· Registration and Account Information: In order to access and use certain content, features and functionality of the Services, whether as a Fan, an Artist or a Venue, we require that you create an account and provide and/or make available (e.g., via third party services) to us certain Personal Data such as your email address, your name, and location. In addition to these three mandatory fields, we request access to your contacts stored within your Device to help you find your friends on the Services and access to your music library on your Device to help you find the music you love. If you do not use your email to register, you may register to use our services via Facebook or Spotify connect. The Personal Data we collect from these thirds parties during registration includes your profile picture and age range in order to generate your user profile. We also collect information on artists you follow in order to track them on the Services. In addition to these required information, we ask for secondary information in order to personalize your experience. These optional fields are date of birth and contacts. We collect only the Personal Data necessary to provide the Services and to provide you with a more customized and relevant experience. If you’d like to utilize the Services for purchasing tickets, you may then be asked to provide your credit card information. When purchasing tickets you will be pushed to a third-party website that allows you enter your credit card and billing information and complete the ticketing transaction. We do not keep or process your credit card or billing information. Once you provide us with this information mentioned above, we offer you our additional Services such as RSVPing, liking or tracking your favorite bands, using the ticket concierge, or exploring artists similar to your favorite bands, receiving alerts for concerts in your area, etc.
· Location Information: In order to provide you with information about concerts or promotions in your area, we ask your permission to collect location-based information from you or your Device, including your IP address, city, country, zip code, region, radius, time zone, GPS-based location information, and longitude/latitude. Your location is used to personalize the content you see within the Services. We may also collect other information based on your location and your Device’s proximity to “beacons” and other similar proximity systems, including, for example, the strength of the signal between the “beacon” and your Device and the duration that your Device is near the “beacon”. The type of location data we collect depends on a number of factors, including the type of Device you are using (e.g., laptop, smartphone, tablet) and the type of connection enabled on your Device (e.g., WiFi, Bluetooth, broadband cable). If you agree to allow access to your location, you agree that we and our service providers may collect such location-based information from your Device. Under your express consent, we may use and share that location-based information with third parties to deliver, market and promote the content, services, features, products and advertising (and/or to verify your rights to receive such content, services, features and/or products) that are available through the Services. If you no longer wish to have this location information collected and used by us, you may “opt-out” by disabling the location and Bluetooth features in the operating system of your Device and/or in the Clubfilter App.
· Music DNA: When you create an account, we will ask to scan the music library on your device, your social media accounts, and music subscription services in order to create a unique “music DNA”, which is your digital identity based on your music tastes. We will develop and refine your music DNA based on Artists you like while using the Services, Artists’ pages you follow and events you state you are attending. We will make additional music suggestions based on your music DNA. Under your express consent, we will also use your Music DNA to provide relevant promotional emails and other forms of advertising to you. If you limit our ability to scan your music library, social media or music services, we may not be able to offer you tailored music experiences and suggestions.
· Third Party Platform Information: If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials from third parties like Apple (iTunes, etc.), Facebook, Twitter, Spotify, Last.fm, and Pandora) and/or integrate your Clubfilter account with your Third Party Platform account, we may collect certain information about you from the Third Party Platform, such as your username, email address, music preferences and other information you provided to the Third Party Platform in connection with your account (name, country, date of birth, friend connections, user posts, profile picture, RSVPs, Artist and event page visits, credit card, Device ID and e-mail address). We use this information to further enhance your Clubfilter user profile and to inform your Music DNA within the Clubfilter system. We will use this Personal Data either where you have provided your consent to the Third party or to Clubfilter to that data sharing taking place or where Clubfilter has a legitimate interest to use the Personal Data in order to provide you with the Services. If you do not connect Clubfilter to a Third Party Platform, or otherwise disconnect your Clubfilter account from such Third Party Platform, that may limit our collection of certain Information about you, which may limit your ability to use certain features of the Services.
· Personal Data You Choose to Provide to Obtain Additional Services: We may collect Personal Data that you choose to provide to us when you elect to participate in optional Site-features or Services. For example, if you sign up to receive newsletters, marketing promotions or other communications regarding the Services, your favorite Artists and/or third-party products or services, participate in contests, surveys and other promotions related to the Services, we may collect your name, email address, mailing address, phone number and survey responses in order to provide the additional features or Services. We will make clear what information we may process as a result of your engagement with the optional Site-features or Services.
