Effective from May 25, 2018
2. The Personal Data we process
2.1 Registration data
When you sign up for our Service, we may collect certain information on your contact person(s), like name, title, e-mail address and business address.
2.2. Usage, log data & cookies
When you use the Service, we automatically collect certain information, including:
(i) information about the type of Product you use including your user account credentials and your interactions with the Service, including with songs, playlists, other users, third party applications and content advertising, products and services which are offered, linked to or made available on or through the Service;
(ii) the details of the queries you make;
(iii) any user content you post, upload and/or contribute to the Service;
(iv) technical data, which may include the URL you are coming from, your IP address, unique device ID, network and computer performance, browser type, language and identifying information, transactional information enabling digital rights management, operating system, and SYB application version; and
(v) location information.
2.3. Payment data
When you sign up for a trial to our Service or activate any of our Products, or make other purchases through the Service, your credit card information and other financial data that we need to process your payment are collected and stored by third party payment processors. We may collect some limited information, such as your postal code, mobile number and details of your transaction history. In addition, the third-party payment processors generally provide us with limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your type of card, expiry date and last four digits. If you choose to pay by invoice, we may need to collect and transfer additional information, like your company name, registration number and phone number, to our invoicing service provider to enable credit checks and send you invoices. The use of your data by our invoicing service provider is subject to its privacy policies.
2.4. Sweepstakes, contests, & surveys
We may also perform customer satisfaction surveys, inter alia in relation to support matters, which may include processing of Personal Data of the respondent.
2.5. Personal Data collected from third parties
SYB may also from time to time collect Personal Data from third parties and use such Personal Data for promotional e-mails or other direct marketing messages to promote the Service.
3. Our processing of your Personal Data
3.1. Purposes for processing
We may use and store the information we collect, including your Personal Data:
(i) for billing and administrative purposes in order to manage your or your legal entity’s relationship with us;
(ii) to provide, personalize, and improve your experience with the Service and Products made available through the Service, for example by providing customized or localized content and advertising;
(iii) to analyze your use of the Service, including your interaction with applications, advertising, Products that are made available, linked to or offered in the Service, to ensure technical functioning of the Service and Products made available through the Service and based on your use develop new products and services;
(iv) to communicate with you for Service-related purposes including to send promotional e-mails or other direct marketing messages, other support related purposes such as service changes and processing statistical data pertaining to such support, and to perform customer satisfaction surveys including consequent promotional e-mails or other direct marketing messages based on such survey;
(v) to communicate sales opportunities to you when we can see areas of your business that could benefit from additional services and Products;
(vi) to enable the provision of the Service and to promote it, including features and content of the Service and Products made available through the Service, such as sharing, user interactions, notifications and suggestions, and integration with third party services;
3.2 How long we keep information
We will only store your Personal Data for as long as they are necessary for the purposes they were collected for and to provide our Service and Products.
We retain your Service user account information as long as your user account is active and a reasonable time thereafter in case you decide to re-activate the Service.
In certain cases, we may retain some of your Personal Data for a longer period of time as necessary to comply with our legal obligations, such as to resolve disputes, enforce our agreements, including to safeguard our rights, to support business operations, legal bookkeeping requirements, and to continue to develop and improve our Service and Products. After such time, we will either delete or anonymize your Personal Data or, if this is not possible (for example, because the information has been stored in backup archives), securely store such data and isolate it from any further use until deletion is possible. Where we retain information for Service and Product improvement and development, we take steps to eliminate Personal Data that identifies you, and we only use the information to uncover aggregated insights about the use of our Service and Products.
3.3 Legal bases for processing of your Personal Data
When we process Personal Data of your contact person(s), we base such processing on our legitimate interest to be able to communicate with said contact person(s) within the context of providing the Service or otherwise for the legitimate interest of pursuing the purposes set out in Section 3 above.
When we process Personal Data in relation to marketing or other promotional activities, we base such processing on your explicit consent when you have requested to be contacted by SYB, or on our legitimate interest to promote the Service or Products.
4. How we share the information we collect
Accordingly, we may share the information we collect, including your Personal Data, as follows:
4.1 Sharing with Rights Holders and Content Providers
The digital content is accessed through the Service that may be owned by us or licensed or otherwise made available to us by third parties (Rights holders and Content Providers as respectively defined in the GTC). We may share the information with such Rights Holders and Content Providers. The Rights Holders and Content Providers may process the information for purposes of administering the relationship with its stakeholders and rights holders in turn, which may involve sharing the information outside of the European Union. The Rights Holders and Content Providers are obliged to comply with applicable data protection regulation as well as with their own, at each time applicable, privacy policies.
4.2 Sharing with Spotify/third party platforms and licensors
For Products provided in cooperation with Spotify and any other third party platforms we may cooperate with from time to time, we may share the information with such platform provider and its licensors. The platform provider may process the information for purposes of administering the relationship with its licensors, which may involve sharing the information outside of the European Union. Certain information may also have to be provided directly by you to Spotify or such other platform when registering as a user. The platform provider and its licensors are obliged to comply with applicable data protection regulation as well as with their own, at each time applicable, privacy policies.
4.3 Sharing with other Third Party Applications
To personalize your experience, we may share some information we have collected about you with providers of Third Party Applications, such as high-level geographic information, your musical preferences, settings and technical data. However, we take precautions to prohibit Third Party Application providers from attempting to identify you by using the information we provide to them or by collecting additional information without your consent.
