Privacy Policy
Your Privacy Rights
Effective Date: September 25, 2024
This Privacy Policy describes the types of information gathered by Baton Media Inc. (“Baton”, “us” or “we”) in the process of providing https://www.baton.media/ (the “Site”), our mobile application (the “App”), and the data, services, information, tools, functionality, updates and similar materials made available through the Site or App (collectively, the “Service”), how we use the information, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, and our efforts to protect the information you provide to us through the Service.
By using the Service, you are agreeing to the terms of this Privacy Policy and hereby consent to allow us to process information in accordance with this Privacy Policy. Please also refer to our Terms of Service at Baton - Terms of Service (the “Terms of Service”), which govern your use of the Service and which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.
This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Service and/or otherwise making you aware of the changes by notifying you by email to the email address specified in your account. Your continued use of the Service following our notice of changes to this Privacy Policy, or other method of legal acceptance, means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Service and reviewing this Privacy Policy to check for any changes.
Territoriality
Regardless of where our servers are located, your Personal Information may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.
This Privacy Policy may be subject to the provisions of the EU General Data Protection Regulation (“EU GDPR”), the UK General Data Protection Regulation (“UK-GDPR”, and together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Under the GDPR, Baton is a data “Controller.” If you are an individual located in the United Kingdom, Northern Ireland, the European Economic Area, or Switzerland (collectively, and for the purposes of this Privacy Policy, the “EEA”), you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” We will take commercially reasonable steps to maintain compliance with GDPR.
This Privacy Policy describes the types of information we may collect from you when you visit or use our Service, and when we communicate with you electronically, such as through our Service, email, text message and other electronic messages between Baton and you.
This Privacy Policy does not apply to information (a) we collect from you through any in-person or face-to-face interactions we have with you, or through an audio-only telephone conversations; (b) collected by any other websites or applications operated by us, unless the website or application is listed above or links to this Privacy Policy; (c) we collect through any other means; or (d) collected by any third-party website that we may provide a link to or that is accessible from our Service.
We do. Under the GDPR, Baton is what is known as a “Controller” of the Personal Information that you provide us with. We collect Personal Information from you on the Service, and we are responsible for protection of your Personal Information.
A. Personal Information. We collect certain Personal Information about you, which may be supplied when you register for the Service, when you create or update an account, when you use the Service, when you request services, when you link your account with us to your social media account(s) via our optional integration, and otherwise when you submit such information to us. “Personal Information” is information identifying, relating to or about an identified or identifiable individual. The types of Personal Information we collect, process, and store include: - Name, email address, and username; and - Information that you provide to us through the Service, including any Submissions or Content (as defined in the Terms of Service); - Information about computers, devices, browsers and your internet activity as you use and interact with our Service. The information we collect includes unique identifier, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, device type, crash reports, traffic data, log file information, system activity, wireless carrier name (when you use a wireless or mobile device), and the date, time, and referrer URL of your request; - Information about your activity on our Service, internet, network, and other online activity information, such as browsing history, search history, and information regarding your interaction with our Service and other websites. We use various technologies to collect and store location information, including cookies, pixels or pixel tags, local storage, such as browser web storage or application data caches, databases, session replay, and server logs; and - Information about you from publicly accessible sources. We may collect information about you from trusted partners, such as marketing partners who provide us with information about our potential customers, and security partners who provide us with information to protect against fraud and abuse of our Service.
You may provide us with information when you interact with us through email, submit a review or a post, or through other use of the Service. We may retain such information in order to provide you with services, and you agree that we may share this information as needed with other users in order to resolve any issues that may arise between you and another user of the Service.
The Service may be integrated with third party social media platforms, such as Facebook and Instagram (“Platforms”). If you choose to interact with the Platforms through the Service, the Platforms may make additional personal information about you available to us.
The Service may access the internet or use your mobile data plan in order to use certain features of the Service.
Although it may appear that we collect financial information, it is actually collected and processed through our third-party payment processor (“Payment Processor”). Our Payment Processor may collect information such as banking information or credit card number, name, CVV code or date of expiration, from you through use of the Service. Baton cannot access and does not hold your financial information.
B. Non-personal Information. Non-personal information is non-personally identifiable or anonymous information about you, including but not limited to browser information, the pages accessed most frequently, how pages and features are used, time spent on a page, when and how you use the Service, applications downloaded, search terms entered, and similar non-personal data.
Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. Further, the Service may utilize web beacons, pixel tags, third-party cookies, embedded links, and other commonly used information-gathering tools.
If non-personal information is paired to any of your Personal Information, we will treat the non-personal information as if it were also Personal Information.
Part of the purpose of the Service is to share materials you make available. Anything you publicly post will not be considered Personal Information.
C. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information, such as the date and time of any request you make, your language preference, pages you visit, the referring website, the website you go to immediately after visiting our Site, the domain name of your Internet service provider, and aggregated data derived from your Personal Information.
