VBRA Privacy Policy

Privacy Policy

 

Virginia Beach Recording Arts, LLC

Last updated December 31th, 2020

 

 

 

Introduction

 

VBRA is extremely invested in maintaining high privacy and data standards.  This Privacy Policy (“Privacy Policy -or- Policy”) describes how Virginia Beach Recording Arts LLC and affiliated companies (“VBRA”, “we”, “our”, -or- “us”), collect, use, and share your Personal Information.  It explains your data rights and how VBRA provided services support them.  Anyone who engages with VBRA (“Users”, “you”, -or- “your”), whether clients or not, or whether through audio recording, visiting www.vbrecordingarts.com or any subdomains, (“Website”), or any future mobile applications or related services (“Services”), will benefit knowing that your data and privacy are actively protected here at VBRA.

 

***This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.

 

Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. 

 

If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. 

 

If you have any questions or concerns regarding this policy, please contact us at reception@vbrecordingarts.com.

 

 

Ownership

 

By default, Virginia Beach Recording Arts, LLC serves strictly on a work-for-hire basis.  If nothing is discussed before a client’s session starts regarding intellectual property rights, our clients can rest assured knowing they own everything we create together.  VBRA services are most often provided to generate intellectual property that is 100% owned by our clients.

 

Furthermore, unless you would prefer us not to keep materials archived on your behalf, we keep all sessions, work, media, and intellectual property on Encrypted Drives, and this is free storage we provide clients to archive the work created together with VBRA.  Again, by default, this is 100% work owned by our clients.

 

VBRA performs regular backups, which are kept elsewhere onsite, and very occasionally utilize Apple iCloud and Google Cloud Storage redundancies, both Encrypted and layered with several stages of security.   

 

VBRA will not share your work without your permission.  The person who is paying for the work to be completed is the de facto owner of the Recording Copyright (not to be confused with the Composition Copyright, although both copyrights are often owned by the same person).  The person who is paying is who we will verify approvals for regarding sharing requests.

 

 

Photo, Video, Cells

 

We will let you know and seek approval when capturing pictures/videos for our own social media.  This cross promotion has been a standard part of our sessions for over as year now, so we are assuming most clients have access to our social media and understand what these pictures/videos are used for and that it benefits both parties to cross promote like that.

 

However, the ones who are capturing the most visuals are oftentimes the clients themselves.   While VBRA staff don’t mind the exposure, others in the session may not, and VBRA cannot control much of what is documented in a session by this type of scenario.

 

If any photo, video, or cell phone policy is requested, VBRA will enforce it with as much effort as our clients, more effectively the further in advance we can plan that type of rule.

 

 

 

The Info

 

To provide you Services, VBRA must collect Personal Information relating to an identified or identifiable natural person (“Personal Information”). We collect and organize Personal Information you provide us, from your use of the Services and from other sources, which does not include information that is already freely available in the public domain.  Here are the types of Personal Information we collect about you:

 

  1. Information you provide us. When you engage us for our Services, you may provide us Personal Information, such as name, email address, phone number, payment information, and information you include in your communications with us and with other users on our platform.

  2. Information we collect when you use the Services. When you visit, download, or use any Services, we collect aggregated usage Personal Information, such as Website browsing and click-stream activity, session heat-maps, scrolls, non-identifying Personal Information regarding Visitor devices, operating system, internet browsers, screen resolution, language, keyboard settings, internet service providers, referring/exit pages, date/time stamps, etc

  3. Information we collect from other sources.   We may receive Personal Information about you from third-party sources, such as:

 

i) security providers, fraud detection and prevention providers for example to help us screen out users associated with fraud,

ii) social media platforms, when you log-in or sign-up using your social media account, we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering;

iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.

 

 

Reasoning

 

We use your Personal Information for the following reasons:

 

  1. To provide and operate Services the best way possible; tailored to individualized User preferences

 

  1. To develop, customize, expand, and improve Services based on User common or personal preferences, experiences and difficulties;

  2. To provide Users with ongoing customer assistance and technical support;

  3. To contact Users with general or personalized service-related notices and promotional messages (as further detailed in Section 8 below);

  4. To help update, expand, and analyze records to identify new customers;

  5. To facilitate, sponsor, and offer certain contests, events, and promotions — determine eligibility, monitor performances, contact winners, and grant prizes and benefits;

  6. To analyze performance and marketing activities;

  7. To create aggregated statistical data and other aggregated and/or inferred information, which is  useful to provide and improve respective services;

  8. To provide professional assistance, upon request;

  9. To enhance data security and fraud prevention capabilities; and

  10. To comply with applicable laws and regulations.

 

We use your Personal Information for the purposes set out in Section 3 where:

 

  1. Our use of your Personal Information is necessary to either perform or to take steps to enter into a contract with you

  2. Our use is necessary to comply with a relevant legal or regulatory obligation that we have

  3. Our use is necessary to support legitimate interests and business purposes, provided it is conducted in a way that is proportionate and that respects your privacy rights.