4.4 Sharing with business partners and third party service providers
4.5 Other sharing
In addition to the above, we may also share your Personal Data to third parties for these limited purposes:
• to allow a merger, acquisition, assignment of rights and/or obligations or sale of all or a portion of our assets;
• to respond to or initiate legal process (e.g. a court order or subpoena), if we believe in good faith that it is necessary to do so;
• to comply with requirements of mandatory applicable law;
• to protect the safety of any person;
• to protect the rights and property of SYB, including to enforce the Agreement with you;
• and to address fraud, security or technical issues;
• to inform business partners about use of the Service and Products made available through the Service, in the form of aggregated statistics or otherwise in a format which does not reveal your identity;
• if you expressly opt in to such sharing.
You understand and agree that privacy policies of third parties to whom we provide information and share information with under this Section will govern all use of such information.
5. Transfer to other countries
When we transfer Personal Data outside of EEA and Switzerland, we only do so when the countries in which the recipient is located ensures an adequate level of data protection according to the European Commission or if we have ensured that the recipient provides appropriate safeguards. We also enter into agreements with such recipients binding them to apply standard contractual clauses that the European Commission has issued which ensure suitable measures to safeguard your rights and freedoms. We do this in order to ensure that the transfer is made in accordance with applicable data protection law. You may access a list of which countries the European Commission has decided provides an adequate level of data protection at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. You may access the European Commission’s standard contractual clauses at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.
We may display advertisements from third parties and other content which links to third party websites. We are not in control of or can be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your Personal Data.
We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and sign off after having used the Service. While we take reasonable data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information at any time. We maintain physical, electronic, and administrative safeguards to protect your Personal Data from unauthorized or inappropriate access, accidental or intentional manipulation, loss and destruction. We monitor and seek to improve our security procedures.
8. Your rights
8.1 Right to information, access and update Personal Data
You have the right to request information about the Personal Data we hold on you at any time (free of charge once a year).
If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed with the limitation that we cannot remove your Personal Data when there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as unsettled debts. You may access, amend and update some of the information we keep on you through your user account settings. To learn more about the information we hold about you, please don’t hesitate to e-mail [email protected] and specify which information you request access to or information regarding. We will respond within a reasonable period of time upon verification of your identity.
8.2 Right to delete your Personal Data
You may request that we delete your Personal Data without undue delay in the following circumstances:
(i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) you withdraw your consent on which the processing is based (if applicable) and there is no other legal ground for the processing;
(iii) you object to processing of Personal Data and we do not have any overriding legitimate grounds for processing;
(iv) the processed Personal Data has been unlawfully processed;
(v) the processed Personal Data has to be deleted for compliance with legal obligations.
Our Service may give you the ability to delete certain information about you from within the Service. For example, you may remove certain profile information within your profile/user account settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, as further described under Sections 3.2. and 8.1. above.
8.3 Right to object to processing of Personal Data
You have the right to object to the processing of your Personal Data when our processing is based on our legitimate interests. If you object and we believe that we may still processs the Personal Data, we must demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Your Personal Data will not be processed for purposes related to direct marketing if you oppose such processing. In each promotional e-mail to you, we will include a link which you can use to unsubscribe from further messages.
8.4 Right to restrict processing
You have the right to request that we restrict using your Personal Data in the following circumstances:
(i) you contest the accuracy of the Personal Data during a period enabling us to verify the accuracy of such data;
(ii) the processing is unlawful and you oppose erasure of Personal Data and request restriction instead;
(iii) the Personal Data is no longer needed for the purposes of the processing, but are necessary for you for the establishment, exercise or defence of legal claims
(iv) you have objected to processing in accordance with section 9.3 above, pending the verification whether our legitimate grounds override your interests, rights and freedoms.
8.5 Right to data portability
You have the right to receive the personal data concerning you which you have provided to us to when such processing is based on your consent or on a contract in order to transmit these to another service provider. This right does not exist when we base our processing on the legitimate interest ground.
8.6 Right to withdraw consent
Where you gave us consent to use your Personal Data for a limited purpose, you can contact us to withdraw that consent. Please note, however, that this will not affect any processing that has already taken place at the time.
8.7 Right to lodge a complaint with a supervisory authority
Please note that you are always welcome to contact us if you believe that our processing of Personal Data is in breach of applicable data protection law. You may also at any time lodge a complaint with a supervisory authority regarding the processing of your Personal Data if you believe that our processing is performed in breach of applicable data protection law.
9. Exercising your rights and how to contact us
11. Information about cookies & similar technologies
What are cookies and similar technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can also do the same thing as cookies. We use the term “cookies” in this policy to refer to cookies and all such similar technologies that collect information in this way.
Cookie Type & Purpose
These cookies are necessary to allow us to operate the Service as you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly.
We use these cookies to analyze how the Service is accessed, used or is performing. We use this information to maintain, operate and continually improve the Service. We may also obtain information from our email newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.
These cookies let us operate certain functions of the Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Service, we can provide you with our Services as you have asked for them to be provided, such as knowing your username, remembering how you have customized our Services and reminding you of music you have enjoyed.
We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes and to help us regulate the advertisements you receive and measure their effectiveness.
We work with web publishers, advertising networks and service providers to deliver SYB ads on other web sites. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and to regulate the advertisements you receive and measure their effectiveness.
Manage your preferences
Please note that if you choose to block cookies, this may impair or prevent due functioning of the Service.
A third party service we use to track activity related to the Service, e.g. by placing cookies, is Google Analytics. If you don’t want any information to be collected and used by Google Analytics you can install an opt-out in your web browser (tools.google.com/dlpage/gaoptout?hl=None). We may use other third party services from time to time and similar opt-out possibilities are offered for such.