Privacy informationfor artists

The conditions for the use of the Plactron website and itsfee-based services are available upon request for the registration of an artistaccount. The Plactron app is also only available to the artist as a standarduser. In this respect, the terms of use and data protection information forusers apply.

The use of an artist account is only permitted to personsover the age of 18.

I. Preliminary remarkData protection

In the following, we explain the processing of your personaldata when using the Plactron website (hereinafter also referred to as"Plactron Artist Platform" or "Platform").

Personal data is any information relating to an identifiedor identifiable natural person (also referred to as "data subject").In this context, a natural person is considered identifiable if he or she canbe identified directly or indirectly, in particular by means of an associationwith an identifier such as a name, an identification number, location data, anonline identifier or one or more special characteristics that are, for example,an expression of the economic, cultural or social identity of this naturalperson.

Privacy settings in the Plactron Artist Platform: Theprocessing of personal data of the artist can be viewed, updated and adjustedvia the "Privacy setting" in the Plactron Artist Platform. You canrequest your personal data at any time at datenschutz@plactron.com.

Notification settings: The notification settings allow youto select which notifications you would like to receive in the Plactron ArtistPlatform, in particular via email, etc.

If you have any questions about data processing, you cancontact 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, - Zweigniederlassung Stein am Rhein, Obergass8, 8260 Stein am Rhein, Switzerland, datenschutz@plactron.comim hereinafteralso "Plactron" ("we", "us", "our").

III. What personal data is collected and processed?

Both when using the Plactron Artist Platform and whenselling the Artist's music using the Platform, your personal data will becollected and processed by us. The details of the data processing result fromthe following description of the individual processes.

1. when you access the web application in yourbrowser (information about cookies, tracking, etc.).

Plactron collects information, which may include personallyidentifiable information, from your browser when you use our website and thePlatform.

Third parties may also collect information about websitesthrough cookies, plug-ins, and third-party widgets. These third parties maycollect data directly from your web browser; the processing of this data issubject to their own privacy policies.

We use cookies and pixel tags, among other things, to trackwebsite usage and understand our customers' preferences (e.g., country andlanguage selection). This enables us to provide services to our users andimprove their online experience. We also use cookies and pixel tags to obtainaggregate data about web site traffic and interaction, to identify trends, andto obtain statistics to help us improve our websites. There are generally threecategories of cookies that can be used:

●      Functional: Thesecookies are needed for the basic functionality of the website and are thereforealways enabled. They include cookies that allow you to be remembered whenvisiting our websites within a single session or, if you wish, from session tosession. They help to enable the shopping cart and ordering process, assistwith security issues and compliance.

●      Performance: Thesecookies 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 yourrequest and allow us to remember the page settings you have chosen. Rejectingthese cookies may result in poorly tailored recommendations and slow siteperformance.

●      Social media and advertising: Advertising cookies (from third parties) collectinformation to better tailor advertising to your interests, both within andoutside our websites. In some cases, these cookies involve the processing ofyour personal data. Rejecting these cookies may result in you seeingadvertisements that are not as relevant to you, or not being able to linkeffectively to Facebook, Twitter or other social media and/or not being allowedto share content on social media.

You can adjust your advertising settings on your mobiledevice at the device level.  For example,to customize your advertising settings in iOS, visit Settings > Privacy >Tracking and Settings > Safari > Restrict Privacy & Security. Tocustomize 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

●       IPaddress,

●       uniquecookie identifier, cookie information, and information about whether yourdevice has software to access certain features,

●       caninclude unique device identifier and device type;

●       Domain,browser type and language,

●       Operatingsystem and system settings,

●       Countryand time zone,

●       previouslyvisited websites,

●       Informationabout your interaction with our websites, such as click-through behavior,purchases, and displayed preferences; and

●       Accesstimes and referring URLs

capture  

We use the following cookies in detail:

Cookie name

Purpose

Duration/Clearance

Legal basis

We use the following tracking measures in detail:

Tracking tool name

Purpose

Duration/Clearance

Legal basis

Via our cookie banner when calling up the website, you canmake a selection of the cookies and tracking measures to be set. The functionsof the website and the web applications may only be used to a limited extent ifyou reject certain cookies. You can reject tracking measures without anyfunctional restrictions. You can adjust the cookie/tracking management on thewebsite under "Cookie/tracking management".

2. when you register on the website/platform (userdata and general usage data)

Before you can sell music via the app/web application, youmust agree on a contract for use and remuneration with Plactron. The use of anartist account is only possible after registration and individual approval byPlactron.

