Protecting our users’ personal data is an important concern for BMG (“we”, “us” or “our”).
This privacy policy relates to our website at www.wearethestudio.co and/or any of our other related online or mobile products, content and services, such as 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.
A. COLLECTION AND PROCESSING OF PERSONAL DATA
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, email address or IP-address) when you participate in various opportunities and services provided through the Site (the “Service Data”). 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; and/or
(d) contribute to a blog or forum.
This may include your name, postal address, email address, telephone number, age, date of birth.
2. Furthermore, on each of your visits to the Site we collect the following Technical Data transmitted by your browser to our website:
(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;
(d) the URL of the internet page from which you arrived at the Site;
(e) the date and time when you accessed, clicked through and left the Site;
(f) the amount of data transmitted; and/or
(g) the searches you made and the pages you accessed on the Site;
3. 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 B below. B. USE OF PERSONAL INFORMATION
1. We, our affiliated companies and our third-party service providers may use your personal information as described in Section A for the following purposes:
(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 cookie policy[PK1];
(d) to respond to your enquiries and to 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 Site terms, conditions and policies;
(g) to allow you to take part in contests and 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 optimize 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 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 or by notifying us at design@bmg.com. 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 other third parties’ rights, property or safety, Art. 6 sec. 1 lit d and f GDPR
C. NEWSLETTER
When you subscribe to our newsletter, we use the so-called double opt-in procedure, i.e. we will only send you newsletters by e-mail if you confirm in our notification e-mail by clicking on a link that you are the owner of the e-mail address provided. If you confirm your e-mail address, we will store your e-mail address, the time of registration and the IP address used for registration until you unsubscribe from the newsletter. The sole purpose of the storage is to send you the newsletters and to be able to prove your registration. You can unsubscribe from the newsletter at any time. A corresponding unsubscribe link can be found in every newsletter. A message to the contact data given below or in the newsletter (e.g. by e-mail or letter) is of course also sufficient. The legal basis of the processing is your consent pursuant to Art. 6 sec. 1 lit. f GDPR.
In our newsletters we use commercially established technologies, enabling us to measure interactions with the newsletters (e.g. opening of the e-mail, clicked links). We use this data in pseudonymous form for general statistical evaluations as well as for the optimisation and further development of our content and customer communication. This data is collected using small graphics embedded in the newsletter (so-called pixels), which can also collect Technical Data regarding the device you use. The data is collected exclusively pseudonymised and is not linked to your other personal data. The legal basis for this is our aforementioned legitimate interest, Art. 6 sec. 1 lit. f GDPR [The legal basis of the processing is your consent pursuant to Art. 6 sec. 1 lit. a GDPR][PK2] . Through our newsletter we want to share content that is as relevant as possible for our customers and better understand what readers are actually interested in. If you do not wish the analysis of usage behaviour, you can unsubscribe from our newsletter or deactivate graphics in your e-mail program by default. The data on the interaction with our newsletters is stored pseudonymously for 30 days and subsequently made completely anonymous.
D. DISCLOSURE OF YOUR INFORMATION TO THIRD PARITES AND OUR AFFILIATES
We may share your personal information as far as it is required for the above mentioned purposes from time to time with:
(a) 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
(b) any of the following third parties:
· our third-party service providers who provide us with Site-related services (such as hosting, data analysis (including webtracking services), search engines, payment processing, order fulfilment, IT services, email 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 promotion;
· any third party with whom you 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.
(c) As far as transfer to above mentioned recipients is required for any of the purposes mentioned in Section B, the transfer of data is based on our legitimate interests as specified in Section B or on your consent. This includes our interest to host the Website for informational and marketing purposes and to improve our services and products.
(d) 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.
(e) We anonymize 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 EEA The information we collect from you may be transferred to, processed and stored at a destination outside the European Economic Area (“EEC”), 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 [PK3] or bound by Standard Contractual Clauses of the EU Commission [PK4] 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. 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 of it. For further details, please refer to our cookies policy.[PK5]
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 this site’s privacy policy to satisfy yourself as to how the site operator will treat any such information.
E. INFORMATION SECURITY
We take reasonable precautions to protect against the loss, misuse or alteration of your personal information and to ensure that it will be processed in accordance with this privacy policy.
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.
F. 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 A.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 A.2.) 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 defense 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.
