Privacy Policy

NEXT SONG (“NS”) is a wholly owned property of MUSIC AUDIENCE EXCHANGE, INC., a Delaware corporation (“MAX”). This document acts as our official Privacy policy for services and products used or provided by MAX through NS (“Site”).

We at MAX know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the “Services” (as defined by the Terms of Use) in any manner, you acknowledge that you accept the practices and policies outlined in the Terms of Use and this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of MAX's Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of information that we gather when you are accessing or using our Services, but not to the practices of companies we don't own or control, or people that we don't manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@musicaudience.net.

Will MAX ever change this Privacy Policy?

We're constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the Site, by sending you an email, and/or by some other means. In any event, your use of the site will constitute your acceptance of any changes to this Privacy Policy. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. We encourage you to check this Privacy Policy and our Terms of Use frequently for updates.‎ If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

What Information does MAX Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect information by which you may be personally identified, such as your name, email address, phone number, zip code, third-party account credentials (for example, your log-in credentials for Facebook or other third party sites), and Third Party Account Information (as defined below) (“Personal Information”). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. For example, you may provide us with read access to your Spotify account which will cause information from Spotify to be shared with us, including your name and username, your profile picture, how many followers you have on Spotify, and your public playlists. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you've provided us the means to do so. For example, if you've given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us or promotional email offers on behalf of other businesses, please indicate your preference by emailing us at privacy@musicaudience.net.

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, information received from web beacons, embedded scripts, browser fingerprinting, iBeacons, ETags (or ‎‎“entity tags”), ‎the type of browser and/or device you're using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device's acceptance of cookies, but this may prevent you from taking advantage of some of our features. Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we do not control and aren't responsible for their privacy policies and practices. We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible. This data does not aim to identify you personally; it simply enables us to compile statistics about our visitors ‎and their use of the‎ Services.

Analytics Services and Targeted Ads

Our Services use third-party analytics services, including, but not necessarily limited to, Google Analytics. ‎These services may track details about your online activities over time and across different sites. ‎These services help us to improve our Services. These services may also allow us to ‎provide you with targeted advertisements or other content that you may be interested in based on ‎your online activities. You can learn more about Google Analytics and your choices at this link. If you would like to learn more ‎about targeted ads that may be based on your online activities (and the choices that you may ‎exercise for certain sites and advertisers) you may wish to visit the Network Advertising Initiative or ‎the Digital Advertising Alliance Web sites. In addition, you may prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link.

Do Not Track

Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit. ‎‎Currently, we do not monitor or take any action with respect to Do Not Track technology. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

Will MAX Share Any of the Personal Information it Receives?

We may share your Personal Information with third parties as described in this section:

Information that's been de-identified. We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience.

Merchant Partners, Artists, and Advertisers: We allow advertisers, artists and/or merchant partners (“Partners”) to choose the demographic information of users who will see their advertisements and/or promotional offers and we may provide information we have collected from you to such Partners, in two different formats.

First, we may provide any of the information that we have collected from you in non-personally identifiable form to a Partner, in order for that Partner to select the appropriate audience for those advertisements and/or offers. Or, we might allow Partners to display their ads to users with similar usage patterns to yours. Note that if a Partner asks us to show an ad to a certain audience or audience segment and you respond to that ad, the Partner may conclude that you fit the description of the audience they were trying to reach.

Second, if you have provided us with an email address, we may provide that email address (along with your name) to a Partner, who may send you promotional offers directly, for products or services they believe you may be interested in. Or, for example, if you have provided us with an email address as part of an artist-specific interaction with the Services, we may provide that email address to the artist, who may add you to their mailing list. We do not give Partners the right to share your personal information with third parties.

Also, we may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don't control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses: In certain situations, businesses or third party websites we're affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account; for example, posting your MAX playlist to your Spotify account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business' or websites' policies.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. For example, sometimes a third party may have access to your information in order to support ‎our information technology or to handle mailings on our behalf.‎ Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third party site or service.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of MAX and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; protect the rights, property, or safety of MAX, our employees, our users, or others or to interact with anti-fraud databases, protect your vital interests, or protect the security or integrity ‎of our databases or the‎ Services.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. The security measures in place on the Website and computer systems aim to protect the loss, misuse ‎or alteration of the information you provide to us.‎ If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy and security of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete, information you've provided to us including, for example:

name and password

email address

user profile information, including images and files you have uploaded to the site

