Personal Information We May 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. 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 the following Personal Information from you:
- Postal address (including billing and shipping addresses)
- Telephone number
- Email address
- Credit and debit card number
- Shopping Cart Content
Collection of Personal Information
We and our third-party service providers collect Personal Information through the Properties in a variety of ways, including:
- Through the Properties
- We may collect Personal Information through the Properties, for example, when you register for newsletters or other communications through the Properties, make a purchase or make a request.
- We may collect Personal Information from you offline, e.g., if you provide information to us at a concert venue.
- From Other Sources
- 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.
- 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.
You are not required by statute or contract to provide any Personal Information to us. For example, when you participate in various opportunities provided through the Properties, we collect Personal Information from you in order to enable you (or us) to complete your experience on the Properties.
How We Use Personal Information
We and our third-party service providers use Personal Information for the following business purposes including:
- Providing the functionality of the Properties and fulfilling your requests.
- To provide the Properties' functionality to you, such as arranging access to your registered account, and providing you with related customer service.
- 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 questions, suggestions, compliments or complaints, or when you request information about our Properties.
- To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
- To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
- To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend's name and email address.
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
- 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)
- To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent.
- Analysis of Personal Information for business reporting and providing personalized services.
- 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.
- To personalize your experience on the Properties using your IP address, by presenting content, products, and offers tailored to you.
We will provide personalized services either with your consent or because we have a legitimate interest.
- Allowing you to participate in sweepstakes, contests or other promotions.
We use this information to manage our contractual relationship with you.
- Aggregating and/or anonymizing Personal Information.
- 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.
We will engage in this activity because we have a legitimate interest.
Disclosure of Personal Information
We disclose Personal Information:
- You can consult the list and location of our affiliates here https://wminewmedia.com/affiliates/.
- Warner Music Inc. is the party responsible for the management of jointly-used Personal Information.
- To our third-party service providers (and in some cases, our affiliates), to facilitate the services they provide to us
- These can include providers of services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, 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.
- 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.
- 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.
- 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 Properties, you may elect to disclose Personal Information
Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:
- To comply with applicable law.
- This can include laws outside your country of residence.
- To respond to requests from public and government authorities.
- These can include authorities outside your country of residence.
- To cooperate with law enforcement.
- For example, when we respond to law enforcement requests and orders.
- For other legal reasons.
- To enforce our terms and conditions
- To protect our operations or those of any of our affiliates or artists;
- To protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or
- 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 the event of 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.
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 Properties to you (for example, for as long as you have an account with us or keep using the Properties);
- 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).
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 Properties or otherwise.
OTHER INFORMATION Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above) such as:
- Browser and device information
- Mobile App usage data
- Server log files
- Geographic location information
- Demographic information and other non-personally identifiable information provided by you
- Information about how you use the Properties
- Aggregated information
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, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property 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 Property 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.
- Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
- If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
- Our Properties do not respond to browser-based do-not-track signals.
- Geographic 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. 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. 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 Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
- By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information
Please note that 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.
We will use reasonable physical, technical and administrative measures to protect Personal Information under our control. 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 many 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 or by emailing us at email@example.com .
- 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” or by emailing us firstname.lastname@example.org .
- 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 email@example.com .
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 administrative messages to you. How you can access, change or delete your Personal Information
If you would like to access, review, correct, update, suppress, restrict or delete Personal Information that you previously provided to us, if you would like to object to our use 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 this right to data portability is provided to you by applicable law), you may contact us at: firstname.lastname@example.org
. We will respond to your request consistent with applicable law.
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).
Where our collection and use of Personal Information is based on your consent, you may withdraw such consent at any time by emailing us at email@example.com, and such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal.
If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here
. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission regarding Personal Information. You may obtain a copy of these measures by contacting firstname.lastname@example.org or consult standard terms by following this link
The Properties are not directed to individuals under the age of sixteen (16), and we request that such individuals do not provide Personal Information through the Properties.
We are located at the following address:
Warner Music UK Limited
The Warner Building
27 Wrights Lane
Attn: Privacy Coordinator
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.
Protecting our users’ personal data is an important concern for BMG Rights Management (UK) Limited (“we”, “us” or “our”).
We explain below how and why we and our third-party service providers process personal data in connection with your use of the Site.
A. COLLECTION AND PROCESSING OF PERSONAL DATA
1. We and our third-party service providers may collect and process personal data, i.e. information that identifies, or makes it possible to identify, you as a natural person (e.g. your name, address, email address or IP-address) when you participate in various opportunities and services provided through the Site (the “Service Data”). Processing means any operation which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation, retrieval, any kind of disclosure, erasure or destruction or other use. We process personal data, such as when you:
(a) actively communicate with us;
(b) subscribe to services (e.g. newsletters/artist information bulletins or other communications) that we may provide through the Site;
(c) take part in a contest, promotion, survey or other type of promotion through the Site or through any linked social media; and/or
(d) contribute to a blog or forum.
