At BeMusical we're strongly committed to safeguard the privacy of our users and site visitors.
This policy applies where we are acting as a data controller with respect to the personal data (in accordance with Article 4 (1) GDPR) collected of our Website visitors and customers whenever and where we determine the purposes and means of the storing and/or processing of that personal data to be collected.
In this policy “we”, “us” and “our/s” refers to BeMusical.
1. HOW WE USE YOUR PERSONAL DATA
The storing and/or processing of data through our website and for the purpose of providing our Services, are based on our legitimate interest (in accordance with Article 6(1)(f) GDPR) to monitor and improve both our web-app itself and our customer’s experience associated with it. With respect thereto, we may store and/ or process personal data following the provisions of Article. 13(1) GDPR:
We may store and/ or collect the following data from both musicians and registered clients, as well as from our general site visitors:
(1) Data about your use of our site and our products, as well as about our services provided with respect thereto ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, length of visit, and website navigation paths, as well as information about the timing, and frequency. The source of the usage data is our analytics tracking system provided by Google Analytics. This usage data may be stored and/or processed for the purposes of analyzing the use of the site and its services;
(2) Data that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be stored and/ or processed for the purposes of sending you the relevant notifications and/or newsletters;
(3) Information contained in an enquiry you submit to us regarding our services or products ("enquiry data"). The enquiry data may be stored and/ or processed for the purposes of offering products, and/ or certain Services related to these products, as well as to perform marketing;
We may store and/ or collect following additional data from our registered clients and musicians:
(4) Data that relate to your person and that you provide to us through your proactive act of submitting such data to our database ("account data"). Account data may be stored and/ or used for the purposes of identifying you and advertising you as a musician in order for you to get paid performances and exposure. This data may include your name, email address, bio, the address of your business if you act as a company, or the locations where you render services, your phone number, professional qualifications, pictures, public URL’s of your music on Spotify or Soundcloud, your current repertoire, your Instagram public content and your username, public URL’s of your videos on Vimeo or Youtube, your general availability, as well as buffer times and travel distance you are available to take on. If you log in to your account via LinkedIn or Facebook, we may collect and/ or store your name, picture, position, occupation and public URL’s to your LinkedIn or Facebook Profile.
(5) We may collect but do not store data relating to a financial transaction you made with respect to our services (“transaction data”). This data may include credit or debit card information, bank account details, the last four digits of your social security number, amounts paid through our marketplace, as well as the actual transaction data including potential refunds. The transaction data may be collected for the purpose of verifying the transaction has gone through without any problems.
We do not store and or process any other person’s personal data and will never ask for it over the phone or through SMS and thus ask you not to provide such data unless and until we prompt you to do so through your secured BeMusical account.
2. PROVIDING PERSONAL DATA TO OTHERS
We may disclose your personal data to external third-parties such as payment providers or other administrative service providers. Payments to us are made through external providers and your data is submitted to the external provider through your proactive act of submitting the data to the payment providers data base. In no circumstance do we store such data. We are thus neither responsible for collecting and/ or storing of personal data through a payment provider or any other administrative service provider. For the Privacy Policies of our Payment Providers, please find the Privacy Policies of Stripe and of Plaid.
We may disclose any of the above-mentioned data to any member of our company in accordance with Article 13(1)(e) GDPR insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. We may disclose any of the above-mentioned data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
In addition to the disclosure of data set out herein, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your interests as a natural person or the interests of another natural person. We may also disclose your personal data where such disclosure is necessary with respect to litigation whether in court proceedings or in an administrative or out-of-court procedure.
In any event, in which personal is disclosed, we guarantee to follow all provisions made under Articles 13(1)(e) and 14(1)(e) GDPR.
3. RETAINING AND DELETING OF PERSONAL DATA
All personal data that we store and/ or process for any purpose or purposes mentioned herein shall not be kept for longer than is necessary for that or those purposes.
Your personal data will be retained for a minimum period of 24 months following the date at which you first browsed around on our website (usage data), or at which you submitted an enquiry to us (enquiry data), signed up for a newsletter, or gave your consent to receiving notifications (notification data), made a purchase (transaction data), or proactively submitted your data to our database(account data).