If you register in the Plactron Artist Platform and use itas 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

3. when you use the artist functions in the app/webapplication.

a) Offer music: Create artist profile and booklets

As soon as the registration and activation of the artistaccount has been carried out by Plactron, the artist can create his artistprofile on the platform and e.g. fill in booklets with the contents desired byhim in compliance with the terms of use and contract agreed between the artistand Plactron.

The processing of this data is based on Art. 6 (1) a) and b)DSGVO.

b) Settlement of artist contract

As an artist, you can view the following data in youraccount 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 thecontract.

Depending on the type of data relevant for billing, theprocessing is based on several legal bases. If Plactron processes data such asyour 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.

4. advertising measures / notifications by e-mail /newsletter

We use your e-mail address for the purpose of sending youinformation, i.e. to inform you about contract conclusions, changes to thefunctions of the platform and services offered therein as well as about thecompany's own products and services. The provision of an e-mail address issufficient. 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 ofobjection, which is implemented by us without specifying a particularsituation. If you wish to exercise your right of revocation or objection, ane-mail to datenschutz@plactron.mailis sufficient.

Furthermore, you can subscribe to our newsletter withinformation about our services and services of third parties. The legal basisfor this processing is Art. 6 para. 1 lit. a), f) DSGVO. You can revoke yourconsent free of charge at any time for the future.

5. when you contact us

If you contact us by e-mail, telephone or fax, your inquiryincluding all resulting personal data (name, inquiry, and other data providedby you) will be stored and processed by us for the purpose of processing yourrequest. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. bDSGVO if your request is related to the performance of a contract or isnecessary for the implementation of pre-contractual measures. In all othercases, 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 theeffective processing of requests addressed to us.

The data you send to us via contact requests will remainwith us until you request us to delete it, revoke your consent to store it, orthe purpose for storing the data no longer applies (e.g., after your requesthas been processed). Mandatory legal provisions - in particular compliance withlegal retention periods and fulfillment of obligations to provide evidence -remain unaffected.

6. in the future: when you use the "share"function

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 ishow we expect to process your data: The share function allows you to sharecontent using the standard functions of your end device via other services, forexample, via email or on social networks that you have installed or are loggedin to. Only when you actually tap the share function is the data transferred tothe 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 privacystatements of the respective networks that provide the sharing function. Thepurpose and scope of the data collection and the further processing and use ofthe data by social networks, as well as your rights in this regard and settingoptions for protecting your privacy, can be found in the privacy notices of therespective networks.

7. if you wish to exercise your data subject rightsand contact us

We will not disclose your personal data to third parties forthe purpose of requesting information or otherwise asserting your rights as adata subject, unless this is necessary for the assertion of or defense againstlegal claims or for proof of compliance with our obligations vis-à-vis the dataprotection supervisory authority.

Your personal data will be used by us after processing yourinput on the data subject rights for evidence purposes vis-à-vis the dataprotection supervisory authorities and stored for this purpose. This means thatwe only process or store your data in order to be able to prove that and how wehave responded to your request. We will continue to store this data for 12months from the end of the calendar year in which we received your input as adata subject for this purpose and will then delete it if it is no longerrequired for the defense against or assertion of legal claims.

This processing of your data is necessary to protect ouroverriding legitimate interests and to fulfill our legal obligations. The legalbasis for the processing of your personal data in the context of asserting yourdata subject rights against us is Art. 6 (1) c) and f) DSGVO. Since we, as thedata controller, are accountable to data protection supervisory authorities(Art. 5 DSGVO), our legitimate interest in being able to demonstrate our legalobligations to supervisory authorities prevails. If applicable, we may furtherrequire your personal data in case of defense against and assertion of legalclaims.

8. we receive your personal data partly from thirdparties

In some cases, we receive data from other data controllersor 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 bythe fact that we have a legitimate interest in adapting our offers/services tothe economic and legal circumstances as necessary, and thus also your rightsand interest in the lawful use of our offers/services in compliance with legalrequirements (e.g. licensing requirements) must be met, and to protect you fromimproper use of your data.

9. we partially transfer your personal data to thirdparties

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 onyour data to third parties, either for a fee or free of charge, without yourpermission. We only transfer your personal data to service providers andcooperation partners who are not our order processors if there is a legal basisfor this, e.g. if you give your consent for this, your registration in thePlactron 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 thefuture.

Forexample, they may share your personal data with artists, record companies orother partners who wish to send you news or promotional offers directly. Thisdata processing is the responsibility of this third party.

IV. How long is personal data stored?

Your personal data will be stored for the duration of thecontract and then until the specified purpose is achieved with a subsequentreview 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 thecalendar year of origin) and then irrevocably deleted.

User data and usage data will be archived for up to 4 yearsfrom 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 andcommercial 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, butno longer than 31 years from the end of the calendar year in which the titlearose.

