Privacy Policy

Information Collection and Use

We may collect personal information, such as your name and email address, when you fill out a form on our website or contact us via email. We use this information to respond to your inquiries and provide you with information about our products and services.

We also collect non-personal information, such as your IP address and browser type, through the use of cookies and other tracking technologies. This information is used to analyse user behaviour and improve our website and services. For more information about how we use cookies, please see our Cookie Policy.

Data Sharing and Disclosure

We may share personal information with third-party service providers who assist us with our business operations, such as email marketing or website hosting. We require these service providers to protect the confidentiality and security of personal information and to use it only for the purposes for which it was disclosed.

We may also disclose personal information if required by law, such as in response to a court order or subpoena, or to protect our rights or the safety of others.

Data Security

We take reasonable measures to protect the security of personal information we collect and maintain. However, no security measures are completely foolproof, and we cannot guarantee the security of personal information.

Links to Other Websites

Our website may contain links to other websites that are not owned or operated by InCyan. We are not responsible for the privacy practices or content of these websites. We recommend that you review the privacy policy of each website you visit.

Changes to this Policy

We may update this Privacy Policy from time to time. We will post the updated policy on our website and notify you by email if the changes are material.

Contact Us

If you have any questions or concerns about our Privacy Policy, please contact us at info@incyan.com

Use of YouTube API Services

InCyan Ltd ("InCyan", "we", "us" or "our") provides digital content-protection and online rights-monitoring services to organisations in the music, media and creative industries.

As part of these services, InCyan operates private internal systems that use YouTube API Services, including the YouTube Data API.

This section explains how InCyan accesses, uses, stores, shares and deletes information obtained through YouTube API Services.

This policy should be read together with InCyan’s general Privacy Policy.

Our YouTube API Application

InCyan's YouTube API application is a private internal business tool. It is accessible only to authorised InCyan personnel.

The application is not made available to the public. InCyan's clients do not receive login credentials or direct access to the application. Clients may receive monitoring reports prepared by InCyan containing relevant YouTube URLs, publicly available metadata and InCyan's assessment of potentially relevant content.

The application does not currently require users, clients or members of the public to sign in with a Google or YouTube account. It does not request permission to access private YouTube account information and does not perform actions on behalf of YouTube users.

How We Use YouTube API Services

InCyan uses YouTube API Services to search publicly available YouTube content and retrieve associated public information. We use this information to:

• identify videos that may contain or make unauthorised use of our clients' copyrighted works, sound recordings, images, brands, names or artist identities;
• identify potentially misleading, impersonating or otherwise unauthorised content;
• prioritise potentially relevant content for human review;
• assess the nature and context of potentially relevant content;
• prepare monitoring, usage and potential-infringement reports for our clients;
• maintain records of content reviewed as part of our services; and
• support appropriate follow-up through YouTube's established rights-management, copyright and reporting procedures.

A search result, automated match or appearance in an InCyan report does not automatically establish that infringement has occurred. Potential matches may be reviewed by InCyan personnel and, where appropriate, by the relevant client or its professional advisers before further action is considered.

InCyan does not make copyright-removal requests solely on the basis of an automated search result.

Information We Access

Depending on the searches performed and the information made available through YouTube API Services, InCyan may access:

• YouTube video IDs and URLs;
• video titles and descriptions;
• video publication dates;
• video thumbnails;
• channel IDs, channel names and channel URLs;
• publicly available channel descriptions;
• publicly available video and channel statistics;
• publicly available playlist information;
• video duration, category and other public video metadata;
• public captions or language information where made available through the API; and
• other publicly available information returned by YouTube API Services.

YouTube channel names, usernames or other public identifiers may relate to individuals. InCyan only processes such information where it is relevant to a legitimate content-protection investigation or monitoring service.

Information We Do Not Access

Our current internal application does not use YouTube API Services to access:

• private YouTube videos;
• users' viewing or search histories;
• private playlists;
• users' Google or YouTube passwords;
• Google account credentials;
• private email addresses or telephone numbers;
• private subscriber information;
• financial or payment information;
• private account settings; or
• information that requires an individual YouTube user to grant OAuth authorisation.

InCyan does not ask clients, YouTube users or members of the public to provide their Google or YouTube usernames or passwords.

Other Information We Generate

InCyan may add its own information to internal monitoring records. This may include:

• the client or protected work associated with a search;
• search terms and search dates;
• internally generated match indicators;
• reviewer notes;
• categorisations and prioritisation decisions;
• copyright or rights-ownership information supplied by a client;
• the outcome of a human review;
• correspondence or case-management information; and
• records of any action taken through an appropriate YouTube reporting process.

Where information generated by InCyan is displayed alongside information obtained through YouTube API Services, it is treated as InCyan's own analysis and not as information supplied, endorsed or verified by YouTube.

Legal Basis and Purposes

Where the information we process constitutes personal data, InCyan will process it only where there is an appropriate legal basis under applicable data-protection law. Depending on the circumstances, this may include:

• InCyan's legitimate interests in providing content-protection, fraud-detection and rights-monitoring services;
• the legitimate interests of our clients in protecting and enforcing their intellectual-property and related rights;
• compliance with legal obligations;
• the establishment, exercise or defence of legal claims; or
• performance of a contract with a client.

We consider the nature of the information, the purpose for which it is used and the potential effect on individuals before relying on legitimate interests.

InCyan does not use YouTube API data to build general behavioural profiles of YouTube users or to track individuals' private viewing activity.

