Syncspace.Live Privacy Policy

Last Updated: January 15, 2021

Creativity at Scale Inc. d.b.a. Syncspace.Live, and its affiliates or corporate partners, (“Syncspace.Live” or “we“/”our”), collect, use, and disclose Personal Information in compliance with Canadian and applicable laws when providing services to our users or individuals who reach out to us (together, “you” or “your”).  Along with our Terms of Service and Acceptable Use Agreement, this Policy serves to let you know how we collect, use, and disclose your personal information.

1. What is Personal Information?

Within this policy, Personal Information is defined as any factual or subjective information, recorded or not, about an identifiable individual or which may allow an individual to be identified.  For instance, personal information includes age, name, photograph/likeness, ID numbers, income, ethnic origin, blood type, opinions, evaluations, comments, social status, disciplinary actions, employee files, credit records, loan records, and medical records.

We are responsible for the Personal Information that we possess or control. We maintain internal practices to protect personal information and have appointed a Privacy Officer to oversee privacy matters.

The following Privacy Policy is divided into several sections for ease of navigation. We understand that not everyone is well-versed in typical legal contract language, so after each section we have provided a plain-language summary that outlines what each section means in easy-to-read terms. Please note that these plain-language summaries are intended for convenience only, and do not in any way alter the terms outlined in each section of this Policy.

2. When does this Privacy Policy apply?

This Privacy Policy applies to the Syncspace.Live Platform (“Platform”) and our related Websites, and specifically to the collection, use, storage, disclosure, access, and processing of your Personal Information.

Summary: Our platform collects certain Personal Information from you, and this Privacy Policy outlines what we collect, and how we use it.

3. What Personal Information do we collect ?

When you register for an account on the Platform, the types of personal information we collect about you or have access to include:

• Name;
• Username;
• Profile picture (if you provide one);
• Address (for billing purposes);
• Email;
• IP address;
• Payment information; and
• Any other information that we need for providing services to you

When you appear as an artist in a performance that is produced and broadcast by Syncspace.Live and for which we will sell tickets, we may collect still images, video excerpts, and audio excerpts to use on our website for promotional purposes. We will obtain your consent prior to using any video or audio excerpts on our Platform.

We do not use systems that make autonomous decisions with your Personal Information.

If you have reached out to us for employment opportunities, we collect personal information including your name, address, telephone number, date of birth, social insurance number, banking information, benefit information, emergency contact information, resume, reference letters, and/or police record or RCMP record checks.

We also collect information through e-mail communications and your use of our websites located at https://syncspace.live/ (“Websites”). We collect this information to adjust our content, verify your credentials or authenticate you, and understand your preferences and online activities using Syncspace.Live.

Summary: We only collect the Personal Information we absolutely need to provide and improve the Platform, set up your account, process your subscription fees, and process payments to you of any proceeds you are entitled to under your subscription (for example, as a result of ticket sales to a performance). We will also obtain your express consent prior to sending you commercial electronic messages. We are not interested in using, sharing, selling, or accessing your Personal Information, and will not collect more than what we need to provide the service. If you contact us about a career, we will collect Personal Information from you for those purposes.

4. Why do we collect, use, and disclose Personal Information?

We collect, use, and disclose personal information to provide our Platform and enable performing arts ensembles to collaborate together and perform in real time, even if the ensemble members are in different locations. Our reasons for collection include:

• To establish and maintain relationships with you such as your subscriptions and performances;
• To contact you for evaluating our services or updating you on changes to our practices and procedures;
• To distribute publications, or updates to our mailing list subscribers;
• To detect and protect against error, fraud, theft, and other illegal activity; and
• As permitted by, and to comply with, applicable laws.

We only collect the necessary Personal Information that we need to provide the service, and retain it only as long as needed to perform the service or as required by law.

Summary: We collect your Personal Information because it is necessary for us to provide you with the Platform and related services, and to communicate with you regarding same.

5. What do we use your Personal Information for?

5.1 General account data

When you sign up for an account at https://syncspace.live/, we will collect general account data, including your first and last name, your band/group name (if any), your email address, your billing information (including your billing address), a photo (if you choose to provide one), and the password selected for your account. We use this information to ensure the Platform is working properly and for support purposes.

Summary: We collect only the information that is necessary for you to set-up an account on the Platform.

5.2 Payment Information

If you perform in a livestreamed broadcast as the leader of a performing arts ensemble produced and broadcast by Syncspace.Live for which we will sell tickets to attendees for a fee, we will collect from you your payment information such that we can facilitate the payment of your proportionate share of the proceeds from ticket sales.

Summary: We require your billing and payment information to process payments for your subscription, and for proceeds of ticket sales.

