NYA PRIVACY POLICY

LAST UPDATED November 26, 2018

1. Introduction

Thanks for choosing NYA!

We at Shakey Pictures, Inc. (“NYA”, “we”, “us”) want to give you the best possible experience to ensure that you enjoy our service today, tomorrow, and in the future. To do this we need to understand your listening habits so we can deliver an exceptional and personalized service specifically for you. That said, your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.

That is our objective, and this Privacy Policy (“Policy”) will explain exactly what we mean in further detail below.

2. About this Policy

This Policy sets out the essential details relating to your personal data relationship with NYA. The Policy applies to all NYA services, including this website and web properties (e.g., widgets and applications) (the “Site”) and mobile applications (“Mobile Apps”) (collectively the “NYA Service”). The terms governing your use of the NYA Service are defined in our Terms of Use (the “Terms of Use”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

• Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
• Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the NYA Service; and
• Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see Section 14 below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the NYA Service.

3. Your rights and your preferences: Giving you choice and control

We have implemented certain transparency and access controls in our Privacy Settings to help users understand and take advantage of rights granted to you regarding use of your personal data . As available and except as limited under applicable law, the rights afforded to individuals are:

Right of Access - the right to request access to the personal data we process about you;

Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;

Right to Erasure - the right to request that we delete your personal data, unless an exception applies. For example, we may need to keep your personal data to comply with our legal obligations;

Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data in certain circumstances. For example, if you contest the accuracy of your personal data, you may request that we restrict the processing of your personal data for the time it takes us to verify the accuracy of the data;

Right to Object – the right to object to us processing your personal data in certain circumstances. For example, you may object to direct marketing including the use of your personal data for direct marketing profiling.

Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service.

In order to enable you to exercise these rights with ease and to record your preferences in relation to how NYA uses your personal data, we provide you with access to the following settings via your Account Settings page.

Notification Settings - allows you to choose which marketing communications you receive from NYA, If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from NYA (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). You may also email us directly at mydata@mail.neilyoungarchives.com should you wish to restrict processing of your data, deleting your personal data, accessing your data or requesting a copy of your data to exercise the above rights.

4. How do we collect your personal data?

We collect your personal data in the following ways:

When you sign up for the NYA Service - when you sign up to the NYA Service, we collect certain personal data so you can use the NYA Service such as your email address, birth date, gender, and country.

Through your use of the NYA Service - when you use the NYA Service, we collect data about your use of the NYA Service, such as what songs you have played and what playlists you have created.

Personal data collected that enables us to provide you with additional features/functionality - from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data, e.g., to provide you with more features or functionality. You always will have the option to change your mind and withdraw your consent at any time.

From third parties - we will receive personal data about you and your activity from third parties, including partners we work with in order to provide you with the NYA Service (please see Section 7 below). We will use this personal data either where you have provided your consent to the third party or to NYA to that data sharing taking place or where NYA has a legitimate interest to use the personal data in order to provide you with the NYA Service, or for the performance of a contract.

We use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the NYA Service, and developing new features and functionality within the NYA Service.

5. What personal data do we collect from you?

We have set out in the tables below the categories of personal data we collect and use about you:

Personal data collected when you sign up for the NYA Service

Categories of personal data

Description of category

Account Registration Data

This is the personal data that is provided by you or collected by us to enable you to sign up for and use the NYA Service. This information may include your email address, telephone number, postal code, and country.  Some of the personal data we will ask you to provide is required in order to create your account. You also have the option to provide us with some additional personal data in order to make your account more personalized.  The exact personal data we will collect depends on the type of NYA Service plan you sign up for and whether or not you use a Third Party Service (as defined in the Terms of Use, such as Facebook) to sign up and use the NYA Service. If you use a Third Party Service to create an account, we will receive personal data via that Third Party Service but only when you have consented to that Third Party Service sharing your personal data with us.

Personal data collected through your use of the NYA Service

Categories of personal data

Description of category

NYA Service Usage Data

This is the personal or usage data that is collected about you when you are using the NYA Service - this may include:  Information about your type of NYA Service plan. Information about your interactions with the NYA Service which includes the date and time of any requests you make, songs you have listened to, playlists you create, and your interactions with other NYA users. This also may include details of your use of Third Party Applications. Submissions (as defined in the Terms of Use) you post to NYA including messages you send and/or receive via NYA and your interactions with the NYA Customer Service team. Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the NYA Service, unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and NYA application version. If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the NYA Services are accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the NYA Service may not be available to you. The use of cookies allows our vendors and third-parties and their vendors to deliver advertisements about our products and services, and the products and services of others, when you use the NYA Properties or other applications or visit websites or web properties across the Internet on any of your devices. These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the NYA Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the NYA Properties, or other applications, websites or web properties. They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile device and a laptop. These vendors may use information about your visits, on the different devices you use, to the NYA Properties, and other applications, websites or web properties (excluding your name, address, and telephone number), as well as information received from third parties, to provide advertisements for us and others about goods and services that may be of interest to you. If you would like more information about this practice, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info. You may also visit those sites to opt out of these advertising practices in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy. The NYA Service does not respond to browser-based do-not-track signals.

