Last Updated: August 7th, 2022
In this Policy, “we”, "us" and "our" mean Sony Music Entertainment (Japan) Inc. (4-5 Rokubancho Chiyoda-ku, Tokyo, 102-8353 Japan) (“SME”) and any legal entities controlled by SME (the term “control” in this context means the direct or indirect ownership of at least fifty percent (50%) of the voting interest in such corporation or the power in fact to control the management decisions of such entity).
SUMMARY OF KEY POINTS
• We use the Collected Data (defined below) to provide you with features and functions of the Online Audition, and to provide you with other requested content related to our services and other offerings. Please read “Section 1) What data do we collect when you use the Online Audition?” and “Section 2) How we use the Collected Data” to learn more about this.
• Depending on where you are located, you have certain rights, including a right to object to some of the processing which we carry out. Please read “Section 8) Privacy Rights (including California Privacy Rights)” to learn more about this.
• We disclose the Collected Data when we engage a third party to process data on our behalf, when such sharing is required by law or in certain other situations. Please read “Section 3) Who else has access to the Collected Data?” to learn more about this.
• Depending on where you are located, the Collected Data may be transferred out of your home country/region to the United States, Japan, and other jurisdictions that may not provide the same level of data protection as your home country/region. Please read “Section 5) International Transfer of the Collected Data and Consent for Processing” to learn more about this.
1) What data do we collect when you use the Online Audition?
For the purpose of this Policy, "Personal Information" means any information about or related to an identified or identifiable individual. This includes information that can identify an individual in combination with other information that is stored by us, even if such information cannot identify the individual on its own. In relation to your use of the Online Audition, we collect and use information or data as described below (collectively, the “Collected Data”), some of which may be considered “Personal Information” under applicable law in your jurisdiction.
Information you provide to us:
When you newly register for and/or in the process of the Online Audition, we collect your credential information that you provide to us, such as your nickname, first and last name, email address, country/region of residence, address, native language, age, gender, social media account ID, your videos/voices, general self-introduction, short essay, relationships with other talent management agencies, application history, and your history of activity as a contents creator/VTuber.
Information we collect automatically:
In addition to any information that you choose to provide to the Online Audition, whenever you visit or interact with the Online Audition, we, as well as any third-party analytics providers or other service providers, may use a variety of technologies that automatically or passively collect information about how the Online Audition is accessed and used ("Usage Information"). Usage Information may include, without limitation, browser type, operating system, the page served, time on the Online Audition, geolocation data, and the preceding page views. Usage Information is treated as Personal Information where required by law.
We may also automatically collect your IP address or other unique identifiers ("Device Identifiers") for the computer, mobile device, technology or other device (collectively, "Devices") you use to access the Online Audition. A Device Identifier is a number that is automatically assigned to your Device when you access a property or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Online Audition.
The technologies used on the Online Audition to collect Usage Information, including Device Identifiers, include:
• Cookies: "Cookies" (which may be html files, Flash files or other technology) are small text files that help store user preferences and activity. A Cookie is placed on a Device when that Device is used to access or visit the Online Audition. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to the Online Audition and customizing your experience on the Online Audition. You may configure your browser or Device to block the use of certain Cookies. However, please note that if you choose to disable Cookies on your Device, some features of the Online Audition and our online offerings may not function properly.
• Web Beacons: “Web beacons” (also known as image tags, pixel tags, clear GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for various purposes, including, without limitation, to count visitors to the Online Audition, to monitor how users navigate the Online Audition, to count how many sent e-mails were actually opened or to determine whether content sent was actually viewed.
• Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Online Audition, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third-party service provider, is active only while you are connected to the Online Audition, and is deactivated or deleted thereafter.
Please note that third parties may collect Personal Information about your online activities over time and across different websites when you visit or use the Online Audition or other online websites and services. For example, some third parties' embedded content or plugins on the Online Audition, such as social media sharing tools, allow their operators to learn that you have visited or interacted with the Online Audition, and they may combine this information with other, identifiable information they have collected about your visits to other websites or online services. These third parties may handle this information, and other information they directly collect through their content and plugins, pursuant to their own privacy policies.