5.3 Location information

When you make a purchase on our Platform, our Websites will use the billing address you provide to calculate any applicable taxes that we are required to collect and remit to relevant tax authorities.

Summary: We will use your billing address when processing payments to calculate tax and to comply with tax obligations.

5.4 Emails and other communications

If you subscribe to any mailing lists at our Websites, we will send you emails to notify you of event of information about the Platform that we believe may be of interest to you.

We will also send you emails related to the administration of your account, such as a welcome email when you create your account, a confirmation email if you delete your account, emails if you forgot your password and need assistance changing it, or a reminder that your account may be deactivated after a period of inactivity.

Email Communications

We also send e-mails to the people in our contact database regarding updates to our services or practices.  Our e-mails contain opt-out features and instructions on how to unsubscribe. You can also send us an email to [email protected] to be removed from our contact list. You acknowledge that in some cases, we will need to authenticate you before processing the request.

Marketing Communications

We may use your Personal Information for marketing purposes to provide you with offers about our products and services. We will only send you communications related to marketing, offers, and/or special promotions if you have opted-in to receive such communications through our Websites.

If you consent to being contacted for marketing purposes, we will use your general contact information (5.1) and the usage data collected from the Platform to select which marketing information may be of specific interest for you. We might also send you promotional emails. At anytime you can opt-out from the use of your Personal Information for marketing purposes.

If you enter a contest, or competition we sponsor, we use your Personal Information to enable your participation.

Unsubscribe Requests

If you wish to unsubscribe from any of the above communications, please contact us at [e-mail]. By contacting us to unsubscribe, you acknowledge that we will retain your name and e-mail address on our “Do Not Contact” list to ensure that we respect your choice to withdraw your consent.

Summary: We will send you e-mail notifications regarding important updates, and will not send you any promotional messages or e-mails encouraging you to purchase our services unless you opt-in to receiving such messages. If you wish to unsubscribe from receiving e-mail notifications or promotional messages, we will keep some of your information on file so we do not accidentally contact you after you have unsubscribed.

5.5 Analytics

We may use your Personal Information collected through the Platform for analytical purposes to determine which features of the Platform are being used more than others, and to improve our services. We will always aggregate and de-identify any Personal Information or data (so that the data is not associated with an individual’s name or other personally identifiable information) collected through the Platform.

Summary: How our customers use and interact with our Platform is important to us. We use anonymous data related to your use of the Platform (what features are used more than others) to improve the services we offer.

5.6 Our Websites

Cookies

We collect personal information using cookies on our Website, which is hosted by DreamHost. This information is collected through our third-party e-commerce portal WooCommerce and is stored in an MySql database. Cookies are small files placed on your devices to track how you use our website. This helps us improve your user experience and save your preferences.

We use functional cookies that are required for to use the Platform including, but not limited to:

• third-party cookies to ensure safety and security;
• Google RECAPTCHA; and
• Stripe.

We also use optional cookies activated upon consent like Google Analytics (see our Third-Party Service Providers).

Some browsers can block cookies through your browser settings. Blocking cookies may affect the way our Websites works on your device.

Summary: We use cookies to anonymously gather data about users’ interactions with our Platform and website. We use this information to improve our services. You can block cookies if you wish in your individual browser settings; however, some features on the Platform may not work properly if cookies are disabled.

Online Communications

Our Websites allows you to submit information to us through our contact form. We use the personal information you provide only to address your question or inquiry.

Summary: You can use our contact page to contact us about any questions you may have, and we will use the information you provide to answer your questions.

Third Party Links

Our Websites contains links to other websites. Those other websites may also collect your personal information. We are not responsible for how those other websites collect, use or disclose your personal information. We strongly encourage you to review their privacy policies before providing them with your personal information.

Summary: We may include links to other sites on our website. We have no control over the content of those sites or how they collect and use personal information. You should read their privacy policies before visiting those sites.

Do Not Track

As there is no common industry standard for addressing Do Not Track (DNT) signals, we do not currently respond to browser DNT signals.

Summary: We do not respond to Do Not Track signals.

6. Legal Basis for Collecting and Processing Personal Information

In accordance with applicable privacy laws, Syncspace.Live has identified the following legal bases for the collection, storage, and processing of your Personal Information:

6.1    Performance of a contract: The majority of our processing activities are necessary for the provision of our services (legally: performance of our contract with you to provide services via the Platform. This applies to Sections 5.1, 5.2, and 5.6 above).

6.2    Consent: For payment information (section 5.2), and for marketing activities (Section 5.4) we require your prior explicit consent.

6.3 Legitimate Interests: The processing for analytical purposes (Section 5.5) is based on our legitimate interests.

6.4 Legal obligation: In some cases we process your Personal Information due to a legal obligation (for further information go to Section 8.1. below).