Personal data collected with your permission that enables us to provide you with additional features/functionality

Categories of personal data	Description of category
Voluntary Mobile Data	We may in the future offer new features where we could ask your consent (at your option) to collect additional personal data from your mobile device to provide you with features/functionality that will enhance your NYA Service experience.  We will not access any of the personal data listed below without first obtaining your consent: Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll; Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the NYA Service. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements; and, Your contacts - If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use NYA.
Payment Data	We do not collect your payment data associated with the purchase any of our Products or subscribe to any Streaming Service or other Services (all as defined in the Terms of Use) through the NYA Service; instead, our payment processor Stripe collects payment data. You can learn about the exact personal data collected by Stripe, and their privacy policy, here [https://stripe.com/us/privacy#data-we-collect].
Email Data	This personal data is used to enable NYA and our partners / service providers to send you marketing communications either:  Via email; While using the NYA Service; and/or Direct from the third party.

6. What do we use your personal data for?

When you use or interact with the NYA Service, we use a variety of technologies to process the personal data we collect about you for various reasons.

We have the right to process your personal data based on one or more of the following legal reasons:

• Legitimate Interest. We may process your personal data as required to pursue our legitimate business interests, provided our legitimate interests are not overridden by your rights and interests. For example, we may process your personal data to manage, develop and improve our products and services; support our customers and sales operations; protect our staff and assets; communicate information that supplements our products and services and ensure compliance with laws and regulations.
• Performance of an agreement. We may process your personal data to enter into agreements with you or to fulfill our obligations under agreements with you or your organization. This may include delivering and managing our products and services or allowing customers to use our products, services and supporting tools.
• Legal obligation. We may process your personal data to comply with applicable laws and regulations, establish or exercise our legal rights. For example, in connection with legal claims, compliance, regulatory and investigative purposes.
• Consent. In some instances, we may process your personal data based on your consent. This is most common where we cannot rely on an alternative legal basis or we are required by law to ask for your consent in the context of some of our sales and marketing activities, online data collection tools, or surveys. Where the processing of your personal data by us, is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at mydata@mail.neilyoungarchives.com.

We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data used for these purposes:

Description of why NYA processes your personal data (‘processing purpose’)	Legal Basis for the processing purpose	Categories of personal data used by NYA for the processing purpose
To provide, personalize, and improve your experience with the NYA Service and other services and products provided by NYA, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the NYA Service (including for third party products and services).	Performance of an agreement Legitimate Interest	Account Registration Data Service Usage Data
To understand how you access and use the NYA Service to ensure technical functionality of the NYA Service, develop new products and services, and analyze your use of the NYA Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the NYA Service.	Performance of an agreement Legitimate Interest	Account Registration Data Service Usage Data
To communicate with you for NYA Service-related purposes.	Performance of an agreement Legitimate Interest	Account Registration Data Service Usage Data
To process your payment, to prevent or detect fraud including fraudulent payments and fraudulent use of the NYA Service.	Performance of an agreement Compliance with legal obligations Legitimate Interest	Payment Data
To communicate with you, either directly or through one of our partners, for:  marketing, promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.	Consent Legitimate Interest	Marketing Data
To provide you with features, information, advertising, or other content which is based on your specific location.	Consent	Voluntary Mobile Data

7. Sharing your personal data

We have set out the categories of recipients of the personal data collected or generated through your use of the NYA Service.

Personal data you may choose to share

The following personal data will only be shared with the categories of recipients outlined in the table below if:

• you choose to make use of a specific NYA Service feature where sharing of particular personal data is required for the proper use of the NYA Service feature; or
• you grant us your permission to share the personal data, e.g. by selecting the appropriate setting in the NYA Service.

