The definitions of “Controller”, “Processor”, “Data subject”, “Personal data”, “Processing” etc. are the same as in article 4 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 26 avril 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter “GDPR”).
Your personal data are processed by Rights’Up SA, rue de Genval 12, 1301 Bierges, with company number 0508.522.795, (hereinafter “Rights’Up”, “we”, “us”, “our”). You can contact us via e-mail at firstname.lastname@example.org .
2. By providing EDDY’s services to you, Rights’Up will be considered as responsible regarding the processing of your personal data/information (i.e. Controller) as well as your subcontractor (i.e. Processor).
a) Rights’Up, by making available to you EDDY’s software/platform and services, shall be considered as a Processor regarding the processing of your Personal data and this for the term of the Contract. We processes your Personal data only on your documented instructions and to provide you our services.
b) You warrant that all the data/information delivered to us and/or introduced on the EDDY platform/Site have been acquired and transferred to us according to the privacy regulations/laws which are applicable to you in that regard. The concerned data includes the invoicing and contractual data regarding your Contractual Partners, the data regarding your musical and audiovisual catalogues/repertoires and any other data/information in order to enable you to use all the functionalities of EDDY. The category of data subjects is thus your Contractual Partners as defined in the General Terms and Conditions.
c) We commit ourselves to the confidentiality regarding all your information.
d) If we want to engage another Processor for the Processing of all or part of you Personal Data, we shall inform you by writing in order to give you the opportunity to object within a reasonable time. We shall only use Processors providing sufficient guarantees to implement appropriate technical and organisational measures.
e) We make available to you all information necessary to demonstrate compliance with your obligations laid down in the GDPR regarding your contractual relation with us and allow and contribute to audits, including inspections, conducted by you and at your own costs/expenses. We also assist you if you have to carry out a data protection assessment for the part linked to the provision of EDDY’s services. Generally, we commit to help you, as much as possible for requests related to EDDY, in order to meet your legal obligations vis-à-vis your Contractual Partners.
f) We assist you, taking into account the nature of the processing, insofar as possible for the fulfillment of your obligations to respond to requests of exercising the data subject’s rights laid down in the GDPR.
g) At the end of the provision of EDDY’s services and at your choice: (1) we transfer you, in a structured, commonly-used and machine-readable format, all Personal data which you have provided to us; and or (2) we delete from our systems and files all your Personal data which are, at this end date, in our possession or control.
Regarding some aspects of EDDY, we shall determine ourself the means and purposes of the data Processing and will thus also be considered as Controller of the data Processing regarding those aspects. All the data/information collected by us are related to the provision of EDDY and its various features. Generally, we collects (1) the data it needs to enable you to use EDDY and (2) the data we may use to provide you with enhanced and / or additional features. We will also inform you about new products and services offered by Rights’Up.
a) We collect the following Personal Data:
b) For those artists/users who, at the time of registration, have approved (through the « Opt-In ») to be kept electronically informed of our commercial proposals, we will also process their Personal data that’s available in their user account to optimize our commercial offers made to them.
c) We process your Personal data:
d) The legal basis for Processing your Personal data:
e) We do our utmost best to process only those Personal data which are necessary to achieve the purposes mentioned above. Your Personal data are only processed for as long as needed to achieve the purposes mentioned above or up until such time where you withdraw your consent for processing them. Your withdrawal of consent may imply that you can no longer use the whole or part of our Website/platform. We will de-identify your Personal data when these data are no longer necessary for the purposes mentioned in above, unless there is: an overriding interest of Rights’Up or any third party in keeping the Personal data identifiable; a legal or regulatory obligation or a judicial or administrative order that prevents us from de-identifying them.
You understand that an essential aspect of our marketing efforts pertains to making our marketing materials more relevant to you. This means that we may use your Personal data to provide you with communications, promotions, offerings, newsletters and other advertisements about products and services that may interest you. If you are registered to receive communications, promotions, offerings, newsletter and other advertisements via e-mail or other person-to-person electronic communication channels, you can change your preferences for receiving such communications, promotions, offerings, newsletter and other advertisements by following the opt-out link provided in such communications.
3. We shall retain your data/information for the time necessary to fulfill our contractual and legal obligations (by consequence, at least until the expiry date of the prescription (i.e. time-limitation) regarding all contractual relationships between the Parties).
4. We will take appropriate technical and organizational measures to keep your Personal data safe from unauthorized access or theft as well as accidental loss tampering or destruction. Access by our personnel or of our third-party processors will only occur on a need-to-know basis and be subject to confidentiality obligations. You acknowledge, however, that safety and security are best-efforts obligations which can never be guaranteed.
We shall respect the confidentiality of your contractual and financial data relating to your Contractual Partners. We may however with your prior consent access you account, for e.g. the correction/repairing of a technical default regarding EDDY (or similar situation), teaching purposes etc. We warrant you that our concerned employees / technicians are covered by the same confidentiality obligations.
We do not send your Personal data in an identifiable manner to any other third party than the ones mentioned without your explicit consent to do so. However, we may send anonymized data to other organizations that may use those data for improving products and services as well as to tailor the marketing, displaying and selling of those goods and services.
We process your Personal data within the European Economic Area (EEA). However, in order to process your personal data for the purposes outlined above, we may also transfer your Personal data to other entities of the our group or to third parties which process on our behalf outside the EEA. Each entity outside the EEA that processes your Personal data will be bound to observe adequate safeguards with regard to the processing of your Personal data. Such safeguards will be the consequence of: the recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA; or a contractual arrangement between us and that entity.
We may transfer anonymized and/or aggregated data to organizations outside the EEA. If such transfer takes place, we will ensure that there are safeguards in place to ensure the safety and integrity of your data and all rights with respect to your Personal data that you enjoy under applicable mandatory law.
6. Your rights: