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PRIVACY POLICY
Last Updated: August 9, 2021
Kezar LLC and its affiliates (collectively, the Company, we” or “us), is concerned about
privacy issues and wants you to be familiar with how we collect, use and disclose information.
This Privacy Policy describes our practices in connection with information that we or our third-
party service providers collect through
Certain of our owned or controlled websites, web properties (e.g., widgets and
applications) and mobile applications (“Mobile Apps”) in each case, that link to this
Privacy Policy (each, a “Property” or collectively the “Properties”);
Our social media pages and apps located at https://facebook.com/empire,
http://twitter.com/empire, http://soundcloud.com/empire, and http://instagram.com/empire
(collectively, our “Social Media Pages”);
HTML-formatted email messages that we send to you that link to this Privacy Policy and
other communications with you; and
Offline interactions you have with us.
Collectively, we refer to the Properties, Social Media Pages, emails and offline business
interactions as the “Services.”
This Privacy Policy does not address, and we are not responsible for, the privacy, information or
other practices of any third party, including Facebook, Inc., Apple Inc., Google LLC, Microsoft
Corp., any wireless carriers, our artists, our affiliates and any third party operating any site or
property to which any Property contains a link. In addition, the inclusion of a link on any
Property does not imply endorsement of, or affiliation with, the linked site or Property by us or
by our artists or affiliates. Please note that the Properties may include the ability to access and
submit (including, for example, via a third-party software application or service that is available
through or in connection with a Property) certain information directly to third parties, such as
Facebook, or to any application platform, such as Apple’s App Store or Google Play. Such
information is submitted by you directly to such third parties and this Privacy Policy does not
apply to any such information submitted by you.
PERSONAL INFORMATION
Personal Information We Collect
Two types of information are collected in connection with the Properties: Personal Information
and Other Information. “Personal Information” is information that identifies you or makes you
identifiable as an individual. “Other Information” is any information that does not reveal your
specific identity or does not relate to an identifiable individual. If we are required to treat Other
Information as Personal Information under applicable law, then we may use and disclose it for
the purposes for which we use and disclose Personal Information as detailed in this Policy. Other
Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect Personal Information, including:
Name
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Postal address (including billing and shipping addresses)
Telephone number
Gender
Date of Birth
Account ID
Profile Picture
Email address
IP address (we may also derive your approximate location from your IP address)
Credit and debit card number
Shopping cart content
Collection of Personal Information
We and our third-party service providers collect Personal Information in a variety of ways,
including:
Through the Services
o We may collect Personal Information through the Services, for example, when
you register for newsletters or other communications through the Services, make a
purchase or make a request, or provide information to us at a concert venue.
From Other Sources
o We may receive your Personal Information from other sources, for example:
publicly available databases; or
marketing partners when they share information with us in the context of
marketing and promotional campaigns related to our business.
o If you use your social media or other third party account to enter our sweepstakes,
contest, or promotions or via an initiation to sign into such account on our
Properties, you will share certain Personal Information from your third party
account with us which may include, for example, your name, email address,
photo, list of social media contacts, listening history, favorite tracks and any other
information that you make or which is otherwise accessible to us when you
connect through such third party account.
We need to collect Personal Information in order to provide the requested Services to you. If you
do not provide the information requested, we may not be able to provide the Services.
How We May Use Personal Information
We and our third-party service providers may use Personal Information for the following
purposes:
Providing the functionality of the Properties and fulfilling your requests.
o To provide the Services’ functionality to you, such as arranging access to your
registered account, and providing you with related benefits, special promotions, or
customer service.
o To respond to your inquiries and fulfill your requests, when you contact us via
one of our online contact forms or otherwise, for example, when you send us
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questions, suggestions, compliments or complaints, or when you request
information about our Properties.
o To send to you administrative information, including information regarding the
Properties and changes to our terms, conditions and policies.
o To complete and fulfill your purchase or transaction, for example, to process your
payments, have your order delivered to you, verify your information,
communicate with you regarding your purchase and provide you with related
benefits, special promotions or customer service.
o To allow you to send messages (for example, music clips or artist information) to
a friend through the Services. By using such functionality (or otherwise disclosing
any Personal Information relating to other people to us or to our service providers
in connection with the Services), you represent that you have the authority to
provide us with your friend’s name and email address and permit us to use the
information in accordance with this Privacy Policy.