Irrespectively of the period of the periods mentioned above, we recognize that in certain cases (such as in the event of i.e. disclosure due to litigation) it is not possible for us to specify in advance the periods for which your personal data will be retained.
4. INTERNATIONAL DATA TRANSFERS, STORING AND/ OR PROCESSING
Here at BeMusical, your data will not currently be transferred to, stored and/ or processed outside of the United States of America. With respect to the United States, the European Commission has made a so called “adequacy decision” which considers the protection standards of the specific country as adequately sufficient
5. YOUR RIGHTS
You may at any given point in time instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the supply of appropriate and sufficient evidence of your identity. As sufficient and appropriate evidence, we accept a copy of your drivers license, or your passport, accompanied by a utility bill stating your current address of residence.
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes. You agree to the use of your personal information for marketing purposes when you signup and verify your soloist, ensemble or composer account.
Your principal rights under data protection law shall remain unaffected by the provisions contained herein. With respect thereto, your principal rights are the following:
(a) the right to access your personal data according to Article 15 GDPR;
(b) the right to rectification of any inaccurate or incomplete personal data about you following Article 16 GDPR;
(c) the right to erasure without undue delay if the data stored and/ or processed is no longer required to be stored and/ or processed given that the purpose as to which the data was stored and/ or processed in the first place is omitted, unless the data to be erased is subject to exclusions of the right to erasure under Article 17 GDPR, and in accordance with Articles 13(2)(b), 14(2)(c) and 15(1)(e) GDPR;
(d) the right to restrict processing in accordance with Article 18(1) GDPR if i.e. the processing of the personal data is unlawful, but the provision of erasure does not apply, or i.e. if the purpose of storing and/ or processing ceased to apply but means of litigation require the data to be stored and/ or processed;
(e) the right to object to processing personal data for marketing purposes and/ or scientific research under Article 21 GDPR read in conjunction with Articles 21(4), 13(2)(b) and 14(2)(c) of the GDPR;
(f) the right to data portability if and unless this right interferes with any rights of third parties set forth in Article 20 GDPR, read in conjunction with Articles 13(2)(b), 14(2)(c);
(g) the right to complain to a supervisory authority if you experience an infringement of data protection laws and you have the legal right to file a complaint with a supervisory authority following Article 77 GDPR, read in conjunction with Articles 13(2)(d), 14(2)(e) and 15(1)(f); and
(h) the right to withdraw consent according to Article 7(3) GDPR, read in conjunction with Articles 13(2)(c), 14(2)(d) and 17(1)(b).
You may exercise any, or all of these rights with respect to the storing and/ or processing of your personal data by sending an email to email@example.com.
7. ADVERTS AND SPONSORED LINKS
We do not display any sponsored links and adverts typically served through advertising partners. With respect thereto, we want to make clear that we neither sell nor share data for the purpose of serving ads.
8. SOCIAL MEDIA PLATFORMS
On our website, we may use social media sharing buttons which help share web content directly from web pages to a social media platform. Whenever you use a social sharing button, be advised that you do so on your own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
We may share web links to relevant web pages through our social media accounts. By default, some social media platforms shorten lengthy URL’s (web addresses). Users are advised to take caution and good judgement before clicking any shortened URL’s published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URL’s are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
9. CONTACT AND COMMUNICATION
You can contact us either via Email at firstname.lastname@example.org , via Phone on (415)890-5440 or through our Live chat on our website. If you wish to contact us, please keep in mind that you do so at your own discretion and that you provide any personal details requested at your own risk. Your personal information is kept private and stored securely until it is no longer required by law or due to ceasing of purpose. We use any information submitted to provide you with further information about the Services/products we offer or to assist you in answering any questions or queries you may have.
We may update this policy from time to time whenever legal alterations are coming into effect. We therefore encourage you to check this page occasionally to ensure you are happy with any changes to this policy. However, we may notify you of changes to this policy either by means of email or through the private messaging system on our website.