Legal documents for authors - Privacy policy in English

Warsaw, April 01, 2023

Last updated on: April 01, 2023

This Privacy Policy describes the methods of data processing by ExpertMusic in order to obtain and/or grant the rights to the music, distribute the music, supply the products (the ”Products”) and provide the services (the “Service(s)”), hereinafter also referred to as the “Services”, in general or via our websites and/or other means of electronic communication (widgets, mobile applications or API), hereinafter collectively or separately referred to as the “Sites”.

We attach particular importance to the secure processing of data, their confidentiality, non-disclosure and protection of rights related thereto.

Please take the time to read our Privacy Policy carefully.

By visiting this website, providing ExpertMusic with your Personal Data or other information on the Sites, subscribing to the Services or entering into a contract with Us, You confirm that You have read and agreed to the terms of this Privacy Policy.

If you do not agree to this Policy, do not access or use our Services or interact with any other aspect of Our business.

This Privacy Policy stands separately from other privacy policies or any other service practices published by any third-party companies, such as Facebook Inc., Apple Inc., Google LLC, Microsoft Corp., Twitter, TIK TOK or any mobile operator or any third party that manages the website, application or service to which the Sites or Services link or redirect, in particular, by means of a hypertext link not published by Us. We bear no responsibility in that respect.

If you are an author, artist, artist representative (producer, manager, independent label), rights holder, customer, visitor to the Sites (the “User(s)”), service provider, supplier, customer, recipient of the Service, partner or processor who entered into a contract with Us (collectively or individually “You”; “Your”) – an ExpertMusic group company, this Privacy Policy applies to You.

Minors (as defined by law in various countries) (the “Minors”) may not subscribe to the Services on the Sites without the prior consent of a parent or legal guardian and giving agreement to this Privacy Policy. Parents and legal guardians bear responsibility for their minors' use of services, products, and sites.

In accordance with the General Data Protection Regulation 2016/679 (“GDPR”) and other data protection laws, We reserve the right to make changes to this Privacy Policy at any time. A notice on the home page of the Site(s) will alert you, or a notice will be posted on the Service(s), or, in certain cases, you will receive an email informing of such changes.

I. PERSONAL DATA ADMINISTRATOR

ExpertMusic Group of companies (hereainfter also referred to as the “ExpertMusic Group”, We, Our) consists of the following companies:

- Expert Music sp. z o.o. (hereinafter also referred to as “ExpertMusic”), with its address at: al. Armii Ludowej 6/164, 00-571 Warsaw, Poland; registered in the Commercial register of Warsaw district Court in Warsaw city, XIII Commercial Department of the National Court Register (KRS): 0000502608, taxpayer’s identification number (NIP) 7010414161, Autnorized Capital: 50 000,00 PLN (tax resident of the Republic of Poland);

- IndoorMedia LLC, a legal entity established and acting in accordance with the law of Ukraine, date and number of record in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations of Ukraine: 25.11.2008, 1 070 102 0000 035257; identification code: 36258881; registered address: 01011, Ukraine, Kyiv, Pecherskyi district, 16/13 Panasa Myrnoho street (tax resident of Ukraine);

ExpertMusic acts as a data controller and data processor, and IndoorMedia LLC only as a data processor received on ExpertMusic domains and sub-domains:

● expertmusic.net, including business.expertmusic.net, author.expertmusic.net and other sub-domains;

● expertmusic.pl and sub-domains;

● expertmusic.net.ua and sub-domains;

● expertmusic.net.ru and sub-domains;

● expert-music.com and sub-domains;

ExpertMusic Group has appointed a Data Protection Officer who is a contact person in the matters of processing Your Personal Data.

Oleksii Matviienko is the Data Protection Officer.

You can contact him directly by e-mail: aod@expertmusic.net or by addressing a letter to: ExpertMusic LLC, al. Armii Ludowej 6/164, 00-571 Warsaw, Poland;

The companies of the ExpertMusic Group have agreed that they shall be jointly and severally responsible for fulfilling their obligations to You regarding data protection and providing You with the opportunity to exercise Your rights. You can check the means to do it below.

