Privacy information for artists
The
conditions for the use of the Plactron website and its fee-based services are
available upon request for the registration of an artist account. The Plactron
app is also only available to the artist as a standard user. In this respect,
the terms of use and data protection information for users apply.
The use of
an artist account is only permitted to persons over the age of 18.
I. Preliminary remark Data protection
In the
following, we explain the processing of your personal data when using the
Plactron website (hereinafter also referred to as "Plactron Artist
Platform" or "Platform").
Personal
data is any information relating to an identified or identifiable natural
person (also referred to as "data subject"). In this context, a
natural person is considered identifiable if he or she can be identified directly
or indirectly, in particular by means of an association with an identifier such
as a name, an identification number, location data, an online identifier or one
or more special characteristics that are, for example, an expression of the
economic, cultural or social identity of this natural person.
Privacy
settings in the Plactron Artist Platform: The processing of personal data of
the artist can be viewed, updated and adjusted via the "Privacy
setting" in the Plactron Artist Platform. You can request your personal
data at any time at datenschutz@plactron.com.
Notification
settings: The notification settings allow you to select which notifications you
would like to receive in the Plactron Artist Platform, in particular via email,
etc.
If you have
any questions about data processing, you can contact us at any time:
datenschutz@plactron.com
Navigation overview
II. Who
is responsible for data processing?
III. What personal data is collected and
processed?
1. when you access the
web application in your browser (information about cookies, tracking, etc.).
2. when you register on
the website/platform (user data and general usage data)
3. when you use the
artist functions in the app/web application.
a) Offer music: Create
artist profile and booklets
b) Settlement of artist
contract
4. advertising measures
/ notifications by e-mail / newsletter
5. when you contact us
6. in the future: when
you use the "share" function
7. if you wish to exercise
your data subject rights and contact us
8. we receive your
personal data partly from third parties
9. we partially
transfer your personal data to third parties
IV. How long is personal data stored?
V. Transfer to other countries outside the
EU/EEA outside the scope of the GDPR
VI. Your rights as a data subject
1. right to information
2. right to rectify
inaccurate data
3. right to deletion
4. right to restriction
of processing
5. right to data
portability
6. right of revocation
for data processing based on your consent
7. right to object in
case of data processing based on legitimate interests
8. right of appeal
VII. How best to contact us with questions
about data protection in the platform
II. Who is responsible for data processing?
Responsible
for data processing is the
Plactron
GmbH, - Sommerstraße 20A, 82008 Unterhaching, Germany,
datenschutz@plactron.comim hereinafter also "Plactron"
("we", "us", "our").
Both when
using the Plactron Artist Platform and when selling the Artist's music using
the Platform, your personal data will be collected and processed by us. The
details of the data processing result from the following description of the
individual processes.
Plactron
collects information, which may include personally identifiable information,
from your browser when you use our website and the Platform.
Third
parties may also collect information about websites through cookies, plug-ins,
and third-party widgets. These third parties may collect data directly from
your web browser; the processing of this data is subject to their own privacy
policies.
We use
cookies and pixel tags, among other things, to track website usage and
understand our customers' preferences (e.g., country and language selection).
This enables us to provide services to our users and improve their online
experience. We also use cookies and pixel tags to obtain aggregate data about
web site traffic and interaction, to identify trends, and to obtain statistics
to help us improve our websites. There are generally three categories of
cookies that can be used:
●
Functional: These cookies are needed
for the basic functionality of the website and are therefore always enabled.
They include cookies that allow you to be remembered when visiting our websites
within a single session or, if you wish, from session to session. They help to
enable the shopping cart and ordering process, assist with security issues and
compliance.
●
Performance: These cookies allow us
to improve the functionality of our pages by tracking usage. In some cases,
these cookies improve the speed with which we can process your request and
allow us to remember the page settings you have chosen. Rejecting these cookies
may result in poorly tailored recommendations and slow site performance.
●
Social media and
advertising: Advertising cookies (from third parties) collect information to better
tailor advertising to your interests, both within and outside our websites. In
some cases, these cookies involve the processing of your personal data.