 

 

Sharing

 

VBRA has partnered with a number of selected service providers, whose services compliment, facilitate and enhance our own for your benefit. These Services include web-hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, legal and financial services, and audio recording and music production services (the latter provided by our pool of local“Freelance Engineers”).

 

All of the above partners can identify as “Third Party Service Providers”

 

VBRA shares with Third Party Service Providers only what is relevant and needed regarding the following categories for any given business purpose:

 

  • identifiers, including name, alias, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers

  • commercial information regarding products or services purchased, obtained, or considered

 

Forums

 

Our Services sometimes branch into publicly accessible computers, blogs, communities, and support forums. This includes the “Public” User Credentials on any studio computer.  Please be aware that any Personal Information provided in any such areas may be read, collected, and used by others who access them.

 

VBRA regularly reminds Users to handle data accordingly.  Users are responsible for this data and should practice wiping the computer of this data.  VBRA is not to be relied on for safeguarding this data; however, after almost every session, we try to do just that.  If any data is left behind on studio computers, VBRA will transfer this data to an encrypted external storage device before deleting it off the studio computer, resetting it so the next session can enjoy a blank workstation.

 

Anyone with data in VBRA’s possession may request to have it removed.  Contact via the last page of this Policy and we will readily assist in removing anyone’s Personal Info from our systems.   

 

In some cases, we may not be able to remove your Personal Information from such areas.  If you use a third party application to post a comment while logged in with said third party (e.g., the Facebook social plugin application), you must engage with the Third Party to remove such data.  VBRA has no control over a scenario like that and will be of little help.

 

We strongly advise against posting any Personal Information (via any means) you wouldn’t want to have  publicized everywhere.  VBRA puts great effort into protecting User interests, but ultimately, Users control what they share about themselves.

 

 

 

Anti-Discrimination

 

It is the policy of VBRA to ensure equal opportunities are made equally accessible to all without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic protected by law. VBRA prohibits any such discrimination or harassment in our business.

 

VBRA will moderate as best as possible towards that goal, but VBRA cannot control the actions of other Users or members of the public who may access User Accessible Services, and VBRA is not responsible for the circumvention of any privacy policy rules, settings, or security measures other Users .

 

Users understand and acknowledge that User Content may sometimes be offensive and sometimes remain viewable despite best efforts.  User Content can also persist in cached and archived pages even after VBRA successfully removes such data.  Lastly, User understands that if any Third Parties had copied or stored such User Content before it was removed or addressed, even after its removal by either User or VBRA, Third Parties may still have a copy of this data.

 

To summarize, VBRA strongly advises against uploading or posting any information that would be consequential if posted for the general public.  This should be well known common sense for navigating the internet in general. 

 

 

Social

 

Services include certain Social Media features, widgets, and single sign on features, such as “Facebook Connect,” “Google Sign-in,” “Facebook Like”, and “Share this” buttons, among other interactive mini-programs (“Social Media Features”). These Social Media Features may collect certain Personal Information such as your IP address or which page you are visiting on our Website and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties’ Social Media Features are governed by their policies and not ours.

 

In addition, our Services may enable you to share your Personal Information with third parties directly, such as via page framing techniques to serve content to or from Third-Party Service Providers or other parties, while preserving the look and feel of our Website and Services (“Frames”). Please be aware that if you choose to interact or share any Personal Information via such Frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing are governed by those third parties’ policies and not ours.

 

Our Services may contain links to other websites or services. We are not responsible for such websites’ or services’ privacy practices. We encourage you to be aware when you leave our Services and to read the privacy statements of each and every such entity before providing your Personal Information. This Privacy Policy does not apply to such linked third party websites and services.