As far as and as soon as possible, personal data will bepseudonymized.

V. Transfer to other countries outside the EU/EEAoutside the scope of the GDPR

We currently provide for data processing and data storage bycontract with our service providers and service partners exclusively in Germanyand the EU/EEA. A transfer of the user's personal data to countries outside theEU/EEA is currently not actively carried out by us, the platform or theapp.  

Your data will also be processed through our branch office inSwitzerland. Furthermore, it is possible that we use servers and technicalproviders in Switzerland to store and manage data. In doing so, data isprocessed outside the direct protection provided by the DSGVO (Basic DataProtection Regulation). For the aforementioned data transfer, there is anadequacy decision of the EU Commission as a suitable guarantee for compliancewith data protection according to the standards of the DSGVO, so that theprotection of your personal rights is guaranteed when the data is transferredto Switzerland in accordance with the requirements of the DSGVO (adequate levelof data protection).

However, a transfer to third countries may take placethrough the use of the network functions/sharing functions. The providers ofthese functions may belong to an international group (e.g. with parentcompanies in the USA, China). The user should therefore carefully read theprivacy information, of the social networks selected by the user as well as(future) authentication partners (social media accounts). We have no influenceon this data processing by third parties selected by the artist, as theselection of these third parties is made by the artist.

VI. Your rights as a data subject

To exercise or assert your rights below, please contact usat the above contact address or by e-mail at: datenschutz@plactron.com.

1. right to information

You have the right to obtain from Plactron at any timeinformation about the personal data processed by Plactron concerning you withinthe scope of Art. 15 DSGVO.

2. right to rectify inaccurate data

You have the right to demand that Plactron immediatelycorrect the personal data concerning you if it should be inaccurate.

3. right to deletion

You have the right to request that Plactron erase thepersonal data concerning you under the conditions described in Art. 17 DSGVO.These conditions provide in particular for a right to erasure if the personaldata are no longer necessary for the purposes for which they were collected orotherwise processed, as well as in cases of unlawful processing, the existenceof an objection or the existence of an obligation to erase under Union law orthe law of the Member State to which Plactron is subject. For the period ofdata storage, please also refer to the section "How long is datastored" in this data protection information.

4. right to restriction of processing

You have the right to request Plactron to restrictprocessing in accordance with Art. 18 DSGVO. This right exists in particular ifthe accuracy of the personal data is disputed between you and Plactron, for theduration that the verification of the accuracy requires, as well as in theevent that you request restricted processing instead of erasure in the case ofan existing right to erasure. Furthermore, you have the right to restriction inthe event that the data is no longer necessary for the purposes pursued byPlactron, but you require it for the assertion, exercise or defense of legalclaims, as well as if the successful exercise of an objection is still disputedbetween Plactron and you.

5. right to data portability

You have the right to obtain from Plactron the personal dataconcerning you that you have provided to Plactron in a structured, commonlyused, machine-readable format in accordance with Art. 20 DSGVO.

6. right of revocation for data processing based onyour consent

You have the rightto revoke your consent to data processing at any time. However, the revocationof consent does not affect the lawfulness of the processing carried out on thebasis of the consent until the revocation (no revocation for the past).

To exercise yourright of withdrawal, please contact us by e-mail at: datenschutz@plactron.com

7. right to object in case of data processing basedon legitimate interests

You have the rightto object at any time, on grounds relating to your particular situation, to theprocessing of personal data concerning you which is carried out, inter alia, onthe basis of Article 6(1)(f) DSGVO, in accordance with Article 21 DSGVO.  Plactron will stop processing your personaldata, unless Plactron can demonstrate compelling legitimate grounds for theprocessing which override your interests, rights and freedoms, or if theprocessing serves the purpose of asserting, exercising or defending legalclaims. In the case of direct marketing, you may exercise your right to objectwithout giving any reasons.

To exercise yourright to object, please contact us by e-mail at: datenschutz@plactron.com

8. right of appeal

If you are of the opinion that processing is taking place onour website, in our Plactron App and/or Plactron Artist Platform that isquestionable under data protection law, you can also contact the supervisoryauthority responsible for you or for us (our company's registered office is inMunich, Bavaria) for data protection.

You can find out which supervisory authority is responsiblefor you on the website of the Federal Commissioner for Data Protection andFreedom of Information at the following link:

https://www.bfdi.bund.de/[...]/SupervisorsNonOeffArea_list.html

VII. How best to contact us with questions aboutdata protection in the platform

If you have any questions or commentsregarding the handling of your personal data or if you wish to exercise yourrights as a data subject under the GDPR, please contact Plactron at the following contact details: datenschutz@plactron.com

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