Rejecting these cookies may result in you seeing advertisements that are not as
relevant to you, or not being able to link effectively to Facebook, Twitter or
other social media and/or not being allowed to share content on social media.
You can
adjust your advertising settings on your mobile device at the device
level. For example, to customize your
advertising settings in iOS, visit Settings > Privacy > Tracking and
Settings > Safari > Restrict Privacy & Security. To customize your
advertising settings in Android, visit Settings > Google > Ads >
Exclude interest-based ads.
We use a
variety of methods, such as cookies and pixel tags, to collect information that
identifies your
● IP address,
●
unique
cookie identifier, cookie information, and information about whether your
device has software to access certain features,
●
can
include unique device identifier and device type;
●
Domain,
browser type and language,
●
Operating
system and system settings,
● Country and time zone,
● previously visited websites,
●
Information
about your interaction with our websites, such as click-through behavior,
purchases, and displayed preferences; and
● Access times and referring URLs
capture
We use the
following cookies in detail:
|
Cookie name |
Purpose |
Duration/Clearance |
Legal basis |
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We use the
following tracking measures in detail:
|
Tracking tool name |
Purpose |
Duration/Clearance |
Legal basis |
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Via our
cookie banner when calling up the website, you can make a selection of the
cookies and tracking measures to be set. The functions of the website and the
web applications may only be used to a limited extent if you reject certain
cookies. You can reject tracking measures without any functional restrictions.
You can adjust the cookie/tracking management on the website under
"Cookie/tracking management".
Before you
can sell music via the app/web application, you must agree on a contract for
use and remuneration with Plactron. The use of an artist account is only
possible after registration and individual approval by Plactron.
If you
register in the Plactron Artist Platform and use it as an artist, the following
personal data will be collected and processed:
|
Data category |
Data description |
|
Usage data |
●
First registration
date ●
Name ● Address ● Email ID ● Profile picture |
As soon as
the registration and activation of the artist account has been carried out by
Plactron, the artist can create his artist profile on the platform and e.g.
fill in booklets with the contents desired by him in compliance with the terms
of use and contract agreed between the artist and Plactron.
The
processing of this data is based on Art. 6 (1) a) and b) DSGVO.
As an
artist, you can view the following data in your account in the Plactron web
application for billing the contract:
|
Data category |
Data description |
|
Contract, sales and payment data |
●
Information on invoice recipient and invoice address ●
Payment method (such as Paypal) ●
Necessary data for the use of the selected payment method ● Revenue and sales history ●
Granted authorizations to a collecting society |
Plactron
uses your billing data exclusively for billing the contract.
Depending
on the type of data relevant for billing, the processing is based on several
legal bases. If Plactron processes data such as your name, address, credit card
information and/or other bank and payment data, the processing of this data is
also based on Art. 6 para. 1 b) DSGVO.
We use your
e-mail address for the purpose of sending you information, i.e. to inform you
about contract conclusions, changes to the functions of the platform and
services offered therein as well as about the company's own products and services.
The provision of an e-mail address is sufficient. The legal basis for this
processing is Art. 6 para. 1 lit. c), f) and a) DSGVO (our legitimate interests
to inform you about our services, fulfillment of legal information
obligations).
In the case
of direct marketing, you have a general right of objection, which is
implemented by us without specifying a particular situation. If you wish to
exercise your right of revocation or objection, an e-mail to datenschutz@plactron.mail is sufficient.
Furthermore,
you can subscribe to our newsletter with information about our services and
services of third parties. The legal basis for this processing is Art. 6 para.
1 lit. a), f) DSGVO. You can revoke your consent free of charge at any time for
the future.
If you
contact us by e-mail, telephone or fax, your inquiry including all resulting
personal data (name, inquiry, and other data provided by you) will be stored
and processed by us for the purpose of processing your request. We will not
pass on this data without your consent.
The
processing of this data is based on Art. 6 (1) lit. b DSGVO if your request is
related to the performance of a contract or is necessary for the implementation
of pre-contractual measures. In all other cases, the processing is based on
your consent (Art. 6 para. 1 lit. a DSGVO) and/or on our legitimate interests
(Art. 6 para. 1 lit. f DSGVO) in the effective processing of requests addressed
to us.