Sharing of Information

InCyan may share relevant YouTube information and monitoring results with:

• the InCyan client whose works, content, brands or rights are being monitored;
• the client's authorised representatives;
• legal advisers and other professional advisers;
• carefully selected service providers acting on InCyan's behalf;
• YouTube or Google when using an official reporting, rights-management or compliance process;
• courts, regulators, law-enforcement authorities or other competent bodies where disclosure is legally required; and
• other parties where disclosure is necessary for the establishment, exercise or defence of legal rights.

We only share information that is relevant and reasonably necessary for the applicable monitoring, review, reporting or legal purpose.

Service providers acting on our behalf are required to handle information securely and only in accordance with our instructions and applicable contractual obligations.

InCyan does not sell YouTube API data. We do not provide YouTube API data to data brokers and do not use it for targeted advertising.

Storage and Retention

InCyan may temporarily store information obtained through YouTube API Services so that it can conduct monitoring, review potentially relevant content and prepare reports.

Publicly available information obtained through non-authorised YouTube API requests is deleted or refreshed within 30 calendar days, as required by the YouTube API Services Developer Policies.

This includes refreshing or deleting stored public metadata where appropriate so that the information remains consistent with the current information available through YouTube API Services.

Public statistics obtained through non-authorised API requests, such as view counts, like counts or subscriber counts, are not retained without refresh for longer than 30 calendar days.

InCyan may retain its own independently created records for longer where reasonably necessary. These may include client instructions, protected-work information, review decisions, correspondence, legal records and records demonstrating that monitoring or enforcement activity occurred.

Where such records refer to a YouTube video or channel, InCyan will distinguish its own business or evidential records from current YouTube API data. We will not present expired or historical API data as though it were current.

Retention periods are determined by the nature of the record, contractual requirements, legal obligations, limitation periods, evidential requirements and the need to establish, exercise or defend legal claims.

Data Deletion Requests

An individual may ask InCyan to delete personal data relating to them that is held within our systems.

Requests should be sent to: privacy@incyan.com

Please include sufficient information to allow us to identify the relevant record, such as the relevant YouTube video URL, channel URL or channel name. We may ask for additional information where reasonably necessary to verify the request or identify the relevant data.

Where a valid deletion request relates to data governed by the YouTube API Services Developer Policies, InCyan will delete the applicable stored data as soon as reasonably possible and, where required by those policies, within seven calendar days.

Deleting information held by InCyan does not delete or alter information stored on YouTube. Requests to remove information or content from YouTube itself must be made directly through YouTube or through an authorised application that supports the relevant deletion or removal process.

A deletion request may be refused or restricted where retention is required by law or is necessary for the establishment, exercise or defence of legal claims. Where applicable, we will explain the basis for the decision.

Google Account Authorisation

InCyan's current internal monitoring application does not request Google OAuth authorisation and does not access information from users' private Google or YouTube accounts.

If InCyan introduces functionality in the future that requires Google account authorisation, this policy will be updated before that functionality is used.

Users who have authorised another third-party application to access their Google data can review and revoke that access through Google's security settings: https://security.google.com/settings/security/permissions. Revoking access granted to another application does not necessarily delete information independently held by InCyan and does not affect publicly available information on YouTube.

Security

InCyan uses reasonable and appropriate administrative, organisational and technical measures designed to protect YouTube API data and other information against:

• unauthorised access;
• accidental loss;
• improper use or disclosure;
• unauthorised alteration; and
• accidental or unlawful destruction.

These measures include access controls, restricted internal access, authentication controls, secure communications, system monitoring and appropriate confidentiality obligations.

Access to InCyan's internal YouTube monitoring application is limited to personnel who require access for legitimate business purposes.

No electronic storage or transmission system can be guaranteed to be completely secure. However, we review our security controls and update them where reasonably appropriate.

International Transfers

Information may be processed in the United Kingdom and in other countries in which InCyan, its clients or its service providers operate.

Where personal data is transferred internationally, InCyan will use an appropriate lawful transfer mechanism and suitable safeguards where required by applicable data-protection law.

Children

InCyan's internal YouTube monitoring application is a business-to-business content-protection tool. It is not directed at children and is not made available for use by children.

InCyan does not knowingly use the YouTube API Services to collect private information directly from children.

Public YouTube content may sometimes feature or have been uploaded by a child. Where this becomes relevant to a monitoring activity, InCyan will handle the information cautiously, proportionately and in accordance with applicable law.

Automated Processing

InCyan may use automated tools to identify content that appears potentially relevant to a client's protected works or rights.

Automated tools may assist with searching, matching, categorisation and prioritisation. They do not conclusively determine that a person has infringed copyright or committed wrongdoing.

Potential matches may be subject to human review before they are included in an infringement assessment or used to support further action.

Relationship With YouTube and Google

InCyan uses YouTube API Services but is not owned, operated, sponsored or endorsed by YouTube or Google.

Use of YouTube is governed by the YouTube Terms of Service.

Google explains how it processes and protects personal information in the Google Privacy Policy.

InCyan's access to and use of YouTube API Services is also subject to the YouTube API Services Terms of Service and the YouTube API Services Developer Policies.

Changes to This Policy

We may update this policy to reflect:

• changes to our services;
• changes to the way we use YouTube API Services;
• changes to YouTube's or Google's requirements;
• changes to applicable law; or
• improvements to our privacy and security practices.

The latest version will be published on this page. The date at the top of the policy shows when it was last updated.

Where a change materially affects how personal data is used, we will take appropriate steps to provide notice where required.

Contacting Us

Questions, concerns or requests relating to this section or InCyan's use of YouTube API Services should be sent to:

InCyan Ltd
Email: privacy@incyan.com
Website: https://www.incyan.com

You may also contact the relevant data-protection supervisory authority. In the United Kingdom, this is the Information Commissioner's Office.