This may include your name, postal address, email address, telephone number, age, date of birth.
2. Furthermore, on each of your visits to the Site we collect the following Technical Data transmitted by your browser to our website:
(a) your type of browser and type of operating system;
(b) the internet protocol (IP) address allocated to your internet access when you were visiting the Site;
(d) the URL of the internet page from which you arrived at the Site;
(e) the date and time when you accessed, clicked through and left the Site;
(f) the amount of data transmitted; and/or
(g) the searches you made and the pages you accessed on the Site;
3. All such personal information is collected, stored and processed by us, affiliated BMG Companies and our third-party service providers for the purposes set out in section B below.
B. USE OF PERSONAL INFORMATION
1. We, our affiliated companies and our third-party service providers may use your personal information as described in Section A for the following purposes:
(a) to provide access to our Site and services.
(b) to provide assessment and analysis (e.g. customer, promotional and market analysis) to enable us to review, develop and improve the services and products that we offer;
(d) to respond to your enquiries and to fulfil your requests (e.g. to send you newsletters or to provide you with information about our products, content and services);
(e) if you have consented to our doing so, to provide you, or to permit selected third parties to provide you, with information about products that we believe may interest you;
(f) to notify you about changes to Site terms, conditions and policies;
(g) to allow you to take part in contests and similar promotions and to administer those activities (which may contain additional requirements and information about how we or our third-party service providers may use your personal information).
2. The above processing activities are based on Article 6 sec. 1 lit. f GDPR. It represents our legitimate interests to improve your website experience and to optimize our services and products and to use our Site for marketing purposes. It is in our mutual legitimate interest to respond to your enquiries and requests. If you subscribed to our newsletter, any processing related to sending you newsletters or provide you with information about our products is based on the consent (Art. 6 sec. 1 lit. a GDPR) you gave separately when subscribing to the newsletter. You can withdraw your consent at any time by clicking on the link provided in each of our newsletters or by clicking on this. Such withdrawal will only be effective for future processing of data.
3. We process your personal data where necessary: (i) under any applicable laws or regulations of any jurisdiction of the EU or any member state for any purposes required under those laws or regulations, Art. 6 sec. 1 lit. c GDPR; (ii) to enforce or apply our Site’s terms and conditions or other contracts, Art. 6 sec. 1 lit. f GDPR; and/or (iii) to protect our, our users’ or any other third parties’ rights, property or safety, Art. 6 sec. 1 lit d and f GDPR
When you subscribe to our newsletter, we use the so-called double opt-in procedure, i.e. we will only send you newsletters by e-mail if you confirm in our notification e-mail by clicking on a link that you are the owner of the e-mail address provided. If you confirm your e-mail address, we will store your e-mail address, the time of registration and the IP address used for registration until you unsubscribe from the newsletter. The sole purpose of the storage is to send you the newsletters and to be able to prove your registration. You can unsubscribe from the newsletter at any time. A corresponding unsubscribe link can be found in every newsletter. A message to the contact data given below or in the newsletter (e.g. by e-mail or letter) is of course also sufficient. The legal basis of the processing is your consent pursuant to Art. 6 sec. 1 lit. f GDPR.
In our newsletters we use commercially established technologies, enabling us to measure interactions with the newsletters (e.g. opening of the e-mail, clicked links). We use this data in pseudonymous form for general statistical evaluations as well as for the optimisation and further development of our content and customer communication. This data is collected using small graphics embedded in the newsletter (so-called pixels), which can also collect Technical Data regarding the device you use. The data is collected exclusively pseudonymised and is not linked to your other personal data. The legal basis for this is our aforementioned legitimate interest, Art. 6 sec. 1 lit. f GDPR [The legal basis of the processing is your consent pursuant to Art. 6 sec. 1 lit. a GDPR]. Through our newsletter we want to share content that is as relevant as possible for our customers and better understand what readers are actually interested in. If you do not wish the analysis of usage behaviour, you can unsubscribe from our newsletter or deactivate graphics in your e-mail program by default. The data on the interaction with our newsletters is stored pseudonymously for 30 days and subsequently made completely anonymous.
D. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES AND OUR AFFILIATES
We may share your personal information as far as it is required for the above mentioned purposes from time to time with:
(b) any of the following third parties:
- our third-party service providers who provide us with Site-related services (such as hosting, data analysis (including webtracking services), search engines, payment processing, order fulfilment, IT services, email delivery, auditing and other similar services) to enable them to provide such services and/or to assist us in improving and optimising the Site. Any of these third-party service providers is bound by a Data Processing Agreement to ensure compliance with applicable privacy legislation;
- any Artist connected at any time with the Site (including individual band members, if applicable) and such artist’s representatives and third-party service providers so that, provided you have consented to their doing so separately,such artist and those representatives and third-party service providers may use such information to send you communications (including marketing communications) that they believe may be of interest to you;
- any third party that sponsors or provides (in whole or in part) a contest or similar promotion through the Site for all purposes in connection with such contest or promotion, provided you have consented separately when taking part in the promotion;
- any third party with whom you communicate on or through the Site (e.g. via message boards, chats, profile pages, blogs and other services to which you are able to post information and materials), but only to the extent that your personal information is included by you in such communication.