ІІ. PERSONAL DATA PROCESSING

We may collect and process personal data and other information as set out below (collectively the “Data”, “personal data”) in order to fulfill Our obligations under the contract You have concluded with Us or to provide You with the Services.

Personal Data means the information which is directly or indirectly related to You as an identified or identifiable natural person. This may apply, depending on the contract, the Sites, the Services, your status and/or means of collection, to all of various Personal Data (or a part thereof), including:

FOR USERS- AUTHORS/RIGHT HOLDERS:

- name and surname;

- mailing address (street, house number/ or house and apartment number, post code and city, region, country);

- e-mail address;

- phone number;

- taxpayer identification number (TIN);

- series and number of the ID document, issuing authority and date of issue;

- pseudonym (stage name), series and number of passport, issuing authority and date of issue, name of the bank and account number, Pay Pal account, text, graphic, photographic or video elements or sound elements and dates relating to a sound recording that reproduces a performance (“Record”) or a video, reproducing an audiovisual work created by means of an image, demonstrating the interpretation of the musical work and the date that is the subject of the record (“Music Video”); covers, lyrics, videos, titles of works (compositions with or without words), dates, names, stage names, pseudonyms, biographies, videos and photos of artists, titles of songs and albums and related artists, year of release of songs and albums , as well as the name of the individual or legal entity holding the rights to the songs, arrangement and/or album artwork;

- Metadata necessary to identify the works recorded in the records and music videos, and their successors, in particular, names of authors, composers, publishers or all successors in title, ISWC, ISRC, UPC codes, etc.;

- IP address (a number automatically assigned by your Internet service provider) or MAC address of your electronic devices from which the Site(s) are accessed and which is automatically identified and recorded for each use of the Site(s);

- demographic Data (e.g.: age, sex);

- technical information (e.g.: cookies);

- browser information (or information about any other software program, e.g. software accessing the advertisements);

- Third-party data (e.g.: contacts or counterparties) provided by the USERS- AUTHORS/RIGHT HOLDERS. You must obtain an express consent of such third party before transferring its data to Us;

- time of access;

- webpage address;

- referrer (previous webpage address);

- data received through the ExpertMusic Services on the Sites mainly in the form of filling out forms, as well as the contract that you concluded with Us; The account you created or the Service to which you are subscribed; browsing, downloading or using the Site; Your claims regarding the Service; Public databases; Commercial or informational partnership for marketing or advertising operations related to Our activities; using your personal User account in one of the social networks, platform or external service to connect to one or more accounts on the Sites. In this case, some personal data from your social network or personal account of an external service may be transferred to the ExpertMusic Group (for example, name, e-mail address, photos, contact list, playlist history, songs or favorite artists and any other information, to which the ExpertMusic Group obtains access when you log in through your personal social network account or any other external service); Your participation using a personal account on a social network, any external platform or service or directly on the Sites hosting events organized by Us;

We collect your Other Information from the following sources: the use of browsers, devices, widgets and other digital programs on such devices; Server log files; cookies; Geolocation, if users have given us their explicit consent; Exchange of information and data.

Providing the Data is voluntary.

MUSIC USERS

- name and surname;

- name of business entity;

- mailing address (street, house number/ or house and apartment number, post code and city, region, country);

- business entity identification number;

- taxpayer identification number (TIN);

- name of the institution;

- address of the institution;

- name and surname of the User’s contact person;

- e-mail address;

- phone number;

- Users’ demographic data (e.g.: age, sex, residence address);

- technical information (e.g.: cookies);

- browser information (or information about any other software program, e.g. software accessing the advertisements);

- Data related to preferences (playlists) of the music users, or other general data collected from music platforms;

- Third-party data (e.g.: contacts or counterparties) provided by the Users. You must obtain an express consent of such third party before transferring its data to Us;

- time of access;

- webpage address;

- referrer (previous webpage address);

We collect Your Other Information from the following sources: the use of browsers, devices, widgets and other digital programs on such devices; Server log files; cookies; Geolocation, if Users have given us their explicit consent; Exchange of information and Data.

