Last updated: December 16, 2020
Thank you for visiting downtownmusic.com (“Website”), which features information about the Downtown Music Holdings group of companies (our “Affiliates”).
This privacy and cookies policy (“Privacy Policy”), together with our Terms of Use (which can be found at https://www.downtownmusic.com) (“Terms of Use”), set out the basis on which any personal data we collect from you (“you”, “your”, or “user”), or that you provide to us, will be processed by us.
Please read the following information carefully to understand what data we collect, how that data is used and the ways it can be shared by us and you.
The data controller of your personal data in relation to this Website is Downtown Music LLC, a Delaware (U.S.) limited liability company, with a principal office address at: 155 Avenue of the Americas, 15th Floor, New York, NY 10013, U.S.A. (“Downtown Music Holdings”, “we,” “our,” or “us”)
IF YOU DO NOT WISH FOR YOUR PERSONAL DATA TO BE USED IN THE WAYS DESCRIBED WITHIN THIS PRIVACY POLICY THEN YOU MUST NOT ACCESS OR USE THE WEBSITE.
INFORMATION WE COLLECT ABOUT YOU
HOW WE USE YOUR PERSONAL DATA
LEGAL BASIS ON WHICH WE PROCESS YOUR PERSONAL DATA (EUROPEAN
ECONOMIC AREA (“EEA”) ONLY)
HOW WE SHARE YOUR PERSONAL DATA
WHERE WE STORE YOUR PERSONAL DATA
YOUR RIGHTS (EEA ONLY)
LINKS TO THIRD PARTY SITES
CHILDREN
SECURITY
COOKIES
CHANGES TO OUR PRIVACY POLICY
CONTACT US
This is information about you that you give us by:
filling in the ‘Contact’ form on the Website;
providing us with feedback about the Website or our Affiliates; or
corresponding with us through the Website, by phone, e-mail or otherwise.
signing up for a newsletter, email updates, webinar, or other events or materials.
This may include personal data such as your name, email address, postal address, and telephone number.
Each time you use the Website, we may automatically collect the following information, which may be considered to be personal data when combined with other information about you:
technical information, including the Internet protocol (IP) address used to connect your computer or device to the internet, browser type and version, time zone setting, browser plug-in types and versions, device type, operating system and platform; and
information about your visit, including the dates and times you use the Website, referring traffic length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, your geographical location when accessing the Website and any phone number used to call the contact phone number provided on our Website.
Such information may amount to personal data, particularly when it is combined with other data sets.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
We may use personal data held about you in the following ways:
We may use this information:
to respond to any inquiry you should make, which may include referring you to one or more of our Affiliates or to third parties;
to provide you with information about other products and services that we or our Affiliates offer;
to protect the security of and managing access to our premises, IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
to send you promotional correspondence or materials from us or our Affiliates, to enable you to participate in special events, contests or receive special offers;
for our recruitment;
to contact you, if necessary; and
for any other purposes related to and/or ancillary to any of the above, or any other purposes for which your personal data was provided to us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We will use this information:
to ensure that the Website operates effectively and for internal operations, including technical administration, troubleshooting, data analysis, testing, research, statistical and survey purposes;
to provide you with a better experience, to improve the quality, value, functionality and general user friendliness of the Website, and to analyse and understand how the Website is used;
as part of our efforts to keep the Website safe and secure; and
to serve you with information appropriate to your interests, including making suggestions and recommendations to you about services we and our Affiliates and carefully selected third parties may offer that may interest you; and
to serve any aspect of the Website to you according to your preferences or and location.
We will process your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interest means our interests in conducting and managing our business to enable us to give the best possible service to our clients and those of our Affiliates and the best and most secure experience on our Website.
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you.
We share your personal data with:
Any member of our Affiliate group, which means our subsidiaries, our ultimate parent entity, and its subsidiaries.
Our trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the Website, database storage and management, email marketing, and customer service, to the extent necessary to supply the Services to you.
Selected third parties, including analytics and search engine providers that assist us in the improvement and optimisation of the Website and our services.
Government and law enforcement officials and private parties, where necessary to comply with the law or enforce any legal rights. For example, we may disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
We will also disclose your personal data to third parties:
If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our users will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of us, our clients, or others.
With your express consent, WHICH WE WILL ALWAYS SEEK SEPARATELY, we may share information with unaffiliated third parties whose products or services we think may interest you. We may also occasionally share information with business partners in connection with special events, co-promotions, sweepstakes or contests on the Website.
We are currently headquartered in the United States of America (USA). If you are located in the EEA, this will involve transferring your personal data outside of the EEA. Many of our external third parties are based outside of the EEA, so their processing of your personal data will involve a transfer of data outside of the EEA.
Wherever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details see here.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EEA. For further details, see here.