When you use or interact with the Services, we use a variety of technologies to process the Personal Data We collect about you for various reasons. We have set out in the table below the reasons why we process your Personal Data and the associated legal bases we rely upon to legally permit us to process your Personal data :
DESCRIPTION OF WHY CLUBFILTER PROCESSES YOUR PERSONAL DATA (‘PROCESSING PURPOSE’) | LEGAL BASIS FOR THE PROCESSING PURPOSE
. To respond to your request for information related to Services proposed by Clubfilter | Implementation of precontractual measures
. To provide any services or products that you request or purchase in connection with the Services | Performance of a contract
. To contact you regarding the administration of any features or functions of the Services | Performance of a contract
. To create your user account and benefit from the services offered by Clubfilter | Performance of a contract
. To send you commercial and promotional offers | *Express consent: This treatment is optional and applies only if you expressly agree to receive commercial offers from Clubfilter or its partners
. To display advertising and marketing information based on your use of the Services and other websites, services and platforms you have used or visited | **Express consent: This treatment is optional and applies only if you expressly agree
. To track your return visits and use of the Services in order to tailor your experience with the Services, customize what you see when you use the Services | **Express consent: This treatment is optional and applies only if you expressly agree
. To find and connect with your friends and tell them about your activities on Clubfilter (such as which concerts you have RSVP’d to) | *Express consent: This treatment is optional and applies only if you expressly agree
. To provide information and marketing materials about our other products and services and the products and services of unaffiliated businesses | *Express consent: This treatment is optional and applies only if you expressly agree to receive commercial offers from Clubfilter or its partners
. To provide personalized services offered by us on third-party websites and online services | *Express consent: This treatment is optional and applies only if you expressly agree
. To show your distance to the venues at which shows take pace, and deliver features, content, services and products available to you through the Services based on your location | Performance of a contract
. To enable you to connect with others who use our Services (e.g. your friends on Clubfilter with whom you want to share your activities on Clubfilter) | *Express consent: This treatment is optional and applies only if you expressly agree
. To provide you with advertising which is based on your specific location | *Express consent: This treatment is optional and applies only if you expressly agree
. To save your user account, registration and profile data or other Information, and save your credentials so you do not to have to re-enter such data each time you use the Services | Performance of a contract | Legitimate Interest
. To accumulate and report aggregate, statistical information in connection with the Services and user activity, or to provide reporting for internal and external clients, business partners, agents, Artists and their managers, etc.; | Legitimate Interest
. To determine which features and functionality of the Services users like best to help us operate the Services, enhance and improve the Services | Legitimate Interest
. To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance | Legitimate Interest
. To get to know our potential and existing users, clients and customers | Legitimate Interest
. To Manage your requests to exercise personal rights(right of access, rectification, deletion, opposition and portability) | Legal obligation
. To justify in case of litigation, compliance with our legal and regulatory obligations | Legal obligation
. To use our interactive Chat that creates incomparable fan to fan and fan to artist communication | Legitimate Interest
*You may, at any time and free of charge, withdraw your consent:
· By Clicking on the « unsubscribe » link included in each email we send you; and/or
· By Filling out our form Privacy Request.
**If you do not want Clubfilter or its partners to register certain cookies, you can inform us of your choices by configuring them in the Management Cookies Solution.
It is our ongoing effort to improve the Services and customize the user’s experience, whether as a Fan or an Artist. We take your privacy seriously and will not share your Personal Data with others except in the following circumstances:
· Our Group Entities: We may disclose your Personal Data to other group entities that are affiliates and/or subsidiaries or parents of Clubfilter in order to provide you with tailored products, services and communications or in accordance with our internal policies or administrative or business practices.
· Your Friends: We may disclose your Personal Data with your friends on Clubfilter if you tell us you want to share such information and your activities on Clubfilter, all in accordance with the preferences you set in your account.
· Artists and their Teams: If you elect to share your Personal Data, we may share your Personal Data with Artists, managers, representatives, agents, advertisers and other third parties in connection with the Manager/Analytics Services and other analytic tools or platforms we may offer.
· With Your Consent: We will obtain consent from you prior to enabling your use of any location-based services. If you reside in the EU, we will obtain consent from you prior to sharing your Personal Data with third parties for their marketing purposes if we are unable to rely on our legitimate interests in doing so.
· Corporate Transactions or Events: We may disclose your Personal Data in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Information may be disclosed or transferred as one of our business assets.
· To Fulfill Your Requests: If you elect to use certain authentication or sharing features available on the Sites or via the Services, we may use your Personal Data to fulfill your request to share content with or provide access to such third parties (e.g. Facebook, LinkedIn, or Twitter).