Categories of Recipients	Reason for sharing
Third Party Applications you connect to your NYA Account	If you connect your NYA account to a Third Party Application, such as, for example, social media or audio platforms, NYA may share your Service Usage Data so you can connect to your NYA account.
Third Party Applications you use to log into NYA	If you log into a Third Party Application using your NYA account credentials, then that Third Party Application may have access to certain Service Usage Data such as your playlists, saved content and activity.  You will receive a notification before connecting to the Third Party Application to let you know what personal data will be shared / accessible to that Third Party Application.
Artists and Record Labels	We may share personal data (like your email address) with Neil (defined in the Terms of Use), or Neil’s record label, including Warner Bros. Records, a Warner Music Group Company and its affiliates (collectively, “Representatives” as further defined in the Terms of Use) for the limited purposes of use in connection with Neil’s, music business related activities but you can also revoke that consent at any time, through adjustments to your notification settings.

Learn more about how to manage notifications, your publicly available information, and what you share with others in Section 3 of this Policy.

Information we may share

Categories of Recipients	Reason for sharing
Service Providers and Others	We use technical service providers which may operate the technical infrastructure that we need to provide the NYA Service, in particular providers which host, store, manage, and maintain the NYA application, its content and the data we process.  We use technical service providers to help us communicate with you, as described in Section 6 of this Policy.  We use marketing and advertising partners to show you more tailored content, or to help us understand your use of the NYA Service, to provide you with a better service. We also may share personal data with certain marketing and advertising partners to send you promotional communications about NYA.
NYA Partners	Depending on how you sign up for the NYA Service (e.g. through a third party service or a mobile provider), we share your NYA username or other Account Registration Data as necessary to enable your account.  We also may share your personal data in a pseudonymised format with our music industry partners to help them understand how the content they license to us is performing and to enable you to listen to streaming content via the NYA Service.  We also share your personal data in a pseudonymised format with marketing partners who help us with promotional efforts and with advertisers that allow us to offer a free service.
Other NYA Group Companies	We will share your personal data with other NYA Group companies to carry out our daily business operations and to enable us to maintain and provide the NYA Service to you.
Law Enforcement and Data Protection Authorities	We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.  We also will share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
Purchasers of our business	We will share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, NYA will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Policy.

8. Data retention and deletion

We keep your personal data only as long as necessary to provide you with the NYA Service and for legitimate and essential business purposes, such as maintaining the performance of the NYA Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the NYA Service. For example, we keep your playlists, song library, and account information.

If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:

• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

• Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

9. Transfer to other countries

NYA shares your personal data globally with our Representatives in order to carry out the activities specified in this Policy. NYA may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.

10. Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the NYA Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

11. Keeping your personal data safe

We are committed to protecting our users’ personal data. While we try to maintain the timeliness, integrity and security of the NYA Service, we do not guarantee that the NYA Service or any Third Party Services is or will be updated, complete, correct or secure or that any use of the NYA Service or any Third Party Services will be uninterrupted. Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the NYA Service.

12. Children

The NYA Service is not directed to children under the age of 13 years. However, in some countries, stricter age limits may apply under local law. Please see our Terms of Use for further details.

We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the NYA Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to NYA, please contact us at mydata@mail.neilyounarchives.com, and you may request exercise of your applicable rights detailed in Section 3 of this Policy.

If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the NYA account for that child.

13. Changes to this Privacy Policy

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the NYA Service or by sending you an email. We may notify you in advance.

Please, therefore, make sure you read any such notice carefully.

14. How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact us by email at help@mail.neilyoungarchives.com, or please write to the following address: Shakey Pictures, Inc., P.O. Box 40063, Pasadena, 91114, Attn: Webmaster. Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.

How to Exercise Your California, Virginia or Colorado Privacy Rights

To Exercise Your Rights to Knowledge, Access, Deletion and/or “Shine the Light”, Please submit a request by:

• Emailing our support help@mail.neilyoungarchives.com with the subject line “Data Subject Request”;
• Filling out our Data Subject Request Form by clicking here.

We will need to verify your identity before processing most requests, which may require us to obtain additional personal information from you. Please provide your name, email address and mailing address in the request, as well as an explanation of the rights you wish to exercise. We will only use the personal information provided in connection with a Consumer Data Rights Request to review and comply with the request. If you do not provide this information, we may not be able to verify or complete your request in all circumstances.

If you wish to submit a verifiable consumer request on behalf of another individual, such as a minor child, we will also need sufficient information to verify that the individual is the person about whom we collected personal information and that you are authorized to submit the request on their behalf.

In certain circumstances, we may decline a request to exercise the rights described above.

To Exercise Your Right to Opt Out of Personal Information Sales, please submit a request by clicking here.