DUDU TASSA, JONNY GREENWOOD AND BMG UK ‘JARAK QARIBAK’ MESSAGEBOARD PRIVACY POLICY

Protecting our users’ personal data is an important concern for BMG Rights Management (UK) Limited (“BMG” / “we” / “us” / “our”).

This Privacy Policy relates to the website/submission form at message.jarakqaribak.com and/or any of our other related online or mobile products, content and services, such as such as websites, widgets and applications (collectively, the “Site”).

We explain below how and why we and our third-party service providers process personal data in connection with your use of the Site.

The “Jarak Qaribak” messageboard (in connection with Dudu Tassa and Jonny Greenwood) is our campaign intended to encourage fans to share their personal message friendship through the Site and other media (please see in particular sections 1. Collection And Processing Of Personal Data and 2. Use of Personal Information below for details on how we may use any personal information that you submit to us).

This Privacy Policy refers to our Terms & Conditions which also apply to your use of the Site.

If you have any questions about this Privacy Policy, please contact us: data-protection@bmg.com.

Click on the links below to go straight to more information on each area:

COLLECTION AND PROCESSING OF PERSONAL DATA
USE OF PERSONAL INFORMATION
NEWSLETTER
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES AND OUR AFFILIATES
TRANSFER OF DATA TO OUTSIDE THE EEA
THIRD-PARTY LINKS
INFORMATION SECURITY
DATA RETENTION
YOUR RIGHTS
COOKIES
CHANGES TO OUR PRIVACY & COOKIES POLICY
CONTACT US

COLLECTION AND PROCESSING OF PERSONAL DATA wp:list {“ordered”:true} –>
1. We and our third-party service providers may collect and process personal data, i.e., information that identifies, or makes it possible to identify, you as a natural person (e.g. your name, address, e-mail address or IP-address) when you participate in various opportunities and services provided through the Site (the “Service Data”).
2. Service Data also includes any content and information that you submit to us via the Site, including your name, email address, text, images, videos and any URLs (such content submitted via the Site being, collectively, the “Content”).
3. “Processing” means any operation which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation, retrieval, any kind of disclosure, erasure or destruction or other use. We process personal data, such as when you:
  
  a) Actively communicate with us;
  b) Subscribe to services (e.g. newsletters/artist information bulletins or other communications) that we may provide through the Site;
  c) Take part in a contest, promotion, survey or other type of promotion through the Site or through any linked social media;
  d) submit your Content to us via the Site; and/or
  e) Contribute to a blog or forum.
  
  This may include your name, postal address, e-mail address, telephone number, age or date of birth.
4. Furthermore, on each of your visits to the Site, we collect the following “Technical Data” transmitted by your browser to our Site:
  
  a) Your type of browser and type of operating system;
  b) The internet protocol (“IP”) address allocated to your internet access when you were visiting the Site;
  c) The URL of the internet page from which you arrived at the Site;
  d) The date and time when you accessed, clicked through and left the Site;
  e) The amount of data transmitted; and/or
  
  The searches you made and the pages you accessed on the Site.
5. All such personal information is collected, stored and processed by us, affiliated BMG companies and our third-party service providers for the purposes set out in section 2 below.
USE OF PERSONAL INFORMATION
1. We, our affiliated companies and our third-party service providers may use your personal information as described in section 1 for the following purposes;
  
  Content submitted to us via the Site
  
  The purposes for which we may use this Content (in accordance with our Terms & Conditions) include:
  
  a) Considering your Content to be used in connection with our “Jarak Qaribak” messageboard campaign (related to Dudu Tassa and Jonny Greenwood), and at our discretion, using the Content on the Site, or on other websites and/or social media accounts operated by us and/or our affiliates or licensees;
  
  b) Any other uses of your Content we may require via any and all means and media, whether existing now or invented in the future, worldwide, in perpetuity, in connection with our “Jarak Qaribak” messageboard campaign (related to Dudu Tassa and Jonny Greenwood) (including the campaign’s publicity, advertising, marketing and promotion and/or any Content) (all such use being at our absolute discretion); and/or
  
  c) For communicating with you in connection with the above purposes.
  
  The above processing activities are based on the consent (Art. 6 sec. 1 lit. a GDPR) you gave when you submitted your Content to us via the Site.
  
  You can withdraw your consent at any time by contacting us: data-protection@bmg.com. Please note that such withdrawal will only be effective for future processing of data, and will not affect the lawfulness of any processing carried out by us before you withdraw your consent.
  