We accept and gather information in an effort to provide the Service to you. We need to collect your Personal Information so that we can respond to your requests for information or to be added to our email lists, to integrate with Platforms at your option, and otherwise provide the Service. Our Payment Processor collects your payment information to facilitate any payment which may become due and owing because of your use of the Service. We also collect aggregate information to help us better design the Service. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide services to you. We use the IP address assigned to your device to send you the data you request to display on your device. We use unique identifiers stored in cookies on your device to help us authenticate you as the person who should have access to certain areas and features of our Service. We also use your information to ensure our Service is working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information for research and development for our business, and to make improvements to our Service.
We use your information to help improve the safety and reliability of our Service. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Baton, our users, or the public. Information may also be used in connection for legal reasons and purposes, such as to comply with applicable law, regulation, legal process, or enforceable governmental request; to enforce our Terms of Service , including investigation of potential violations; and to detect, prevent, or otherwise address fraud, security, or technical issues; and to protect against harm to the rights, property or safety of Baton, our users, or the public as required or permitted by law.
A. We use the Personal Information you provide for the purposes for which you have submitted it, including: - Provide the Service. We may use your Personal Information to provide, support, personalize, debug, develop, and improve the Service and other offerings, to allow you to participate in interactive features of the Service, and to process your requests, purchases, transactions, and payments. - Internal Uses. We may use your Personal Information to respond to your inquiries, to fulfill your requests for information or meet the reason you provided the information, to track usage trends, to conduct usage experiments, and to perform research and analytics, including, but not limited to analyzing web activity associated with your user profile. - Making Payments. Our Payment Processor uses your Personal Information to process your payments, if any, in relation to your use of the Service. - Creating and Maintaining Your Account. We may use your Personal Information to create and maintain an account for you to allow use of the Service. - Communicating With You About Our Services. We may use your Personal Information to send you information about new services and other items that may be of interest to you. - Sending Administrative and Promotional Emails. We may use your Personal Information to send you emails to: (a) confirm your account information and your other Personal Information; (b) confirm registration; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products. - Social Media Integration. We may use your Personal Information to, at your request, integrate your social media accounts with the Service, and to provide to you the social media features of the Service. - Security. We may use your Personal Information to authenticate use, detect and prevent fraudulent use, and otherwise maintain the security of our Service and the safety of others. - Other Purposes. We may use your Personal Information (a) to respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual obligations, (b) to carry out our legal and contractual obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, (c) in the event of a merger, divestiture, or restructuring, and (d) for any other purpose with your consent.
B. We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site or App is used, as well as to offer you programs or services. We may use any anonymous, aggregate information, which may include or be based on your information, without restriction.
We share Personal Information with third-parties under certain circumstances and for certain purposes described throughout this Privacy Policy, including: - Service Providers and Other to Operate our Services. We share your Personal Information with our affiliates, vendors, service providers, and business partners, including providers and vendors we use for operating and maintaining our Service, and its features and functionality. These third-parties include data hosting and data storage partners, analytics, technology services and support, and data security. - Our Business Purposes. We may share your Personal Information with our affiliates, vendors, service providers, and business partners, including providers and vendors we use for our business activities and operations generally, such as data hosting and data storage partners, analytics, technology services and support, and data security. We may also share your Personal Information with professional advisors, such as auditors, law firms, and accounting firms. - With your Consent. We may share your Personal Information if you request or direct us to do so. - Compliance with Law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries. - Business Transfers. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred. - To Enforce our Rights. We may share your Personal Information to enforce our Terms of Service and any other agreement, terms and conditions relating to your use of the Service. We also may share information as needed to ensure the safety and security of our Service and our users, and to detect, prevent, or otherwise address fraud, security, or technical issues. - De-Identified Information. We may also share de-identified information, that cannot be reasonably used to identify any individual, with third-parties for marketing, advertising, research, or similar purposes. 8. Are There Other Ways My Personal Information Could Be Shared?
You may elect to share certain Personal Information with individuals or with the public via your use of the Service. In this case, you will control such sharing via settings that we provide. For example, the Service may make it possible for you to publicly share information through the Service or via Platforms such as Facebook, or Instagram. Be aware that when you choose to share information with friends, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the Service. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Service.
We offer you choices on how you can opt out of our certain uses and sharing of your Personal Information. As a general rule, you cannot opt out of our collection, use and sharing of Personal Information to the extent it is necessary to provide the Service, features and functionality to you.
You can generally opt out of receiving interest-based advertisements from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt out pages on the NAI website and DAA website. We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website. You can learn more about interest-based advertisements and your opt out rights and options on the NAI website (www.networkadvertising.org) and DAA website (www.aboutads.info).
After becoming a user of the Service, you may revise or edit your Personal Information through your Account, or by sending us an email to [email protected]. For instructions on how you can further access your Personal Information that we have collected, or how to correct errors in such Personal Information, please send an e-mail to [email protected]. We will also promptly stop using your Personal Information and remove it from our servers and database at any time upon your e-mail request to do so. Notwithstanding the foregoing, Baton retains the right to display your username in connection with your activities through the Service and may provide a record to a user showing which of that user’s content you listened to or downloaded. Please inform us of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. You may also have certain deletion rights in accordance with applicable law. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections, or removing your Personal Information.