The data
you send to us via contact requests will remain with us until you request us to
delete it, revoke your consent to store it, or the purpose for storing the data
no longer applies (e.g., after your request has been processed). Mandatory
legal provisions - in particular compliance with legal retention periods and
fulfillment of obligations to provide evidence - remain unaffected.
We are
constantly developing our services and functions. Currently, we do not yet
offer a so-called "share" function.
However, if
we offer this function in the future, this is how we expect to process your
data: The share function allows you to share content using the standard
functions of your end device via other services, for example, via email or on
social networks that you have installed or are logged in to. Only when you
actually tap the share function is the data transferred to the operating system
of the end device and from there to the respective app (e.g. email program,
etc.).
Further
processing of the data is governed by the privacy statements of the respective
networks that provide the sharing function. The purpose and scope of the data
collection and the further processing and use of the data by social networks,
as well as your rights in this regard and setting options for protecting your
privacy, can be found in the privacy notices of the respective networks.
We will not
disclose your personal data to third parties for the purpose of requesting
information or otherwise asserting your rights as a data subject, unless this
is necessary for the assertion of or defense against legal claims or for proof
of compliance with our obligations vis-à-vis the data protection supervisory
authority.
Your
personal data will be used by us after processing your input on the data
subject rights for evidence purposes vis-à-vis the data protection supervisory
authorities and stored for this purpose. This means that we only process or
store your data in order to be able to prove that and how we have responded to
your request. We will continue to store this data for 12 months from the end of
the calendar year in which we received your input as a data subject for this purpose
and will then delete it if it is no longer required for the defense against or
assertion of legal claims.
This
processing of your data is necessary to protect our overriding legitimate
interests and to fulfill our legal obligations. The legal basis for the
processing of your personal data in the context of asserting your data subject
rights against us is Art. 6 (1) c) and f) DSGVO. Since we, as the data
controller, are accountable to data protection supervisory authorities (Art. 5
DSGVO), our legitimate interest in being able to demonstrate our legal
obligations to supervisory authorities prevails. If applicable, we may further
require your personal data in case of defense against and assertion of legal
claims.
In some
cases, we receive data from other data controllers or private parties:
|
Data source category |
Category |
|
In the future: Authentication
partner |
You register in the Plactron
Artist Platform account with other providers. In this case, we receive your
personal data for registration and user access from these third parties. |
|
Technical service partners |
Certain technical data is provided
to us by technical service providers, such as mapping IP addresses to
non-exact location data (e.g., city, state), so that we can provide the
Plactron Artist Platform and its content and features in compliance with licensing
requirements. Furthermore, we receive data
via/from our application hoster and programmers (processors) who support us
in the technical implementation of the app, platform and its functions. |
|
Cooperation partner |
We are constantly developing our
platform/app functions. This includes the possibility to get in touch with
cooperation partners like (studios, online stores for music equipment,
merchandising providers, ticket stores, consultants, intermediaries, etc.). In the case of individual cooperation partners, we may then receive information as to whether you have concluded a contract after being redirected from the platform to the cooperation partner's website. We do not receive any further information. |
Any receipt
and disclosure of personal data is justified by the fact that we have a
legitimate interest in adapting our offers/services to the economic and legal
circumstances as necessary, and thus also your rights and interest in the
lawful use of our offers/services in compliance with legal requirements (e.g.
licensing requirements) must be met, and to protect you from improper use of
your data.