Online Tracking. Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet uniform. For this reason, the Online Audition do not respond to such signals, except where required by law.
Ad Serving and Traffic Measurement Services We May Use:
We may license technology to serve advertisements on the Online Audition. In addition, we may use third-party network advertisers to serve advertisements on the Online Audition and third-party analytics service providers (such as Google Analytics) to evaluate and provide us with information about the use of the Online Audition and viewing of our content. We do not share the information that you provide to us, such as your nickname and/or email address with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own Cookies, Web beacons and embedded scripts on your Device from the Online Audition. These Cookies, Web beacons, and embedded scripts may collect Personal Information or other information about your use of the Online Audition over time and other third-party websites or applications and they may otherwise collect or have access to information about you, including Usage Information. Cookies and Web beacons, including those set by third-party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, or conduct research regarding the usefulness of certain advertisements to you.
To opt-out of such Cookies, please exercise choice below:
To generally opt-out of interest-based advertising on mobile-optimized or desktop websites, please visit the Digital Advertising Alliance (DAA) in US (http://youradchoices.com) and the Network Advertising Initiative (NAI) in US (https://www.networkadvertising.org/). Please note that by opting out of such Cookies, you may still receive advertisements, but the network from which you opted out will no longer deliver ads tailored to your interests.
Please review your Internet browser settings, typically under the sections "Help" or "Internet Options," to exercise choices you have for certain Cookies that are not part of the DAA or NAI.
For instructions on how to configure your browser settings to reject Cookies being served by companies that are not part of the DAA or NAI, click here or go to https://www.allaboutcookies.org/manage-cookies/. You can also delete all Cookies that are already on your computer's hard drive by searching for and deleting files with "cookie" in it.
Additional Opt-Out Choices: You may configure your browser or Device to block the use of certain Cookies.
Please note that without certain Cookies, it may make it difficult for you to use certain features on the Online Audition.
Social Media Applications:
Functionality on the Online Audition may permit interactions between the Online Audition and third-party properties, such as Facebook and Twitter. Such functionality enables you to “like” a product or online content, “share” content to other properties, and otherwise link the Online Audition with another third-party property. If you choose to “like” or “share” content or to otherwise post information from or via the Online Audition to a third-party property, that information may become public and the third-party property may have access to information about you and your use of the Online Audition.
You may also choose to participate in a third-party application or feature (such as Facebook applications or a similar application or feature on a third-party property, or otherwise linking the Online Audition with another property) through which you allow us to collect (or the third party to share) information about you, including Personal Information. When you choose to participate, you may be opting to link your activity on the Online Audition with that third-party property, which may then collect information about your visits to the Online Audition and may publish that activity as you request to your "profile" or similar feature with that third party (such as if you choose to share content you find on one of the Online Audition with your "connections" on the third party's property). The information we collect is subject to this Policy. However, the information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us or with other third parties, the types of information shared, and your choices regarding what is visible to others on that third party's property. The third party may allow you to remove an application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected in accordance with this Policy.
Third Party Content, Links to Other Properties and Services, and Our Content on Other Websites
Certain content on the Online Audition may be hosted and served by third parties, which may include third-party widgets (such as those that allow you to "like" or "share" content with third-party websites and interactive services or to provide ratings and reviews). In addition, when you are on the Online Audition you may be directed to other websites that are operated and controlled by third parties that are beyond our control. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, our content and widgets may be included on web pages and websites that are not associated with us and over which we have no control. These other websites may send their own Cookies to your Device, and they may independently collect data or solicit Personal Information. We are not responsible for the privacy practices of any third party.
