Last modified on July 1, 2022.
This policy describes how Virtuosica, Inc. (“Virtuosica” or “we” or “us”) collects, uses, and disclose information that we obtain about visitors (“Visitors”) to our website located at https://virtuosica.com and any related subdomains (collectively, the “Website”); users who have registered accounts to use the Platform (as defined herein) to distribute, display, or stream live audiovisual content or works (“Artists”); users who have registered accounts to book Artists to provide Performance Services (as defined in the Virtuosica Terms of Service) (“Clients”); and users who use the Platform to access or view Performance Services or specific Events (as defined in the Virtuosica Terms of Service) (“Viewers”). Our use of “you” or “User(s)” refers collectively to Visitors, Artists, Clients, and Viewers. This policy applies to your use of any website, platform, software, or other service (collectively, the “Platform”) owned, operated, or provided by Virtuosica.
You may visit the Website anonymously. You are not legally required to provide us with any personal data and may do so (or avoid doing so) at your discretion. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (as defined herein), please avoid any interaction with us, including visiting the Website or using the Platform.
Types of Information Collected
When you use the Platform, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like third-party services, and optional programs in which you participate, which we may combine with other information we have about you.
We collect the following types of data:
a. Information Provided by Users
This is information that you provide to us through text fields when you create an account—as either an Artist or a Client—such as:
You can choose to provide additional information in your public profile, such as photos and videos, social media links, or an “about” section. Providing this information is voluntary and there is no requirement to do so. By choosing to provide this information, you consent to our collection and processing of that information and making it public to other Users.
We also collect content you create, upload, or publish using the Platform and information about the content you provide, such as if the recipient has viewed the content and the metadata that is provided with the content. To add certain content, like pictures or videos, you may allow us to access your camera or photo album.
If you contact our customer support team, we will receive your email address and may track your IP address, as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you). We also process any communications with other users using any messaging functions within the Platform.
The information that we collect may vary depending on whether you register for an account and whether you register as an Artist or as a Client.
Artists: To receive funds earned in connection with Performance Services, you may need to create an account with one of our third-party payment processors. We may also require your bank account information to process payouts. You may also be required to provide us with additional information for tax purposes. Depending on your location, you may have to fill out a form with some combination of your:
- First and last name
- Social Security Number or Employer Identification Number
- Country of citizenship
- Foreign Tax Identification Number (if applicable)
- Date of birth
- Bank account information
- Telephone number
Clients: To book Artists to provide Performance Services, you must provide your payment information to our payment processors. If you are required to provide your name and email address to the payment processor, then they will provide us with that information. We also collect and process information about the Artists and Performance Services that you book and how often you book Artists or Performance Services.
b. Platform Usage Data
This includes information relating to our Users, visitors to the Website, participants in any Virtuosica events or promotions, and any other prospective user or partner who visits or otherwise interacts with the Website, the Platform, online ads, Virtuosica’s sales or customer service departments, or any other services owned or operated by Virtuosica.
We collect and generate the following types of personal data concerning Visitors, Users, and prospective Users:
- Website usage information: connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (i.e., type, operating system, device ID, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device
- Information concerning Users and prospective Users: contact and business details, communications with Users and prospective Users, and any specifications, preferences, attributes, or insights relevant to Visitors’ potential use of the Platform or other Virtuosica services
- Direct interactions and communications with us, including recordings and transcripts of any calls, e-mails, form submissions, or chats (e.g. for customer support, feedback, or training purposes)
We collect Platform Usage Data either automatically or through a data subject’s interaction with us or the Platform, third-party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
c. Device Data
We may collect information about the devices you use to access the Platform, including:
d. Location Information
If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or wi-fi connections. The Platform may collect location information (including GPS and wi-fi data) differently depending on your settings and device permissions. The collection of your geolocation may occur in the background even when you aren’t using the Platform if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Any geolocation information that we collect before you decline permission will remain stored in our database unless you separately request that such information be deleted.
Data Processors versus Data Controllers
Certain data protection laws and regulations (e.g., EU GDPR, UK GDPR or the CCPA) typically distinguish between two main roles for parties that process personal data: “data controllers” (or “businesses,” under the CCPA) and “data processors” (or “service providers,” under the CCPA).
Data controllers are the parties that determine the purposes and means for processing data. Data processors are the parties that process data on behalf of the data controller.
