Privacy Policy
Monstercat Inc. (“Monstercat” “we” or “us”) is the owner and operator of our website (the “Website”) and the provider of the Services (as defined in our Terms of Service). Monstercat respects your privacy, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the Website and use the Services. The Policy is only applicable to the Website and our Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service. BY ACCESSING THE WEBSITE, UTILIZING ANY OF THE SERVICES AND/OR PURCHASING ANYTHING ON THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Section 1 - Our Use Of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: (a) provide the Services and customer support for your requests; (b) troubleshoot problems and prevent potentially prohibited or illegal activities; © customize, measure and improve our Services, content and advertising; (d) tell you about our Services, targeted marketing, service updates, and promotional offers based on your communication preferences; (e) monitor and enforce our Terms of Service; (f) ensure the fulfillment of any purchases made through the Website; (g) screen Website activity for potential risk or fraud; (h) communicate with users of the Website about products and/or services they may be interested in; (i) verify your eligibility to use the Website; and (j) any other reason permitted under applicable laws.
Section 2 -types Of Information Collected
Personal Information
When you fill out a form, purchase something on the Website, email us directly or sign up for a service, Monstercat may ask you for some or all of the following types of information which may be identifiable to you when you access various content or features on the Website, or directly contact the Website: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself if we have reason to believe, in our sole discretion, that you may be violating Website policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to Monstercat.We collect and store all Personal Information you submit to us voluntarily through registering with us or uploading or posting content through the Website or Services. We will not disclose, trade, rent, sell or otherwise transfer your Personal Information, without your consent, except as otherwise set out in this Privacy Policy.
We may also receive information about you from other sources, including third parties, such as music service partners, partners with whom we offer co-branded services or engage in joint marketing activities and social media platforms. We protect data obtained from third parties according to the practices described in this Policy and we also apply any additional restrictions imposed by the source of data.
Non-Personal Information
In general, you can visit the Website without telling us who you are or submitting any Personal Information. However, we and/or our service providers collect IP (Internet protocol) addresses from all visitors to the Website and other related information such as page requests, browser type, operating system and average time spent on the Website. This information is used to help us understand the Website activity, and to monitor and improve the Website.
Cookies
The Website uses a technology called ‘cookies’. A cookie is a tiny element of data that the Website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We use cookies on the pages on the Website where you are prompted to log in or that are customizable. If you have a registered account on the Website, these cookies (1) may let us know who you are, (2) may be necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our service providers with information that we will use to personalize the Website in accordance with your preferences. We also use cookies to help us understand the Website activity, to improve the Website and provide better customer service.
You may set your web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from the Website, you may not be able to take advantage of all of the features of the Website. Some browsers offer a “Do Not Track” (“DNT”) signal whereby you may indicate your preference regarding tracking and cross-site tracking. Although we do not currently employ technology that recognizes DNT signals, we will only process your personal data in accordance with this Policy. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent use of the Services. Persistent cookies can be removed by following your web browser’s directions for removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the Service may not function properly if cookies are disabled.
Generally, our cookies perform up to three different functions:
Essential cookies. Some cookies are essential for the operation of the Website. If you opt to disable these cookies, you will not be able to access or use all of the features that the Website incorporates.
Performance Cookies. We utilise other cookies to analyse how our visitors use the Website and to monitor performance. This allows us to provide a high quality experience by customising our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages.
Functionality Cookies. We use functionality cookies to allow us to remember your preferences, such as your customisation preferences.
Targeting Cookies. We use targeting in order to be able to deliver targeted advertising.
We do use or allow third parties to serve cookies that fall into the four categories above. For example, like many companies, we use third party analytic tools such as Google Analytics, to help us monitor our traffic. We may also use third party cookies to help us with market research, improving site functionality and monitoring compliance with our applicable policies.
As we have explained above, cookies help you to get the most out of the Website. However, if you do wish to disable cookies then you can do so by amending the settings within your browser or mobile device. Please remember that if you do choose to disable cookies, you may find that certain sections of the Website do not work properly.
If you have any queries or comments regarding the use of cookies on our website, please contact us by email at [email protected]
Web Beacons
The Website may employ a software technology called ‘tracer tags’ or ‘web beacons’ (also known as web bugs, clear gifs or pixels). This technology allows us to understand which pages you visit on the Website and tracer tags are used to help us optimize and tailor the Website for you and other future visitors to the Website. This help us understand what content is effective, for example by counting the number of users who have visited these pages, and to understand usage patterns. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to let us know when content is viewed. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded on web pages, ads, and e-mail. We, or our third-party partners, may tie the information gathered by web beacons to the other information we collect about you.
Social Media plug-ins
We may also use so-called “social media plug-ins” on our Website from organizations such as Facebook, Google/YouTube, Instagram, Twitter TikTok and Twitch. Pages of a website that contain such a social plug-in, allow the user’s browser to connect directly to the social media organization’s servers. Via such plug-ins, social media organizations may receive the information that you have visited our Website even if you do not have a profile or are not currently logged in. This information (including your IP address) will be transferred from your browser directly to a server of the respective social media organization and stored there. If you are logged in to a social media organization’s services, a provider may allocate your visit of the Website to your account with such organization. The purpose and scope of the data collection and the further processing of your data by the providers as well as your relevant rights and setting options for the protection of your privacy can be found in the privacy notices of the social media organizations.