(c) As far as transfer to above mentioned recipients is required for any of the purposes mentioned in Section B, the transfer of data is based on our legitimate interests as specified in Section B or on your consent. This includes our interest to host the Website for informational and marketing purposes and to improve our services and products.
(d) We disclose your personal data to any person where necessary: (i) under any applicable laws or regulations of any jurisdiction of the EU or any member state for any purposes required by such person under those laws or regulations, Art. 6 sec. 1 lit. c GDPR; (ii) to enforce or apply our Site’s terms and conditions or other contracts, Art. 6 sec. 1 lit. f GDPR; and/or (iii) to protect our, our users’ or any other third parties’ rights, property or safety, Art. 6 sec. 1 lit d and f GDPR.
(e) We anonymize your personal data, as it is in our legitimate interest to use aggregated, non-personal information to analyse our target audience and web traffic. We may publish, or share with affiliates and/or business partners, aggregated non-personal data, which will not identify you individually.
TRANSFER OF DATA TO OUTSIDE EEA
The information we collect from you may be transferred to, processed and stored at a destination outside the European Economic Area (“EEC”), e.g. when we transfer data to third parties or members of BMG’s group of companies. The Recipients outside the EEA are either Privacy Shield certified or bound by Standard Contractual Clauses of the EU Commission for the protection of personal data, or they are located in countries in regard to which the EU Commission issued an adequacy decision according to Art. 45. GDPR.
E. INFORMATION SECURITY
Unfortunately, the transmission of information via online or mobile networks is not completely secure. You acknowledge and accept that others may intercept personal information you provide to us, and that any such transmission is at your own risk. Once we have received your information, we use set procedures and security features to try to prevent unauthorised access.
F. DATA RETENTION
We strive to keep our processing activities with respect to your personal data as limited as possible. Personal data provided by you upon using our services (Service Data as described in Section A.1.) will be retained only for as long as we need it to fulfil the purpose for which we have collected it or as long as required by statutory retention requirements. Technical Data (as described in Section A.2.) will be retained only as long as it is necessary to provide access to our site. The IP-Address will be retained for 7 days to enable us to engage in effective defense against attacks on our site, i.e. DDOS attacks. However, we may retain Technical Data as long as certain marketing purposes require. In no event will we retain your Technical Data longer than 35 days, provided storage of data is not required by statutory retention requirements, as may be the case regarding data that is relevant for obligations under tax and commercial law.
G. YOUR RIGHTS
Right of access (Art. 15 GDPR);
You have the right to information regarding the data we process concerning you. Upon request we will provide you a copy of the data together with additional information to the extent defined in Art. 15 GDPR.
Right to rectification (Art. 16 GDPR);
You have the right to rectification of your data, wherever such data is incorrect or incomplete.
Right to erasure (Art. 17 GDPR);
You have a right to erasure regarding data that is no longer required for the original purposes or that is processed unlawfully, as described in Art. 17 GDPR. Wherever certain data is subject to retention periods, instead of deleting the data we will restrict processing to the duration and intended purposes of such period.
Right to restriction of processing (Art. 18 GDPR);
Upon your request, we will restrict processing of personal according to Art. 18, wherever there are uncertainties regarding our right to process such data or while a decision regarding your objection to such processing is pending. In such cases we will only retain data, restrict any processing to the minimal extent necessary and withdraw access to your data from our employees.
Right to data portability (Art. 20 GDPR);
Upon your request we will transfer any personal data you have provided to us during the use of our services on the basis of consent or any contractual or pre-contractual relationship to you or any third party, provided secure communication with third party is technically feasible. We will provide the data in [a structured and machine-readable format]
Right to object to processing based on Art. 6 Abs. 1 lit. f GDPR (Art. 21 GDPR);
Upon your objection we will cease any processing of your personal data based on Art. 6 lit. f. Wherever we have compelling legitimate grounds to process your data, we are allowed to further process such data, provided our interest in doing so prevails in a weighting against your interest against the processing activity. Therefore, to allow us to evaluate your request, please let us know the reason for your objection.
Wherever you gave consent to a data processing, in accordance with Article 7 (2) GDPR, you have the right to withdraw your consent to us at any time. As a result, we will not continue processing data based on this consent in the future. The withdrawal of consent does not affect the legality of the processing carried out based on the consent until the withdrawal.
Furthermore you have the right to lodge a complaint with a data privacy supervisory authorities.
The contact details for both are:
BMG Rights Management GmbH
Data Protection Department
Last modified: 23.05.2018