AirGigs LLC Privacy Policy

Updated: October 31, 2023
 
AirGigs LLC (“AirGigs” “we,” “us,” or “our”) was formed to create a community for music creators, producers, session musicians, audio engineers, recording studios, and multimedia professionals to gather in a marketplace platform fully dedicated to music production. We created this privacy policy (“Privacy Policy”), effective as of October 31, 2023, because we know that you care about how information you provide to us is collected, used, and shared. This Privacy Policy relates to the information collection and use practices of AirGigs in connection with our online services (the “Services”), which are made available to you through our website located at AirGigs.com (the “Site”).
 
While our Site is not intended for use by children, we are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). We recommend that parents discuss with their children restrictions regarding the online release of Personal Information (as defined below) to anyone they don’t know.
 
Effective May 25th, 2018, if you are from the European Economic Area ("EEA"), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation ("GDPR").
 
By visiting our Site and/or using our Services, or by permitting your child to use our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.
 

1. INFORMATION COLLECTION

Personal Information
 
We do not collect any personal information from you unless you voluntarily provide it to us. When you sign up to become a user of the Site (a “User”), you will be asked to provide us with certain personal information, such as your first name, last name, address, applicable tax ID, and email address. In this Privacy Policy, we refer to this information and other information collected about you as “Personal Information.” In addition, in order for you to best utilize our Services, you may wish to include other types of information, including your studio/business name, resume/CV, service listing, business address, business phone number, media (audio, video, images, and other digital materials), interests, and any other types of information that you may provide.
 
We may require Users to undergo an identity verification procedure in order to reduce any risk to other users and to help keep the Site and Services safe and functional. We currently use a third party, www.withpersona.com, to assist with identity verification. This identity verification process may include acquiring biometric scans and data, geolocation data, demographic data, current and previous name data, government documents, and audio, video, and photos of you, all or some of which may be shared with us. We are not responsible for and expressly disclaim any liability of any kind or nature in connection with their services. Please familiarize yourself with their Privacy Policy, which is available at https://withpersona.com/legal/privacy-policy.
 
We do not permit access to or use of our Services by children under the age of 18, and we do not collect any Personal Information from Users under the age of 18. If you are a User under the age of 18, please do not send any Personal Information to us or use our Services. If we learn we have collected Personal Information from a User under the age of 18, or if we learn a User under the age of 18 has provided us Personal Information, we will delete that information as quickly as possible. If you believe that a User under the age of 18 may have provided us Personal Information in violation of this Privacy Policy, please contact us at help@airgigs.com.
 
Usage Information
 
Like most websites, we use automatic data collection technology when you visit the Site to record information that identifies your computer, to track your use of our Site, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Site and the Services (the “Usage Information”).
 
We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still visit the Site, but may not be able to use some areas of the Site and/or the Services.
 
As part of the Usage Information, we also collect data regarding the device you’re using on the Site, including type of device, operating system, settings, unique device identifiers, and crash data. This information enables us to troubleshoot in the event that aspects of the Site break or malfunction. Whether we decide to collect this information, if any, often depends on what type of device you’re using and its settings. To learn more about the information your device makes available to us, please read the policies of your device manufacturer or software provider.
 
We do not collect Personal Information in this way, but if you’ve provided us with Personal Information, we may associate that information with the information that is collected automatically. Automatic data collection may be performed on our behalf by our services providers.
 

2. USE OF INFORMATION

We may use your Personal Information and Usage Information in a manner that is consistent with this Privacy Policy and the context of our relationship with you. We will use your Personal Information and Usage Information collected through the Site for the following purposes:
 
