Movement Creations’ Privacy Policy Last Updated May 2021
Welcome to ‘Movement Creations’ a service provided by ‘Movement Creations LLP’ (Aka Movement Creations’) (“Movement Creations’,” “we,” “us,” or “our”). Movement Creations’ knows that you care about how your personal information is used and shared, and we take your privacy seriously. This is a legal agreement between you and Movement Creations (“Company”). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. It is your responsibility to check these Terms of Service periodically for changes. By continuing to use or access the Site and/or Services after Company makes and posts any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without Company’s express written consent.
Welcome to ‘Movement Creations’ a service provided by ‘Movement Creations LLP’ (Aka Movement Creations’) (“Movement Creations’,” “we,” “us,” or “our”). Movement Creations’ knows that you care about how your personal information is used and shared, and we take your privacy seriously. This is a legal agreement between you and Movement Creations (“Company”). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. It is your responsibility to check these Terms of Service periodically for changes. By continuing to use or access the Site and/or Services after Company makes and posts any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without Company’s express written consent.
Movement Creations’ provides a digital music distribution service that distributes music through online stores and streaming services on behalf of its customers and collects and distributes the related earnings.
This Privacy Policy explains how we collect, disclose and otherwise process Personal Data (defined below) when you use our website (the “Site”) and all related sites, widgets, tools, data, software, APIs, and other services provided by Movement Creations’ (together with the Site, “Service”), and your choices concerning our data practices.
“You” or “your”, as used in this Privacy Policy, refers to the individual to whom Personal Data relates.
These terms and conditions, as well as the copyright policy (the “Copyright Policy”) and the privacy policy (the “Privacy Policy”) (incorporated herein by this reference and collectively referred to as the “Terms of Service”), govern your access to and use of the Movement Creations website (the “Site”), including the use of any content, information, products and/or services (the “Services”) therein. Please read the following terms and conditions carefully before using our Service or submitting any Personal Data to Movement Creations and contact us if you have any questions.
1. GRANT OF RIGHTS.
(a) The rights granted hereunder shall include the sale of Recordings (as defined in Section 2 below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services, and so-called “disc-on-demand” services. You and Company agree that the Internet consumer stores (“Consumer Stores”) (e.g., Apple Music, Amazon, Spotify, Deezer) licensed to exploit your Recordings hereunder must be approved by you.
(b) By clicking the “I Agree” button, you irrevocably grant to Company, throughout the world (the “Territory”) and during the Term (as defined in Section 7 below), the non-exclusive right:
1. to sell, copy, reproduce, communicate to the public, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;
2. to collect all income deriving therefrom; and
3. to use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and Company’s general business.
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY THE COMPANY.
(c) You agree that you will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
(d) You agree not to engage in (or to permit, encourage, enlist, retain, or employ third parties to engage in), activities that, in Company’s sole discretion, constitute Streaming Manipulation.
1. “Streaming Manipulation” means any activity and/or method which involves the artificial creation, by human or non-human means, of online or offline plays on audio and/or audio-visual streaming services, where such plays do not represent bona fide end-user listening and/or views initiated by genuine consumers and taking place in the reporting country. Streaming Manipulation may involve or include, but is not limited to, increasing, generating or manipulating play counts, sales, follow counts, engagement activity, or other key metrics used by the Services and/or any Consumer Store, through the use of (A) bots, scripts, viruses, worms or any other computer codes, files, programs or automated processes; and/or (B) click-farms, troll-farms, inauthentic accounts, shared account information, or virtual private networks. Streaming Manipulation can be the result of activities undertaken with respect to either individual or groups of Recordings in order to artificially improve chart positioning, increase market share, increase royalty or other payments, or for any other fraudulent or dishonest purposes.
2. You should be aware that Streaming Manipulation may be the result of the actions of a third party, such as a promotion or marketing company, record label or music distributor, acting on behalf of an artist or on its own behalf. You are encouraged to investigate and vet any companies or individuals you may enlist, retain, or employ to promote or market your music, as you may be liable for Streaming Manipulation perpetrated by a third party on your behalf. For the avoidance of doubt, any Streaming Manipulation done by a third party on your behalf or that relates to your Recordings is a violation of these Terms of Service.
3. The factors used to determine whether any particular consumption or marketing activity is Streaming Manipulation will vary according to the specific circumstances of each case and the examples and descriptions of Streaming Manipulation set forth herein are not intended to be exhaustive.
4. Certain Consumer Stores that use your Recordings may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to become aware of and follow such policies, and such policies shall be binding upon you hereunder.
2. INFORMATION WE COLLECT
When you use our Service or otherwise interact with us, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:
Account Data: If you wish to register for the Service, you will need to provide us with certain Personal Data, such as your name, email address, password, postal address, phone number, as well as any biography/profile information (including profile photos) you would like associated with your music at online stores and streaming services.
Creator Data: We will collect information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator, the music you upload, and information relating to how often your music is played in online stores and streaming services).
Communication Data: If you contact customer service or otherwise communicate with us by email or otherwise, we may collect Personal Data related to those communications, including the contents of the communications and the data and time they occurred.
Payment Data: In order for us to pay your royalties to you, we will need to collect your PayPal ID and certain tax information. When you pay for our Service, we collect certain billing information through our payment processor Stripe, Inc. (“Stripe”), such as billing address, payment card details, and bank account information. Accordingly, in addition to this Privacy Policy and our Terms of Service, Personal Data related to the payments you make through the Service are also processed according to Stripe’s services agreement and privacy policy.
