners to ensure essential Platform functionality; target, serve, measure, and track advertising delivery, targeting, optimization, and performance; measure Platform analytics and usage; and to measure user and audience behavior, trends, demographics, and location.
Instrumental.ly does not currently respond to or acknowledge Do Not Track (DNT) requests.
6 – Accessing and updating your information
You may update your personal information at any time by visiting your Dashboard page in your user profile. Please bear in mind that profile
Your data will be deleted if you delete your account, however, please bear in mind that it may still show up on internet search engines for some time after deletion due to caching.
Please note, logging out of or deleting the mobile app from your device does not delete your user account.
7 – Transfer to other countries/territories
Instrumental.ly LLC is based in the United States and follows all applicable U.S. laws concerning data storage and privacy. Although our third party providers and services are based in the United States, there may in some circumstances be cases where data is transmitted to servers outside of the U.S. as part of the normal operation of the Platform. Please be aware that not all countries have the same data storage and privacy laws as the United States, and by using the Instrumental.ly Platform you consent to the storage, transfer, collection, and transmission of your data to other territories as necessary.
Our websites have certain security measures in place in effort to protect the loss, misuse, and alteration of the Personal Data under our control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security.
9 – Children
The Platform is not intended for use by those under the age of 13. We never knowingly or purposefully collect information from anyone under the age of 13, or under the legal age limit in their respective territory (â€œAge Limitâ€), under any circumstances. If you are under the Age Limit, you should not use the Platform and are expressly prohibited from registering for a user account, or transmitting any data or personal information on the Platform. If you are the parent/guardian of a child under the Age Limit and believe we have collected such information, please contact us immediately atÂ support@Instrumental.lyÂ and it will be promptly removed.