The GDPR and the CCPA give certain rights to individuals in relation to their Personal Data. As available and except as limited under applicable law, the rights afforded to individuals are:
· Right of Access: the right to be informed of and request access to the Personal Data we process about you;
· Right to Rectification: the right to request that we amend or update your Personal Data where it is inaccurate or incomplete;
· Right to Erasure: the right to request that we delete your Personal Data;
· Right to Restrict: the right to request that we temporarily or permanently stop processing all or some of your Personal Data;
· Right to Object:
o the right, at any time, to object to us processing your Personal Data on grounds relating to your particular situation;
o the right to object to your Personal Data being processed for direct marketing purposes;
· Right to Data Portability: the right to request a copy of your Personal Data in electronic format and the right to transmit that Personal Data for use in another party’s service; and
· Right not to be subject to Automated Decision-making: the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how Clubfilter uses your personal data, you can fill out our form: Privacy Request
Clubfilter reserves the right to require payment of « reasonable fees » related to administrative costs incurred in providing information if your request is manifestly unfounded or excessive. If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection at no cost. The electronic marketing messages you receive from Clubfilter (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). At times, you may be presented with the option to “opt-in” to receiving certain push notifications, marketing and promotional communications or other information from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe or “opt-out” by following the specific instructions included in such communications or by adjusting your Clubfilter App settings in your Device. The Clubfilter App and the operating system settings in your Device will also present you with the option to disable certain features which allow it to collect and use certain Information from your Device, including location-based information. If you do not wish to have location-based information collected and used by our service providers and us, you may opt out by disabling the location features on your Device. Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features and/or products made available via the Clubfilter App.
If you have any questions about your privacy, your rights, or how to exercise them, please click to the following link: Privacy Request
To protect your privacy and ensure your security, we will also take reasonable measures to verify your identity before allowing you to access, correct, change, or delete your personal information. Any request may therefore need to be accompanied by a copy of your identity card. We will strive to respond to your requests within the time limits required by the “GDPR”. If you are unhappy with the way we are using your Personal Data you can also contact and are free to lodge a claim with your local Data Protection Authority.
6. Opting Out of Use of Certain Information That May be Collected by Tracking Technologies
7. Personal Data retention and deletion
We keep your Personal Data only as long as necessary to provide you with the Services and for legitimate and essential business purposes, such as maintaining the performance of the Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your Personal Data for as long as you are a user of the Services.
Your data used for marketing activities are preserved until you request they be limited or deleted, and after a limit of three years from the time of their collection by Clubfilter or of the last contact entered into with Clubfilter. At the end of this period, the data will be destroyed in accordance with the measures prescribed by the legislation in force.
Data making it possible to trace the collection of your consent are stored by Clubfilter for a maximum period of 5 years in order to, if necessary, provide evidence of your consent.
Some Personal Data may be kept for a longer period of time for the management of claims and/or litigation and to meet our legal and regulatory obligations, or to respond to requests from competent authorities. If you request, we will delete or anonymise your Personal Data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain Personal Data, including situations such as the following:
- Where we are required to retain the Personal Data for our legal, tax, audit, and accounting obligations, we will retain the necessary Personal Data for the period required by applicable law; and/or;
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our user.
We have put in place organizational and technical security measures to ensure the confidentiality and integrity of your Personal Data. These include administrative, organizational, technical and physical precautions designed to protect your Personal Data from loss, theft, unauthorized access, unauthorized transmission, modification, or destruction. In all cases, Clubfilter will take security measures appropriate to the nature of the data collected.
The collected data are stored in a confidential manner and protected at a very high level of security. The servers where these data are stored conform to security standards currently in force. They are protected against cyber-attacks and physical attacks.
Our Sites and Services are not directed to children under the age of 16. We do not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, you may not use the Services, including registering for or providing any information about yourself to or in connection with the Services, participating in any sweepstakes, contests, social networking features, posting, communications functionality or engaging in other activities that collect and/or permit you to enter information about yourself. If we obtain actual knowledge that we have collected Personal Data from someone under the age of 16, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected Personal Data from someone under the age of 16, please contact us by clicking to the following link: Privacy Request. For users in the United States, please also visit consumer.ftc.gov for information from the Federal Trade Commission about protecting children’s privacy online.
Under the GDPR, Data transfer is understood to mean “any communication, copy, or movement of Personal Data intended to be processed in a third country, or any data which a third party outside the European Union can access”. You are informed that your Personal Data are transferred to Clubfilter GmbH and its affiliates located in the United States so outside the European Union.
