Privacy Policy

We at VYBN Inc. (“VYBN” “we” or “us”) recognize the value of data, and our mission is to help artists control their own data and use it to achieve their objectives: Power to the Performer. We also take privacy very seriously, and the following Privacy Policy lays out in the clearest terms to help you understand how and why we are using your data, your rights to that data, and other frequently asked questions.

What data does VYBN collect?

At the most basic level we collect data when you visit our website to get to know you better, specifically personal information (for example, last name, first name, electronic address, company, position held in the company, etc.) necessary to create your account (“Personal Information” or “PII”). You have no obligation to provide us with any PII and the submission of such information is at your sole discretion and consent. However, if you will not provide us with the required information, we might be unable to provide you with the information or services you requested.

 

We may also request additional information from you from time to time to get to know you even more, but we will clearly mark which information that is mandatory and information that is not.  We may also log some other information or data, including how you navigated our site, your IP address, browsing data, domain server, type of computer, and type of web browser, traffic data, and any invoicing or transaction data related to your account.

 

We also collect data from a variety of external sources in an effort to give us a more complete picture of your dataset. We collect statistical data related to our users’ use of our (including Website usage patterns) and our services.

 

Any payment is taken either by direct transfer, or in the case where credit card information is provided, it is provided securely through a third-party and is subject to the privacy policies of the third-party provider.

Who sees the Data?

VYBN may share PII and information with your consent, and in such cases, we will make this very clear in our communications.  

 

For the purpose of providing you with products and/or services you request and operating the site we may share PII with trusted third-party partners who need to have access to the information for the purpose of providing site related services to us only (and not for such third parties’ commercial use in any way).

 

We may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of us, our agents, Customers, and others, including to enforce our agreements, policies, and terms of use, or (iii) in an emergency to protect the personal safety of us, our customers, or any person, or (iv) to investigate, prevent, or take action regarding illegal or suspected illegal activities.

 

We may also share your information with others in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.  In the event that it's necessary to so disclose any information, we will take all reasonable steps to anonymize any information where possible

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What does VYBN use the Data for?

VYBN uses the data collected to keep in contact with you, improve features on our site, customize information for you, manage your account. VYBN also may in some cases completely anonymize your data for statistical purposes in order to create a robust dataset for improvement of our services to our customers.

 

We may use the information that you provided us or that we collected from your activity on our site in combination with PII from other sources and use third-party services to infer your region and the organization you are associated with to tailor the content you see, interact with you and to market directly to you.

 

We may share aggregated, anonymized or statistical PII about you with third parties, including demographics data, with others for a variety of purposes, including for their own uses, for example, for improving their products and services.

 

By submitting your PII through the site or otherwise providing it to us, you agree that your information may be transferred to third parties under the circumstances described above or similar circumstances.

When we process your Personal Information, we make sure to consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Our business interests do not automatically override your interests – we will not use your PII for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

What is a Cookie, and do we use them?

A cookie is a piece of data stored on your hard drive containing information about you. We use cookies to enhance the user experience of our site (such as storing password or user preference information). If you reject the cookie, you may still use our sites with the only drawback being the disablement of some of the usability features of our site. We also use cookies (including allowing third-party cookies) to track and monitor usage of the Websites by users for the purposes of marketing, Websites improvement, and retargeting ads to you when you visit other websites. 

 

Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Most web browsers accept cookies by default. If you prefer, you can disable cookies by default through each of your browser settings. Please keep in mind that settings are unique to each browser and system, so if you use multiple devices, such as computers, tablets and phones, the settings will need to be modified on each. You may visit www.aboutcookies.org or www.allaboutcookies.org to obtain information on how to prevent cookies from being set on your particular browser. For quick reference, most browsers have a built-in function to disable cookie tracking.

 

External Links

In order to provide you with greater value, we may provide links to various third-party web sites. However, even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and is not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such web sites. These destination links are provided only for your convenience, and as such, you access them at your own risk. 

 

Email Communications

If we have your permission to do so, or if you are an existing customer and we have a legitimate business interest, we will use your contact information (such as your email address) to provide you with promotional and marketing emails. You can opt-out of receiving promotional and marketing emails at any time, but if you do you may not receive the full benefit of our service. Opting-out can be done by contacting us using the information below.  At any time, you have the ability to opt out of receiving marketing communications from us. You can opt out by either changing your e-mail preferences or using the link provided at the bottom of each email message.  

 

Our Policy Towards Children

We do not knowingly collect PII from children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with PII without his or her consent, he or she should contact us. If we become aware that a child under the age of 16 has provided us with PII, we will delete such information from our files.

