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HaiMusic Privacy Policy

Last Updated: October 18, 2024

HaiMusic Limited (“we”, “us”, or “our”) is committed to protecting your privacy and empowering your creativity. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website, software, and services (collectively, the “Services”).

This policy is designed to be transparent and to help you understand your rights. By using our Services, you agree to the collection and use of information in accordance with this policy. This Privacy Policy should be read in conjunction with our Terms of Service, which governs your use of the Services.

1. Information We Collect

We collect information that you provide directly to us, information we collect automatically, and information we may receive from other sources. The information we collect depends on how you interact with our Services.

  • Information You Provide to Us
    • Account Information: When you register for an account, subscribe to a plan, or update your profile, we collect personal information such as your name, email address, password, and contact details.
    • Payment Information: When you make a purchase or subscribe to a plan, our third-party payment processors (e.g., Stripe) collect your payment information, such as credit card details or other financial information. We do not store your full payment card details on our servers. We only receive transaction confirmations and necessary details to manage your subscription.
    • User Content: When you use our AI music generation features, we collect the content you provide, which includes text prompts, musical parameters, or any audio, image, or other files you upload (collectively, “Inputs”). We also collect and store the music generated by the AI based on your Inputs (“Outputs”).
    • Communications: When you contact us for customer support, provide feedback, or otherwise communicate with us, we collect the information you provide in your communications, such as your name, email address, and the content of your message.
  • Information We Collect Automatically
    • Usage and Log Information: We automatically collect information about your use of the Services, including your IP address, browser type and settings, device information, operating system, the pages or features you access, the time and date of your access, and other system activity. This helps us understand how our Services are used and diagnose technical issues.
    • Cookies and Similar Technologies: We use cookies, web beacons, and similar tracking technologies to operate and personalize our Services. Cookies help us remember your preferences (like language), secure your account, and analyze how you interact with our platform. Our use of cookies is detailed in the "Cookies and Tracking Technologies" section below.

2. How We Use Your Information and Our Lawful Bases for Processing

We use your information for the following purposes, relying on specific legal bases under laws like the GDPR:

  • To Provide and Maintain the Services: To operate our platform, deliver the music you generate, process your transactions, authenticate users, and provide customer support. Our legal basis for this is the performance of our contract with you.
  • To Improve and Develop Our Services: To analyze usage trends and User Content (both Inputs and Outputs) to enhance our features, improve the quality and accuracy of our platform, and develop new technologies and services. Our legal basis for this is our legitimate interest in making our Services better for our users.
  • To Communicate with You: To send you essential service-related messages (e.g., account alerts, updates to our terms) and, if you consent, marketing materials. The basis for service messages is performance of our contract, and for marketing it is your consent.
  • To Ensure Security and Prevent Fraud: To protect against fraud, abuse, and security threats by monitoring activity on our platform. Our legal basis is our legitimate interest in protecting our Services, our company, and our users.
  • To Comply with Legal Obligations: To comply with applicable laws, regulations, court orders, or other legal obligations. Our legal basis is legal obligation.

3. Data Sharing and Disclosure

We do not sell your personal information. We may share your information with the following categories of third parties only in the ways that are described in this Privacy Policy.

  • Service Providers: We share information with third-party vendors and service providers who perform services on our behalf, such as cloud hosting (e.g., Amazon Web Services), payment processing (e.g., Stripe), platform analytics (e.g., Google Analytics), and customer support services. These providers are contractually obligated to protect your information and are restricted from using it for any other purpose.
  • Affiliates: We may share information with companies within our corporate family for operational, business, and marketing purposes, consistent with this Privacy Policy.
  • Legal Requirements and Protection of Rights: We may disclose your information if we believe it is necessary to comply with a law, regulation, legal process, or governmental request; to enforce our Terms of Service and other agreements; to protect the security or integrity of our Services; or to protect the rights, property, or safety of HaiMusic, our users, or the public.
  • Business Transfers: In the event of a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, your information may be sold or transferred as part of that transaction. We will notify you of any such deal and outline your choices in that event.
  • With Your Consent: We may share your information with other third parties when we have your explicit consent to do so.

4. Intellectual Property of Generated Music

It is important to understand the rights associated with the music you generate using our Services.

  • Your Inputs: You retain any intellectual property rights you have in the original Inputs you provide to the Services.
  • Our Outputs: HaiMusic and/or its licensors own all rights, title, and interest, including all intellectual property rights (such as copyright), in and to the Outputs (the AI-generated music). When you generate music, you are granted a license—not ownership—to use that music. The scope of your license (e.g., whether it can be used for commercial purposes) is determined by your subscription plan and is detailed in our Terms of Service.
  • Prohibited Uses: As detailed in our Terms of Service, you are prohibited from certain uses of the Outputs, including but not limited to, registering them with Content ID services, selling them as standalone music tracks, or using them to train a competing AI model.3

5. EU/UK Right of Withdrawal

For users in the European Union and United Kingdom, you generally have a 14-day right to withdraw from a purchase of digital content or services (a "cooling-off period").19 However, this right is waived if you wish to receive immediate access to the digital content. To gain immediate access, you will be required during the purchase process to: (1) provide your express consent to the immediate supply of the content, and (2) explicitly acknowledge that by doing so, you lose your right of withdrawal.21 We will provide you with a confirmation of your agreement and waiver on a durable medium (e.g., in your purchase confirmation email).22

6. Cookies and Tracking Technologies

We use cookies and similar technologies to help operate, secure, and analyze our Services.

