STINGRAY PRIVACY POLICY

Stingray Group Inc., together with its affiliates, subsidiaries, and related entities (collectively, “Stingray”) are committed to protecting your privacy. Stingray’s Privacy Policy is designed to help you understand how Stingray collects, holds, uses, and divulges the Personal Information (as defined below) when you use its websites, web players, applications, widgets, products and/or services (the “Stingray Service(s)”). In this Privacy Policy, “you” refers to the person using the Stingray Services if this person is 13 years old or over, or to a parent or legal guardian if the user is under the age of 13.

WHAT PERSONAL INFORMATION DOES STINGRAY COLLECT?

For the purposes of this Privacy Policy, “Personal Information” means any information about an individual that identifies such individual or that, individually or in combination with other information, identifies the individual.

Depending on your use of the Stingray Services, Stingray may collect your Personal Information, including but not limited to your name, contact information, e-mail address, location, postal address, social media accounts, survey feedback, demographic information, and information about your mobile and/or computer devices.

HOW DOES STINGRAY COLLECT YOUR PERSONAL INFORMATION?

Directly from you

Generally, we will obtain the Personal Information that we need directly from you, for example when you use our Services or when you communicate with us.

Stingray may also gather information that is generated by your mobile and/or computer devices (e.g., mobile advertising identifiers, location information and IP address). See Section “How Does Stingray Provide Online Advertising?” for more information on this topic.

With a legal basis such as a contractual basis or your consent

The legal basis for collecting and using your Personal Information is typically a contractual basis (i.e., to provide you with the Stingray Services) or because you have consented to it. However, Stingray may also rely on other legal grounds, for example, where the processing is necessary for its legitimate interests or for compliance with legal obligations to which it is subject.

Refusal of collection and withdrawal of your consent

You have the right, if you so choose, to refuse the collection, use and disclosure of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent (if any) to the use of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you, for example, from using the Stingray Services, as this information is essential to the provision of the requested services.You may contact Stingray as set forth in the Section “How to Contact Us?” to address any issue thereof.

WHY DOES STINGRAY COLLECT YOUR PERSONAL INFORMATION?

For specific and limited Purposes

Stingray generally collects and uses your Personal Information to:

• Process payment for the Stingray Services that you purchase from Stingray, when applicable;
• Communicate with you concerning your account and provide timely customer service when needed;
• Track your location for the purpose of identifying the Stingray Services that are currently available to you;
• Provide you with the Stingray Services, respond to and perform your requests for the Stingray Services, including delivering the Stingray Services you have purchased;
• Offer you product upgrades, and other Stingray Services;
• Authenticate the users of the Stingray Services;
• Provide you with advertising while using the Stingray Services or third-party services including social media;
• Share your Content (as defined below) with other users of the applicable Stingray Services or third-party services and platforms as detailed below;
• Recommend you content based on your use of the Stingray Services; and
• Administer the surveys that you have agreed to complete

(collectively, the “Purposes”).

To send you the Stingray Messages

If you have consented to receive such information, Stingray may send newsletters, electronic messages, news, updates, contests, special offers and/or other written communications (the “Stingray Messages”) to you about the Stingray Services, and/or about products and/or services of its partners and licensors. Separate Stingray Services and lines of business may send separate Stingray Messages. You may opt-out of receiving the Stingray Messages as set forth in the Section “How to Contact Us?”, or through the Preference Center accessible via the Stingray Messages footer. However, Stingray may continue to send you Stingray Messages to inform you about available upgrades or critical technical service issues relating to a Stingray Service that you requested or purchased, or to provide you with important information on your account.

For secondary purposes

Stingray may also aggregate and anonymize Personal Information that you have provided to create aggregate statistical data which Stingray may use to improve the Stingray Services, train machine learning algorithms, or share with its third-party partners including advertising partners. Such statistical data does not include any Personal Information.

DOES STINGRAY SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES?

Stingray does not rent nor sell any of your Personal Information to third parties and will not share it with third parties without your consent, unless it is necessary to do so by law or for the Purposes as set forth below.

With our employees

In the course of their work, our employees may need to access your Personal Information, for example, when you contact us or request support. Their access is limited to what is necessary to perform their duties.