  • To identify you when you sign into your account;
  • To respond to your requests and to provide you with the Services;
  • To process payments for purchases through the Site;
  • To respond to your inquiries and comments, as well as to contact you about changes to the Site and/or the Services;
  • To notify you about communications from other users or perspective employers, technical notices, updates, security alerts, support and other administrative notifications.
  • To send you notices (for example, in the form of emails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
  • To send you information we think you may find useful or that you have requested from us;
  • To display information to advertise Seller’s services on the Site;
  • To enhance and improve the Site or the Service, such as through personalized features and content;
  • To allow you to share use of the Service through third-party social media platforms;
  • To analyze the use of the Site and the Service and the people visiting to improve our content and Site and the Service;
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law;
  • To perform accounting and administrative tasks;
  • For any other purposes disclosed at the time the information is collected or to which you consent; and
  • As otherwise specifically described in this Privacy Policy.
AirGigs reserves the right to retain and use any photograph, audio, video, or other media submitted by you to sell Services on the site. We also reserve the right to use your feedback and reviews published on the Site. Our use of such material is consistent with the restrictions on disclosure of Personally Identifiable Information. We further reserve the right to monitor, edit, and/or restrict any messages, photographs, or media that are posted on the Site.
 

3. DISCLOSURE OF INFORMATION

We do not disclose your Personal Information to third parties for their direct marketing purposes. We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.
 
If AirGigs or all or substantially all of our assets are acquired, either by merger, acquisition, bankruptcy, or other sale of all or a portion of our assets or the business, we reserve the right, as part of this type of transaction or event, to transfer or assign your information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity or acquirer, as applicable.
 
We may disclose your Personal Information and Usage Information to government authorities and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We may also disclose your Personal Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of this Site, or anyone else that could be harmed by such activities.
 

4. REGISTRATION, ACCOUNT SET UP, BUYING & SELLING SERVICES:

In order to use the Services, you need to provide us with Personal Information. You may review, change, or remove the Personal Information from your account settings, or by contacting us at help@airgigs.com. You need to provide this information to enable us to provide you with the Services provided by the Site. AirGigs may contact you confidentially in the event we may need additional information from you in order for us to provide a particular service such as processing requested Services or setting up your Account on the Site.
 
Once you register, your username, display name, and any other identification information you add or upload to your profile and/or service listing is made public and visible on the Site. This information includes, without limitation, media, service listing(s), biography/CV, musical gear, devices, equipment, ratings, and additional information you may choose. For the avoidance of doubt, this information shall not include any information shared via the AirGigs’ inbox or order pages, including direct messages and file attachments. This type of information is not public and not subject to disclosure. AirGigs may contact you confidentially to request more information about the services listed in the AirGigs marketplace, or to ensure compliance with our Terms of Use and any applicable laws or regulations.
 

5. EDIT/REVIEW/TRANSFER/ACCESSIBILITY AND DEACTIVATION OF PERSONALLY IDENTIFIABLE INFORMATION

 AirGigs allows you to review, update, and edit your Personal Information after your initial registration to the Site. If you request to access the information or to receive a copy of the information that has been collected on the Site, it will usually take us at least 30 days to comply with such request. AirGigs, upon request, may also transfer the information you provided to us to another organization of your choosing, if that transfer is technically feasible. Please email help@airgigs.com for these specific requests.
 
Upon your specific request, AirGigs will deactivate your account and remove it from our active database. Upon receipt of such request, we will deactivate your user account as soon as reasonably possible in accordance with our deactivation policy and any applicable law. We will maintain a record of information in our database that you may have requested us to remove that in our discretion is necessary for us to resolve any disputes, correct problems, comply with legal or regulations requirements or enforce the Terms of Use Agreement. Please email help@airgigs.com to begin the deactivation process.
 

6. EUROPEAN PRIVACY RIGHTS

We recognize and will comply with certain data protection laws in accordance with the European Union’s General Data Production Regulation (“GDPR”). Users who are located in the EU have the following rights, including:
 
Right of Access. You have the right to request from AirGigs: a “data controller” as defined under the GDPR, the Personal Information we gather about you including information about the sharing, storage, security, and processing of that information. You further have the right to transmit this information to another third party.
 
Right of Correction. You may have the right to access, update, and correct inaccuracies in certain of your personal data in our custody and control, subject to certain limitations as provided by law. You may request to access, update, and correct inaccuracies in personal data we have in our custody or control by writing to us at help@airgigs.com. We may request certain personal information for the purposes of verifying your identity in order to request certain information records.
 
