Effective Date: 01/12/2023
This privacy policy (the “Privacy Policy”) applies to your use of our websites, including kobaltmusic.com, the Kobalt desktop and mobile application portals (“Portal”), and all related websites, mobile apps, and web-based services (together, the “Websites”). Please read this Privacy Policy carefully and in conjunction with our Terms of Use and ensure that you understand them before you start to use the Websites.
By accessing and using the Websites, you acknowledge that you have read and understood the content of this Privacy Policy. We reserve the right to update this Privacy Policy from time to time.
The Websites are owned and operated by, or on behalf of, Kobalt Music Group Limited (“we” or “us”). We are registered in England and Wales under company number 04018752 and our registered office is at 5th Floor, Goldings House, Hays Galleria, 2 Hays Lane, London, SE1 2HB. Our VAT registration number is GB774150334.
This Privacy Policy does not apply to third-party websites, products or services, even if they may link to our Websites or our Websites may link to them through advertisements that we display on our Websites and on the Portal. We recommend you review the privacy practices of those third parties before connecting accessing third party websites and sharing any personal information.
For most data collection on our Websites, we are the data controller responsible for the collection and use of your personal information as set out in this Privacy Policy.
This Privacy Policy is provided in a layered format. You can jump to a specific section by clicking on the section below:
Information we collect from you
We collect certain personal information about you when you sign up for an account or otherwise use our Websites. We also automatically collect information regarding your use of our sites as you use them.
How we use your information
We use your personal information for various purposes connected with your interest in our Websites, products, and services, and to allow us to maintain and improve them.
Sharing of personal information
We may share your personal information with certain third parties, such as with our service providers and to provide you with opportunities that we believe may be of interest to you.
Children’s privacy
Our Websites are not directed towards children and we do not knowingly collect personal information from them.
Data security and retention
The security of your personal information is of utmost important to us and we maintain appropriate safeguards to protect it.
Your choices and rights
You have certain choices and rights over how we use your personal information.
California Privacy Notice
We provide additional disclosures and rights to residents of California.
European Privacy Notice
We provide additional disclosures and rights to individuals located in Europe.
Australia Privacy Notice
You may obtain further information about our Australian subsidiaries.
Cookies
You may learn more about our use of cookies by visiting our Cookie Policy.
Changes to this Privacy Policy
We may change this Privacy Policy from time to time to reflect new services or changes in our data practices or relevant laws.
Contact us
You may contact us for comments or questions in various ways.
Privacy Policy
1 - Information we collect from you
For purposes of this Privacy Policy, “personal information” means any information that relates to an identified or identifiable individual. The personal information we collect through our Websites will be apparent by the context of the page, and may include but is not limited to the types of information described below.
1.1 - Personal information you provide to us
We may collect the following personal information about you to you choose to provide us through our Websites:
Account information. When you apply for an account on our Websites, including the Portal, you may be asked to provide basic contact information such as your title/role, name, email address, and password, government-issued identification numbers, and additional information that you may specify such as personal marketing preferences. We may also collect certain additional information for authentication purposes, such as your phone number.
Correspondence information. When you report a problem with the Websites to us or otherwise contact us, you may provide us with certain of your contact information and other personal information.
Payment information. If you purchase products or services from us, you may be required to provide your payment card or bank account information, or your account information for one of our third party payment platforms, as well as your shipping and billing addresses.
1.2 - Information that we automatically collect
Our Websites use cookies and other tracking technologies such as web beacons, embedded scripts, and tags (“Cookies”), which collect information from you automatically as your use our Websites, including:
Browser and device data, such as IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Websites you are visiting; and
Usage data, such as geolocation data, browsing history, time spent on the Websites, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Websites.
We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. Please review our Cookie Policy below for more information about our use of these technologies.