Summary: Privacy laws require us to have, and inform you of, the legal basis on which we process your data. Most of the Personal Information we collect from you is done so to fulfil our contractual obligations to you. When we ask for your payment information or to send you marketing communications, we rely on your consent. We process analytical data to improve our service based on our legitimate business interests. Sometimes we are legally required to process, retain, and disclose your Personal Information.

7. Who has access to your Personal information?

Only our employees have access to your Personal Information, and such access is restricted to only those employees who have a need to know and access such information. We have implemented steps to ensure security and limit access to personal information.

Some of our third-party service providers may also have access to your Personal Information that is being stored on their servers. We ensure that all of our service providers maintain comparable privacy protections and practices as those outlined in this Privacy Policy. Please refer to section 8.1 for further information regarding our third-party service providers.

8. Sharing of Personal Information

8.1 When do we share your Personal Information?

We will share your Personal Information in the following cases:

Legal obligation and internal purposes

We disclose your Personal Information (i) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal processes, including requests to meet national security or law enforcement requirements; (ii) in order to protect and defend the rights or property of us or third parties; or (iii) in an emergency, in order to protect the safety of our employees or any person.

Additionally, in the event that all or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation, or other similar corporate reorganization, your Personal Information may be part of the transferred assets. Where required by applicable law we will inform you about and ask for your permission for the transfer of your Personal Information.

Sharing with third parties

We engage third-party service providers for the provision of services or for the hosting and processing of Personal Information. These companies are only permitted to access, use, process, and disclose Personal Information on our behalf pursuant to our instructions. Our third-party service providers cannot use such data for their own purposes except as permitted by law. Some of our third-party service providers include:

• DreamHost;
• Google Analytics;
• Stripe (for processing payments); and
• PayPal (for processing payments)

Selling of Personal Information

We will not sell your Personal Information under any circumstances.

8.2 Can You Share Personal Information?

If you have subscribed to our Platform, the Platform enables you to not only collaborate with your fellow ensemble members, but also to broadcast/livestream your performance to an audience at a digital destination of your choice. If you choose to broadcast your performance, some Personal Information such as your image/likeness will also be broadcast. If you appear in a performance produced and broadcast by Syncspace.Live for which we will sell tickets, we may use your likeness or performance for promotional activity but only with your explicit consent.

Syncspace.Live may provide performing arts ensembles with the ability to broadcast their performance through third-party applications such as Facebook and YouTube. If we offer this service, and you choose to broadcast your performance on a third-party application, such broadcast will be subject to the terms and conditions of that third-party application. We do not control and do not assume any responsibility for the use of Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third-party apps and their providers.

9. Children’s Online Privacy Protection

We do not knowingly collect, maintain, or use Personal Information via the Platform about children or minors under the age of 18. The Platform is not intended for use by persons under the age of 18, and their request for accounts will be denied.

If you have signed up for an account as a teacher and provide your services through the Platform to individuals under the age of 18, you are responsible for obtaining any required parental or guardian consent. In that event, Syncspace.Live will not collect any Personal Information from such individuals.

If we become aware that a child under the age of 18 has sent Personal Information to us without prior parental or guardian consent, we will take immediate action to delete any Personal Information that has been collected.

Summary: We do not collect the Personal Information from people under the age of 18, and will delete any information that is mistakenly provided or collected. If you subscribe to the Platform to provide music lessons to persons under the age of 18, you must obtain the consent from that individual’s parent or legal guardian. In that case, we will not collect any Personal Information from your students.

10. How long do we store your Personal Information?

We will retain your Personal Information only as long as necessary to provide services via the Platform or as required by law, but in any event only as long as your account is active. For example, Canadian law requires us to retain financial information for 6 years. We may retain de-identified and anonymized data for analytic purposes for longer periods of time.

When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information obtained from the Platform from our systems (excluding any information we have de-identified).

However, to the extent necessary we may keep some of your Personal Information for legal reasons (e.g. tax law, the defense against, or the establishment of, legal claims, and in order to demonstrate that our processing complies with data protection law requirements). We also keep your opt-in or opt-out requests for marketing emails (even if such request is made in or through the Platform).

Summary: We will only keep your Personal Information for as long as we need it to provide you with the service. In some cases, we may be legally obligated to keep your Personal Information for longer periods of time.

11. What are your legal rights?

Syncspace.Live would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Syncspace.Live for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Syncspace.Live correct any information you believe is inaccurate. You also have the right to request Syncspace.Live to complete information you believe is incomplete.

The right to erasure – You have the right to request that Syncspace.Live erase your personal data, under certain conditions.

The right to withdraw consent – You have the right to, at any time, withdraw your consent for the processing of your Personal Information, under certain conditions.