We collect and process your personal information, as necessary, for the following purposes:
a. To facilitate, operate, and provide the Platform
We may use your personal information to:
b. To maintain the security and safety of the Platform and Visitors
To better provide you with a secure and safe Virtuosica experience, we may use your personal information to:
- Authenticate Users
- Address ongoing or alleged misconduct
- Perform data analysis to better understand and design countermeasures to misuse of the Platform or misconduct by Users
- Retain data related to fraudulent activities to prevent against recurrences
- Block and remove unsafe or fraudulent users from the Platform
- Support and enhance our data security measures, including for the purpose of preventing and mitigating the risks of fraud, error, and illegal or prohibited activity
c. To provide relevant offers and advertisements
We may use your personal information to:
- Administer sweepstakes, contests, discounts or other offers
- Facilitate, sponsor, or offer certain events, contests, and promotions
- Develop, display, and track content and advertising tailored to your interests on the Platform and other sites
- Communicate with you via email, phone, social media, or mobile device about products or services that we think may interest you
d. To provide customer assistance
To support Users when needed, we may use your personal information to:
- Investigate and assist you in resolving questions or issues you have regarding the Platform
- Provide support and respond to inquiries or concerns
e. To improve the Platform
To enhance and improve your experience with the Platform, such as providing new and helpful features, we may use your personal information to:
- Perform research, testing, and analysis
- Develop new products, features, partnerships, and services
- Prevent, identify, and resolve software or hardware bugs and issues
- Monitor and improve our operations and processes, including security practices, algorithms, or other modeling
f. To respond to legal proceedings or comply with applicable laws, regulations, and obligations
In the event that we are legally obligated to share or disclose information regarding the Platform or other services that we provide, we may use your personal information to respond to any such requests, demands, or obligations.
We do not sell your personal information as contemplated by the California Consumer Privacy Act (CCPA).
We and our Service Providers (as defined herein) may maintain, store, and process personal data in the United States of America and other locations, as reasonably necessary for the proper performance and delivery of the Platform, or as may be required by law.
For data transfers from the EU or UK to countries that are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission. You can obtain a copy by contacting us as indicated on the Platform or in our Terms of Service.
We retain your personal information for as long as reasonably necessary in order to maintain and expand our relationship and provide you with the Platform and other offerings, comply with our legal and contractual obligations, and to ensure that we can perform legitimate business functions, like accounting for tax obligations, all in accordance with our data retention policy.
We take reasonable and appropriate measures designed to protect your personal information, however, we cannot guarantee the security of your information, including from unauthorized intrusions or acts by third parties. Furthermore, except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete or restrict access to such data for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at firstname.lastname@example.org.
To make the Platform work, we may need to share your personal information with other Users, third parties, and service providers. This section explains when and why we share your information.
a. Legal compliance
We may share your personal information in response to a legal obligation or if we have
determined that sharing your personal information is reasonably necessary or appropriate to:
- Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, or enforceable governmental request
- Respond to legal process (such as a search warrant, subpoena, summons, or court order)
- Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law
- Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third-parties, or the public, as required or permitted by law
b. Service providers and partners
We may engage certain third-party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web and mobile analytics, data enrichment, e-mail and/or SMS distribution and monitoring services, call, session or activity recording and analysis services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“).
We follow a strict vetting process prior to engaging any Service Provider or working with any Partner. All of our Service Providers and Partners must agree to be bound to strict confidentiality obligations.
c. Artists and Clients or Viewers
We may disclose information about Clients and Viewers to Artists for purposes of providing the Platform. Data regarding Clients and Viewers is typically shared with and available to the Artists on whose behalf such data was collected. Virtuosica is not responsible for, and does not control, any further disclosure, use, or monitoring by or on behalf of any Artist that itself acts as the “data controller” with respect to Clients’ data or Viewers’ data.
d. Protecting rights and safety
We may share personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of Virtuosica, our Users, or any member of the general public.
e. Virtuosica personnel, subsidiaries, and affiliated companies
f. Social media
In order to promote the Platform or increase engagement between Users, we may, or may allow other Users to, share content that you post or publish on the Platform on social media platforms. We will not, nor will we allow other Users to, share your profile or any personal information on social media platforms.
g. Upon further direction or anonymization
Virtuosica may share your data in additional manners with your permission and upon your direction, if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable, and anonymous.
Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Platform.
Although we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences—including whether or not to accept them and how to remove them—through your browser settings. You may also use the “Cookie settings” feature available on the Platform, depending on your location and activity on our Platform, as applicable. Please note that, if you delete or choose not to accept cookies from us, you may miss out on certain features of the Platform.
We engage in service and promotional communications, via e-mail, phone, SMS, and push notifications.
Platform Communications: We may contact you with information regarding the Platform. For example, we may send notifications (through available means) regarding changes or updates to the Platform, billing issues, log-in attempts, or password reset notices. Other Users may also send notifications, messages, and other updates regarding their us or your use of the Platform.
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities, or other promotional information that we believe will be of interest to you. We may provide such notices through available means of direct contact (i.e., phone, mobile, or e-mail), through the Platform, or through marketing campaigns on other sites or platforms.