How we Secure your Personal Information

We employ commercially reasonable security measures to protect the PII submitted to us, both during transmission and once we receive it. However, due to the nature of internet communications and evolving technologies, the security of user information may be compromised at any time through unauthorized entry or use, hardware or software failure, and other causes. No method of transmission over the Internet or method of electronic storage is 100% secure.  Therefore, we cannot guarantee the absolute security of PII and disclaim any assurance that such information will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

European Data Protection Rights, Cross-Border Personal Information Transfers and the EU-U.S. Privacy Shield and Swiss – U.S. Privacy Shield 

For our customers located in Europe, we comply with the EU – U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, EEA, the United Kingdom, and Switzerland to the United States, in reliance on the Privacy Shield.  We have certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

 

For purposes of compliance with the General Data Protection Regulation (GDPR), we have appointed the DPR Group as our Data Protection Representative.  For more details on the rights you have in respect of your personal data, please refer to the European Commission (https://ec.europa.eu/info/law/law-topic/dataprotection/data-protection-eu_en) or the national Data Protection Authority in your country.

 

If we have processed or are processing your PII, you may be entitled to exercise your rights under GDPR in respect of that personal data, including, but not limited to: 

 

  • You can request access to, and rectification or erasure of, personal information;

  • If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of your personal information in a usable and portable format;

  • If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing; and

  • You can object to, or obtain a restriction of, the processing of personal information under certain circumstances.

 

 

We take our clients’ (and the customers of its clients) data protection seriously, and you can contact DPR Group directly in your home country. DPR Group has locations in each of the 28 EU countries, so that our customers can always raise the questions they want with them.

 

If you want to raise a question, or otherwise exercise your rights in respect of your personal data, you may do so by:

 

  • sending an email to DPR Group at datainquiry@dpr.eu.com quoting VYBN Inc. in the subject line 

  • contacting us on our online webform at www.dpr.eu.com/datarequest 

  • mailing your inquiry to DPR Group at the most convenient of the addresses here.

  • contact us directly at info@vybn.co.  

 

When we are processing data on behalf of another party that is the “data controller”, such as our Customers, you should direct your request to that party.  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.

 

You have a right to choose (opt-out) whether your Personal Information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. You may exercise your choice to opt-out of the permission you gave us by contacting us at the contact information below (the services you requested from us may be affected by your choice). 

 

In the context of an onward transfer of Personal Information to a third party (including our service providers), we have a responsibility for the processing of personal information we receive under the Privacy Shield and subsequently transfer to a third party acting as an agent on our behalf. We shall remain liable under the Privacy Shield Principles if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we can prove that we are not responsible for the event giving rise to the damage.

We will investigate and attempt to resolve requests, complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy. We may require further information from you to identify you and address the matter at issue. 

Individuals in the European Union, EEA, the United Kingdom, and Switzerland may submit unresolved complaints to binding arbitration before the American Arbitration Association (“AAA”) under certain conditions. Information about AAA services can be found at its website: http://go.adr.org/privacyshield.html.  The exclusive location for such arbitration shall be New York, NY, United States.  People in the European Union and EEA, (EU Data Subjects), the United Kingdom, and Switzerland can invoke binding arbitration as stipulated in the EU – U.S. Privacy Shield Agreement, Annex I, for some residual claims not resolved by other redress mechanisms.

Changes to this Statement

This Statement may be amended from time to time, consistent with the requirements of the Data Protection Directive and/or Privacy Shield Principles.  We will provide appropriate notice about such amendments as required by applicable law.

 

Changes and Consent to Privacy Policy

This Privacy Policy was last changed on the date set forth at the bottom of this Privacy Notice. We may update this Privacy Notice at any time and any such changes will become effective prospectively from the date of publication. By registering with us or by using the site without prior registration, you agree to the terms of this Privacy Notice. We encourage you to check this page frequently for any changes to our Privacy Notice. Your continued use of the Websites after any change to the Privacy Notice constitutes your acceptance of this Privacy Notice as revised.

Contact Us

75 Thompson Street Unit 16

New York City, NY 10012

Info@vybn.co 

Governing Law

This Privacy Policy shall be exclusively governed by and construed in all respects under the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law provisions. Any and all legal claims, suits or actions that arise in connection with this Privacy Policy or with breach of this Privacy Policy shall be submitted to the personal jurisdiction of the courts located in the courts of New York City, New York.

Last Updated: April 17th, 2020

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