As used in this Policy, “personal data” means any information which, either alone or in combination with other information we hold about you, could be used to identify you or your household, including, for example, your name, postal address, email address and telephone number, and “anonymous data” means data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.
Aether is acting in the capacity of Controller when collecting and processing personal data on our own behalf and for our own purposes. Controller and Processor have the definitions found in EU General Data Protection Regulation (EU) 2016/679 (“GDPR”).
1. INFORMATION WE COLLECT
We collect information about you in the following ways:
Information You Give Us. This includes:
- the personal data you provide when you register to use the Platform, including your name, email address and screen name;
- the personal data that may be contained in any content you upload to the Platform, including any video, photograph, media, or other similar submission you upload to the Platform;
- the personal data you provide when you create a profile on the Platform, which may include (at your option): a profile photo;
- the personal data we may automatically receive when you visit, use, and interact with the Platform, including log data (IP address and browser type), usage data and device information;
- the personal data you provide when you report a problem with the Platform or when we provide you with customer support;
- the personal data you provide when you make a payment to Aether through the Platform or otherwise;
- the personal data you may provide when you correspond and communicate with us by phone, email, social media or otherwise, including your name, screen name, contact information, and the contents of the message; and
- the personal data you provide when you reply to a job posting found on the Site.
Information We Get from Others. We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners.
Information Automatically Collected. We automatically collect information about you and your computer or mobile device when you access our Site and use the Platform. For example, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to the Site or Platform, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Platform. We collect this information about you using cookies. Please refer to the sections on cookies and Pixel Tags below.
What are cookies?
We collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on the Site and Platform.
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site or Platform; and (2) third party cookies, which are served by service providers on our Site and Platform, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our Platform uses the following types of cookies for the purposes set out below:
Type of Cookie: Essential Cookies
Purpose: These cookies are essential to provide you with services available through our Platform and to enable you to use some of its features. For example, they allow you to log in to secure areas of the Platform, identify a referring affiliate and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Type of Cookie: Functionality Cookies
Purpose: These cookies allow the Platform to remember choices you make when you use our Site and Platform, such as remembering your language preferences, remembering your login details and remembering open projects. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Platform.
Type of Cookie: Analytics and Performance Cookies
Purpose: These cookies are used to collect information about traffic to our Platform and how users use our Site and Platform. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Platform, the websites that referred them, the pages they visited on the Platform, what time of day they used the Platform, whether they have visited our Site or used the Platform before, and other similar information. We use this information to help operate the Platform more efficiently, to gather broad demographic information and to monitor the level of activity on the Platform.
We use Google Analytics for this purpose. These services use their own cookies, and they are only used to improve how the Platform works.
You can find out more information about Google Analytics cookies here:
You can find out more about how Google protects your data here:
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk/
If you do not accept our cookies, you may experience some inconvenience or be unable to use the Platform. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit the Platform.
3. BROWSER LOCAL STORAGE
We also store data locally on your device to enhance the user experience on our Site and Platform. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same. We may also use browser local storage to: (i) save a list of items the user last used on the Site or Platform (such as events and properties the user selected) so we can display “recently viewed items”; or (ii) marking once a user has seen a tutorial, video, tooltip or onboarding flow so that the user only sees the content one time.
4. PIXEL TAGS
We also use pixel tags (which are also known as web beacons and clear GIFs) to track the actions of users on our Site and Platform. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Site and Platform so that we can manage our business more effectively. The information we collect using pixel tags is not linked to our users’ personal data.
5. LOCATION TRACKING
We may use location information provided to us by third party services such as Google Analytics. We do not store your location information on the Platform, although we may maintain de-identified location data in order to analyze aggregated trends and metrics.
6. USING YOUR PERSONAL DATA
We may use your personal data as follows:
- to provide, operate, maintain, analyze, debug and improve the Platform;
- to manage your Account (if you have one), including to communicate with you regarding your Account or your use of the Platform and/or Site;
- to respond to your comments and questions and to provide customer service;
- to send information including technical notices, updates, security alerts, and support and administrative messages;
- with your consent, to send you marketing e-mails about our products and services, upcoming promotions, information about our partners and affiliates, and other news. You may opt out of receiving such information at any time, and such marketing emails tell you how to do so. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails (for example, emails about your Account or our business dealings with you);
- to process payments you make via the Platform (which are processed using a third party provider);
- to link or combine user information with other personal data;
- as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and
- as described in the “Sharing of your Personal Data” section below.
7. SHARING YOUR PERSONAL DATA
We may share your personal data as follows:
- Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
- Corporate Restructuring. We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- To Protect Us or Others. We may access, preserve, and disclose information associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
8. ANONYMOUS DATA
We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to our Platform.