Right of Erasure. You have the right to request that your personal information be erased from our possession (subject to certain limitations under the applicable law). If we are required to comply with your request, upon deletion of your information you may be prevented from using our Services on the website.
 
Right to Object and Complain. Subject to limitations as provided in the GDPR, you have the right to object to how and why your Personal Information is used and processed. You further have the right to complain to the appropriate supervisory about our handling of your personal information.
 
Right to Restrict Processing. Subject to limitations as provided in the GDPR, you have the right to request restriction of how and why your Personal Information is used and processed.
 
If you have questions about exercising these rights or need assistance, please contact us at help@airgigs.com.
 

7. CALIFORNIA CONSUMER PRIVACY ACT

Whether or not we are subject to the California Consumer Privacy Act (“CCPA”), AirGigs strives to meet or exceed those privacy protections in regard to the Personal Information of our California consumers (“Consumers”). To the extent of any conflict between this Section 7 and the rest of our Privacy Policy, this Section 7 shall control only with respect to Consumers and their Personal Information. Pursuant to CCPA, “personal information” includes:
 
  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers;
  • Characteristics of protected classifications under California or federal law;
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Biometric information;
  • Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement;
  • Geolocation data;
  •  Audio, electronic, visual, thermal, olfactory, or similar information;
  • Professional or employment-related information;
  • Education information, defined as information that is not publicly available personally
  • identifiable information (PII) as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99); and 
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
 
Consumers’ CCPA Rights
 
Access
 
You may request access to the personal information that we have collected and maintained about you (along with information regarding its use and disclosure) over the past twelve (12) months upon appropriate verification. You may make such requests no more than twice (2) per every twelve (12) months.
 
Deletion
 
You have the right to request us to delete personal information collected and maintained about you, subject to certain exceptions. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your personal information accordingly. Your request to delete your personal information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA. Please note that a record of your deletion request may be kept in order for us to comply with our legal obligations.
 
Correction
 
You have the right to correct inaccurate personal information which we have on file about you.
 
Limitation
 
You can direct us to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.
 
Exercising Your Rights
 
To exercise the access and deletion rights described above, please submit a request to us by either:
 
Emailing us at help@airgigs.com
 
Calling us at 800-641-2545.
 
Please note that Consumers have a right not to be subjected to discriminatory treatment for the exercise of their rights under the CCPA.
 
Verifying Your Request
 
Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information under CCPA. In the case of access to and deletion of personal information, we must be able to verify your request before we can fulfill such request. This will require you to provide sufficient information for us to reasonably verify that you are either the person about whom we collected personal information or a person authorized to act on your behalf.
 
Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or inherently unfounded.
 

8. HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, email sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via email.
 

9. YOUR CHOICES 

If you wish to stop receiving promotional emails, you may do so by emailing help@airgigs.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email. You may also object to the use of your Personal Information or limit the way that the information is utilized. Please note that while you have the right to object to the use and/or the degree of how your information is used, that request may severely limit the Service that is provided by this Site.
 

10. LINKS

The Site may contain content, services, advertising, and other materials that link to websites operated by third parties. We have no control over those other sites, and this Privacy Policy does not apply to them. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use your Personal Information.
 

11. IMPORTANT NOTICE TO USERS OUTSIDE THE U.S.

The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site or the Services, you consent to this transfer and accept the terms of this Privacy Policy.
 

12. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
 

13. DISPUTE RESOLUTIONS/COMPLAINTS

Any dispute or claim that arises from the use of the Site or this Privacy Policy shall be resolved in accordance with the Terms of Use Agreement.
 

14. HOW TO CONTACT US

If you have questions about this Privacy Policy, please email us at help@airgigs.com, with “PRIVACY POLICY” in the subject line, or mail us at the following address: AirGigs LLC, 504 Ocean Avenue #510022, Melbourne Beach, Florida 32951.