We will engage in these activities to manage our contractual relationship with you and/or to
comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and facilitating
social sharing
o To send you marketing communications, that we believe may be of interest to you
if you have indicated that you would like to receive them (including, without
limitation, by our third-party service providers that send direct mail, email, and
other types of advertising).
o To send you SMS text messages using your telephone number, e.g., if you
participated in a sweepstakes with this number and you have indicated you would
like to receive them. Please keep in mind that message and data rates may apply.
You should check with your mobile service provider for applicable data rates. At
any time, you may text back “HELP” for further information regarding text
messages. If additional rules are provided in connection with any specific SMS
text message sign-ups, such rules shall also apply and shall control in the event
that they conflict with this Privacy Policy.
o To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent or where we have a legitimate interest.
Analyzing Personal Information for business reporting and providing personalized
services.
o To analyze or predict our users’ preferences in order to prepare aggregated trend
reports on how our digital content is used, so we can improve our Properties.
o To better understand your interests and preferences, so that we can personalize
our interactions with you and your experience on the Properties, and provide you
with information and/or offers tailored to your interests
We will provide personalized services either based on our legitimate interests, and with your
consent to the extent required by applicable law.
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Allowing you to participate in sweepstakes, contests or other promotions.
o We may offer you the opportunity to participate in sweepstakes, contests or other
promotions. Some of these activities have additional rules, which could contain
additional information about how we use and disclose your Personal Information,
so we suggest that you read these rules carefully before choosing to participate; in
the event of a conflict between such rules and this Privacy Policy, such rules will
govern.
We use this information to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information.
o We may aggregate and/or anonymize Personal Information so that it will no
longer be considered Personal Information. We do so to generate other data for
our use, which we may use and disclose for any purpose, as it no longer identifies
you or any other individual.
Accomplishing our business purposes.
o Data analysis, for example, to improve the efficiency of our Services;
o Audits, to verify that our internal processes function as intended and to address
legal, regulatory or contractual requirements;
o For fraud prevention and fraud security monitoring purposes, for example, to
detect and prevent cyberattacks or attempts to commit identity theft;
o For developing new products and services;
o For enhancing, improving, repairing, maintaining, or modifying our current
products and services, as well as undertaking quality and safety assurance
measures;
o For identifying usage trends, for example, understanding which parts of our
Services are of most interest to users;
o For determining the effectiveness of promotional campaigns, so that we can adapt
our campaigns to the needs and interests of our users; and
o For operating and expanding our business activities, for example, understanding
which parts of our Services are of most interest to our users so we can focus our
energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply
with a legal obligation, and/or based on our legitimate interest.
Disclosure of Personal Information
We may disclose Personal Information:
To our affiliates for the purposes described in this Privacy Policy.
o You can consult the list and location of our affiliates by emailing legal@kezar-
music.com
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To our third-party service providers (and in some cases, our affiliates), to facilitate
the services they provide to us
o These can include providers of services such as hosting, data analysis, payment
processing, order fulfillment, fraud prevention, infrastructure provision, IT
services, customer service or related benefits (including special promotions),
email delivery, credit card processing, auditing and other similar services to
enable them to provide such services.
To third parties, to permit them to send you marketing communications, consistent
with your choices.
o Unaffiliated third parties or their vendors, to permit them to send, or cause to be
sent, marketing communications to you in online and offline media.
o Our artists (including any of the artists’ band members, if applicable) and their
representatives, so that the artists and their representatives may use this
information to send to you communications (including marketing
communications) that they believe may be of interest to you, including, for
example, if you (a) sign up to join the applicable artist’s mailing list and/or to
receive such artist’s newsletters, (b) register with the applicable artist’s website,
or (c) have otherwise indicated that you would like to receive information and/or
marketing communications from the applicable artist. We do not control, and are
not responsible for, artists’ and their representatives’ use of Personal Information.
o To a relevant artist who is no longer affiliated with us, if you indicated an interest
in such artist (for example, by registering with the artist’s website).