Providing the Data is voluntary.

FOR THE PURPOSE OF:

providing access to all ExpertMusic Services on the Sites (creating Your personal accounts and managing them; taking actions at the request of the data subject before concluding a contract; fulfilling contractual obligations; carrying out and processing various payment transactions, responding to Your requests or questions, providing and improving customer support; communicating with You (e.g. administrative, advertising or commercial communication); complying with Our legal obligations);

● fulfilling Your application (contact request) and submitting Our offer to You based on Your consent (RODO 6.1.a);

● marketing communication, in particular, for the purpose of sending commercial information (including offers) from the ExpertMusic Group or Our business partners, which is the implementation of a legitimate interest of the ExpertMusic Group or Our partners (RODO 6.1.f). We send such information based on Your consent to electronic and telephone communication;

● if the application concerns a violation of the security of personal data in order to fulfill a legal obligation under Art. 33 and 34 RODO, RODO 6.1.c.;

● sending, buying or sharing gifts or links to albums or songs, music information, videos or other Services with contacts, friends, family members or other Users;

● analysis, identification, improvement and understanding the functioning of the Services and Sites, as well as trends in the use of the Services and Sites;

● providing and improving the security of the Services, combating fraud and preventing data breaches as defined in the GDPR;

● managing Your Personal Data in accordance with the GDPR.

Please note that We do not collect or process any sensitive Personal Data (i.e. data that directly or indirectly reveals racial or ethnic origin, political, philosophical or religious views or trade union membership, as well as genetic, biometric data from for the purpose of identification of a natural person, or data regarding a person’s health or sexual life, and for similar purposes). Therefore, we ask You to refrain from sending Us such data. Our contracts and registration forms specify the certain Data You must provide.

BASIS

We may process your Data on the basis of:

- Your consent;

- The contract You concluded with Us;

- Legal obligations;

- Our legitimate interest related to the provision of services and conducting business, including evidentiary, analytical and statistical purposes (for example: improving our Services, preventing fraud, protecting the Sites and Services or personalizing our communications).

TERM

We will retain the Data only for the term necessary to achieve the purposes set out above, to meet Your needs or to fulfil Our legal obligations. However, if we are required by law to keep the Data for longer or when the Data is needed by Us to submit legal claims or defend against them, We will retain the User's Personal Data until the end of the relevant retention period or until the claims are satisfied.

The Data storage criteria established by Us include:

- the term of validity of the contract concluded between You and Us;

- Storage period established by law (for example: state security and public safety and order, accounting or archiving obligations);

- the validity period of Your consent for a specific use;

- as long as it is necessary and relevant for Our activities (legitimate interest) and/or to comply with the law, prevent fraud, collect any debts, resolve disputes, solve problems, assist in any investigations, take other actions permitted by law.

As soon as We no longer need to process Your Data, We delete it from Our systems and databases or anonymize it so that You can no longer be identified. The Data received for the purpose of fulfilling Your request will not be processed if You withdraw the consent for its processing. You have the right to withdraw Your consent at any time, but this withdrawal does not affect the lawfulness of the processing of information carried out from the moment of receipt of your consent until its withdrawal.

We will process Your Data for marketing purposes unless You object to such processing.

ІІ-А OTHER INFORMATION

We also collect other data that does not necessarily lead, directly or indirectly, to your identification as a natural person (“Other Information”).