2 - How we use your information
We may use any information about you:
to provide you with any products and services that we may offer, including through our Portal (our “Products and Services”)
to enable you to have full access to the Websites;
to contact you when you have requested us to do so, including where required to respond to any reported problems concerning the Websites or the Products and Services;
to produce anonymous reports, statistics and analysis of the types of users who access the Websites;
to create your Kobalt account and identify you when you sign-in to your account in accordance with your agreement with us;
for marketing purposes (see Marketing section below), consistent with your communication preferences;
to contact you for your opinions on the Websites;
to allow you to participate in interactive features of the Portal, when you choose to do so
to notify you about important changes to the Websites, including changes or updates to our Privacy Policy;
to administer and, for our legitimate interests, to improve the Websites, our services, and your account with us;
for our internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to ensure that content on the Websites and Portal is presented in the most effective manner for you and your device;
to protect ourselves, you, and others; prevent fraud and other unlawful or unauthorized activity; and create and maintain a trusted, secure, and reliable online environment; and
to comply with our legal obligations; respond to subpoenas, court orders, or legal process; and to establish or exercise our legal rights or defense against legal claims.
3 - Sharing of personal information
We may share your personal information with the following categories of third parties:
Among our brands and affiliates. We may share personal information among our various brands and affiliates to provide our Websites, provide the Products and Services, and for internal administrative purposes.
Our service providers. We share personal information with our service providers to provide services on our behalf, such as payment processing, analytics, advertising (excluding targeted advertising), hosting, marketing, customer and technical support, and other services. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use the information for any other purpose.
Other business partners. We may share personal information with third-party business partners in connection with our Websites, Products and Services.
Affiliate and business transfer. If Kobalt, including any of its brands or affiliates, is involved in a merger, acquisition, asset sale, or other corporate combination, your personal information may be transferred to the acquiring or surviving entity. If such transfer results in a material change to the use of your personal information, we will provide notice before your personal information is transferred and/or becomes subject to a different privacy policy.
Compliance and harm prevention. We may share personal information as we believe necessary (i) to comply with applicable law, rules and regulations; (ii) to enforce our contractual rights; (iii) to investigate possible wrongdoing in connection with the Sites, Products, and Services; (iv) to protect and defend the rights, privacy, safety and property of us, you, and others; and (v) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.
4 - Children’s Privacy
Our Websites are not directed toward children (as defined by local law) nor does Kobalt knowingly collect information from children (as defined by local law).
If you are a parent or guardian and you are aware that a child has provided us with personal information without parental consent, please contact us using the information in the Contact Us section. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our servers.
5 - Data security and retention
We take reasonable steps, including physical, technical and organisational measures, to protect your personal information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information submitted to us and any transmission is at your own risk.
This includes use of multi-factor authentication to use the Portal. This is designed to ensure that the person accessing your account is, in fact, you. You may choose to provide us with a telephone number so that we can text you a one-time use code. You may alternatively use a third party authentication app ("Authentication App"). When you download the Authentication App, the applicable third party's privacy notice and/or the relevant app store privacy notice will apply to the collection and use of your information by the Authentication App and relevant app store (as applicable). The Authentication App is not provided by Kobalt and Kobalt is not responsible for the processing of your information by the Authentication App. In particular, you may use the Google Authenticator app. Please see more information here.
Your personal information will be retained by Kobalt for a period of time as necessary and relevant to our legitimate operations, our terms of agreement (if any) with you and in accordance with applicable legal obligations. This may include retention necessary to meet our tax reporting requirements as well as time required to enforce the relevant terms of agreement or to identify, issue or resolve legal proceedings.
Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position, including regard to applicable statutes of limitations, litigation or regulatory investigations.
We may retain a record of you stated objection to the processing of your data, including in respect of an objection to receiving marketing communications, for the sole legitimate purpose of ensuring that we can continue to respect your wishes and not contact you further, during the term of your objection.
6 - Your choices and rights
You have options and choices over how we use your personal information. You may have the right under applicable laws to ask for details of the personal information we hold about you, or to amend, limit or delete your personal information. You may also have the right to object to further processing under certain circumstances.