  Other Service Data
  
  The purposes for which we may use other Service Data include:
  
  a) To provide access to our Site and services;
  
  b) To provide assessment and analysis (e.g. customer, promotional and market analysis) to enable us to review, develop and improve the services and products that we offer;
  
  c) To monitor customer traffic patterns and Site usage to help us enhance your enjoyment during the online experience (for further information on the use of data for web analytics and marketing purposes, please refer to our Cookies Policy);
  
  d) To respond to your enquiries and fulfil your requests (e.g. to send you newsletters or to provide you with information about our products, content and services);
  
  e) If you have consented to our doing so, to provide you, or to permit selected third parties to provide you, with information about products that we believe may interest you;
  
  f) To notify you about changes to the Site terms, conditions and policies; and/or
  
  g) To allow you to take part in contests or similar promotions and to administer those activities (which may contain additional requirements and information about how we or our third-party service providers may use your personal information).
2. The above processing activities are based on Article 6 sec. 1 lit. f GDPR. It represents our legitimate interests to improve your website experience and to optimise our services and products and to use our Site for marketing purposes. It is in our mutual legitimate interest to respond to your enquiries and requests. If you subscribed to our newsletter, any processing related to sending you newsletters or to provide you with information about our products is based on the consent (Art. 6 sec. 1 lit. a GDPR) you gave separately when subscribing to the newsletter. You can withdraw your consent at any time by clicking on the link provided in each of our newsletters. Such withdrawal will only be effective for future processing of data.
3. We process your personal data where necessary: (i) under any applicable laws or regulations of any jurisdiction of the EU or any member state for any purposes required under those laws or regulations (Art. 6 sec. 1 lit. c GDPR); (ii) to enforce or apply our Site’s terms and conditions or other contracts (Art. 6 sec. 1 lit. f GDPR); and/or (iii) to protect our, our users’ or any third parties’ rights, property or safety (Art. 6 sec. 1 lit. d and f GDPR).
NEWSLETTER

For further details on how we store your personal information when you subscribe to our newsletter, please refer to section C of the standard privacy policy on the Site.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES AND OUR AFFILIATES
1. We may share your personal information as far as it is required for the above mentioned purposes from time to time with:
  
  a) The general public, to the extent that you submit Content to us and such Content is used, distributed and/or made available on the Site, other websites, social media and/or via any other means and media (including in the context of and their exploitation), in accordance always with the Terms & Conditions;
  
  b) Third parties who may be involved in the marketing or promotion of the with our “Jarak Qaribak” messageboard campaign (related to Dudu Tassa and Jonny Greenwood) and/or and/or any Content (including the campaign’s publicity, marketing and promotion);
  
  c) Any member of BMG’s group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries) so that such third party may process your personal information in any way in which we are permitted to process your personal information under this Privacy Policy; and/or
  
  d) Any of the following third parties:
  - Our third-party service providers who provide us with Site-related services (such as hosting, data analysis (including web-tracking services), search engines, payment processing, order fulfilment, IT services, e-mail delivery, auditing and other similar services) to enable them to provide such services and/or to assist us in improving and optimising the Site. Any of these third-party service providers is bound by a Data Processing Agreement to ensure compliance with applicable privacy legislation;
  - Any Artist connected at any time with the Site (including individual band members, if applicable) and such Artist’s representatives and third-party service providers so that, provided you have consented to their doing so separately, such Artist and those representatives and third-party service providers may use such information to send you communications (including marketing communications) that they believe may be of interest to you;
  - Any third party that sponsors or provides (in whole or in part) a contest or similar promotion through the Site for all purposes in connection with such contest or promotion, provided you have consented separately when taking part in the contest or promotion; and/or
  - Any third party with whom you can communicate on or through the Site (e.g. via message boards, chats, profile pages, blogs and other services to which you are able to post information and materials), but only to the extent that your personal information is included by you in such communication.
2. As far as transfer to above mentioned recipients is required for any of the purposes mentioned in section 2, the transfer of data is based on our legitimate interests as specified in section 2 or your consent. This includes our interest to host the Site for informational and marketing purposes and to improve our services and products.
3. We disclose your personal data to any person where necessary: (i) under any applicable laws or regulations of any jurisdiction of the EU or any member state for any purposes required by such person under those laws or regulations (Art. 6 sec. 1 lit. c GDPR); (ii) to enforce or apply our Site’s terms and conditions or other contracts (Art. 6 sec. 1 lit. f GDPR); and/or (iii) to protect our, our users’ or any other third parties’ rights, property or safety (Art. 6 sec. 1 lit. d and f GDPR).
4. We anonymise your personal data, as it is in our legitimate interest to use aggregated, non-personal information to analyse our target audience and web traffic. We may publish, or share with affiliates and/or business partners, aggregated non-personal data, which will not identify you individually.
TRANSFER OF DATA TO OUTSIDE THE EEA