|
Data source category |
Category |
|
In the future: Authentication
partner |
You register in the Plactron
Artist Platform via your artist account with other providers. In this case,
we receive your personal data for registration and user access from these
third parties. The authentication partner receives your request for registration
in our app. You can ask your authentication partner which data it collects
and processes in addition. |
|
Viewable profile data |
Your username, your profile
picture, which users and artists you follow and who follows you (artist), the
last music albums/tracks you played and your shared playlists, if any, are
visible to other users and artists in the Plactron app. It is planned that in the future
you will be able to share further details and information for publication via
the Plactron platform for viewing in the Plactron app (e.g. via the
"Share" function). |
|
Payment service provider/tax
advisor/accountant/auditor/lawyer |
The data for processing the
payment according to the contract agreed with between the artist and Plactron
for offering his music to private users via the Plactron app will be
processed payment service provider/bank. Within the scope of the contract
processing between the artist and Plactron, it may become necessary for us to
call upon the support of the members of the tax consulting and legal
consulting professions. This can then receive the information on the
contractual partner and contractual relationship necessary for the
consultation. |
|
Technical service partners |
Certain technical data is provided
to us by technical service providers, such as the mapping of IP addresses to
non-exact location data (e.g., city, state), so that we can provide the
Plactron App and its content and features in compliance with licensing
requirements. Furthermore, we receive data
via/from our application hoster and programmers (processors) who support us
in the technical implementation of the platform, app and their functions. We
therefore work with service providers (so-called order processors) who
support us in this regard. For the operation of our app, we use service
providers that we have carefully selected and with whom we have concluded
corresponding contracts for order processing to comply with the regulations
from the DSGVO and the BDSG. |
|
Cooperation partner |
We are constantly developing our
app functions and web application for artists. This includes opening the
possibility for the artist to connect with cooperation partners like
(studios, online stores for music equipment, merchandising providers, ticket
stores, consultants, intermediaries, etc.). So if you call up the offers of
our cooperation partners via the app, information can be collected from these
cooperation partners about which application/website the request was
forwarded via. |
|
Collecting societies |
The order of individual music
titles, albums, lyrics, music videos and other retrievable content can and
must be recorded in part for licensing reasons and for billing purposes. Data
collected in the course of the recording process will be treated as strictly
confidential and will not be published under any circumstances. In individual
cases, if necessary, the disclosure to one of the collecting societies that
represent the interests of the artists who are registered with them (eg GEMA)
passed on, in order to enable here nach Urhebergesetz vorgesehe participation
of artists in the uses of your works. |
|
Fulfillment of legal obligation |
Your data will be transferred to
public authorities, including tax authorities, law enforcement agencies, data
protection supervisory authorities, lawyers, courts or the employment agency
(in the case of applicants) if a legal obligation exists. In addition, data
will only be transferred to third parties if this is necessary for the
above-mentioned purposes, is permitted by law, you have given your prior
consent or this is necessary for the defense against or assertion of legal
claims against you/us. |
|
Legal succession |
As part of the further development
of Plactron and its business model, the corporate structure of Plactron may
change. This may occur, for example, through a change in legal form, or
subsidiaries, parts of companies or components may be founded, bought or
sold. In such transactions, your information may be transferred along with
the part of Plactron being transferred. In any transfer of personal
information to third parties to the extent described above, Plactron will
ensure that it is done in accordance with this Privacy Notice, applicable
data protection law and after informing you. Any disclosure of personal data is
justified by the fact that Plactron has a legitimate interest in adapting our
corporate form to the economic and legal circumstances as required and that
your rights and interests in the protection of your personal data within the
meaning of Art. 6 (1) f) DSGVO are not overridden. |
|
Data analysis, research |
For the purpose of conducting
scientific analysis, studies and research, we may share pseudonymized
(anonymized to the extent possible) personal data with third parties in order
to improve our services and offerings and tailor them to the needs of our
users and artists. |
Furthermore, we do not pass on your data to third parties, either for a
fee or free of charge, without your permission. We only transfer your personal data to service
providers and cooperation partners who are not our order processors if there is
a legal basis for this, e.g. if you give your consent for this, your
registration in the Plactron app, platform or directly request the services of
these third parties. You can revoke this consent at any time free of charge
with effect for the future.
For example, they may share your
personal data with artists, record companies or other partners who wish to send
you news or promotional offers directly. This data processing is the responsibility
of this third party.
Your
personal data will be stored for the duration of the contract and then until
the specified purpose is achieved with a subsequent review period and, if
necessary, archived for retention periods to be observed (e.g. for contracts
and invoices, of at least 6 years from the end of the calendar year of origin)
and then irrevocably deleted.
