We at ScotEllas Ventures Inc. ("SVI") are committed to providing web sites and software products that respect the privacy of its visitors and users respectively. This page summarizes the privacy policy and practices for FirstListen: the FirstListen mobile application and the FirstListen web site at firstlisten.live (together, the "SVI Products"). This privacy policy is intended to comply with Canada's federal privacy laws including the Personal Information Protection and Electronic Documents Act (S.C. 2000, c.5), the ten key principles of the Canadian Standards Association Model Code for the Protection of Personal Information; as well as the European Union General Data Protection Regulation.
The SVI privacy policy is designed to provide the users of the SVI Products with information allowing them to make informed choices with respect to their use of the SVI Products and their provision of personal information.
Your use of SVI Products, and any disputes arising from it, is subject to this Privacy Policy as well as the terms and conditions of any agreement which provide for use of SVI Products and all its dispute resolution provisions including arbitration, limitation in damages and choice of law. SVI reserves the right to change our Privacy Policy at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. We encourage you to regularly review the SVI web sites to familiarize yourself with changes which may occur from time-to-time. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you, your account and information we obtain by your use of SVI Products.
When you use the SVI Products, you will be providing two types of information: information you explicitly provide through interaction with the SVI Products, and information which is obtained by virtue of your using the SVI Products. SVI uses this information to process any orders you may make, manage your account, Email you with any special offers on products and services we think you may like, and manage or monitor any products or services we provide you.
Information you explicitly provide
When you first register SVI Products, you will be asked to provide us with personal information such as your name, or an Email address for us to contact you. As well, we may occasionally use your name and Email address to send you information on products or services provided by SVI which we feel may be of interest to you. Further, SVI may send you service-related announcements, such as warning you of upcoming updates, service outages, or other information which we feel you may be interested in. You will have the option to opt out of some of these announcements, but SVI reserves the right to provide certain of these announcements regardless of your opting out of receipt of these announcements, should you choose to use the SVI Products.
On FirstListen, the information you provide includes:
• your account details: your email address and password or, if you sign in with Apple or Google, the basic profile information that service shares with us, such as your name and email address;
• if you are a musician: your first and last name, display name, age, location (the city you enter), genres, primary role, what you are open to, skills, years writing music, cover art, bio and up to three social media links, and the tracks you upload with their titles and track types (Original, Cover or Remix);
• if you are an industry professional: your display name, company or organization, role or title, location and bio;
• the messages you send to the users you match with, and any notes an industry professional leaves on a musician's tracks;
• any report, support request, suggestion or copyright notice you send us, in the app, on firstlisten.live or by email; and
• if you join the waitlist on firstlisten.live, your email address and the choices you make on the form.
Who can see your information
Industry professionals can see a musician's display name, age, location, genres, primary role, what they are open to, skills, years writing music, cover art, bio and tracks. SVI never shows a musician's first and last name to other users, and shows their social media links only to industry professionals they have matched with. Musicians can see the display name, company or organization, role or title, location and bio of industry professionals, including those who show interest in their tracks. Musicians do not see other musicians' profiles or tracks. The user you matched with sees the messages you send. SVI's administrators can see the information on FirstListen, including conversations, and use it to review reports, moderate content and enforce our Terms of Service.
SVI may use information you have provided in registering for, or use of, SVI Products without directly or indirectly identifying you, to third parties. This may be done, for example, to identify the number of people visiting a specific web site, or commenting on a certain product, person, or idea. This may be used to provide advertisements to you on products or services that will potentially be more interesting or relevant to you. Under no circumstances will we provide information identifying you to a third party, rather we will pass on an advertising announcement to you, but we will not tell the third party who you are.
SVI may send you information about products and services of ours that we think you might like. SVI currently has no partner companies.
If you have agreed to receive marketing, you may always opt out later.
You have the right at any time to stop SVI from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please send us an Email at support@firstlisten.live.
Information obtained by virtue of your using SVI Products
When you use SVI Products, we will collect the following information:
1. The Internet domain and IP address from which you access the SVI Products;
2. The type of browser and operating system used to access the SVI Products;
3. Screen resolution of your monitor;
4. The date and time you access the SVI Products;
5. The page you are visiting with the SVI Products;
6. If you linked to a SVI web site from another referring web site, the address of that web site.
In the FirstListen app, we also record when an industry professional opens a musician's profile or plays one of their tracks. We use these records to show each musician how many times industry professionals have viewed their profile and played their tracks. Musicians see only the totals. If you allow notifications, we store a token for your device so that we can notify you about interest, matches, messages and your account. If you subscribe, we receive the status of your subscription from RevenueCat and the store, such as whether it is active, which plan you chose and when it renews or ends. Apple or Google handles your payment, and we do not receive your card details.
By using the SVI Products, you are consenting to have your personal data transferred to and processed within the country you reside in, as well as the United States of America and Canada.
We keep FirstListen's database and the files you upload on servers in the United States.