The information we collect from you may be transferred to, processed and stored at a destination outside the European Economic Area (“EEA”), e.g. when we transfer data to third parties or members of BMG’s group of companies. The recipients outside the EEA are either Privacy Shield Certified or bound by Standard Contractual Clauses of the EU Commission for the protection of personal data, or they are located in countries in regard to which the EU Commission issued an adequacy decision according to Art. 45 GDPR.
THIRD-PARTY LINKS

The Site may contain links to other sites not owned or controlled by us. We are not responsible for the content of any such site, the site operator’s privacy policy or how the site operator treats information (personal or otherwise) obtained from users of the site. We advise you to check the site’s privacy policy to satisfy yourself as to how the site operator will treat any such information.
INFORMATION SECURITY
1. We take reasonable precautions to protect against the loss, misuse or alteration or your personal information and to ensure that it will be processed in accordance with this Privacy Policy.
2. Unfortunately, the transmission of information via online or mobile networks is not completely secure. You acknowledge and accept that others may intercept personal information you provide to us, and that any such transmission is at your own risk. Once we have received your information, we use set procedures and security features to try to prevent unauthorised access.
DATA RETENTION

We strive to keep our processing activities with respect to your personal data as limited as possible. Personal data provided by you upon using our services (Service Data as described in section 1) will be retained only for as long as we need it to fulfil the purpose for which we have collected it or as long as required by statutory retention requirements. Technical Data (as described in section 1) will be retained only as long as it is necessary to provide access to our Site. The IP address will be retained for 7 days to enable us to engage in effective defence against attacks on our Site, i.e., DDOS attacks. However, we may retain Technical Data as long as certain marketing purposes require. In no event will we retain your Technical Data longer than 35 days, provided storage of data is not required by statutory retention requirements, as may be the case regarding data that is relevant for obligations under tax and commercial law.
YOUR RIGHTS
1. Right of access (Art. 15 GDPR): You have the right to information regarding the data we process concerning you. Upon request we will provide you a copy of the data together with additional information to the extent defined in Art. 15 GDPR.
2. Right to rectification (Art. 16 GDPR): You have the right to rectification of your data, wherever such data is incorrect or incomplete.
3. Right to erasure (Art. 17 GDPR): You have a right to erasure regarding data that is no longer required for the original purposes or that is processed unlawfully, as described in Art. 17 GDPR. Wherever certain data is subject to retention periods, instead of deleting the data, we will restrict processing to the duration and intended purposes of such period.
4. Right to restriction of processing (Art. 18 GDPR): Upon your request, we will restrict processing of personal data according to Art. 18 GDPR wherever there are uncertainties regarding our right to process such data or while a decision regarding your objection to such processing is pending. In such cases we will only retain data and restrict any processing to the minimal extent necessary and withdraw access to your data from our employees.
5. Right to data portability (Art. 20 GDPR): Upon your request we will transfer any personal data you have provided to us during the use of our services on the basis of consent or any contractual or pre-contractual relationship to you or any third party, provided secure communication with the third party is technically feasible.
6. Right to object to processing based on Art. 6 sec. 1 lit. f GDPR (Art. 21 GDPR): Upon your objection we will cease any processing of your personal data based on Art. 6 sec. 1 lit. f GDPR. Wherever we have compelling legitimate grounds to process your data, we are allowed to further process such data, provided our interest in doing so prevails in a weighting against your interest against the processing activity. Therefore, to allow us to evaluate your request, please let us know the reason for your objection.
7. Wherever you gave consent to data processing, in accordance with Art. 7(2) GDPR, you have the right to withdraw your consent to us at any time. As a result, we will not continue processing data based on this consent in the future. The withdrawal of consent does not affect the legality of the processing carried out based on the consent until the withdrawal.
8. Furthermore you have the right to lodge a complaint with a data privacy supervisory authorities.
COOKIES

A “cookie” is a small text file deposited on your device’s hard drive when you access a website. We may use cookies to monitor your use of the Site and to customise your experience on it. For further details, please refer to our Cookies Policy.
CHANGES TO OUR PRIVACY POLICY

Any changes to our Privacy Policy in the future will be posted on the Site and, where we consider it appropriate, notified to you by e-mail. Please check back frequently to see any changes to our Privacy Policy. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed as your acceptance of those changes.
CONTACT US
1. Questions, comments and requests regarding this Privacy Policy are welcome and should be addressed to our data protection team or directly to our data protection officer.
2. The contact details for both are:
  - E-mail: data-protection@bmg.com
  - Post: BMG Rights Management GmbH, Data Protection Department, Charlottenstraße 59, 10117 Berlin, Germany

Last modified: 21 September 2022