Where we use providers based in the USA, we may transfer data to them if they are part of a recognized Privacy Shield or safe harbor which requires them to provide similar protection to personal data shared between the EEA and the USA.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
The Website may contain links to other websites operated by our Affiliates or by unaffiliated third parties. The fact that we link to an unaffiliated third party’s site is not an endorsement, authorization or representation of our affiliation with that third party. Other sites may place their own cookies or other files on your computer and collect or solicit both personal data and other information from you under rules different from this Privacy Policy. We do not control other sites and cannot be responsible for your experience once you leave our Website. Therefore, we strongly encourage you to carefully read the privacy policies, terms of use and other policies of other sites you visit.
The Website is not intended for, and we do not knowingly accept or collect personal data from, children under 13. If we become aware that a child under 13 has provided us with personal data, we will delete it from our files. If parents or guardians become aware that their minor children have provided us with personal data without their consent (or that we have otherwise collected or obtained such information), they should contact us at legal@downtownmusic.com. We recommend that minors between the ages of 13 and 18 ask their parents for permission before using a credit card or providing any information about themselves to us or anyone else over the Internet.
We are concerned about safeguarding the confidentiality and use of your personal data. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to use it. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
In the event of a personal data breach, we will notify you and any applicable regulator where we are legally required to do so.
A cookie is a small text file that can be placed on your computer or other device when using the Website. We use cookies to distinguish you from other users of the Website. This helps us to provide you with a smooth experience when you visit the Website, and also allows us to improve the Website.
We set cookies (first party cookies) on web pages, however, where we require additional information or services, we may also allow other companies to host cookies on our web pages (third party cookies). These partner companies have been carefully selected by us and are required to meet contractual obligations they have with us.
We may include social media features, such as the Facebook “like” button and widgets, such as the “share this” button. These features may collect your personal data and track your use of the Website. These social media features are either hosted by a third party or hosted directly in the Website. Your interactions with these features are governed by the privacy policy of the company providing such functionality.
We use Google Analytics cookies to collect information and compile reports about how visitors use our Website, and we use this information to help us improve our Website. Google Analytics will collect your IP address, demographic and interests information. For more information about Google Analytics, go here. To opt-out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.
The cookies on this Website consist of the following categories:
A. Strictly necessary cookies - these cookies are used for technical reasons and are necessary to enable the Website to operate efficiently so that you can navigate the Website with ease and use specific features. These include, for example, cookies that help us to debug any errors. If these cookies are blocked or disabled, some of the Website may not operate effectively.
B. Performance cookies - these cookies are used to obtain statistics about the number of users of the Website and how such users interact with the Website. These cookies collect information that is aggregated and therefore cannot be used to ascertain an individual's identity. Such information allows us to continuously improve the Website to provide users with a better online.
C. Functionality cookies - these cookies are used to improve the functionality of the Website and make it easier to use. They help us to identify you as a repeat user of the Website and help us remember your preferences (for example, your choice of language or region), improving your user experience.
D. Marketing and analytical cookies - These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it (if any) more relevant to your interests. We may also share this information with third parties for this purpose. We may share information that we collected through cookies, in aggregated form, with carefully selected third parties for the purposes set out above, unless you disable or block cookies as set out below.
Please be aware that if you decide to disable or block cookies, parts of the Website may not function correctly, or at all.
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. You can visit www.aboutcookies.org or www.youronlinechoices.eu for comprehensive information on how to manage cookies.
If you are located in the EEA, you have a number of rights in relation to how we process your personal data. These include:
the right to access the personal data that we may hold about you;
the right to rectify any inaccurate personal data that we may hold about you;
the right to have your personal data erased in certain circumstances, for example, where it is no longer necessary for us to process your personal data to fulfil our processing purposes; or where you have exercised your right to object to the processing;
the right to restrict the processing of your personal data where, for example, the information is inaccurate or it is no longer necessary for us to process such information or where you have exercised your right to object to our processing;
the right to object to the processing of your personal data which may be exercised in certain circumstances, for example, where we are processing your personal data for direct marketing purposes, or where your own legitimate interests outweigh ours; and
the right to have your data ported to a new service provider if you no longer wish to use our services.
You can exercise any of these rights any time by contacting us by email at legal@downtownmusic.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to exercise your rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will endeavour to notify you and keep you updated.
Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy.
Questions, comments and requests regarding this Privacy Policy should be addressed to legal@downtownmusic.com.
Any promotional emails you receive from us will include specific instructions on how to unsubscribe from our email list, and you may unsubscribe at any time. You may also send an email to us at legal@downtownmusic.com to update or correct the personal data we have on file for you or to be unsubscribed from all or any particular types of e-mailings.
California residents may request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@downtownmusic.com or write to us at Downtown Music LLC, 155 Avenue of the Americas, 15th Floor, New York, NY 10013, U.S.A. Attn: Legal and Business Affairs Department. California residents who have an established business relationship with us may also choose to opt-out of our disclosing personal data about them to third parties. If you do not want us to share your personal data with such third parties, please send us your name, address and phone number to legal@downtownmusic.com.
Should you have any concerns about how we handle your personal data, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to your national supervisory authority.