To third parties that sponsor contests, sweepstakes and similar promotions so that
they can facilitate and administer such contests, sweepstakes and promotions.
By using the Services, you may elect to disclose Personal Information
o On or through message boards, chat, profile pages and blogs and other services to
which you are able to post information and materials (including, without
limitation, our Social Media Pages). Please note that any information and
materials that you post or disclose on or through a Property will become public
information, and may be available to visitors to such Property and to the general
public, and may be redistributed through the Internet and other media channels
where they will reach an even broader audience. We urge you to be very careful
when deciding to disclose your Personal Information, or any Other Information,
on or through the Properties.
Other Uses and Disclosures
We may also use and disclose your Personal Information as necessary or appropriate, in
particular when we have a legal obligation or legitimate interest to do so:
To comply with applicable law.
o This may include laws outside your country of residence.
To cooperate with public and government authorities.
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o To respond to a request or provide information we believe is necessary or
appropriate.
o These can include authorities outside your country of residence.
To cooperate with law enforcement.
o For example, when we respond to law enforcement requests and orders or provide
information we believe is important.
For other legal reasons.
o To enforce our terms and conditions;
o To protect our operations or those of any of our affiliates or artists;
o To protect our rights, privacy, safety or property, or that of our affiliates, our
artists, you or others; or
o To allow us to pursue available remedies or limit the damages that we may
sustain.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a
third party in connection with any reorganization, merger, sale, joint venture, assignment,
transfer or other disposition of all or any portion of our business, assets or stock
(including in connection with any bankruptcy or similar proceedings). Such third parties
may include, for example, an acquiring entity and its advisors.
Retention Period
We will retain your Personal Information for as long as needed or permitted in light of the
purpose(s) for which it was obtained and consistent with applicable law.
The criteria we use to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the Services to
you (for example, for as long as you have an account with us or keep using the Services);
Whether there is a legal obligation to which we are subject (for example, certain laws
require us to keep records of your transactions for a certain period of time before we can
delete them); or
Whether retention is advisable in light of our legal position (such as in regard to
applicable statutes of limitations, litigation or regulatory investigations).
Sensitive Information
We ask that you not send us, and you not disclose to us, any sensitive Personal Information (e.g.,
social security numbers, information related to racial or ethnic origin, political opinions, religion
or other beliefs, health, criminal background or trade union membership) on or through the
Services or otherwise.
OTHER INFORMATION
Other Information We May Collect
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We and our third-party service providers may collect Other Information (defined above) such as:
Browser and device information
Mobile App usage data
Information collected through cookies, pixel tags and other technologies
Geographic location information
Demographic information and other information provided by you that does not reveal
your specific identity
Information about how you use the Services
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways,
including:
Through your browser or your device: Certain information is collected by most
browsers, such as your Media Access Control (MAC) address, computer type (Windows
or Mac), screen resolution, operating system version, device manufacturer and model,
language, Internet browser type and version and the type and version of a Service that
you are using. We and our service providers may also collect a unique device identifier
assigned by us or our service providers to the device from which you are accessing a
Service and other transactional information for the device that we and our service
providers may use to serve content and advertisements to the device.
Through your use of Mobile Apps: When you download and use a Mobile App, we
and our service providers may track and collect Mobile App usage data, such as the date
and time the Mobile App on your device accesses our servers and what information and
files have been downloaded to the Mobile App based on your device number.
Using cookies, pixel tags and other similar technologies: We and our service providers
may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash
Local Stored Objects (“Flash LSOs”)) and other similar technologies to, among other
things, better serve you with more tailored information for our products and services, and
for those of third parties, facilitate your ongoing access to and use of the Services, and
collect and store information about your use of the Services. For example, pixel tags and
web beacons may be used in connection with a Service to, among other things, track the
actions of such Service’s users, measure the success of marketing campaigns and compile
statistics about such Service’s usage and response rates.
o If you do not want information collected through the use of cookies, most
browsers allow you to automatically decline cookies or be given the choice of
declining or accepting a particular cookie (or cookies) from a particular website.