2) How we use the Collected Data
We will use the Collected Data for the following purposes:
• Registration for PRISM Project General Audition 2022: We use your credential information to register you as an applicant for PRISM Project General Audition 2022;
• Service Provision: We use the Collected Data to operate, maintain, enhance and provide features and functions of the Online Audition, including processing your registration;
• Communications: We use the Collected Data to communicate with you about the Online Audition for administrative and informational purposes. Examples of said communications include notifications related to the Online Audition, responses to your inquiries or requests, customer support-related communications and changes to any of our terms & conditions or policies;
• Service Improvement and Development: We use the Collected Data to optimize and improve our services, including the Online Audition, and to develop new products, contents, services, features and functions by analyzing and understanding the usage trends and preferences of our users;
• Compliance with Law: We use the Collected Data to ensure compliance with our internal policies, agreements with our stakeholders, applicable laws and regulations, court orders, government and law enforcement requests. We also use the Collected Data to enforce or defend our legal rights or the terms and conditions of any our service, or to retain and store your Personal Information to comply with specific legal retention requirements, regulatory audits, and other record keeping purposes (including to meet internal and external audit requirements);
• Fraud prevention and investigation: We will use the Collected Data to comply with monitoring, prevention, detection and investigation obligations, laws associated with the identification and reporting of illegal and illicit activity, including fraud and anti-money laundering, and financial reporting obligations;
• Security: We will use the Collected Data to maintain the integrity and security of our websites, contents and services and preventing and detecting security threats, fraud or other criminal or malicious activity that might compromise your Devices; and
• Other: In any other way, with your consent or permitted under applicable law.
3) Who else has access to the Collected Data?
We will make the Collected Data available to third parties as follows:
Third-party service providers
We may use our internal third-party service providers to process the Collected Data. The service providers are engaged for the purposes of pursuing the activities outlined in this Policy, acting as processors.
In the event that we sell or transfer a portion or all of our business, the Collected Data may be transferred by us to the purchasing or acquiring entity as part of the transaction. We will continue to ensure the confidentiality of the Collected Data before such transaction occurs, and after such transaction, we will delete the Collected Data as soon as reasonably practicable after such transaction.
Compliance and enforcement
We will retain, use and/or disclose any of the Collected Data as required or permitted by law, regulation or order, including to the police or other appropriate authorities, to investigate complaints made by or against you, or to protect or defend ourselves, or others, against illegal, criminal or harmful activities.
4) Data Retention, Managing the Collected Data
We will continue to retain the Collected Data for 12 months after the completion of PRISM Project General Audition 2022 unless local law tells us to keep it for longer. Please note that we may be required to retain certain information by law. Where we no longer require the Collected Data, it will be destroyed or de-identified in line with our policies. When we say de-identified, we mean that we will remove information that could be used to identify you from the Collected Data.
5) International Transfer of the Collected Data and Consent for Processing
The Collected Data will be processed, stored and transferred for the purposes outlined in this Policy from your country/region of residence to various countries/regions outside your country/region of residence, including Japan and the United States. The Collected Data will be processed by staff operating outside your country/region of residence who work for us or for one of our service providers and may be seen by such staff in those countries/regions.
This may impact your rights in your local jurisdiction and also in the applicable overseas jurisdiction(s). These overseas jurisdictions may also need to disclose your Personal Information to a third party, as an overseas authority.
We undertake reasonable security measures designed to protect against the loss, misuse or alteration of the Collected Data. We take information security very seriously but we cannot guarantee or warrant the absolute security of any information that we store on our systems or that is stored on our third-party contractors’ systems.
7) Children’s Privacy
We are committed to complying with all applicable laws and regulations regarding the collection, storage and use of Personal Information concerning children, including the Children's Online Privacy Protection Act in the United States and applicable local legislation in other countries/regions. The Online Audition is intended for a general audience. The Online Audition is not directed to and does not knowingly collect Personal Information from children under eighteen (18) years of age. Depending on your country/region of residence, this age of children may differ. If you are a parent or guardian and are concerned that your child has provided us with Personal Information without your consent, you should contact us as indicated in Section 10 below. If we become aware that we have received or collected Personal Information about a child under eighteen (18) years of age, we will delete that Personal Information as soon as possible.
8) Privacy Rights (including California Privacy Rights)
In some countries/regions, you have certain rights with respect to the Personal Information we hold about you. These may include the right to request a copy of the Collected Data that we or our group companies holds about you and/or you may request that we provide a copy, correct, amend, delete, erase, destroy, object or block/restrict processing and/or use of such Collected Data if it is inaccurate. In some countries/regions, you may also ask us to provide some types of the information to you in a structured, machine-readable format and ask us to share (port) such data with another controller. These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep, or have compelling legitimate interests in keeping. If you would like to exercise any of these rights, please contact us as described in Section 10 below. If you are not satisfied with how we have handled your questions, concerns or have any complaints about how we process personal data, you have a right to lodge a complaint with the local data protection supervisory authority.