In this case, we will process them in accordance with the conditions described and for the purposes set out in Section II above. This Other information may include:

- Information about the User's Internet browser and devices for accessing the Sites, such as device type, screen resolution, operating system version, type and version of the Internet browser, and the type and version of the service used. A unique identifier may be assigned to the device from which users access the Services provided by Us or other service providers;

- data related to the Users' use of widgets, mobile applications or other communication services: in this context, we may register a unique identifier, as well as other information related to the connected device, in order to provide the content and advertising to the devices. The date and time of access to servers, as well as downloaded files and information may also be recorded;

- server log files for calculating the intensity of service use, managing the Services, diagnosing problems affecting the servers, or determining user location data;

- information collected with the cookies, empty GIF images, web beacons, pixel tags or other similar technologies (for more information, read about the use of cookies in Section VII below);

- demographic or other information that does not allow to identify a person;

- information about the use of the Services with the help of analytical tools, allowing Us to provide You with an increased level of productivity. The information collected in this way may provide us with information about the most frequently used services and features, the type of equipment used, the characteristics, the country and the language of download;

- informative cross-references for creating user profiles;

- responses to surveys or questionnaires about the use of Services or Sites offered by Us.

ІІІ. YOUR RIGHTS

Residents of the European Union/European Economic Area have the following rights under the GDPR:

- Right to be informed: the right to receive clear, transparent and understandable information about the ways We use your Personal Data;

- Right to access: the right of access to Your Personal Data stored by Us and related to You;

- Right to rectification, objection or restriction: the right to correct your Personal Data if it is inaccurate or incorrect and/or to supplement it;

- Right to erasure / right to be delete: the right to request the deletion or erasure of your Personal Data. However, we may limit this right based on legal grounds or a legitimate interest in the preservation of said Personal Data. Such request will result in the termination of the client/user account and the User will no longer be able to access the Sites or Services;

- The right to object to direct marketing: the right to change your choice at any time or to request that you no longer receive communications from Us or third-party partners regarding the offer of services, products, news or events. In this case, you can use the hyperlink provided for this purpose in every e-mail or promotional message you receive, or STOP SMS in every promotional SMS you receive. Users may also request to receive non-personalized communications about Products and Services. We will then make every effort to inform our third-party partners if such notification is impossible or would require inappropriate work. In this case, You shall be responsible for contacting the third party in question directly to request unsubscribe/unsubscribe/opt-out of said communications;

- The right to withdraw consent to consent-based data processing based at any time: the right to withdraw your consent to the processing of your Personal Data, if such processing is based on consent;

- The right to transfer data: the right to request the copying, transfer of your Personal Data to another database. This right applies only to Personal Data submitted by the Users, provided that the processing is based on an agreement or consent and is carried out using automated processes. We return Data to Users in a structured and easy-to-read format.

You have the right to withdraw Your consent at any time, but the withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of Your consent before its withdrawal.

Regarding the protection of your personal data, you can contact the Data Protection Officer (hereinafter - the “DPO”) by e-mail: aod@expertmusic.net or in writing by sending a letter to the: ExpertMusic LLC, 00-571, Poland, Warsaw, Al. Armii Ludowej str., 6/164 (Al. Armii Ludowej 6/164, 00-571 Warszawa).

If you have any doubts or objections regarding the processing of your personal data by the ExpertMusic Group, you have the right to file a complaint with the supervisory body - the President of the Office for Protection of Personal Data (ul. Stawki, 2, 00-193 Warsaw [Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2 , 00-193 Warsaw]).

IV. DATA RECIPIENTS

The ExpertMusic Group provides third parties with access to the Data that You submit to Us directly or indirectly, only to authorized persons, only within extent necessary and exclusively for the purposes specified in Section II above. We ensure that such access complies with the security measures We apply.

Data recipients may be:

- Companies within the ExpertMusic Group;

- Third-party providers with whom we cooperate in order to facilitate the provision of the Services or access to the Sites (including, but not limited to, hosting services, data analysis, payment transaction processing and refunds for rewards or orders for the Services, customer service, e-mail services, audit or other similar services);

- for artists or their representatives only: information may, among other things, be used to track sales of certain recordings for ranking purposes. By using our services, they agree that the ExpertMusic group may provide information about the sold records or music videos to third parties (for example, platforms), combine this information in charts, tables and/or other comparative informational support materials, as well as publish it.