 

 

Vendors

 

Certain vendors are heavily integrated with VBRA, especially regarding online services and data collection.  VBRA contracted with Wix to build the VBRA website, so the VBRA Privacy Policy is one built following Wix Policies closely.  Wix maintains extremely high standards for their Policies and demands their contracts with Third Party Vendors follow suite, so Wix has VBRA confidence when it comes to protecting your data and privacy.

 

Third Party Developers are bound by the Wix App Market – Partner Program Agreement, which among other things, elaborates on conditions which Third Parties may access, store, share, and use User Personal Information (as further detailed in the Wix App Market Terms of Use)

 

More than any other Third Party Privacy Policy, The Wix Privacy Policy should be read and understood by VBRA Users before doing business with VBRA, read it here: https://www.wix.com/about/privacy.

 

Keep in mind, Wix is not responsible for how VBRA handles your data.  VBRA is ultimately responsible for User Information in VBRA possession.

 

 

 

As of 12.30.2020, the following list shows the name, governing Privacy Policies, and physical business address for all Third Party Apps integrated into www.vbrecordingarts.com.

 

 

 

 

 

 

 

 

 

 

  • - Printful - https://www.printful.com/policies/privacy (North Carolina, USA)

    • Printful notes: “website is hosted by Amazon Web Services EMEA SARL, a Luxembourg-based entity with an office at 38 Avenue John F. Kennedy, L-1855 Luxembourg.”

 

 

 

Please review each Third Party Privacy Policy.  VBRA also recommends asking Third Party Developers directly for any clarifications prior to Users engaging with VBRA Services.

 

VBRA is responsible to the extent we control what happens or can keep Users informed, but VBRA does not control and is not responsible for Wix or any Third Party Developers.

 

VBRA is responsible for notifying Users of the collection, processing, and use of User Information, and also for informing Users on how User Information is transferred to and processed by VBRA on Users behalf.

 

In the future, there is a possibility that a family of VBRA subsidiaries and VBRA affiliated companies will form.  In this instance, VBRA may share User Personal Information internally within the VBRA family of companies, for the purposes described in this Privacy Policy.

 

In addition, should VBRA or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, User Personal Information may be shared with the parties involved in such event.  Users will be notified with options to have VBRA delete or approve sharing User Info in this scenario.

 

VBRA may also share User Personal Information with Third Parties for additional purposes with each User explicit approvals. 

 

 

 

 

Storage

 

VBRA is based in Virginia Beach, VA, USA and www.vbrecordingarts.com is a creation of Wix, which is based in Israel, and is considered by the European Commission to be offering an adequate level of protection for the Personal Information of EU Member State residents.

 

Wix stores VBRA’s Collection of Personal Information in data centers located in the United States of America, Ireland, Japan and Israel.

 

Wix may use other jurisdictions as necessary for the proper delivery of these  services and/or as may be required by law.

 

Wix affiliates and Third-Party Service Providers that store or process your Personal Information on Wix’s behalf are contractually committed to comply with Wix in keeping Personal Information protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

 

Regarding a User’s interaction with VBRA, in this scenario, VBRA is considered a ‘Controller’ of User Personal Information, while Wix and Third Party Affiliates are ‘Processors’ working on VBRA’s behalf at VBRA’s direction.  In other words, legally, VBRA is ultimately the responsible party for any issues related to User Personal Data collected on VBRA volition.  Questions or concerns about the use of your data should be directed to VBRA.  We have a responsibility to our Users for educating them as much as possible so Users can make informed decisions themselves, especially for the scenarios outside VBRA control.  Regardless, VBRA will take measures to rectify and resolve issues arising from Personal Information collected by VBRA.

 

If you are located in Europe, whenever we become aware of Personal Information transfers Third Party Providers make involving User data to the United States or anywhere outside of Europe, VBRA has been assured as much as possible by the Third Party Vendors in charge of such transfer that

  1. there is a level of protection deemed adequate by the European Commission

  2. that the relevant Model Standard Contractual Clauses are in place.

 

VBRA has very little control over this scenario, but will make decisions in the best interest of Users when able if this occurs.

 

Users should also familiarize themselves with Privacy Shield.  All Third Party Developers engaged with VBRA either claim participation in, contract with those that claim participation in, or have certified that they are in compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.

 

To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, here.

 

 

 

Rights

 

VBRA agrees that it is imperative that Users have control over their own Personal Information. Pursuant to privacy regulations worldwide, VBRA enables Users to request access to, receive a copy of, update, amend, delete, or limit the use of their own Personal Information in VBRA possession.