With strategic partners

Stingray may share your Personal Information with its partners and licensors to the extent that such disclosure is required for the Purposes. Stingray may use third parties to facilitate its business, such as payment processors, hosting services providers, contractors for sending out e-mail updates about Stingray and the Stingray Services or for providing customer support services. In connection with these business operations, Stingray’s service providers may have access to your Personal Information for use for a limited time in connection with these business activities. Where Stingray utilizes third parties for the processing of any Personal Information, Stingray implements reasonable contractual and technical protections in order for such third parties to keep all Personal Information they process strictly confidential. Please note that these third parties may be located in other countries than your location in which case appropriate measures are taken by Stingray as set forth below in the Section “Where Is Your Personal Information Stored and Transferred?”.

When required by applicable laws

Stingray may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform with the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on Stingray; (d) protect and defend the rights or property of Stingray; (e) enforce or verify your compliance with any part of the agreements that you have entered into with Stingray, if any; (f) prevent fraud or other illegal activity perpetrated through the Stingray Services; or (g) act in urgent circumstances to protect the personal safety of users of the Stingray Services or the public at large.

During business transfers

We may share your Personal Information without your permission when our operations require it (in the event of a merger, acquisition, bankruptcy or sale of assets, for example). In this kind of event, we may also share some or all of your Personal Information to the relevant third-party (or its advisors) as part of a due diligence process.

For other purposes with your consent

Where you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific instances where additional terms apply and, through these, we make clear that specific third parties may process your Personal Information.

THIRD-PARTY SERVICES AND PLATFORMS

Links to third-party platforms

The Stingray Services may contain links to other websites, applications, or platforms. Please read the privacy policies of these third-party websites, applications or platforms that collect personally identifiable information in order to understand their privacy policies and data collection practices. This Privacy Policy applies solely to Personal Information collected and processed by Stingray or on its behalf.

Sharing your Content on third-party platforms

The Stingray Services may sometimes offer you the possibility to post and share information regarding your activity on the Stingray Services, including without limitation recordings of your renditions made through the applicable Stingray Services (the “Content”), to journals, blogs, message boards, classifieds or any other form of social media platform or public forum. The use of such information that you choose to post, or share will be governed by the privacy policies of such third parties. Children under the age of 13 will not have the possibility to share their Content through the Stingray Services without your prior consent. Once you consent to the sharing of the children’s Content, this feature will be available for all the Content generated, including the Content generated prior to your consent, until you deactivate the functionality via the Account Settings or by contacting Stingray as set forth in the Section “How to Contact Us?”.

Use of reCAPTCHA

We may use the reCAPTCHA service from Google Inc. (“Google”) to check whether the data entered on the Stingray Services has been entered by a human or by an automated program. The reCAPTCHA service may collect information about you, including your Personal Information for security purposes. The information gathered by reCAPTCHA is held in accordance with Google’s Privacy Policy. By using the reCAPTCHA service, you consent to the processing of your Personal Information by Google in the manner and for the purposes set out in its Privacy Policy.

Stingray Karaoke on the SkyGlass platform

When you use our Karaoke feature on Sky Glass, your recordings will be uploaded and stored on our secure cloud server.

Please note the following:

• Your karaoke recordings will be retained for a period of 12 months from the date of last access. This is to ensure that you can enjoy your performances again and again, and share them with your friends and family if you wish.
• After this 12-month period, unless accessed again, your recordings will be automatically deleted from our servers. This is in line with our commitment to data minimization and privacy.
• If you wish to delete your recordings before the end of this period, you can do so by following the process outlined in the “What are your Rights” section of this Privacy Policy. We have designed this process to be simple and straightforward, to give you control over your data.

By using our Karaoke feature on the SkyGlass platform, you consent to these terms. We encourage you to review this section, as well as the rest of our Privacy Policy, to fully understand how we manage and protect your data.

HOW LONG WILL STINGRAY KEEP YOUR PERSONAL INFORMATION?

Stingray will retain your Personal Information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for Stingray’s legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Personal Information held by Stingray will be destroyed, deleted, or made anonymous. If you would like more information on this subject, we invite you to contact us as set forth in the Section “How to Contact Us?”.

HOW DOES STINGRAY PROTECT YOUR PERSONAL INFORMATION?

With necessary and appropriate security measures

Stingray strives to apply appropriate precautions to protect your Personal Information. Stingray uses physical, electronic, and procedural safeguards that comply with applicable regulations to protect your Personal Information.