Only provided that You give consent, the ExpertMusic Group will be able to market to you the products or services of third parties, the current list of which can be found in the table at the bottom of the page.

ExpertMusic Group may also transfer Your Data to duly authorized persons only when it is necessary exclusively for the purposes specified in Section II above, in the following cases:

- to comply with applicable legislation, in particular the laws of countries outside your place of residence;

- to respond to court injunctions or requests from state authorities, including those outside your country of residence;

- to perform or enforce a contract, the use of Our Services or to protect Our activities or the activities of Our artists, managers, labels and producers;

- to protect the rights, safety and property of the ExpertMusic Group, artists, labels, managers or producers;

- to exercise or protect Our legal rights or to recognize such rights;

- to seek the necessary assistance or to reduce damages or any penalties that may be imposed against the ExpertMusic Group;

- for reorganization, merger, acquisition, creation of a joint venture or any other form of transfer of all or part of the ExpertMusic Group or its assets to any third party;

- to transfer certain Data after receiving your explicit consent;

- to satisfy public interests;

- to protect You or third parties from fraud, abuse, illegal actions or breach of contract or general terms of use of the Sites or Services;

You can also choose to share Your Data using available features on message boards, discussion forums, chat rooms, sharing profiles on social networks, blogs, and any other ways offered by service providers. In this case, such service providers will be responsible for processing of Your Data, and You will need to carefully read their privacy policies. Information, documents or data published or transmitted by You in connection with the use of the service of such providers becomes publicly available and, therefore, may be available to other users of the services or may distributed on the Internet or in other communication networks. Under no circumstances shall We be liable for any consequences arising from the use or transmission of any information or Data voluntarily provided by You within any Service. We may use and transfer such Data in accordance with the general terms of use of the services or products.

V. REMOTE STORAGE AND TRANSFER OF YOUR DATA OUTSIDE THE EUROPEAN UNION

Our Services and Sites are controlled and operated from Poland. This Privacy Policy shall be governed by the law of the Republic of Poland. We take all necessary measures to host and store your Data on servers located in the European Union and the United States.

Due to our global presence, certain Data may be collected, transferred, hosted and/or more generally processed outside of your country of residence. Data protection and security requirements vary from location to location and may not provide the same level of protection as your country of residence or origin. However, ExpertMusic Group takes all relevant measures to protect Data transmission. Such measures include the use of data transfer methods approved by the European Commission and written agreements with our processors that ensure that they process the Data received from Us in accordance with the law.

We may, as stated in Section IV above, disclose Your Data to third-party partners as necessary to maintain and secure the Sites or Services, offer certain features or improve the functionality and appearance of the Sites and Services, or create new features.

We require that such third parties provide appropriate confidentiality and security guarantees, and take the necessary physical, organizational and technical measures to protect Your Data in accordance with applicable law. Any transfer of data outside the European Union is governed by safeguard mechanisms approved by the European Commission and/or local competent authorities.

Taking into account the fact that the ExpertMusic Group uses the services of other providers, Your Personal Data may be transferred outside the European Economic Area on the basis of respective agreements for countries that, based on the decision of the European Commission, have been recognized as providing an adequate degree of protection of personal data to the level of protection , operating in the European Economic Area or subject to the application of appropriate guarantees, which may consist in the use of mandatory corporate rules, standard provisions on data protection adopted by the European Commission, standard provisions on data protection adopted by the President of the Office for Personal Data Protection, or contractual provisions adopted by the President of the Office for the Protection of Personal Data (contact information: ul. Stawki, 2, 00-193 Warsaw [Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa]).

VI. Security

We apply appropriate physical, technical, administrative and organizational security measures to best protect your Data from loss, theft, misuse, misuse, fraudulent access, disclosure, alteration and destruction.