You can control your communications and notifications settings through your Virtuosica account or as otherwise indicated in the specific communications you may receive. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the Platform. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.
We have implemented reasonable security precautions to protect collected information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please be aware that, despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, logging out or signing off after using a shared computer, choosing strong passwords, and keeping log-in credentials private. We are not responsible for any lost, stolen, or compromised passwords or for any activity that results from unauthorized access to your account.
Virtuosica provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information. We do not discriminate against Users who exercise their privacy rights.
a. All Data Subjects
i. Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the Platform.
ii. Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.
iii. Account Information. You can review and edit certain account information you have chosen to add to your profile by logging in to your account settings and profile.
iv. Location Information. You can prevent your device from sharing location information through your device’s system settings. But if you do, this may impact Virtuosica’s ability to provide you with our full range of features and services.
v. Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the Platform.
vi. Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The Platform does not currently support Do Not Track requests.
vii. Deleting Your Account. If you would like to delete your account, you may do so directly through the Platform or send us a request to delete your account using the “Contact Us” page on the Website. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. When we retain such data, we do so in ways designed to prevent its use for other purposes.
b. EEA Data Subjects
If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights. Virtuosica aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information (known as “Personal Data” under the EU General Data Protection Regulation).
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below.
In certain circumstances, where we act as data controller, you have the following data protection rights:
- You can request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you where we are the data controller and confirm that we are lawfully processing it.
- You can request correction of the Personal Data that we hold about you. This enables you to revise any incomplete or inaccurate information that we may we hold about you, though we may need to verify the accuracy of any new information you provide.
- You can request deletion of your Personal Data. This enables you to ask us to erase or remove personal information where there is no good reason for us to continue processing or retaining it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully, or where we are required to delete your personal information in compliance with local law. Note, however, that we may not always be able to comply with your deletion requests for specific legal reasons, which will be made known to you at the time of your request, as applicable.
- You can object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) but you nevertheless feel that our processing of your Personal Data negatively impacts your rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may be able to demonstrate that we have compelling, legitimate grounds for processing your information that may override your objections.
- You can request restrictions on processing of your Personal Data. This enables you to ask us to suspend processing of your Personal Data in the following scenarios: (i) if you want us to establish the information's accuracy; (ii) where our use of the information is unlawful but you do not want us to erase it; (iii) where you need us to hold the information even if we no longer require it, as you need it to establish, exercise, or defend legal claims; or (iv) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds for its use.
- You can request that your Personal Data be transferred to you or to a third party. We will provide your personal information, to you or a designated third party, in a structured, commonly-used, and machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform our obligations pursuant to a contract with you.
- Where we are relying on consent to process your Personal Data, you can withdraw your consent at any time. However, this will not affect the lawfulness of any processing that occurred before the withdrawal of your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time when consent is withdrawn.
Please note that we may ask you to verify your identity before responding to data subject requests.
You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.
c. All Non-EEA International Data Subjects
d. California Data Subjects
The California Consumer Privacy Act provides some California residents with the additional rights listed below. To exercise these rights, see the “Exercising Your California Privacy Rights” section or contact us using the “Contact Us” page on the Platform.
i. Right to Know
You have the right to know and see what data we have collected about you over the past 12 months, including:
ii. Right to Delete
You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
iii. Other Rights
You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
iv. Exercising Your California Privacy Rights
To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using one of the following methods:
We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
THE PLATFORM IS NOT DIRECTED TO CHILDREN AND CHILDREN ARE NOT ELIGIBLE TO ACCESS OR USE THE PLATFORM OR REGISTER FOR AN ACCOUNT. It is expected that all users recognize the sensitive nature in working with children and keep confidential other users’ personal information, consistent with our Terms of Service. Virtuosica does not knowingly collect any information about, or market to, children, minors or anyone under the age of 18. If you are less than 18 years old, we ask that you do not submit information to us. If we become aware that a child, minor, or anyone under the age of 18 has registered for an account with us and provided us with personal information, we will take steps to terminate that person's registration and delete their information from the Platform. If we do delete your account or profile because it violated our rules regarding children or account eligibility, we may retain your email and IP address to ensure that you do not attempt to circumvent our rules by creating a new account or profile.
The Platform may contain links to external websites or services. We are not responsible for the privacy practices of external websites or services, which may differ from ours. We encourage you to review the privacy policies for any external websites or services that you visit and, if you have questions, contact them directly.
We may update this policy from time to time as the Platform changes and privacy law evolves. If we update it, we will do so online and, if we make material changes, we will let you know through the Platform or by some other method of communication, such as email. When you use the Platform, you are agreeing to the most recent version of this policy.
If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us.