Information Collected Automatically
When you browse the Website, we automatically receive and collect information such as your IP address, the URLs of websites you arrive at Monstercat from or leave Monstercat to go to, your type of browser and language, access times, and the content of any undeleted cookies that your browser previously accepted from us. We may use such information to better understand how Monstercat visitors use the Website, to analyze trends, administer the Website, prevent fraud, and gather broad demographic information. Please note that we do not alter the Website’s data collection and use practices when we see a DNT signal from your browser.
Consent
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected]
Section 3 - Disclosure
Monstercat is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your Personal Information with:
Service providers under contract who help with our business operations (we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you), such as:
Delivery partners who deliver products on behalf of Monstercat;
Financial partners who process banking, credit card, or other payment data on Sites;
Marketing partners, who send promotional communications regarding Monstercat and its products and services;
Promotional vendors, who administer contests and promotions on behalf of Monstercat (which may include the establishment and maintenance of separate microsites for such contests and promotions);
Applicant Tracking System vendors who process and manage job applications to Monstercat;
Third parties that send marketing communications consistent with your choices (for example, if you register to join a Monstercat artist’s mailing list).
IT service providers, such as Monstercat’s data hosting provider; and
Other service providers that Monstercat engage to provide services to Monstercat or on Monstercat’s behalf.
Certain Monstercat program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Other business entities, should we plan to merge with or be acquired by that business entity. For example, we may disclosure your personal information to an acquirer, successor, or assignee of Monstercat as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
Section 4 - Data Retention
When you place an order through the site, fill out a form, or sign-up for a service, we will maintain your order Information for our records to provide you with a safe, smooth, efficient, and customized experience, unless and until you ask us to delete this information. To request us to delete information, contact us at [email protected].
Section 5 - Marketing
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by contacting us at [email protected].
No Spam or Spyware
We do not tolerate spam. Spamming is explicitly prohibited it by our Terms of Service. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us at [email protected]. We maintain the right to investigate such incidents and take suitable action.
Account Protection
The Personal Information we collect is stored on a secure, password-protected server, and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. Monstercat cannot ensure or warrant the security of any information you transmit to Monstercat or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. If you enter sensitive information we will encrypt such information using secure socket layer technology (SSL). The Website is hosted on servers in Canada and the United States. Accordingly, if you are located outside of Canada or the United States, the Personal Information you provide to us will be transferred to Canada or the United States. By submitting your Personal Information, you consent to its transfer and storage in the Canada and United States and its use in accordance with the purposes for which it was originally collected.
Email Communications
With your permission or in accordance with the Terms of Service, we may send you emails about our Website and Services, new products and other updates.
If you consent to receiving such communications, we may use your email to deliver Monstercat news, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our software and services to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive (can be found in the email footer) or by contacting us directly at [email protected]. You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional emails related to your account with us, or, if you are a Subscriber, emails that are material change communications regarding the Subscription Service.
Section 6 - Third-party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to other users on the Website or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. When you click on links in our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
Section 7 - Shopify
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
Section 8 - Your Rights
European Economic Area
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
State of California
If you are a California resident, California Civil Code 1798.83 provides you the right to receive (a) information identifying any third party to whom we may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes and (b) a description of the categories of personal information disclosed. You may obtain such information at no charge by contacting us.
In accordance with the California Consumer Privacy Act of 2018 (“CCPA”), California consumers have the right to request from us:
the specific pieces of their personal information in our possession;
additional information about whether and how we have collected, used, disclosed, and sold their personal information; and
that we delete the personal information we have about them.
You will not be discriminated against in the use of our Website for exercising your rights under the CCPA.
If you make such a request, Monstercat will require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. These verification steps may vary depending on the request. The information that you provide in your request (which will include, without limitation, your first and last name and your email address) will be matched to the information we already have on file. We may request additional information to help us verify your request. Your request will be processed if we are able to verify your information. If we cannot verify your information, we may be unable to process your request. Information received in support of your will only be used for the purposes of responding to the request.
California law permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. Any such authorized agent must verify the agent’s own identity and follow the process described below to make a request. We will confirm the agent’s authority with the applicable California consumer before proceeding with the request.
You may submit a CCPA privacy rights request to us via email at [email protected]
Section 9 - Changes To This Privacy Policy
We reserve the right, at any time, to add to, change, update, or modify this Policy, in our sole and absolute discretion. Any such changes to this Policy will be posted here on our Site so we urge to please visit this page frequently. In all cases, use of information we collect is subject to the Policy in effect at the time such information is collected.
Section 10 - Questions And Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at [email protected] or by mail.
Monstercat Inc.
Re: Privacy Compliance
2900-550 Burrard Street
V6C0A3
Vancouver BC
Canada