Increase your level of privacy

Stingray’s software may include the opportunity to disable certain software features to increase your level of privacy. However, certain technical information (e.g., zip code) may be automatically transmitted between networked servers to authenticate access to the Stingray Services, enable their delivery, or optimize your media delivery experience.

Children’s privacy

Except as otherwise provided for a specific Stingray Service, the Stingray Services are only available for individuals aged 13 years or older. Stingray does not knowingly collect, hold, use or divulge any Personal Information from children under the age of 13, unless a parent or legal guardian has consented to it. If you believe that Personal Information has been collected from children under the age of 13 without your prior consent, you may contact Stingray as set forth in the Section “How to Contact Us?”.

HOW DOES STINGRAY USE COOKIES?

A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons and tracking pixels may be used for similar purposes. In this Privacy Policy, all of these tracking technologies are collectively referred to as “Cookies”. Any Personal Information collected with Cookies by Stingray or on its behalf are treated with the same level of confidentiality as any other Personal Information held by Stingray.

Strictly necessary Cookies

These Cookies are necessary for the Stingray Services to function and cannot be switched off in our systems. Strictly necessary cookies must be present for the Stingray Services to provide basic functions and could include signing in, adding items to a cart, or e-billing. They allow for a user to navigate back and forth between pages without losing their previous actions from the same session.

Non-essential Cookies

If you have consented to their use, Stingray and/or its third-party partners may also use non-essential Cookies in connection with the Stingray Services and the Stingray Messages, including the following:

• Functional Cookies. These Cookies enable the Stingray Services to provide enhanced functionality and personalisation. If you have consented to their use, functional Cookies allow the Stingray Services to remember the preferences and choices that you make including your username, region, and language.
• Social media Cookies. If you have consented to them, we use social media Cookies such as the Facebook pixel to provide you with personalised offers, to measure, optimize and build audiences for advertising campaigns served on social media platforms. The Stingray Services may also use Cookies for sharing content with social media (such as Facebook, LinkedIn, Twitter and Instagram). Using the share buttons will set a Cookie to link the content viewed on our website to your user account with such networks, if any.
• Advertising Cookies. If you have consented to their use, we use advertising Cookies to gather information from you on your devices to display advertisements to you based on relevant topics that may be of interest to you. Also, our partners may use these Cookies to determine whether our advertisements were displayed to you and whether you interacted with them. In such cases, our partners share data with us, including statistics about the performance of our ads. If you want more information about how to manage and/or disable Advertising Cookies, visit http://www.youronlinechoices.com/. You can also refuse the use of such Cookies by following the instructions listed below.
• Analytic Cookies. We use analytic Cookies to understand traffic patterns on the Stingray Services, to help measure and improve the effectiveness of the Stingray Messages and to determine whether such messages have been opened and links clicked on. These Cookies are used for statistical purposes only. All information these Cookies collect is aggregated and anonymous. To opt out of being tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout. You can also refuse the use of analytic Cookies by following the instructions listed below.

How to manage Cookies

Except for strictly necessary Cookies, we will only place Cookies on your devices if you consent to it, and such Cookies will be kept for a maximum period of thirteen (13) months from when they are placed on your devices. At the end of this period, your consent will be required again.

Cookies can be managed and/or disabled through your browser’s Cookie settings, mobile device’s advertising settings and, in the case of the Stingray Messages, through the Preference Center. Social media Cookies (“plugins”) can also be managed by consulting the following networks’ policies:

• Facebook: https://www.facebook.com/policies/cookies/
• LinkedIn: https://fr.linkedin.com/legal/cookie-policy
• Twitter: https://support.twitter.com/articles/20171379
• Instagram: https://www.facebook.com/policies/cookies/

However, if you refuse Cookies, you may not be able to use all the features of the Stingray Services and the Stingray Messages, and you will still be served with advertising, but such advertising will no longer be as tailored to you.

If you want more information about how to manage and/or disable non-essential Cookies, please visit http://www.allaboutcookies.org/manage-cookies/, and http://optout.aboutads.info/?c=2&lang=EN.

HOW DOES STINGRAY PROVIDE ONLINE ADVERTISING?

With the use of Cookies, questionnaires or with mobile advertising identifiers

Stingray and its third-party partners may collect your Personal Information to provide advertisements about goods and services likely to be of interest to you, including advertisements about specific Stingray Services. Such Personal Information is collected: (i) with social media Cookies and/or advertising Cookies as set forth above in the Section “How Does Stingray Use Cookies?”; (ii) directly from you when completing a survey, filling in a questionnaire or consenting to receiving the Stingray Messages.