If you do not wish to have your email address used by Baton to send you advertising messages and content, you may opt-out of promotional emails by clicking the unsubscribe link in any such promotional email from us or by emailing us at [email protected].
A. After receiving your Personal Information, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect including, but not limited to, strong encryption, firewall protection, and industry best practice authentication. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.
B. The sharing and disclosing of information via the internet is not completely secure. We cannot guarantee the security of Personal Information transmitted to, on, or through the Service. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Service, in your operating system or mobile device.
C. If you are using the Service from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.
D. We retain and store your Personal Information until you request us to remove it from our servers. We store our logs and other technical records indefinitely. We may retain some data for longer periods of time than other data when necessary for legitimate business or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping.
A. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your computer or mobile device to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other Personal Information unless you choose to provide this information to us. Once you choose to provide Personal Information, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, that you may not be able to access or use certain features of the Service and certain features of the Service may not function properly without the aid of cookies. In addition to other analytics cookies we may use from time to time, our Service currently uses the following tools: - Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may collect information regarding the use of other websites, apps and online resources. For more information on how Google uses data when you use our Site or Service, please follow this link: https://policies.google.com/technologies/partner-sites. You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout. For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info. - We also use the web analysis tool FullStory, provided by Fullstory, Inc. 1745 Peachtree Street NW, Ste G, Atlanta, Georgia 30309 (“FullStory”) to collect information regarding visitor behavior on some of our Services. More information about FullStory and its privacy practices can be found at https://www.fullstory.com/legal/privacy/. You may be able to opt-out of some, or all, of FullStory’s collection and processing of data generated by your use of the Services by going to https://www.fullstory.com/optout/.
B. Baton or its service providers may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some of our Site pages and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ computers or mobile devices. Pixel Tags allow us and our service providers to count users who have visited certain pages of our Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.
C. As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to our Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site and Services.
D. Do Not Track. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At present, the Site does not specifically respond to browser do-not-track signals.
Our Terms of Service document identifies certain third-party websites to which we may provide links, and that you may click on our Site or in our Service. This Privacy Policy is only applicable to our Service. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.
If you currently reside in the EEA, the GDPR applies to your Personal Information and you are a Data Subject. The GDPR requires that we, in our capacity as a Controller, have a legal basis to process your Personal Information.
A. We process your Personal Information under one or more of the following legal bases: - Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; - To perform the contract that we are about to enter with you (e.g., our Terms of Service); - To comply with a legal obligation; and/or - If we have your consent to do so, such consent capable of being revoked at any time.
B. Under the GDPR, as a Data Subject you have certain rights. They are:
- The right to be informed. This is your right to be informed about what we are processing, why, and who else the Personal Information may be passed to.
- The right of access. This is your right to see what Personal Information about you is held by us.
- The right to rectification. This is the right to have your Personal Information corrected or amended if what is held is incorrect in some way.
- The right to be forgotten. This is the right to have your Personal Information to be deleted in the event that such Personal Information is no longer required for the purposes it was collected for, your consent for the processing of the Personal Information is withdrawn, or the Personal Information is being unlawfully processed.
- The right to restrict processing. This is the right to ask for a temporary halt to processing of your Personal Information, such as in the case where a dispute or legal case has to be concluded, or the Personal Information is being corrected.
- The right to data portability. This is the right to ask for your Personal Information to be provided to you in a structured, commonly used, and machine-readable format.
- The right to object. This is the right to object to further processing your Personal Information if such processing is inconsistent with the primary purposes for which it was collected.
- Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The Service does not engage in automated decision making and profiling.
You can find instructions for enforcing some of these rights elsewhere in this Privacy Policy. Otherwise, if you wish to find out more about these rights, please contact us at [email protected]. For purposes of the GDPR our UK and EU representatives are as follows:
Baton Media Inc. c/o Brown Rudnick 8 Clifford Street London W1S 2LQ United Kingdom
Baton Media Inc. c/o Brown Rudnick 1 rue François 1er 75008 Paris France
Our Service is not intended for children under 13 years old. We do not knowingly collect any Personal Information from any children under 13 years old, and we comply with all applicable privacy laws including the Children’s Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting Personal Information from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about the Site or App, wish to find out if your child has accessed our services, or wish to remove your child’s Personal Information from our servers, please contact us at [email protected]. If you are under the age of 13, do not use or provide any information on or to the Service or through any of its features. The Service will not knowingly accept Personal Information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided Personal Information to us, we will make efforts to delete the child’s Personal Information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at [email protected].
California law allows California residents to request information regarding our disclosures to third parties in the prior calendar year, if any, of their Personal Information. To make such a request, please contact us at [email protected] with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.
If you have any questions or suggestions regarding our Privacy Policy, please contact us at the contact information below.
How to Contact Us: Baton Media Inc. Building 77, 141 Flushing Ave. #1314 Brooklyn, New York 11205 Telephone: 1-646-917-8027 Email: [email protected]