This Privacy Policy (“Policy”) explains the information collection, use, and sharing practices of Lydian Universe Inc. When we speak of “Lydian Universe”, “Lydian,”, “LYDN”, “LYDN.xyz”, “we,” “us,” or “our,” we mean Lydian Universe, Inc.

This Policy is incorporated into and part of our Terms of Service (“Terms”) located at https://LYDN.xyz/tos.

Unless otherwise noted on a particular website or service hosted by Lydian, this Policy describes and governs the information collection, use, and sharing practices of Lydian with respect to your use of our websites that link to this Privacy Policy, including:  https://LYDN.xyz and https://LydianUniverse.xyz (collectively, the “Websites”), and the services we provide through our Websites and/or host on our servers (collectively, the Websites, and the services available through them are referred to as the “Services”).

Before you use or submit any information through or in connection with the Services, please carefully review this Privacy Policy. By using any part of the Services, you understand that your information will be collected, used, and disclosed as outlined in this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

Table of Contents

1.     Our Principles

2.     Information We Collect

3.     How We Use Your Information

4.     When We Disclose Your Information

5.     Legal Basis for Processing Personal Data

6.     Online Analytics

7.     Your Choices and Data Subject Rights

8.     International Transfers

9.     Security Measures

10.  Children

11.  Data Retention

12.  Third-Party Links and Services

13.  Changes to this Privacy Policy

14.  Questions About this Privacy Policy

1.     Our Principles

Lydian has designed this policy to be consistent with the following principles:

• Privacy policies should be human readable and easy to find.
• Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
• Data practices should meet the reasonable expectations of users.

2.     Information We Collect

We collect information in multiple ways, including when you provide information directly to us; when we passively collect information from you, such as from your browser or device; and from third parties.

Information You Provide Directly to Us

We will collect any information you provide to us. We may collect information from you in a variety of ways, such as when you: (a) create an online account, (b) join an artist waitlist, (c) share a referral link with others, (d) use a referral link, (e) subscribe to our newsletter, or (f) apply for a job at Lydian. This information may include but is not limited to your name, email address, phone number, mailing address, payment information, photo, geographic location, and your social media handles.  

For users of the Lydian Wav service, we will collect your email address and copies of all recordings you post to the service. Other users will also have copies of recordings you post to the service on their devices in order to listen back to them. By using this service, you accept to take full responsibility for the content you post and acknowledge that this will be available to other users and considered public.  

Information that Is Automatically Collected

Device/Usage Information

We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze (a) device information such as IP addresses, location information (by country and city), unique device identifiers, IMEI and TCP/IP address, browser types, browser language, operating system, mobile device carrier information, and (b) information related to the ways in which you interact with the Services, such as referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

Server Logs

We also collect data about your use of the Services through the use of Internet server logs. A web server log is a file where website activity is stored.

We may use certain analytics tools, such as Google Analytics to measure and monitor website activity. As we adopt additional technologies, we may also gather additional information through other methods.

Information from Third Parties

To the extent permitted by law, we may also collect information from third parties, including public sources, social media platforms, and marketing and market research firms. Depending on the source, this information collected from third parties could include name, contact information, demographic information, information about an individual’s employer, information to verify identity or trustworthiness, and information for other fraud or safety protection purposes.

3.     How We Use Your Information

We may use the information we collect from and about you to:

• Fulfill the purposes for which you provided it;
• Distribute funds to scholarship and grant recipients;
• Provide and improve the Services, including to develop new features or services, take steps to secure the Services, and for technical and customer support;
• Host events and programs;
• Send you information about your relationship or transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed;
• Process and respond to your inquiries or to request your feedback;
• Conduct analytics, research, and reporting, including to synthesize and derive insights from your use of our Services;
• Evaluate job candidates during our hiring process;
• Comply with the law and protect the safety, rights, property, or security of Lydian, the Services, our users, and the general public; and
• Enforce our Terms of Service, including to investigate potential violations thereof.

Please note that we may combine information that we collect from you and about you (including automatically collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Privacy Policy.

We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes.

4.     When We Disclose Your Information

We may disclose and/or share your information under the following circumstances:

• Service Providers. We may disclose your information with third parties who perform services on our behalf, including without limitation, event management, candidate selection, marketing, customer support, data storage, data analysis and processing, and legal services.