You may also wish to refer to http://www.allaboutcookies.org/. If, however, you
choose to decline cookies, then you may not receive advertising or other offers
from us that are relevant to your interests and needs, you may experience some
inconvenience in your use of the Services, and some or all of the features,
functionality and promotions available through the Services may not be available
to you.
o The use of these technologies allows our vendors, and third parties and their
vendors, to deliver advertisements about our products and services, and the
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products and services of others, when you use the Services or other applications
or visit websites or web properties across the Internet on any of your devices.
These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or
similar technologies on the device through which you access the Services, and
other applications or websites across the Internet, and also place or recognize
third-party cookies when you use the Services, or other applications, websites or
web properties. They may also use these technologies, along with information
they collect about your online use, to recognize you across the devices you use,
such as a mobile device and a laptop. These vendors and third parties may use
information about your visits, on the different devices you use, to the Services,
and other applications, websites or web properties (excluding your name, address,
and telephone number), as well as information received from third parties, to
provide advertisements for us and others about goods and services that may be of
interest to you. If you would like more information about this practice, and to
learn how to opt out of it in desktop and mobile browsers on the particular device
on which you are accessing this Privacy Policy, please visit
http://.optout.networkadvertising.org/#/ or http://optout.aboutads.info/#/. You
may download the AppChoices app or www.aboutads.info/appchoices to opt out
in mobile ads.
o Our Services do not respond to browser-based do-not-track signals.
Physical location information: If you use any location-enabled products or services, you
may be sending us location information. When you use a location-enabled service, we
may collect and process information about your precise geographical location, such as
GPS signals sent by a mobile device, by, for example, using satellite, cell phone tower or
WiFi signals. We and our third party service providers and partners may use your
device’s physical location to provide you with personalized location-based services,
content and advertisements. We may also share your device’s physical location,
combined with information about what advertisements you viewed and other information
we collect, with our marketing partners to enable them to provide you with more
personalized content and to study the effectiveness of advertising campaigns. In some
instances, you may be permitted to allow or deny such uses of your device’s location, but
if you choose to deny such uses, we may not be able to provide you with the applicable
personalized services and content.
From you: We may collect demographic information, such as your zip code or gender, as
well as other information, such as your preferred means of communication, when you
voluntarily provide this information to us. This information does not necessarily
personally identify you or any other user of the Properties, unless further information is
added to it that would allow identification to take place. In such case, the information will
be treated as Personal Information.
Information about how you interact on the Services: We may collect information
about how you interact on the Services. For example, some Services may utilize analytic
tools to help us better serve you through improved products, services, and revisions to the
Services. This collected information may let us know which services and features you are
using the most within a Service, as well as device type and hardware features, country
and language of download, etc. We use Google Analytics, which uses cookies and similar
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technologies to collect and analyze information about use of the Services and report on
activities and trends. This service may also collect information regarding the use of other
websites, apps and online resources. You can learn about Google’s practices by going to
www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google
by downloading the Google Analytics opt-out browser add-on, available at
https://tools.google.com/dlpage/gaoptout.
How We May Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do
otherwise under applicable law. If we are required to treat Other Information as Personal
Information under applicable law, then we may use it as described in “How We May Collect
Other Information” section above, as well as for all the purposes for which we use and disclose
Personal Information. In some instances, we may combine Other Information with Personal
Information (such as combining your name with your geographical location). If we combine any
Other Information with Personal Information, the combined information will be treated by us as
Personal Information as long as it is combined.
SECURITY
We will use reasonable physical, technical and administrative measures designed to protect
Personal Information under our control. Unfortunately, no data transmission or storage system
can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us
is no longer secure, please notify us immediately in accordance with the “Contacting Us” section
below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of Personal Information about you for
marketing purposes.