User data
and usage data will be archived for up to 4 years from the end of the calendar
year in which the artist's contract is terminated, unless longer statutory
retention periods are relevant (e.g. in tax and commercial law in the case of
invoices, receipts and commercial letters).
In the
event of an assertion of rights and/or legal defense, we shall retain any
enforcement titles acquired therefrom until settlement, but no longer than 31
years from the end of the calendar year in which the title arose.
As far as
and as soon as possible, personal data will be pseudonymized.
We
currently provide for data processing and data storage by contract with our
service providers and service partners exclusively in Germany and the EU/EEA. A
transfer of the user's personal data to countries outside the EU/EEA is
currently not actively carried out by us, the platform or the app.
However, a
transfer to third countries may take place through the use of the network
functions/sharing functions. The providers of these functions may belong to an
international group (e.g. with parent companies in the USA, China). The user
should therefore carefully read the privacy information, of the social networks
selected by the user as well as (future) authentication partners (social media
accounts). We have no influence on this data processing by third parties
selected by the artist, as the selection of these third parties is made by the
artist.
To exercise
or assert your rights below, please contact us at the above contact address or
by e-mail at: datenschutz@plactron.com.
You have
the right to obtain from Plactron at any time information about the personal
data processed by Plactron concerning you within the scope of Art. 15 DSGVO.
You have
the right to demand that Plactron immediately correct the personal data
concerning you if it should be inaccurate.
You have
the right to request that Plactron erase the personal data concerning you under
the conditions described in Art. 17 DSGVO. These conditions provide in
particular for a right to erasure if the personal data are no longer necessary
for the purposes for which they were collected or otherwise processed, as well
as in cases of unlawful processing, the existence of an objection or the
existence of an obligation to erase under Union law or the law of the Member
State to which Plactron is subject. For the period of data storage, please also
refer to the section "How long is data stored" in this data
protection information.
You have
the right to request Plactron to restrict processing in accordance with Art. 18
DSGVO. This right exists in particular if the accuracy of the personal data is
disputed between you and Plactron, for the duration that the verification of
the accuracy requires, as well as in the event that you request restricted
processing instead of erasure in the case of an existing right to erasure.
Furthermore, you have the right to restriction in the event that the data is no
longer necessary for the purposes pursued by Plactron, but you require it for
the assertion, exercise or defense of legal claims, as well as if the
successful exercise of an objection is still disputed between Plactron and you.
You have
the right to obtain from Plactron the personal data concerning you that you
have provided to Plactron in a structured, commonly used, machine-readable
format in accordance with Art. 20 DSGVO.
You have the right to revoke your consent to
data processing at any time. However, the revocation of consent does not affect
the lawfulness of the processing carried out on the basis of the consent until
the revocation (no revocation for the past).
To exercise your right of withdrawal, please
contact us by e-mail at: datenschutz@plactron.com
You have the right to object at any time, on
grounds relating to your particular situation, to the processing of personal
data concerning you which is carried out, inter alia, on the basis of Article
6(1)(f) DSGVO, in accordance with Article 21 DSGVO. Plactron will stop processing your personal
data, unless Plactron can demonstrate compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or if the
processing serves the purpose of asserting, exercising or defending legal
claims. In the case of direct marketing, you may exercise your right to object
without giving any reasons.
To exercise your right to object, please
contact us by e-mail at: datenschutz@plactron.com
If you are
of the opinion that processing is taking place on our website, in our Plactron
App and/or Plactron Artist Platform that is questionable under data protection
law, you can also contact the supervisory authority responsible for you or for
us (our company's registered office is in Munich, Bavaria) for data protection.
You can
find out which supervisory authority is responsible for you on the website of
the Federal Commissioner for Data Protection and Freedom of Information at the
following link:
https://www.bfdi.bund.de/[...]/SupervisorsNonOeffArea_list.html
If you have any questions or comments regarding the handling of your
personal data or if you wish to exercise your rights as a data subject under
the GDPR, please contact Plactron at the
following contact details: datenschutz@plactron.com