In addition, SVI may collect certain information automatically if you are using a mobile device, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use and the information about the way you use the Application.
SVI does not collect precise information about the location of your mobile device.
SVI will make commercially reasonable efforts to ensure that personal information is accurate, complete, and current as required for the purposes for which it was collected. If you find any inaccuracies in our information, please inform us and we will make the appropriate corrections promptly.
Sharing of Information
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the SVI Products and our services in general. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose information you provide or information we obtain by virtue of your using SVI Products:
• as required by law, such to comply to a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• with our trusted services providers who work on our behalf and have agreed to adhere to the rules set forth in this privacy statement; and
• if SVI is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choice you may have regarding this information.
Service Providers
We use these service providers, which process information on our behalf:
• Supabase, which hosts our database, file storage and sign-in, in the United States;
• RevenueCat, which manages subscriptions and receives your FirstListen account identifier and your purchase records from the App Store or Google Play;
• Apple and Google, which process subscription payments through the App Store and Google Play, and which share basic profile information with us when you sign in with Apple or Google;
• Sentry, which receives crash and error reports from the app, after we remove your email address, account identifier, device identifiers and IP address from them;
• Expo, which passes our notifications to Apple Push Notification service or Firebase Cloud Messaging (Google) for delivery to your device, and which the app contacts to check for updates. A notification about a new message includes the first part of that message;
• Resend, which sends our account emails, such as email verification and password reset, and delivers the messages you send through our support and copyright forms to our support inbox; and
• Hostinger, which hosts the firstlisten.live web site.
Cookies
We do not use cookies or third-party tracking. Our web site, firstlisten.live, is a static site, and the FirstListen app keeps your sign-in securely on your device rather than in cookies. The app's only usage analytics are the first-party records of profile views and track plays described above, which we keep with the rest of your FirstListen information and do not share with advertisers. If we introduce third-party analytics or non-essential cookies in the future, we will update this policy and, where required, present a consent banner before any such cookies are set.
Security
Our web sites have industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, SVI will take all commercially reasonable steps to ensure the safety of your personal information.
Links to Other Sites
SVI Products may contain links to other web sites or applications. SVI is not responsible for the privacy practices of such other web sites or applications, and expressly disclaims all liability associated with your use of, and the content of, such other sites or applications.
Minors
The SVI Products are not intended for anyone under the age of 14, and FirstListen does not accept a musician profile from anyone younger. A musician aged 14 to 17 must have a parent or guardian approve their account.
Your Data Protection Rights
SVI would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request SVI for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that SVI correct any information you believe is inaccurate. You also have the right to request SVI to complete information you believe is incomplete.
The right to erasure - You have the right to request that SVI erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that SVI restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to SVI's processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that SVI transfer the data that we have collected to another organization, or directly to you, under certain conditions.
Your California Privacy Rights
If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act, gives you specific rights regarding your personal information.
SVI does not sell your personal information, and does not share it for cross-context behavioural advertising. We have not done so in the preceding twelve months. FirstListen carries no advertising trackers, and SVI currently has no partner companies.
The categories of personal information we collect are described above in this policy. Subject to verification of your identity and to the exceptions the law allows, California residents may request to know the categories and specific pieces of personal information we hold, to correct inaccurate personal information, to delete personal information, and to receive a portable copy. You may delete your account and all of its data at any time from within the app, or by contacting us. SVI will not discriminate against you for exercising any of these rights.
To make a request, contact us using the details under "Accountability and how to Contact Us" below. You may use an authorised agent, and we may ask that agent for proof of your authorisation.
Retention and Deletion
We will retain information you provide or information we obtain by virtue of your using SVI Products for as long as you use the SVI Products and for a reasonable time thereafter. We will retain information we obtain by virtue of your using SVI Products for up to 12 months and thereafter may store it in anonymized aggregate.
You can delete your account at any time from the More tab of the FirstListen app, or by following the steps at https://firstlisten.live/delete-account/. When you delete your account, we remove your profile, tracks, matches and messages from the live SVI Products immediately and delete the files you uploaded from our storage. Residual copies within our encrypted backups are purged within thirty days. Beyond that period we keep only a minimal record: the messages you sent to our support team, including any copyright notice, and the records of your subscription purchases. We keep them where the law requires it or to deal with fraud, a legal claim, a copyright notice or a regulatory request, and never use them for marketing.
By using SVI Products, you agree to the preceding uses of your information in this way by SVI.
Accountability and how to Contact Us
SVI is accountable for all personal information under its control. SVI has appointed a Privacy and Data Protection Officer who is designated as responsible for our privacy policy. The Privacy and Data Protection Officer can be reached by email at support@firstlisten.live. If you would like to exercise any of the rights you have with respect to your data, or if you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us at:
Email: support@firstlisten.live
Phone: 1-780-802-2520
In writing: ScotEllas Ventures Inc., c/o Craig Sherburne, 103, 6030 – 88 Street, Edmonton, Alberta, Canada T6E 6G4