You may opt-out from the following as set forth below:
Receiving marketing-related emails from us and our affiliates: If you do not want to
receive marketing-related emails from us and our affiliates on a going-forward basis, you
may opt-out from receiving such emails either by using the unsubscribe mechanism
provided in the email.
Receiving marketing-related SMS text messages from us and our affiliates: If you do
not want to receive marketing-related SMS text messages from us and our affiliates on a
going-forward basis, you may opt-out from receiving such messages by texting back
“STOP”.
Our sharing of your Personal Information with artists or unaffiliated third parties
for their marketing purposes: If you prefer that we not share your Personal Information
on a going-forward basis with artists or unaffiliated third parties for their marketing
purposes, you may opt-out from such sharing by emailing us at legal@empi.re.
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In each case, please make clear in your email what you are opting-out from. We will comply
with your request(s) as soon as reasonably practicable. Please note that, if you do opt-out from
receiving marketing-related messages from us, we may still send important administrative
messages to you, from which you cannot opt-out.
How you can access, change or delete your Personal Information
If you would like to access, correct, update, suppress, restrict or delete Personal Information that
you previously provided to us, object to or opt-out of the processing of your Personal
Information, or if you would like to request to receive an electronic copy of your Personal
Information for purposes of transmitting it to another company (to the extent these rights are
provided to you by applicable law), you may contact us at: legal@empi.re. We will respond to
your request consistent with applicable law. If you are a California resident, please refer to the
“Additional Information Regarding California” section at the end of this Policy for more
information about the requests you may make under the CCPA.
In your request, please make clear what Personal Information you would like to have changed,
whether you would like to have your Personal Information suppressed from our database or
otherwise let us know what limitations you would like to put on our use of your Personal
Information. For your protection, we may only implement requests with respect to the Personal
Information associated with the particular email address that you use to send us your request, and
we may need to verify your identity before implementing your request. We will try to comply
with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to
complete any transactions that you began prior to requesting a change or deletion (e.g., when you
make a purchase or enter a promotion, you may not be able to change or delete the Personal
Information provided until after the completion of such purchase or promotion).
Cross-Border Transfer
The Properties are controlled and operated from the United States; accordingly, this Privacy
Policy, and our collection, use and disclosure of your Personal Information, is governed by the
laws of the United States, and the Properties are not intended to subject Company or any of its
affiliates to the laws or jurisdiction of any state, country or territory other than that of the United
States. Your Personal Information may be stored and processed in any country where we have
facilities or in which we engage service providers, and by using the Properties you understand
that your information will be transferred to countries outside of your country of residence,
including the United States, which may have data protection rules that are different from those of
your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or
security authorities in those other countries may be entitled to access your Personal Information.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of thirteen (13), and we request that
such individuals do not provide Personal Information through the Services.
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UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED”
legend at the top of this page to see when this Privacy Policy was last revised. Any changes to
this Privacy Policy will become effective when we make the revised Privacy Policy available on
or through a Service.
CONTACTING US
EMPIRE Distribution, Inc., located at 235 Pine St., San Francisco, CA 94104, is the company
responsible for collection, use and disclosure of your Personal Information under this Privacy
Policy.
If you have any questions or concerns about this Privacy Policy or our data processing practices,
please contact us by email at legal@kezar-music.com.
We are located at the following address:
Kezar LLC
Legal Department
235 Pine St., 24
th
Floor
San Francisco, CA 94104
Attn: Legal Department
Please note that email communications are not always secure, so please do not include credit
card information or other sensitive information in your email messages to us.
ADDITIONAL INFORMATION REGARDING CALIFORNIA
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the
following additional details regarding the categories of Personal Information that we collect, use,
and disclose about California residents.
Collection, Disclosure of Personal Information
The following chart includes the categories of Personal Information, as listed in the CCPA, that
we plan to or may collect in the succeeding months. We will update this chart periodically, no
later than 12 months on a regular basis, including providing categories of third parties to which we
have disclosed Personal Information for our operational business purposes within the preceding
12 months.