The right to restrict processing – You have the right to request that Syncspace.Live restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Syncspace.Live’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Syncspace.Live transfer the data that we have collected to another organization, or directly to you, under certain conditions.

The right to be informed of a breach – you have the right to know when your personal information has been breached and there is a real risk of significant harm.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at [insert e-mail]. You acknowledge and agree that by contacting us to exercise any of these rights, you consent to the collection by us of certain Personal Information for the purposes of verifying your identity.

Summary: You have certain legal rights to your Personal Information, as outlined above. If you wish to exercise those rights, please contact is at [insert e-mail].

12. Security and Accuracy

We protect personal information in our files from loss, misuse, unauthorized access, and alteration using technical, physical and administrative methods.  We frequently monitor our systems to ensure we have implemented up-to-date and effective security measures. Only senior employees with a need-to-know and authorized back-end access to the Platform have access to your Personal Data. We ensure that all our employees have entered into agreements related to the protection and security of your Personal Information containing terms no less restrictive than the terms outlined in this Privacy Policy.

Some security measures we implement include:

• SSL encrypted secure communications using https;
• Encryption for payment information via third-party service;
• Recaptcha for verifying human users;
• High complexity passwords and regular password changes for user accounts;
• Server-side best practices for protecting against common hacks and attacks;
• Server-side secured end points preventing unauthorized user access; and
• Audit logs and monitoring setup for detecting suspicious behaviour.

When processing audio and video data (that does not contain Personal Information other than your likeness), no piece of audio or video data is recorded or stored in our servers in any way. Audio data is processed through our central server and is not encrypted. The video data, which may contain your likeness, is encrypted and does not flow through our servers. It flows directly between your computer and those of your ensemble, and our servers facilitate that connection.

Syncspace.Live uses open source software licenses to provide the Platform, and currently do not have password capability for each specific syncspace that you may use as part of your subscription. To avoid issues such as uninvited individuals joining your syncspace, the identity of each Syncspace.Live room is provided a unique identifier which contains more than 67 trillion possible combinations to ensure room security.

However, you acknowledge that no one security system is impenetrable.  By sharing your personal information with us, your personal information may be at risk if someone breaches our systems.  In such cases, we will notify you as soon as is feasible if it is reasonable to believe that the breach created a real risk of significant harm to you.

We try to ensure that personal information we have on file is accurate.  We encourage you to contact us to update your personal information where you are aware our records are incorrect.

For more information on our security measures or records, please contact us at [email protected].

Summary: We try our best to keep your information secure, and have put in place appropriate measures to protect against unauthorized access and disclosure. However, we cannot guarantee that we will be 100% secure, and there are inherent risks in providing your Personal Information over the internet. We will inform you of any security breaches if, as a result, there is a reasonable risk of significant harm to you.

13. Changes to this Privacy Policy or how we use/process Personal Information

This Privacy Notice is effective as of [date].  We review this Privacy Policy annually and may amend it from time to time in accordance with relevant changes to applicable laws. We will notify you of material changes to our Privacy Policy by posting a prominent notice on the Platform, or by sending you an email or a notification informing you of such changes, and requesting your acknowledgement to be bound by its terms. If the purposes for which we collect and use your Personal Information changes, we will notify you and provide you with the opportunity to opt-out of our use of your Personal Information for that purpose.

Summary: We review and update this policy each year to ensure we comply with any changes to applicable privacy law. We will let you know if there are any significant changes being made to our Privacy Policy, or how we collect and process your Personal Information by posting a notice on the Platform or via e-mail.

14. Who we are and how to contact us

The Platform is provided to you by Creativity at Scale Inc. d.b.a. Syncspace.Live.

Please contact us if you wish to opt-out of marketing notifications or emails or if you want to exercise your further rights via email at [email protected].  Please also contact us at this address if you have any questions regarding privacy and data protection in connection with the Platform.

Summary: Please feel free to contact us if you have any questions regarding your Personal Information.

15. Challenging Compliance

Syncspace.Live will respond to questions we receive about this Policy and our legal compliance. We will investigate all challenges and attempt to resolve all complaints. If you feel we have not met our legal obligations under this Policy or applicable laws, please contact our Privacy Officer at [email protected]. Following our investigation, we will decide whether to update our policies and practices as necessary.

If you are unsatisfied with our responses, you may at anytime consult the relevant government privacy office based in your province, state or country.

In Canada you may contact:

• If you are in Ontario: https://www.priv.gc.ca/
• If you are in Quebec: https://www.cai.gouv.qc.ca

Summary: You have the right to challenge our compliance with applicable Privacy Laws. We encourage you to contact us regarding any questions or concerns that you may have regarding this Policy. If you feel your rights have been violated or that we have not met our obligations, you may contact our Privacy Officer to register a complaint, as well as the relevant Data Protection Authorities in your jurisdiction.