Depending on the preferences that you have expressed on your mobile devices, Stingray and its advertising partners may also use your mobile advertising identifier to target and measure the effectiveness of their advertising campaigns. In iOS, this identifier is called “IDFA” (ID for Advertising); in Android (Google Play), this identifier is called “AAID” (Android Advertising ID). You can access and reset your mobile advertising identifier or limit its use through the settings on your mobile devices’ operating system.

In no event will Stingray permit advertising directed at children where it has actual knowledge that the user is under the age of 13. To learn more about Stingray’s advertising practices, please contact Stingray as set forth in the Section “How to Contact Us?”.

Do Not Track

Web browsers can transmit Do Not Track (“DNT”) signals that indicate that a user does not wish to have his/her activity tracked over time and across websites. Currently, no universally accepted standard exists for how to interpret such signals, although work to create consensus is ongoing. Accordingly, and because Stingray does not track its users over time and across third-party websites, Stingray does not respond to such DNT signals.

WHERE IS YOUR PERSONAL INFORMATION STORED AND TRANSFERRED?

Your Personal Information may be held by Stingray in locations other than your province, territory, state, or country of residence, including in Canada (including in the provinces of Quebec and Ontario), the United States and/or the United Kingdom. Stingray may also subcontract processing to or share your Personal Information with third parties located elsewhere, including locations other than your province, territory, state, or country of residence. In such case, Stingray will ensure that your Personal Information is transferred to countries that have received an adequacy decision from the competent authority, or that your Personal Information is adequately protected by appropriate technical, organizational, contractual, or other lawful means. If you would like to obtain more information on these security measures, please contact Stingray as set forth in the Section “How to Contact Us?”.

WHAT ARE YOUR RIGHTS?

Depending on applicable laws, you might have the right to have your Personal Information deleted, the right to obtain access to, or rectification of your Personal Information, the right to withdraw your consent (if any), the right not to be discriminated against, the right to object to the use of your Personal Information by Stingray, or the right to receive a copy of all Personal Information that Stingray has about you in a structured, commonly used and machine-readable format. To exercise any of these rights (to the extent available), please contact Stingray as set forth in the Section “How to Contact Us?”.

HOW TO CONTACT US?

If you have questions about the privacy aspects of the Stingray Services or the Stingray Messages, would like to know more about Stingray’s legitimate interests, make a complaint or exercise any of the rights made available to you according to applicable laws, please do so through the “Contact Us” section or link on the Stingray Services, when such link is available, or please contact our Data Protection Officer as follows:

• If you are located in America: Customer Support re Privacy, Stingray Group Inc., 730 Wellington Street, Montreal, Quebec, Canada H3C 1T4, tel: 1-514-664-1244, fax: 1-514-664-1143, e-mail: privacy@stingray.com.
• If you are located in Europe or in the rest of the world: Customer Support re Privacy, Stingray Digital International Limited, 101 Queen Caroline Street, London W6 9BN, United Kingdom, tel: +44 (0) 208 237 1197, email: privacy@stingray.com.

Your request may be accepted or denied by Stingray based on the applicable laws. Stingray will take prompt corrective action when it learns of any failure to comply with this Privacy Policy. Stingray shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

You may file a complaint with a competent authority at any time if you believe that Stingray is not processing your Personal Information in a manner that is compliant with this Privacy Policy or with the applicable laws.

CHANGES TO STINGRAY’S PRIVACY POLICY

Stingray frequently revises this Privacy Policy to keep it up to date with applicable legislation and its operations. If material changes are made to the Privacy Policy, then update notices (such as online notices or emails) may be used to alert you of such changes. Otherwise, the posting of the revised Privacy Policy on the Stingray Services shall be considered sufficient notice to you, and by continuing to use the Stingray Services or the Stingray Messages, or by submitting Personal Information to us, you are consenting to any changes to our Privacy Policy.

Unless stated otherwise, Stingray’s current Privacy Policy applies to all Personal Information that Stingray has about you, and Stingray Group Inc. is the data controller for the purposes of the Personal Information processed under this Privacy Policy by or on behalf of Stingray.

Last update: July 23, 2021.