Privacy

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE

SONGER PERSONAL DATA PRIVACY

Effective: 10 JANUARY 2024

WAYOUT MUSIC LIMITED a limited liability company registered in England with number 14455752 with its registered office address at 1ST FLOOR, 104 OXFORD STREET, ENGLAND, UNITED KINGDOM, LONDON, W1D 1LP (“Way-out Music” which is also referred to as “Us”, “We” and “Our“) is committed to protecting and respecting personal privacy.

In this policy “You” and “Your” mean you, being the individual using the Platform.

This policy (together with Our terms of use and any other documents referred to in this policy comprises “Our Privacy Policy”) sets out the basis on which any personal data We and Artists collect from You, or that You provide to Us and Artists, will be processed by Us and, as in each case applicable, relevant Artists.

Artists may ask You to accept their privacy policy, if You agree to do so then that privacy policy (being “Artist's Privacy Policy”) shall (in addition to the terms set out in Our Privacy Policy) apply to that Artist's use of Your personal data (except that nothing in the Artist's Privacy Policy shall be construed as authorising the Artist to do anything which is in contravention of any law). If the terms of an Artist's Privacy Policy conflict with the terms in Our Privacy Policy then, to the extent of such conflict, when the Artist makes use of Your personal data the terms of the Artist's Privacy Policy shall prevail over the terms of Our Privacy Policy. If you are asked to agree to an Artist's Privacy Policy, the relevant terms will have been made available to you at that time.

Subject to the terms of any individual Artist's Privacy Policy, We require that Artists agree (in addition to their own terms) to respect the same provisions relating to Your data as We provide You in Our Privacy Policy. Please read the following carefully to understand Our views and practices regarding Your personal data and how We will treat it. By using (or agreeing to receive communications from) the Platform You are accepting and consenting to the practices described in Our Privacy Policy.

For the purpose of the UK's Data Protection Act 2018, WAYOUT MUSIC LIMITED is a joint data controller of the data collected by Us in accordance with Our Privacy Policy. Each Artist who You agree may communicate with You using the Platform is also a joint data controller of the data collected by Us on behalf of that Artist.

INFORMATION WE MAY COLLECT FROM YOU

There are several ways in which You may use the Platform to engage with Artists during which We may collect Your personal data from You or from the Artist.

What data We may collect

How We use it and the lawful basis for processing it

Information You provide about yourself such as Your name, E-mail address, date of birth, city location, photograph/avatar, mobile telephone number, financial and credit card information.

Contractual & Consent

We and Artists use Your information to communicate with You on news about new work, ticket and merchandising sales, goods and services, competitions, social media interactions.

We also use Your information to communicate WAYOUT MUSIC LIMITED information such as service notifications, industry news and event details and to carry out Our obligations arising from any contracts entered into between You and Us. To allow You to participate in the interactive features of Our service, when You choose to do so.

Information about how You access Our websites, including the Internet protocol (IP) address used to connect Your computer to the Internet, Your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about Your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our site (including date and time); products You viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call Our customer service number.

Legitimate Interest

To help Us and Artists to better understand how the Platform is used, provide analytics on the Platform and Artist engagements, help troubleshoot problems, testing, to provide You with the best user experience possible.

We may receive information about You if You use any of the other websites We operate or the other services We provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about You from them.

Legal Requirement

We may use this data to fulfil Our contract and legislative obligations.

Cookies

Contractual

Our website uses cookies to distinguish You from other users of Our website. This helps Us to provide You with a good experience when You browse Our website and also allows Us to improve Our site. For detailed information on the cookies We use and the purposes for which We use them see Our Cookie Policy.

 

HOW WE SHARE YOUR INFORMATION

We may share Your information with any member of Our group of companies, Artists (and their mangers and others authorised by them) and third parties who provide services offered on the Platform, such as facilitating sales or other transactions, SMS text and messaging services, social media applications. The Artists You have registered with also have rights with Your consent to Your data to use Your data on the Platform or to export it to a platform of their own choosing. When Artists export Your data they become the controller of the exported data and will be liable to You for the security and protection of it. WAY OUT MUSIC LIMITED will remain the controller of Your data on the Platform until You ask for the data to be removed. In certain circumstances Artists may also ask for data to be removed, You agree that we may agree to such request to the extent Your data belongs to the Artist but not to Us.

 

DISCLOSURE OF YOUR INFORMATION

We may share Your personal information with any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.We may share Your information with selected third parties including: Business partners, suppliers and sub-contractors for the performance of any contract We enter into with them or You. Advertisers and advertising networks that require the data to select and serve relevant adverts to You and others. Analytics and search engine providers that assist Us in the improvement and optimization of Our site. Credit reference agencies for the purpose of assessing Your credit score where this is a condition of Us entering into a contract with You.

We may disclose Your personal information to third parties: In the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets. If WAY OUT MUSIC LIMITED or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers 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 or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of WAY OUT MUSIC LIMITED , Our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

WHERE WE STORE YOUR PERSONAL DATA

The data that We collect from You is stored on UK-based cloud services but may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. Such staff may be engaged in, among other things, the fulfilment of Your order, the processing of Your payment details and the provision of support services. The Artist You have registered with may export Your data for use on another platform which is outside the EEA and WAY OUT MUSIC LIMITED have no liabilities for the exported data however we require that Artists commit to protecting Your data and to be the controller of it. By submitting Your personal data, You agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with Our Privacy Policy. Where We have given You (or where You have chosen) a password which enables You to access certain parts of Our site, You are responsible for keeping this password confidential. We ask You not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect Your personal data, We cannot guarantee the security of Your data transmitted to Our site; any transmission is at Your own risk. Once We have received Your information, We will use strict procedures and security features to try to prevent unauthorised access.