 

Before fulfilling User requests, VBRA may ask for additional information in order to confirm User identity for security purposes. VBRA reserve the right to charge a fee where permitted by law (e.g. if User requests are unfounded or excessive).

 

Users have the right to file a complaint with local supervisory authorities for data protection.  Please attempt to work with VBRA first before escalating in this fashion, VBRA is fully committed to privacy and data protection and we’ll do everything we can to resolve issues that arise.

 

If Users wish to receive a copy, access and/or request VBRA to make corrections to their Personal Information, or wish to request a list of what Personal Information (if any) pertaining to themselves that VBRA has disclosed to third parties for direct marketing purposes, please contact VBRA with this direct request and steps will be taken to comply as much as possible.

 

Users can also mail requests to:

 

Virginia Beach Recording Arts, LLC

5239 Challedon Dr

Virginia Beach, VA, USA 23462

 

VBRA will make reasonable efforts to honor requests promptly (unless further information is required to fulfill a request), subject to legal and other permissible considerations.

 

Users may request to access, receive a copy of, update, amend, delete, or limit the use of their own Personal Information stored with VBRA. This request can be emailed to reception@vbrecordingarts.com.

 

 

 

Responsibility

 

VBRA is responsible for the security, integrity and authorized usage of Personal Information about Users, and for obtaining consents, permissions and for providing any required data subject rights and fair processing notices required for the collection and usage of such Personal Information.

 

VBRA cannot provide legal advice to Users; however, we have taken great effort to comply with modern Privacy Standards as shown by this Privacy Policy.

 

VBRA’s Privacy Policy and Terms & Conditions are maintained and posted at the footer of www.vbrecordingarts.com in accordance with any applicable laws and regulations, and all Users should carefully read these policies and make sure that they understand and, to the extent required by applicable law, consent to them.

 

 

 

 

 

Cookies

 

Both VBRA and Third Party Service Providers use cookies and other similar technologies (“Cookies”) in order to provide Services, ensure proper performance, analyze performance data, market efficiently, and personalize experiences for max User enjoyment.

 

Users can learn about how cookies and similar technologies are deployed via vbrecordingarts.com and Users can also learn how to exercise control over these Cookies in the VBRA Cookies Policy.

 

Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application; however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

 

These technologies are used mostly for stability, security, functionality, performance and advertising purposes.

 

 

 

Promotional

 

VBRA has a new Subscription feature to keep track of User preferences.  Users can decide on whether or not to receive Promotional Messages at any point by accepting or opting out of communications as they are received.  Opting out of a subscription will prevent further Promotional Messages from being sent to the User.  If a User finds Promotional Messages are useful, VBRA may use Personal Information to send Users promotional content and messages by e-mail, text messages, notifications within a VBRA platform, marketing calls, or any other form of creative outreach.

 

 

 

 

Service

 

For Users who are either Clients or Account Members or both, regardless of preference for Promotional Messages, VBRA will still send Service Messages as needed.

 

Service Messages are warranted:

  • if a certain Service is temporarily suspended for maintenance;

  • VBRA is replying to a User support ticket or e-mail;

  • VBRA sends Users reminders or warnings regarding upcoming or late payments;

  • VBRA forwards abuse complaints regarding a User’s content posted to VBRA platforms or VBRA social media;

  • VBRA notifies Users of material changes in Services.

 

It is important that Users are always able to receive such messages. For this reason, Users are not able to opt-out of receiving such Service and Billing Messages unless Users are no longer VBRA Clients or Account Members.  Users can deactivate their Account by logging in.  If a User is a Client, but not a VBRA Account Member, Users maintain their status until all balances have been paid in full.

 

 

 

 

 

Security

 

VBRA places trust in the security provided by Third Party Vendors.  Those vendors and their policies are listed on page 7 of this Policy, VBRA does not guarantee the absolute protection and security of User Personal Information, or any other information Users upload, create, publish, or otherwise share with VBRA or anyone else. We encourage Users to set strong passwords for VBRA Member Accounts, and avoid providing anyone with sensitive Personal Information which if disclosed could cause the User substantial or irreparable harm.  VBRA only collects information needed to provide Users ever improving experiences, and considers any extraneous Personal Information a liability to be avoided.

