Last Revised: November 2020
What does this policy cover?
This statement describes Sony Creative Software Inc. ("SCS") and its affiliates’ use of your data. References in this policy to SCS, we, our or us shall mean Sony Creative Software Inc.
What information do we collect?
Information You Provide.
While SCS does not generally require that you provide us with personal data in order to visit and use SCS Websites, please note that in order to participate in some activities, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, mailing address and telephone number). SCS may also ask you to provide other information about yourself, which includes categories such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests.
Therefore, the information that we collect and process may include:
- your name;
- your address, e-mail address and phone number;
- your marketing preferences, including any consents you have given us;
- a password you create for use on the website
Information We Collect Automatically
In addition to any personal data or other information that you choose to provide to us via the SCS Websites, whenever you visit or interact with the SCS Websites, SCS automatically collects certain information such as your IP address and/or another unique identifier ("Device Identifier") for the computer, mobile device, technology or other device ("Device") you use to access the SCS Websites and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. 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 SCS Websites.
In addition, SCS, as well as certain third-party analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the SCS Websites ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding page views.
Therefore, the information that we may automatically collect from you and process may include:
- Your IP address or another unique identifier, such as a Device Identifier
- Information related to your Device such as the platform, operating system, browser type, or physical location
- Your Usage Information such as the content served, the time at which the content was accessed and/or the time spent using the content, and the preceding content views
How do we use this information, and what is the legal basis for this use?
We process this personal data for the following purposes:
- As required for business purposes or to establish and fulfill a contract with you, for example fulfilling an online software purchase or product registration. This may include verifying your identity, communicating with you and providing services relevant to our business, including providing customer services and arranging the delivery or other provision of products, prizes or services.
- As required by SCS to enable our business and pursue our legitimate interests, in particular:
- we will use your information to provide services you have requested, and respond to any comments or complaints you may send us;
- we monitor use of the SCS Websites, and may use your information to help us monitor, improve and protect our content, services and SCS Websites, both online and offline;
- we may use information you provide to tailor your experience on our SCS Websites or personalize our services for you;
- we may use your information to provide you with information about contests, sweepstakes or other promotions (collectively, "Promotions") or other offerings that may be of interest to you;
- we will use your information to provide you with support and answer questions or other requests;
- we may monitor any customer account to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
- we may use information you provide to investigate any complaints received from you or from others, about the SCS Websites or our products or services;
- we may use your information to invite you to take part in market research or surveys;
- we may also use the information we collect to improve the SCS Websites and our content and services, for internal business purposes, and to contact you with regard to your use of the SCS Websites and, in our discretion, changes to any of our policies.
- For compliance with applicable laws and protection of SCS’s legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory, and investigative purposes (including disclosure of such information in connection with legal process or litigation).
In addition, we may send you direct marketing in relation to our services, or other services provided by our Affiliates and carefully selected partners. You will be able to opt-out of those materials by following the instructions in the communication. To control your direct marketing settings, please visit https://www.sonycreativesoftware.com/mailprefs
Who will we share this data with, and where?
SCS may share the personal data we collect from you to other Sony affiliated companies ("Affiliates") (Affiliates include: (i) Sony Corporation, (ii) any company of which 50% or more of its outstanding shares are owned by Sony Corporation, directly or indirectly, and (iii) any company with the name "SONY" as a part of its trade name) who may provide services to us, assist us with fulfilling your requests or improving our content, services or advertising, or want to contact you about products, services or other offerings that may be of interest to you (SCS and such Affiliates being collectively referred to as "Sony").
To Third-Party Service Providers Providing Services on SCS’s Behalf
We may from time to time employ third-parties to perform functions on our behalf, and thus, we may also share your personal data with third-party service providers that assist us with providing content, fulfilling your requests, improving our content, services or advertising, or otherwise performing services for us. Example: if you access content or services that are published, developed or supported by an Affiliate or third-party, your personal data may be shared with that Affiliate or third-party for purposes related to that content or those services, including service administration and/or development.
Additionally, we may share your information in order to host or operate the SCS Website, for data analysis purposes, and for the administration of Promotions, such as in connection with winner selection and prize fulfillment on our own or jointly with a third party. Such Promotions may require registration and the disclosure of both personal data and non-personal data. In the event that a Promotion is offered jointly with a third party, as a result of your participation in such Promotion, your personal data and non-personal data may be shared with such third party, which sharing we will disclose to you at the time you provide your information. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other third parties connected to the Promotion to use your name, voice and/or likeness in advertising and marketing materials. Therefore, always carefully read the rules of the Promotion before entering.
When You Consent to Have Your Personal Data Shared or Otherwise Request That We Share Your Information
We may offer you the opportunity to consent to the sharing of your information with third-parties, for example so you are able to receive information and/or marketing offers from third parties. Additionally, you may request, sometimes through your use of an interactive feature or third- party application, that we share personal data about you with a third-party, and we will typically do so in those circumstances. If you consent or request to receive communications from third-parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications.
We may share your personal data with Affiliates for internal reasons, primarily for business and operational purposes, including any corporate reorganization, restructuring or other corporate change. In addition, SCS or any of its assets, including the SCS Websites may be sold, or other transactions may occur in which your personal data is one of the key business assets in the transaction. In such a case, your personal data may be one of the business assets we transfer. Hence, SCS reserves the right to disclose and transfer user information, including personal data, in connection with any activity and/or transaction described above.
Legal Protections and Law Enforcement
We may transfer and disclose information, including your personal data, (including Usage Information and Device Identifier (including IP address)), to third-parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce our Terms of Service (https://www.sonycreativesoftware.com/corporate/terms) or other applicable policies; (v) to respond to an emergency; or (vi) to otherwise protect the rights, property, safety or security of third-parties, visitors to the SCS Websites or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
Cookies & Other Tracking Technologies
"Do Not Track" Signals. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, SCS currently does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com.