 

TRANSFERS OF YOUR PERSONAL DATA OUTSIDE THE UK, EUROPE AND SWITZERLAND

We are a UK company but engage with Artists, fans and members of the public from across the world. We and the Artists collect and process personal data about individuals who may be based in any country. Your data may be transferred outside the UK and the EEA where the data may be subject to the laws of the local country and We take steps to protect Your data when it transfers across borders such as agreeing contractual commitments with the recipient of Your data.

 

DATA RETENTION

We will store Your data until You or (as described above) a relevant Artist asks Us to remove it except where We have a legislative obligation to retain data for audit and legal purposes.

 

YOUR RIGHTS

You have the following rights in relation to Your personal data:

You can ask for details of the information We hold - Subject Access Request - Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.

You can ask for Your data to be removed from the Platform, which We will do except where We have a legislative obligation to hold Your data. We cannot remove Your data from any exported list created by an Artist to whom You have registered.

You have the right to have Your data modified and updated.

You can exercise Your rights at any time by contacting Us at support@wayoutmusic.co.uk.

 

CHANGES TO OUR PRIVACY POLICY

Any changes We may make to Our Privacy Policy will be posted on this page and, where appropriate, notified to You by e-mail, text message or other appropriate method. Please check back frequently to see any updates or changes to Our Privacy Policy.

 

CONTACT

Questions, comments and requests regarding this Our Privacy Policy are welcomed and should be addressed to 1ST FLOOR, 104 OXFORD STREET, ENGLAND, UNITED KINGDOM, LONDON, W1D 1LP or support@wayoutmusic.co.uk

 


 

CANADIAN AND UNITED STATES JURISDICTIONS PRIVACY NOTICE

This section includes the Canadian and United States Jurisdictions Privacy Notice which supplements Our Privacy Policy and each Artist's Privacy Policy.

This section is applicable to individuals residing in Canada and certain US states and is designed to help you better understand how we collect, use, and disclose your personal information and, how to exercise available rights under various applicable privacy laws in Canada and the US, including the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively with laws applicable to Canda and other US States, the “US Privacy Laws”).

What information we collect and share about you

To provide our services to you, we must process information about you, including personal information.

We do not “sell” your personal information as that term is defined under US Privacy Laws.

Here is a summary of the categories of personal information we may collect about you and with whom we may disclose that information to.

Categories of personal information we may collect

Recipients of personal information

Identifiers, including name, email address, mobile phone number, date of birth, city location.

Personal information categories, name, email address, mobile phone number, date of birth, city location, credit and debit card information.

Commercial information, including products You purchase, tracks you listen to.

Photos and videos (content), Your picture or avatar if You upload one, content you upload including videos, songs, pictures, text.

Internet or other electronic network activity information, including information regarding the device and browser you use, network connection, IP address, and how you browse through our Platform;

Geolocation data, including Your city of residence.

Inferences, or information derived from other personal information about You, which could include Your preferences, interests, and other information used to personalize Your experience;

Other information You provide; and

Sensitive personal information, which may include, Your account access credentials such as account log-in and password, debit or credit card number.

Each Artist with whom You have registered.

Companies who manage Our or the Artists' services (including Amazon Web Services, Shopify, Spotify, Apple Music, Deezer, Stripe, Twilio and SendGrid).

Law enforcement or other third parties in connection with legal requests, to comply with applicable law or to prevent harm.

 

Why We collect and share Your Personal Information

We use and share Your personal information for the purposes set out in Our Privacy Policy. For categories of sensitive personal information that We collect, We only use or disclose such information either with Your specific consent when required, or as otherwise permitted by law.

 

Sources of Personal Information

We collect the information You provide when You use Our platform, including when You visit Our website or contact Us for support. We collect payment information from Shopify when You buy from an Artists shop. We also collect information about how You browse through Our site.

We collect information from and about the devices You use, including computers, phones, and other web-connected devices You use to access our service.

We receive information from partners who help Us provide You with Our services including the following, Shopify for purchases from Artist shops, Spotify, Apple Music and Deezer for the Artist music You listen to, Stripe for notification of successful payments, Twilio for SMS text campaigns.

 

How long we keep your information

Because We need Your personal information to provide Our services, We generally keep Your personal information, including sensitive personal information, while You use Our services or until You tell Us to delete Your information. We may also keep personal information to comply with legal obligations or protect Our or other's interests.

 

Your rights over your information

Depending on where You live, how You use the Platform, and subject to certain exceptions, You may have some or all of the following rights:

Right to Know: The right to request that We disclose to You the personal information We collect, use, or disclose about You, and information about Our data practices.

Right to Request Correction: The right to request that We correct inaccurate personal information that We maintain about You.

Right to Request Deletion: The right to request that We delete personal information that We have collected about You.

To exercise Your rights, including the “right to know” and “right to delete,” please submit a request by contacting Us at support@wayoutmusic.co.uk.

Please note that to protect Your information and the integrity of Our Platform, We may need to verify Your identity before processing Your request. In some cases We may need to collect additional information to verify Your identity.

Under US Privacy Laws, You may also designate an authorized agent to make these requests on Your behalf.

information on the CCPA requests We have received, please see here. In certain jurisdictions, You may have the right to appeal Our decision regarding a request related to these rights. If You wish to appeal a decision, please contact Us at support@wayoutmusic.co.uk.

We will not discriminate against You for exercising any of these rights.

Any request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.

 

How you can reach us

If You would like to ask about or have concerns about how We process Your personal information, please contact Us at support@wayoutmusic.co.uk. If You want to make a request relating to Your personal information, please contact Us at support@wayoutmusic.co.uk.

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