 

Email, fax, and instant messaging are NOT secure forms of communication.  Sensitive communication should be shared by alternative means (VPN file sharing, cloud storage services, document encryption, etc).

 

For any questions regarding the security of VBRA Services, please contact VBRA at reception@vbrecordingarts.com or call 757-226-9742.

 

 

Law

 

VBRA may disclose or otherwise allow access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.


VBRA may share your Personal Information if we believe in good faith that this will help protect the rights, property or personal safety of VBRA, any of our Users, or any member of the general public, with or without notice to you.

 

We may retain your Personal Information for as long as your User Account is active, as indicated in this Privacy Policy, or as otherwise needed to provide you with our Services.

 

We may continue to retain your Personal Information after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

 

We maintain a data retention policy which we apply to Personal Information in our care.

 

 

 

Job Applicants

 

VBRA welcomes all qualified Applicants to apply to any of the open internship positions published at https://www.vbrecordingarts.com/contact, by sending us their contact details, references, and CV (“Applicants Information”).  As of 12.30.2020, we will soon request documents of this nature containing a large amount of Personal Information be sent over secure channels more suitable than e-mail or text.  File sharing, cloud storage services, and document encryption are better choices.   

 

VBRA understands that privacy and discreetness are crucial.   VBRA is committed to keeping Personal Information provided on applications private solely for VBRA recruitment purposes.  This includes  identifying, evaluating, hiring, referencing, and contacting Applicants.

 

 

 

California (CCPA)

 

If Users are California residents, the California Consumer Privacy Act (“CCPA”) provides the right to request access to and deletion of their User Personal Information.  VBRA does not discriminate based on the exercise of any privacy rights that Users might have under this Section.  VBRA is more than happy to assist.

 

VBRA does not sell user Personal Information to third parties.

 

Users of the Services who are California residents and under 18 years of age may request and obtain removal of content posted by their own volition.  Request are made by emailing VBRA directly at reception@vbrecordingarts.com. All requests must be labeled “California Removal Request” on the email subject line.  All requests must provide a description of the content to be removed and information reasonably sufficient to permit VBRA to locate such content.

 

VBRA do not accept California Removal Requests via postal mail, telephone, or facsimile. VBRA is not responsible for notices that are mislabeled, and VBRA may be unable to respond if Users do not provide adequate information.

 

Please note that User requests do not ensure complete or guarantee comprehensive removal of such material.  VBRA cannot control anything republished or reposted by another user or third party outside of VBRA platforms.

 

 

 

Updated

 

VBRA may update this Policy as required by law.  Updates may also reflect changes to any Personal Information collected and maintained by VBRA, or any changes in usage and storage practices.

 

For any changes deemed “material” (based on VBRA sole discretion in good faith), VBRA will notify Users using one of the notification methods set forth in the VBRA Terms & Conditions prior to the change becoming effective if doing so is feasible.

 

In regards to any materially updated VBRA Privacy Policies, VBRA will, as required by applicable law, notify Users, seek User consent, and/or take any other measures required. VBRA encourages Users to periodically review this webpage for the latest Information on VBRA privacy practices. Unless stated otherwise, the most current Privacy Policy applies to all User Personal Information currently in VBRA possession, with respect to the VBRA Website, Mobile Apps, or any of the other VBRA Services. 

 

Any heading, caption or section title contained herein, and any explanation or summarization of principles provided in no way defines or explains any section or provision hereof, or legally binds VBRA in any way.

 

This Privacy Policy is written in English, and may be translated into other languages for User convenience. If a version of this policy is translated to another language, and the non-English version conflicts in any way with the English version, provisions of the English version shall prevail.

 

 

 

 

Questions

 

If anyone has any questions or concerns about VBRA data collection, use or disclosure of Personal Information, or if anyone is concerned that VBRA has not complied with this Privacy Policy or applicable data protection laws, contact VBRA at the addresses provided below.

 

VBRA will investigate any complaint, determine whether a breach has occurred, then decide what action, if any, to take.  VBRA takes every privacy complaint seriously and will make all reasonable efforts to resolve User complaints promptly and in accordance with applicable law.  

 

Users can file a complaint with local supervisory authority for data protection at any time; however, it’s recommended that Users contact VBRA first.

 

 

Contact

 

emailing:

reception@vbrecordingarts.com


calling:

(757) 226-9742

 

mailing:

Virginia Beach Recording Arts, LLC

5239 Challedon Dr

Virginia Beach, VA, USA 23462