No data transmission over the Internet can be 100% secure, but We strive to maintain industry-recognized security standards designed to protect and prevent unauthorized access, disclosure and use of Data.

In all ExpertMusic Services, we have implemented solutions that ensure a high level of protection of Your Data, including an SSL certificate and an IT system of ExpertMusic Services that meet high standards of personal data protection.

Loss of Data

According to Articles 33, 34 and 55 of the GDPR, if We are the victim of a data breach or We are aware of such a breach, We will notify the competent local authority and, where required by law, notify You of such breach.

ExpertMusic Group will comply with other laws containing data breach reporting/notification requirements, where applicable, depending on the location of data subjects and other relevant factors.

VII. Cookies

As the editor of Our Sites, we are responsible for processing of cookies that we store there and provide control of cookies that are stored by third-party companies. When We, together with a third-party company, define the purposes and mechanisms of the cookies used, we bear joint responsibility with such third party for data processing. If third parties act as subcontractors, they act on Our behalf and in Our interests (e.g. advertising agencies).

When browsing our site on the user's computer (end device), in accordance with the given consent and browser settings, one or more cookies may be saved by Us or by a partner company (Our subcontractor).

Please read the information below about the cookies and how they are used.

Just like the majority of Internet services, our Services use the “cookies” technology.

Cookies are small files that are placed on your computer's hard drive when you visit certain Internet sites. They contain information about your computer and usually do not contain any personal information. These files cannot be used to infect the device with viruses or other malicious programs (malware).

Each individual cookie consists of 4 main parts:

WWW website name: the name of the domain or sub-domain that set the cookie;

Cookie Name: A cookie has a name that is unique to the page that set it;

Expiry date: some cookies expire when you close the browser (session cookies), other cookies will be automatically deleted only after the set expiration date (permanent cookies);

Meaning: This is the information in a cookie file that a WWW web page uses to “remember” your last visit.

We use cookies to store basic, anonymous information about the Users (for example, an identifier) and data that serves to improve the easy use of the Service, necessary for the optimization and the correct display of content on web pages, as well as for advertising campaigns.

This information is used to:

- authentication of users entering protected Internet sites, which allows them to visit many pages without the need to enter a username and password for each page;

- registration of user preferences – viewed content and viewing format (a user does not need to set the settings at every visit of the site);

- tracking of pages visited by users, which allows collecting data necessary for improving the presented content and navigation of the site.

We use the following categories of cookies on our websites:

A) Internal – installed by our service for its proper functioning;

B) Identification – set by our service to identify the session and login to the user's system;

C) External - installed by partners of our service, such as Google or Way2Traffic and intended, among other things, to analyze site traffic, research its sources, as well as user actions, advertising campaigns.

You can indicate which cookies you accept or reject in your browser settings. You can change your choices / preferences at any time. Changing or refusing certain settings may affect the proper functioning of the sites. Accepting cookies means you give your consent. You can follow the procedure for using certain cookies specific to your device. For more information: http://www.allaboutcookies.org. We remind you that in this case, access to certain promotions or functions of the Sites may be limited. Our Sites are not necessarily compatible browser marks to prohibit tracking.

Users of Our Service can stop providing this information to Our Service at any time by removing the cookies stored on their end devices by our service. To do this, you need to change the settings of the current Internet browser: Chrome; Microsoft Edge; Opera; Firefox; Safari.

Technical cookies are strictly necessary for you to navigate the Sites, to use their features and access secured areas (for example, access to your account / customer area). They are activated in response to your actions on the Sites. They do not store any personal data and do not require your consent. Some functions cannot be found without these cookies. You can set your browser to block these cookies, but in this case some parts of the site will no longer work.

VIII. List of third parties

List of third parties on whose behalf the ExpertMusic Group carries out marketing activities based on the consent given.

At the moment, there are no such persons.