[Notice to California Residents]
If you reside in California, we are required by California law to provide you with additional information about how we use and disclose your information, and you may have additional rights with regard to how we use your information. We have included this California-specific information below.
CA Personal Information. Consistent with Section 1 above, we collect certain categories of Personal Information about California residents (“CA Personal Information”) for the purpose described in this Policy, specifically: Identifiers, Commercial Information, Internet or Other Electronic Network Activity and Audio, Visual and Similar Electronic Information. Nonetheless, the specific Personal Information that we collect, use, and disclose relating to a California resident will depend on our specific relationship or interaction with that individual.
California Consumer Rights.
Subject to certain exceptions detailed in the California Consumer Privacy Act (“CCPA") and other applicable laws and regulations, as a California resident, you have the right to:
• request access to your CA Personal Information, including information about the categories of the CA Personal Information we have collected, the categories of sources from which we have collected your CA Personal Information, the business or commercial purpose for collecting, selling, or sharing your CA Personal Information, the categories of third parties to whom we disclose the CA Personal Information, and the specific pieces of the CA Personal Information we have collected about you;
• request deletion of your CA Personal Information; however, to the extent permitted by applicable law, we may be required to retain some of your CA Personal Information, and certain CA Personal Information is strictly necessary for us to fulfill the purposes described in this Policy;
• request information about the CA Personal Information about you that we have disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose;
• request information about the CA Personal Information about you that we have "sold" or "shared" (as such terms is defined under applicable California privacy laws) and the categories of third parties to whom the CA Personal Information was sold or shared; and
• opt-out of the "sale" or "sharing" of your CA Personal Information (as such terms is defined under applicable California laws), if applicable.
Exercising Your California Consumer Rights. If you are a California resident and wish to exercise any of these rights or if you have questions regarding the CA Personal Information collected or shared with third parties, please: (a) contact us as described in the Section 10 below with the specific nature of your request, referencing “Your California Privacy Rights – PRISM Project General Audition 2022”; or (b) call the following toll-free number +1 800-541-7756. When submitting your request, you must include your first and last name, email address, and zip code or mailing address. You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. Please note that you are limited by law in the number of requests you may submit per year. In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the CA Personal Information that we maintain relates to you. In other instances, we may decline to honor your request where an exception under California privacy laws applies, such as where the disclosure of the CA Personal Information would adversely affect the rights and freedoms of another consumer. We will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon you exercising your rights to your CA Personal Information.
Sources of the CA Personal Information. Consistent with Section 1 above, we may collect the CA Personal Information from you.
Purposes. We collect the CA Personal Information for the business and commercial purposes described above. We also share your CA Personal Information as follows:
• Sharing your CA Personal Information for Business Purposes: In the preceding twelve (12) months, we may have shared the following categories of the CA Personal Information for business purposes: Identifiers and Other Consumer Information. This CA Personal Information may be shared for the purpose of providing services to you, for legal compliance, or to protect legitimate interests, in compliance with law.
Sale of the CA Personal Information. In the preceding twelve (12) months, we have not sold (as defined under CCPA) the CA Personal Information. We do not knowingly share the CA Personal Information of individuals under sixteen (16) years of age, in a manner that constitutes a "sale" under California law.
Authorized Agents: To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.
California "Shine the Light" law
California Civil Code Section 1798.83, also known as California's "Shine the Light" law, permits residents of California to request certain details about information we may disclose to third parties for direct marketing purposes. We do not knowingly share personal information (as defined by California’s “Shine the Light” law) with non- affiliated third parties for their own direct marketing purposes.
From time to time, we may have to update this Policy. We will let you know of any material changes to this Policy through our website https://www.prismproject.jp/audition2022. If the applicable law requires us to obtain your consent, we will ask you for your consent.
10) Contact Information
If you have a privacy concern, complaint or question, please contact the following:
Sony Music Entertainment (Japan) Inc.
4-5 Rokubancho Chiyoda-ku, Tokyo, 102-8353 Japan