However, recently, the Court of Justice of the European Union (CJEU) issued a ruling regarding the EU-US Privacy Shield and Standard Contractual Clauses (SCCs), also known as model clauses. The CJEU ruled that the EU-US Privacy Shield is no longer valid for the transfer of personal data from the European Union (EU) to the United States (US). However, in the same ruling, the CJEU confirmed that companies can continue to use SCCs as a valid mechanism for transferring data outside of the EU.
Following this ruling, we wanted to inform you that users and partners of Clubfilter can continue to use Clubfilter to transfer their content from Europe to the US and other countries, in compliance with EU data protection laws – including the General Data Protection Regulation (GDPR). As the regulatory and legislative landscape evolves, we will always work to ensure that you can continue to enjoy the benefits of Clubfilter everywhere it operates.
If you have any inquiries or complaints about our privacy practices, please contact us at: email@example.com. We will respond to your inquiry promptly. Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Clubfilter Group, Inc.’s internal processes, Clubfilter Group, Inc. has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/. If neither Clubfilter nor VeraSafe resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, visit here.
You can review our Privacy Shield registration here. Clubfilter GMBH and its affiliated US entities are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Clubfilter may subcontract processing to, or share your Personal Data with, third parties located in countries other than your home country. Your Personal Data, therefore, may be subject to privacy laws that are different from those in your country of residence. Personal Data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union.
In the event your Personal Data are transferred to third parties located outside the European Union, Clubfilter guarantees:
• To have collected all necessary authorizations from the competent authority to carry out said transfer,
• That, whether the transfer is governed by the standard contractual clauses of the European Commission, by internal corporate rules (Binding Corporate Rules), or by ad hoc contractual clauses which the local Data Protection Authority has previously recognized, the rules guarantee a sufficient level of protection of the privacy and fundamental rights of individuals.
If you wish to gain more information about such transfers, please click to the following link: Privacy Request.
ix. [under the EU-U.S. Privacy Shield] the independent dispute resolution body designated to address complaints and provide appropriate recourse free of charge to the individual, and whether it is: (1) the panel established by DPAs, (2) an alternative dispute resolution provider based in the EU, or (3) an alternative dispute resolution provider based in the United States.
13. Your California Privacy Rights under CCPA
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Data by third parties for marketing purposes, your right of Access (the right to be informed of and request access to the Personal Data we process about you), your right to Erasure (the right to request that we delete your Personal Data). In order to enable you to exercise these rights, you can fill out our form Privacy Request.
Pursuant to the California Civil Code and the CCPA, we are not required to maintain or disclose a list of the third parties that received your Personal Data for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by filling out our form Privacy Request. All requests must be labeled “Your California Privacy Rights” on the form. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
14. Links to Third Party Platforms and Services
The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third Party Advertising Providers and Third Party Platforms. The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices or the content of such third-party services.
15. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Attention: Legal Department, DMCA Copyright
Email Address of Designated Agent: firstname.lastname@example.org
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Clubfilter by sending an email to email@example.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
16. Collection of your personal data via the interactive Chat
Clubfilter may offer you, via its websites and platforms, the use of an online interactive chat (« Chat ») that allows you to communicate with your favorite artists and with other fans.
No personal data should be communicated via this Chat, nor any sensitive data, such as information about your personal opinions and beliefs.
In particular, without this list being restrictive, you agree to respect the following rules:
By using the Chat, you consent directly to the use of the data transmitted by Clubfilter for the purposes of processing your request, automated responses and enriching the dialogue engine. These data are kept the time necessary before being subject to anonymization, irreversibly removing any identifying character of the said data.
• Contact details of Clubfilter
Data Protection Officer Email: firstname.lastname@example.org
The form: Privacy Request
Mail: Clubfilter, GmbH
Attention: Legal Department
• Contact details of Clubfilter' representative in the European Union
As part of its activity, Clubfilter collects through its Websites/ Mobile Applications personal data of users located in the European Union.
In compliance with article 27 of the GDPR, Clubfilter has designated a representative established in the European Union.
Clubfilter's representative's main mission is to facilitate the communication between data subjects and Clubfilter, in order to make the exercise of data subjects’ rights effective.
Moreover, the representative performs its tasks according to the mandate received from Clubfilter, including cooperating with the competent supervisory authorities with regard to any action taken to ensure compliance with the GDPR. In practice, this means that a supervisory authority would contact the representative in connection with any matter relating to the compliance obligations of Clubfilter, and the representative shall be able to facilitate any informational or procedural exchange between a requesting supervisory authority and Clubfilter.
Please find hereafter, the identity and the contact details of Clubfilter's representative:
Email : email@example.com
Address : 6, rue Halevy 75009 Paris France
11/10/2020, 8:27:36 PM