  • Essential Cookies: These are necessary for the Services to function and cannot be switched off. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.
  • Performance and Analytics Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. We use services like Google Analytics for this purpose.
  • Advertising Cookies: We do not currently use third-party advertising cookies to track you across other sites and build a profile of your interests for targeted advertising. If this changes, we will update this policy and request your consent.

Your Choices: You can control and manage cookies through your browser settings. Please note that removing or blocking cookies may negatively impact your user experience and some features may no longer be available. You can also use a cookie consent management tool on our website to manage your preferences for non-essential cookies.

7. Data Security and Retention

Security: We implement robust technical and organizational security measures designed to protect your information from unauthorized access, use, alteration, or disclosure. These measures include data encryption in transit and at rest, access controls, and regular security assessments. However, no electronic transmission or storage system is 100% secure, and we cannot guarantee absolute security. You are also responsible for safeguarding your account credentials.

Retention: We retain your personal information for as long as is necessary to fulfill the purposes for which it was collected, including to provide our Services, comply with our legal obligations, resolve disputes, and enforce our agreements.

  • Your Account Information is retained for as long as your account is active.
  • User Content may be retained to allow you to access your generation history and for service improvement purposes.
  • When your account is deleted, we will take steps to delete your personal information from our active systems. Some data may be retained in our backup archives for a limited period for legal, tax, or regulatory reasons before being securely deleted.

8. International Data Transfers

HaiMusic is based in Hong Kong. Your information may be transferred to, stored, and processed in countries other than your own, including Hong Kong and the United States, where our servers or service providers may be located. These countries may have data protection laws that are different from the laws of your country.

When we transfer personal information from the European Economic Area (EEA), the UK, or Switzerland to other countries, we use appropriate legal mechanisms to safeguard the transfer, such as the European Commission's Standard Contractual Clauses (SCCs). By using our Services, you consent to the transfer of your information to these countries.

9. Your Privacy Rights

Depending on your location and subject to applicable law, you may have the following rights regarding your personal information:

  • Right of Access: To request access to and receive a copy of the personal information we hold about you.
  • Right to Rectification: To request that we correct any inaccurate or incomplete personal information.
  • Right to Erasure (Right to be Forgotten): To request that we delete your personal information, subject to certain exceptions.
  • Right to Restrict Processing: To request that we restrict the processing of your personal information in certain circumstances.
  • Right to Data Portability: To receive your personal information in a structured, commonly used, and machine-readable format and to have it transmitted to another controller.
  • Right to Object: To object to the processing of your personal information where we are relying on a legitimate interest as our legal basis.
  • Right to Withdraw Consent: To withdraw your consent at any time where we are relying on consent to process your personal information (e.g., for marketing).
  • Rights Related to Automated Decision-Making: The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you.

Exercising Your Rights: To exercise any of these rights, please contact us at privacy@haimusic.ai or through your account settings. We will respond to your request in accordance with applicable law. Our data handling practices are guided by Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and its six Data Protection Principles.17 Under the PDPO, users in Hong Kong have specific statutory rights to request access to and correction of their personal data.17

Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.

10. Specific Provisions for California Residents

This section provides additional details for California residents to comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).

  • Your California Privacy Rights: You have the rights to Know, Delete, Correct, and Opt-Out of the sale or sharing of your personal information, as described in the "Your Privacy Rights" section. You also have the right to limit the use of your Sensitive Personal Information.
  • Notice of Collection: We have collected the following categories of personal information (as defined by the CCPA) in the past 12 months: Identifiers, Customer Records Information, Commercial Information, and Internet or Other Electronic Network Activity Information. We collect this information for the business purposes described in the "How We Use Your Information" section.15
  • "Do Not Sell or Share My Personal Information": We do not sell your personal information for monetary consideration. However, the use of some third-party analytics cookies may be considered "sharing" under the CCPA.9 You can opt out of this by managing your cookie preferences.
  • Sensitive Personal Information: We do not currently collect "Sensitive Personal Information" as defined by the CPRA. If this changes, we will update this policy and provide you with the right to limit its use.

To exercise your rights, please contact us at privacy@haimusic.ai. We will not discriminate against you for exercising your CCPA rights.

11. Children's Privacy

Our Services are not intended for or directed at children under the age of 13 (or 16 in the EEA/UK). We do not knowingly collect personal information from children under this age. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at privacy@haimusic.ai, and we will take steps to delete such information.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we do, we will revise the "Last Updated" date at the top of the policy. If we make material changes, we will provide you with notice, such as by sending an email or posting a prominent notice on our Services. We encourage you to review this policy periodically.

13. Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or our data practices, please contact us.

HaiMusic Limited

Email for Privacy Inquiries: privacy@haimusic.ai
Website: www.HaiMusic.ai