In addition, note that third parties may collect personal data about your online activities over time and across different websites when you visit the SCS Websites or other online websites and services.
Social Media Applications
You may choose to participate in a third-party application or feature (such as one of our Facebook applications or a similar application or feature on a third-party property) through which you allow us to collect and share (or the third-party to share) information about you, including personal data. The third-party may allow you to remove the 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 addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their "connections," or if information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third-party website or interactive service
SCS uses commercially reasonable safeguards to help protect and secure your personal data, and we use reasonable efforts to obtain the agreement of our Affiliates and third-party service providers to take steps to protect the confidentiality, security, and integrity of personal data we share with them. However, no electronic data transmission or storage of information can be guaranteed to be 100% private and secure. Please be careful to avoid ‘phishing’ schemes, where someone may send you an e-mail that looks like it is from SCS asking for your personal data. You understand that any message or information you send to SCS Website may be read or intercepted by others. SCS does not ensure or warrant the security of any information you transmit to us, and you use the SCS Websites and provide us with your information at your own risk.
How do we treat children’s personal data?
Sony is 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. 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 set out below.
The SCS Websites are open to all individuals, though some Promotions may have age restrictions. We do not knowingly collect or permit the collection, storage or use of any personal data from anyone under 16. If SCS learns that you are under 16 years of age, SCS will not maintain or use any personal data about you except as allowed by law.
For Residents of the United States
If you are a parent or guardian who knows or has discovered that your child under the age of 13 has submitted his or her personal data or other information without your consent, permission or authorization, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, personal data of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s personal data or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.
Notice to California Residents
CA Privacy Notice
If you reside in California, we are required to provide additional information to you about how we collect, 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.
- Personal Identifiers: such as name, address, and email address;
- Other Identifiers: IP address and device ID;
- Commercial Information: such as product types or applications purchased or obtained, or demographic information;
- Internet or Other Electronic Network Activity: such as connected device information, operating system, screen views, traffic to and from webpages or applications, other standard connectivity information; and
- Usage Information: Usage data, user interface settings, and viewing history data.
CA Personal Information Disclosed For Business Purposes.
- Sharing your CA Personal Information for Business Purposes: In the preceding twelve months, we may have shared the following categories of CA Personal Information for business purposes: Personal Identifiers, Commercial Information, Internet or Other Electronic Activity and Usage Information. This information may be shared for the purpose of providing services to you, sending you information about products and services, for legal compliance, or to protect legitimate interests, in compliance with law.
- Sale of CA Personal Information: In the preceding twelve months, we have not sold (as defined under the California Consumer Privacy Act) CA Personal Information.
California Consumer Rights. Subject to certain exceptions, as a California resident, you may have the following rights to your CA Personal Information: (i) Access. Request access to your CA Personal Information that we have collected, used, or disclosed within the preceding 12 months; (ii) Deletion. Request deletion of your CA Personal Information, provided that we may retain certain CA Personal Information as required or permitted by law; and (iii) CA Personal Information Disclosed For Business Purposes. Request information about the CA Personal Information we have disclosed for business purposes within the preceding 12 months.
Exercising Your Rights. If you are a California resident and wish to exercise any of these rights, please: (a) submit your request here: Data Requests; (b) contact us by sending an email to email@example.com with the specific nature of your request, referencing "California Privacy Rights - SCS"; or (c) call the following toll-free number 1-833-681-9900. 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
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.
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 required under the California Probate Code.
Additional Notice to California Residents
If you are a California resident, you have the right to receive: a) information identifying any third party company(ies) to whom SCS may have disclosed, within the past year, personal information pertaining to you and your family for that company's direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to Privacy@am.sony.com. Requests must include a reference to "California Shine the Light - SCS".
Notice to Nevada Residents – Your Nevada Privacy Rights
If you are a Nevada resident, you have the right to opt-out of the sale of certain personally identifiable information we have collected about you to third parties. SCS does not currently sell your personally identifiable information as those terms are defined under Nevada law. However, if you wish to submit a request to opt-out of the sale of such information if SCS were to engage in such a sale in the future, you may submit your request in writing to: firstname.lastname@example.org, or as described in the Contact Us section. Your request must reference your Nevada rights and include your name, mailing address, zip code, and email address. Your request is subject to verification of your identity by us and validation of your request. We are not responsible for requests that do not come through the designated request mechanism or do not contain sufficient information to allow us to process your request. SCS will respond to valid requests within sixty (60) days.
Or you may write to us at:
Sony Creative Software
1 S Pinckney St. Suite 520
Madison, WI 53703
Further Information for EEA Individuals
What rights do I have in relation to my personal data?
You may be entitled to ask SCS for a copy of your information, to correct it, erase or restrict its processing, or to ask us to transfer some of this information to other organizations. You may also have rights to object to some processing, such as profiling we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data. In some instances, this may mean that we are able to retain data even if you withdraw your consent.
Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of marketing, you can get in touch at https://www.sonycreativesoftware.com/contact/privacy
If you have unresolved concerns, you also have the right to complain to your local data protection authorities.
Which SCS entity is my data controller?
The data controller for your personal data is Sony Creative Software Inc.
How long will you hold my data?
Where will you send my data?
By providing any personal data to SCS, all persons, including without limitation persons in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America, and/or in territories or countries outside of the United States of America, and understand and acknowledge their consent, notwithstanding that some governmental authorities may consider the level of protection of such data in the United States not equivalent to that required within the European Union or any other jurisdiction.