PRIVACY POLICY

1. This Privacy Policy governs the processing of your Personal data by Rights’Up as part of your visit to our website www.eddy.com (hereinafter the “Website”), the use of EDDY’s platform and services, your communication with us via e-mail, telephone, fax and social media channels (such as Facebook, LinkedIn, Twitter, Pinterest and Google+). The purpose of this Privacy Policy is thus to explain how Rights’Up uses your information in order to develop a qualitative product and service and to provide you with a great user experience.

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”).

If you want information on how we process personal data via cookies, please see our Cookie Policy.

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 privacy@rightsup.com .

We reserve the right to from time to time modify this Privacy Policy at our own discretion. Such modification will be communicated via the Website. If you do not accept the modifications, you have to inform us by sending an e-mail to privacy@rightsup.com. If we do not receive such an e-mail from you within three (3) business days after the modifications to the Privacy Policy have been announced on the Website, you will be deemed to have accepted all modifications.

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 as 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.

B) Rights’Up as Controller

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:

1. Technical information associated with the device you use, such as your internet protocol (IP) address, browser type, geographical location and operating system;
2. Information concerning your use of EDDY, your browsing behaviour, such as how long you visit, which links you click on, which pages you visit and how many times you visit a page of the Website.
3. The basic identity and invoicing information that you provide us with (name, e-mail address, postal address, telephone number, country, banking number, social security number etc.) as also your contractual information with us;
4. The content of your communication or enquiry and the technical details of the communication itself; Your preferences with regard to the communication medium used; Publicly available information of your profile on social media channels; Any other personal data you choose to provide to us.
5. We receive all personal data mentioned above directly from you. It may happen that we receive additional information about your preferences and surfing behaviour from partners such as Google. If you require more information about the Personal data these parties process about you and make available to others, you are kindly requested to consult their respective privacy policies.

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:

1. To provide you the EDDY services and to allow us to invoice those services;
2. For marketing purposes, i.e. to provide you with our targeted communications, promotions, offerings and other advertisements. Unless you are an existing customer who has already purchased similar goods or services from us and who we wish to target with our own marketing material, we will only send you communications, promotions, offerings, newsletters and other advertisements via e-mail or other person-to-person electronic communication channels if you explicitly consented to receiving such communications, promotions, offerings, newsletters and other advertisements.
3. We process your personal data to perform statistical analyses so that we may improve our Website, our platform, advertisement, products and services or to develop new products and services. Generally, to provide you with enhanced and / or additional features.
4. For the preservation of our legitimate interests or of our partners or a third party if your use of registration with the Website, social media channels or other communication channels can be considered (a) a violation of any applicable terms of use of the Website or the intellectual property rights or any other right of a third party, (b) a danger or threat to the security or integrity of our Website, social media channels or other communication channels or our or any of our affiliates’ subcontractors’ underlying IT systems due to viruses, Trojan horses, spyware, malware or any other form of malicious code, or (d) in any way hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way inappropriate or illegal.

d) The legal basis for Processing your Personal data:

1. If your Personal data is processed for the purpose outlined in Article 2, B, c, (1) and in order to take steps prior to entering into a contract with us, we base the processing of your Personal data on the necessity for the performance of that contract, or in the process of entering into that contract.
2. The processing of your Personal data for the purpose outlined in 2, B, c, (2) is based on your consent.
3. For the purposes mentioned in 2, B, c, (1), (3) et (4), the processing of your Personal data is necessary for purposes of our legitimate interests, such as: continuous improvements of our Website, platform, social media channels, products and services to ensure that you have the best experience possible; keeping our Website, platform, social media channels, products and services safe from misuse and illegal activity; marketing and promotion of our products, services, brands and overall successful commercialization of our products and services.

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.

5. We may share your Personal data with other entities within the Rights’Up Group. However, we ensure that all companies of the group will take due care that all processing of your Personal data is in line with what is set out in this Privacy Policy.

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:

1. You have the right to request access to all Personal data pertaining to you that we process. We reserve the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to us. Each request has to specify for which processing activity you wish to exercise your right of access and which data categories you wish to gain access to.
2. You have the right to ask that any Personal data pertaining to you that are inaccurate, are corrected free of charge. If you submit a request for correction, your request has to be accompanied of proof by the flawed nature of the data for which correction is asked.
3. You have the right to withdraw your earlier given consent for the processing of your Personal data.
4. You have the right to request that Personal data pertaining to you be deleted if these data are no longer required in the light of the purposes outlined above or if you withdraw your consent for processing the data. However, we will evaluate a request for deletion against:
   1. Overriding interests of Rights’Up or any third party;
   2. Legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.
5. Instead of deletion you can also ask that we limit the processing of your Personal data if (a) you contest the accuracy of the data, (b) the processing is illegitimate, or (c) the data are no longer needed for the purposes mentioned above.
6. You have the right to oppose to the processing of Personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. If the intended processing qualifies as direct marketing, you have the right to oppose to such processing free of charge and without justification.
7. You have the right to receive from us in a structured, commonly-used and machine-readable format all Personal data which you have provided to us.
8. If you wish to submit a request to exercise one or more of the rights mentioned above, you can send an e-mail to privacy@rightsup.com. An email requesting to exercise a right will not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request has to clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If you use the contact form on the Website, we may ask you for your signed confirmation and proof of identity. We will promptly inform you of having received this request. If the request proves valid, we will honour it as soon as reasonably possible and at the latest within thirty (30) days after having received the request. If you have any complaint regarding our processing of your personal data, please feel free to contact us via email at privacy@rightsup.com. Should you remain unsatisfied with our response, you have the right to file a complaint with the competent data protection authority.

7. All contracts with us and this Privacy Policy are subject to Belgian law. All Disputes arising between the Parties shall be, in the absence of amicable settlement, settled by the competent courts in Brussels (Belgium).