Categories of Personal Information
Disclosed to Which Categories of Third
Parties for Operational Business Purposes
Identifiers, such as name, contact information,
unique personal identifiers, online identifiers
N/A
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Personal information as defined in the
California customer records law, such as
name, contact information, signature, and
financial account number
N/A
Protected Class Information, such as
characteristics of protected classifications
under California or federal law, such as sex,
age, and gender
N/A
Commercial Information, such as
transaction information and purchase history,
including purchases considered
N/A
Internet or network activity information,
such as browsing history, search history and
interactions with our online properties or ads
N/A
Geolocation Data, such as device location
and approximate location derived from IP
address
N/A
Audio/Video Data. Audio, electronic, visual,
and similar information
N/A
Inferences drawn from any of the Personal
Information listed above to create a profile or
summary about, for example, an individual’s
preferences and characteristics
N/A
Sources of Personal Information
As described above, we collect this Personal Information from you and from publicly available
databases and joint marketing partners, when they share the information with us.
Use of Personal Information
We may use this Personal Information to operate, manage, and maintain our business, to provide
our products and services, and to accomplish our business purposes and objectives, including, for
example, to: develop, improve, repair, and maintain our products and services; personalize,
advertise, and market our products and services; conduct research, analytics, and data analysis;
maintain our facilities and infrastructure; undertake quality and safety assurance measures;
conduct risk and security control and monitoring; detect and prevent fraud; perform identity
verification; perform accounting, audit, and other internal functions, such as internal
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investigations; comply with law, legal process, and internal policies; maintain records; and
exercise and defend legal claims.
CCPA Rights and Requests
Requests to Know and Delete
If you are a California resident, you may make the following requests:
(1) Request to Know
You may request that we disclose to you the following information covering the 12 months
preceding your request:
o The categories of Personal Information we collected about you and the categories
of sources from which we collected such Personal Information;
o The specific pieces of Personal Information we collected about you;
o The business or commercial purpose for collecting (if applicable) Personal
Information about you;
and
o The categories of Personal Information about you that we otherwise shared or
disclosed, and the categories of third parties with whom we shared or to whom we
disclosed such Personal Information (if applicable).
(2) Request to Delete
You may request that we delete Personal Information we collected from you.
To make a Request to Know or a Request to Delete, please contact us at legal@kezar-music.com
or at 1-833-539-2760. We will verify and respond to your request consistent with applicable law,
taking into account the type and sensitivity of the Personal Information subject to the request.
We may need to request additional Personal Information from you in order to verify your
identity and protect against fraudulent requests. If you maintain a password-protected account
with us, we may verify your identity through our existing authentication practices for your
account and require you to re-authenticate yourself before disclosing or deleting your Personal
Information. You may make a request on behalf of a child who is under 13 years old if you are
the child’s parent or legal guardian. If you make a Request to Delete, we may ask you to confirm
your request before we delete your Personal Information.
If you want to make a Request to Know or a Request to Delete as an authorized agent on behalf
of a California resident, you may use the submission methods noted above. As part of our
verification process, we may request that you provide, as applicable, proof concerning your
status as an authorized agent, which also may include:
1. Proof of your registration with the California Secretary of State to conduct business in
California;
2. Proof of a power of attorney from the resident pursuant to Probate Code sections
4121-4130.
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If you are an authorized agent and have not provided us with a power of attorney from the
resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:
1. Verify the resident’s own identity directly with us; or
2. Directly confirm with us that the resident provided you permission to make the
request.
Your Right To Request Removal of Content
Pursuant to California Business & Professions Code section 22581, if you are a resident of
California, under 18, and a registered user of the Services, you may ask us to remove content or
information that you have posted to the Services by writing to legal@kezar-music.com. Please
note that your request does not ensure complete or comprehensive removal of the content or
information, as, for example, some of your content may have been reposted by another user.
Right to Non-Discrimination
You have the right to be free from unlawful discriminatory treatment for exercising your rights
under the CCPA.