• Legal Compliance and Protection of Lydian and Others. We may disclose your information if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (a) to comply with legal process; (b) to enforce or apply our Terms of Service and this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) to respond to your requests for customer service; and/or (d) to protect the rights, property, or personal safety of Lydian, our agents and affiliates, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

• Business Transfers. As we continue to develop our business, we may engage in certain business transactions, such as the transfer or sale of our assets. In such transactions, (including in contemplation of such transactions, e.g., due diligence) your information may be disclosed. If any of Lydian’ assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.

• Affiliated Companies. We may disclose your information with current or future affiliated companies.

• Consent. We may disclose your information to any third parties based on your consent to do so.

• Aggregate/De-identified Information. We may disclose de-identified and/or aggregated data for any purpose to third parties, including advertisers, promotional partners, and/or others.
• We may provide you with a public profile page, editable by you, and pre-populated with certain information you provided in your application such as (but not limited to) your name, areas of interest, images or other content you upload, which will be publicly displayed to anyone who visits the site.

5.     Legal Basis for Processing Personal Data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose information that can be directly linked to or used to identify you. To the extent those laws apply, our legal grounds for processing such information are as follows:

• To Honor Our Contractual Commitments to You. Much of our processing of information is to meet our contractual obligations to provide services to our users.

• Legitimate Interests. In many cases, we handle information on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, these include:

• Customer service
• Marketing, advertising, and fundraising
• Protecting our users, personnel, and property
• Managing user accounts
• Organizing and running events and programs
• Analyzing and improving our business
• Managing legal issues

We may also process information for the same legitimate interests of our users and business partners.

• Legal Compliance. We may need to use and disclose information in certain ways to comply with our legal obligations.

• Consent. Where required by law, and in some other cases where legally permissible, we handle information on the basis of consent. Where we handle your information on the basis of consent, you have the right to withdraw your consent; in accordance with applicable law.

6.     Online Analytics

We may use third-party web analytics services (such as Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described in the “Server Logs” section above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive to our Site, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

7.     Your Choices and Data Subject Rights

You have various rights with respect to the collection and use of your information through the Services.  Those choices are as follows:

• Email Unsubscribe – You may unsubscribe from our marketing emails at any time by clicking on the “unsubscribe” link at the bottom of each newsletter or by emailing hello@lydianuniverse.xyz with your request.
• EU Data Subject Rights – Individuals in the European Economic Area (“EEA”) and other jurisdictions have certain legal rights (subject to applicable exceptions and limitations) to obtain confirmation of whether we hold certain information about them, to access such information, and to obtain its correction or deletion in appropriate circumstances. You may have the right to object to our handling of your information, restrict our processing of your information, and to withdraw any consent you have provided. To exercise these rights, please email us at hello@lydianuniverse.xyz with the nature of your request. You also have the right to go directly to the relevant supervisory or legal authority, but we encourage you to contact us so that we may resolve your concerns directly as best and as promptly as we can.

8.     International Transfers

Our computer systems are currently based in the United States and the majority of our contractors are based in the United States. As described above in the “When We Disclose Your Information” section, we may share your information with trusted service providers or business partners in countries other than your country of residence, including the United States, in accordance with applicable law. This means that some of your information may be processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction. By providing us with your information, you acknowledge any such transfer, storage or use.

If we provide any information about you to any third parties information processors located outside of the EEA, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy and other data protection laws to govern the transfers of such data.

9.     Security Measures

We have implemented technical, physical, and organizational security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.

10.  Children

The Services are intended for users over the age of 16 and are not directed at children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, or personal data (as defined by the EU GDPR) from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.

11.  Data Retention

We retain the information we collect for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

12.  Third-Party Links and Services

The Services may contain links to third-party websites (e.g., social media sites like Facebook and Twitter), third-party plug-ins (e.g., the Facebook “like” button and Twitter “follow” button), and other services. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Lydian is not responsible for the content or privacy practices of such third party websites or services. The collection, use and disclosure of your information will be subject to the privacy policies of the third party websites or services, and not this Privacy Policy. We encourage you to read the privacy statements of each and every site you visit.

13.  Changes to this Privacy Policy

We will continue to evaluate this Privacy Policy as we update and expand our Services, and we may make changes to the Privacy Policy accordingly. We will post any changes here and revise the date last updated above. We encourage you to check this page periodically for updates to stay informed on how we collect, use and share your information. If we make material changes to this Privacy Policy, we will provide you with notice as required by law.

14.  Questions About this Privacy Policy

If you have any questions about this Privacy Policy or our privacy practices, you can contact us at: hello@lydianuniverse.xyz.