Fan Data: One aspect of the Service allows musicians and content creators registered to the Service to communicate with and better understand their fans. Accordingly, if you are a fan of one of our musician and content creator customers, we may collect your email address from online stores and streaming services if you follow or otherwise interact with our musician and content creator customers, so they can keep you posted on their news, events and other updates.
Social Media Data: We have pages on social media sites like Instagram, Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your profile and contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Online Activity Data: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site, peak hours of visits, which page(s) are visited on our Site, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:
• Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol (“IP”) address (which we collect for security reasons), browser type and settings, the date and time of your request, and how you interacted with the Site.
• Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
• Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
• Usage Information: Information about how you use our Site, including statistical usage data derived from the operation of our Site, filtering choices and information regarding the performance results for the Site.
Marketing. We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.
3. HOW WE SHARE AND DISCLOSE PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
• Vendors: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud or other information technology services; marketing service providers; payment processors; customer support providers; and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
• Online Stores and Streaming Services: we distribute the music and any related information like titles, descriptions, and album art that you upload to the Service to the online stores and streaming services of your choice.
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, or other lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.
• With Your Consent: We may share your Personal Data where we obtain your consent to do so, such as to connect you with a record label.
4. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
4. UPDATE YOUR INFORMATION
If you need to change or correct your Personal Data or wish to have it deleted from our systems, you may contact us at support@movementcreations.in. We will address your request as required by applicable law.
Data Controller. We are the data controller for Personal Data described in this Privacy Policy. You can find our contact information, and the contact information of our IN-based representative, in the “Contact Us” section below.
Legal Bases for Processing. This Privacy Policy (the paragraph” How We Use Our Personal Data”) describes the legal bases we rely on for the processing of your Personal Data.
As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law..
5. PAYMENTS.
(a) Company will pay you one hundred percent (100%) of Net Income (as defined in Section 3(b) below). Net Income will be posted to your Movement Creations account in a timely fashion after Company’s receipt thereof. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals.
(b) “Net Income” shall be defined as the Company’s actual receipts from Consumer Stores less any tax, fee, or other charge related to the Sale of your Recordings. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.
(c) To the extent that you owe any amounts to Company as a consequence of the Terms of Service or otherwise, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you.
(d) The Net Income posted to your Movement Creations account will be pooled in an interest-bearing bank account with the Net Income of other Movement Creations customers until you withdraw such funds. You agree that you will not receive interest or other earnings on the Net Income that Company handles as your agent and places in such pooled account. In consideration for your use of the Services, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on Net Income held in such pooled account. In addition to or instead of earning interest on such pooled account, Company may receive a reduction in fees or expenses charged for banking services by the banks that hold your Net Income.
(e) In connection with your decision to use the Movement Creations streaming media player, iPhone application or other so-called widgets or applications (the “Streaming Players”) as platforms for users to stream your Recordings, you hereby waive any right to digital artist royalties, performance royalties or any other fees or royalties, statutory or otherwise, that Company may be obligated to pay you or a third party in connection with the use of such Streaming Players. For the avoidance of doubt, to the extent that you utilize a Streaming Player on your own website or authorize its use on any other website on the Internet, you acknowledge and agree that Company is not responsible to make any third party payments in connection with the Recordings and underlying musical compositions which you own and/or control.
(f) To the extent that you elect to use certain Recordings from your Movement Creations catalogue to distribute free to any parties (via a Streaming Player, directly through your own website or otherwise), you agree that you will be solely responsible for any of the above referenced third-party payment obligations resulting from such deliveries. Without limiting any of the foregoing, you expressly agree to either waive music publishing royalties (if you own or control such rights) or pay any necessary royalties due to third-party music publishers as a result of any such free distribution.
g) Although the client owns 100% royalty rights issued by the distribution company, the latter will always own the sole authority and have a choice to distribute it further to another client or not. In case a third party wants to buy an audio of a record label signed under Movement Creations ,then it is the third party that comes forward to ask for rights of the particular track from the distribution company.Thus permitting the party to release the audio track at their desired platforms after accepting all T&C.
6. SECURITY
You use the Service at your own risk. We comply with industry standards to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Movement Creations via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.
7. YOUR CHOICES
Whether or not you provide Personal Data to us is completely up to you, but if you choose not to provide information that is needed to use some features of our Site, you may be unable to use those features. You can also contact us to request access to your data or to ask us to update, correct, or delete your Personal Data.
8. CHANGES TO THE PRIVACY POLICY
The Service and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do we will post an updated version on this page unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.
9. CONTACT US
If you have any questions about our Privacy Policy or the information practices of the Site, please feel free to contact us at contact@movementcreations.in
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our IN.-based third-party dispute resolution provider.
10. LEGAL INFORMATION
Jurisdiction – All the disputes related to the agreement and Privacy Policy need to be abide by the District Court of Delhi – Rouse Ave Rd, Rouse Avenue, Mata Sundari Railway Colony, Mandi House, New Delhi, Delhi 110002
Wherein if there is a disagreement of group solidarity of either parties in sentiment and differences arise between the distributor and the record label or the third party beliefs and if the distribution company fights the case and wins, then the expenditures out of court case raised by either of the parties will be borne by the claimed party(s), including the advocate fees, court hearing and loss of valued time of the distribution company.
Wherein if there is a disagreement of group solidarity of either parties in sentiment and differences arise between the distributor and the record label or the third party beliefs and if the distribution company fights the case and wins, then the expenditures out of court case raised by either of the parties will be borne by the claimed party(s), including the advocate fees, court hearing and loss of valued time of the distribution company.