9. THIRD-PARTY SITES
Our Service may contain links to third-party websites and features, including through sign-up options. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
10. YOUR COMMUNICATIONS ON THE PLATFORM
You may be able to take part in certain activities on our Platform that give you the opportunity to communicate or share information not just with Aether, but also with other users of our Platform. These may include:
- working on a project
- participating in community pages, forums and message boards
- posting public comments
- sending private messages to other users, either directly on our websites or to their e-mail accounts
- chatting with other users
- posting photos or videos or other content
- sharing media and intellectual property with other users
Please note that any information you post or disclose on publicly available portions of the Platform (reviews, forums, etc.) will become public information, and will be available to other users and, in some cases, the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on the Platform.
If you provide feedback to us, we may use and disclose such feedback on our Site and Platform, provided we do not associate such feedback with your personal data without your express consent.
11. YOUR RIGHTS
- Opt out. You may contact us anytime to opt out of: (i) direct marketing communications; (ii) any new processing of your personal data that we may carry out beyond the original purpose; or (iii) the transfer of your personal data outside the European Economic Area (“EEA”). Please note that you may not be able to use some of the Platform upon opt-out.
- Access. You may access the information we hold about you at any time via your account or by contacting us directly.
- Amend. You can also contact us to update or correct any inaccuracies in your personal data.
- Move. Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
- Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
- Do Not Track. Do Not Track is a privacy preference that users can set in certain web browsers. In our opinion, no standard governs what, if anything, websites should do if they receive these signals. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. If and when a standard is established, we may revise our position on responding to these signals.
If you wish to exercise any of these rights, please contact us at [email protected]. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce.
For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will comply with your request as soon as reasonably practicable and in any event within one month. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
12. SENSITIVE PERSONAL INFORMATION
We ask that you not send us any sensitive personal information, by way of example and not limitation, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics (See Cal Civil Code Sec 1798.140 for a full definition) on or through the Site or Platform.
If you send or disclose any sensitive personal information to us when you submit any information or content to the Platform, you consent to our processing and use of such sensitive personal information in accordance with this Policy.
13. CALIFORNIA PRIVACY RIGHTS
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”) as well as the California Consumer Privacy Rights Act (“CPRA” and collectively with the CCPA, the “California Acts”) you have certain rights with respect to that information. In particular, you have a right to request that we provide you with the following information:
- The categories and specific pieces of personal information we have collected about you;
- The categories of sources from which we collect personal information;
- The purposes for collecting, using, or selling personal information;
- The categories of third parties with which we share personal information;
- For companies that disclose personal information for a business purpose, the categories of personal information disclosed about you for a business purpose; and
- For companies that “sell” personal information, the categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold. Aether does not “sell” personal information within the meaning of the California Acts.
To submit such requests, contact us at [email protected] or the other contact information set out below. You also have a right to request that we delete personal information under certain circumstances, subject to several exceptions.
You have a right to access information about as well as opt out of the automated processing of your personal data.
While sensitive personal information is addressed above, you have a right to direct the limited use of that sensitive personal information.
Finally, you have a right not to be discriminated or retaliated against for exercising rights set out in the California Acts.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us at [email protected].
14. EUROPEAN DATA PROTECTION RIGHTS
If you are an individual in the EEA, we collect and process information about you only where we have legal bases for doing so under applicable laws, including:
- as necessary to fulfill our Terms and provide the Platform;
- consistent with your consent, which you may revoke at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect your vital interests or those of others;
- as necessary in the public interest; and
- as necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that information:
- You can request access to, and rectification or erasure of, personal data;
- If any automated processing of personal data is done with your consent or under a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
- If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;
- You can object to, or obtain a restriction of, the processing of personal data under certain circumstances; and
- For residents of France, you can send us specific instructions regarding the use of your data after your death.
To make such requests contact us at [email protected]. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We may rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
15. INTERNATIONAL DATA TRANSFER
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our third party providers outside the country in which you reside, including the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. Where personal data originating in the UK, EEA or Switzerland is (i) directly transferred to Aether by its customers, (ii) transferred by Aether on an intragroup basis between our group entities, or (iii) transferred by Aether to external processors, we make use of a variety of legal mechanisms to safeguard the transfer, including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate.
As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver the Platform to you, we need to transfer your personal information to the US and to other jurisdictions as necessary to provide the Platform. Simply put, we cannot provide you with the Platform and perform our contract with you without moving your personal information around the world.
We use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, transmission of information via the internet is not completely secure, nor can we guarantee the security of any transmission or storage system. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us as set forth below.
We retain personal data for as long as necessary to provide the products and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes.
18. OUR POLICY ON CHILDREN
No one under 13 is authorized to use our Platform. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details above. We will delete such information from our files as soon as reasonably practicable.
Unless otherwise required by applicable law, any disputes related to this Policy will be handled according to the dispute resolution procedures outlined in the Terms.
20. CHANGES TO THIS POLICY
We will post any modifications or changes to the Policy on this page. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email and/or post a notice on the Platform prior to such change(s) taking effect.
21. CONTACT INFORMATION
If you have any questions, comments or concerns regarding our Policy and/or practices, please send an e-mail to [email protected]. All other inquiries should be directed to Aether’s support page. Mail may be directed to:
Aether Media, Inc.
9200 Sunset Blvd. #600
Los Angeles, CA 90069