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@musicaudience.net. Upon receipt of your request and enough information to permit us to identify you, ‎we will correct or amend any ‎information that is inaccurate and notify any third party recipients of the necessary changes.‎

Your California privacy rights

We may from time to time elect to share certain information about ‎you collected by us on the Services ‎with third parties for those third parties' direct marketing purposes. California Civil Code Section ‎‎1798.83 permits California residents who have supplied personal ‎information, as defined in the ‎statute, to us to, under certain circumstances, to request and obtain ‎certain information regarding ‎our disclosure, if any, of personal information to third parties for their ‎direct marketing purposes. If ‎this applies, you may obtain the categories of personal information ‎shared and the names and ‎addresses of all third parties that received personal information for their ‎direct marketing purposes ‎during the immediately prior calendar year (e.g. requests made in 2019 will ‎receive information ‎about 2018 sharing activities) or to request to opt-out of such future sharing. ‎To make such a ‎request, please provide sufficient information for us to determine if this applies to ‎you, attest to the ‎fact that you are a California resident and provide a current California address for ‎our response. ‎You may make this request in writing at‎ privacy@musicaudience.net.

The California Consumer Privacy Act (CCPA) provides California residents with certain rights regarding the collection and use of their Personal Information. We operate as a service provider with respect to our Partners that utilize the Services and that are subject to the CCPA. In those instances, we collect your Personal Information on such Partners' behalf, and we only use your Personal Information for the specific purposes of providing the Services to such Partners. To fulfill these purposes, we may access your Personal Information to provide our Services, to address technical or other service problems, or to comply with the instructions of our Partners on whose behalf we collected your Personal Information. We do not access, retain, use, or disclose your Personal Information for any other purpose.

California Residents who wish to exercise their rights under the CCPA to access, delete, or opt-out of the sale of their Personal Information should submit their request directly to the Partner on whose behalf we collected your Personal Information. You may contact us to request information about the Partner on whose behalf we collected your Personal Information by emailing privacy@settheset.com. We are committed to supporting our Partners as needed in responding to your requests under the CCPA.

What other information should I know if I live in the European Economic Area?

This section of this Privacy Policy applies only if you use the Services from a country that is a Member State of the European Economic Area, and supplements the information in this Privacy Policy.

We process personal data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process personal data includes processing that is: necessary to offer the Services that you request to use (for example, to provide you with the features and products you request and to identify and authenticate you so you may use the Services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Services provided to you); and based on consent by our customers (for example, to communicate with you about our products, features, and Services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or by contacting us with a request to update your preference settings by emailing privacy@musicaudience.net) without affecting the lawfulness of processing based on consent before its withdrawal.

If you are from the European Union or the United Kingdom, upon request, free of charge, you have the right to:

access and obtain a copy of the personal information we hold about you;

obtain information about the purposes for which we process your personal information and the categories of personal information concerned;

obtain information on the recipients or categories of recipients (including international recipients) to whom your personal information has been or will be disclosed;

transfer of your personal information from us to another data controller;

in certain circumstances, erasure of all personal information we hold about you;

lodge a complaint to the supervisory authority in your jurisdiction in respect of our collection or use of your personal information; and

withdraw your consent to our collection, use, storage, and dissemination of your data at any time.

You can exercise your right at any time by emailing privacy@musicaudience.net.

We may use automated decision making technologies, including profiling, to support our data processing activities. Our automated decision making capabilities include logic that attempts to identify products, offers, features or other services that we believe may interest you. By using this logic, it helps us personalize your interactions with MAX and our Partners. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity with our Services or interactions with MAX or Partners or Affiliated Businesses.

In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you with functionality of all the features of the Services.

International and cross-border transfers

The Services are controlled and operated from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your personal information, is governed by the laws of the United States, and the Services are not intended to subject MAX or any of its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Links to other websites

The Services may contain hyperlinks to websites that are not operated by us. These hyperlinks are ‎provided for your reference. We do not control these ‎websites and are not responsible for their data or privacy practices. We urge you to review any ‎privacy policy posted on any site you visit before using the site or providing any Personal Data ‎about yourself.‎

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account or after deletion of your account entirely, and we may continue to use and disclose such information as set forth in this privacy policy. We may also use any aggregated data derived from or incorporating your Personal Information after you update or delete it.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@musicaudience.net we will try to resolve your concerns.