G. YOUR RIGHTS
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 .
Right to rectification (Art. 16 GDPR);
You have the right to rectification of your data, wherever such data is incorrect or incomplete.
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.
Right to restriction of processing (Art. 18 GDPR);
Upon your request, we will restrict processing of personal according to Art. 18, 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, restrict any processing to the minimal extent necessary and withdraw access to your data from our employees.
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 third party is technically feasible. We will provide the data in [a structured and machine-readable format]
Right to object to processing based on Art. 6 Abs. 1 lit. f GDPR (Art. 21 GDPR);
Upon your objection we will cease any processing of your personal data based on Art. 6 lit. f. 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.
Wherever you gave consent to a data processing, in accordance with Article 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.
Furthermore you have the right to lodge a complaint with a data privacy supervisory authorities.
CHANGES TO OUR PRIVACY POLICY
Any changes we make to our privacy policy in the future will be posted on the Site and, where we consider it appropriate, notified to you by email. 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
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.
The contact details for both are:
E-mail: design@bmg.com
BMG, 5 Merchant Square, London W2 1AS, UK
Last modified: 10/07/20
[PK3]Link to https://www.privacyshield.gov/welcome
[PK4]Link to https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=EN
COOKIES POLICY
This cookies policy relates to our website at www.wearethestudio.co and/or any of our other related online or mobile products, content and services, such as widgets and applications (collectively, the “Site”).
This cookies policy explains our limited use of cookies in connection with the Site, and forms part of our privacy[LBB1] policy.
About cookies
Cookies are widely used to allow online and mobile sites to function efficiently. A "cookie" is a small text file that (depending on your browser settings) is deposited on the hard drive of your computer, mobile phone, tablet or other smart device when you visit a site. The cookie may be sent back to that site when you visit again and may then be used by the server to identify and track your use of the site.
Rejecting and deleting cookies
If you object to the use of cookies on the Site, most browsers can be configured to alert you to their use or to enable you to reject browser-based cookies. Third parties may use certain special types of cookies (such as flash cookies) that cannot be disabled by configuring browsers, although other methods of preventing or managing such cookies may be available to you (such as via the relevant third-party settings panel). You can also delete cookies already stored on your device.
Further information on rejection and deletion of cookies is provided on www.aboutcookies.org. For further information on managing behavioural advertising, please visit www.youronlinechoices.com/uk.
If, however, you decide to disable or delete any cookies, some parts or features of the Site (especially interactive features) may not work properly. Disabling or deleting cookies may also affect your ability to use other online or mobile sites.
Our own cookies
The Site uses certain functional, non-persistent cookies to identify you as you use the Site. This helps BMG and our third-party service providers to provide you with a good experience when you browse the Site and also allows BMG and our third-party service providers to improve our site.
We use our own cookies in particular
· For log-in identification;
· For load distribution;
· To store your language settings;
· To note that information placed on our website has been displayed to you – so that on your next visit to the website it does not need to be displayed again.
We wish to enable you to use our website in a convenient and individual way. These services are based on our legitimate interest on the legal basis of Art. 6 sec. 1 lit. f GDPR. Those cookies do not contain any information that, in itself, personally identifies you and do not provide us with access to the rest of your device. We may, however, associate the information contained in cookies with personal information that you have provided to us separately.
We might introduce further types of cookie and/or similar technology from time to time to improve your experience of the Site. If we do so, we shall provide details of any such usage on the Site.
If you would like any further information on the cookies that we use, you can contact us at design@bmg.com
We further use cookies and comparable technologies (e.g. web beacons) of partners for analytical and marketing purposes. This is described more precisely in the following sections.
Analytics and marketing
We use technologies to improve our website by analysing user behaviour and user data. This data includes, but is not limited to, IP addresses, time and date of access to our site, device-ID of mobile devices, cookie-ID as well as technical information regarding your device, such as browser and operating system. Such data will be handled exclusively pseudonymous, thus, identifying you directly is not possible. We further use such data for marketing and retargeting purposes.
The legal basis for such processing is Art. 6 sec. 1 lit. f GDPR and represents our legitimate interest to analyse our website’s traffic to improve the user’s experience and to launch data based marketing campaigns. Where you have given consent to our use of cookies for web analytics purposes the legal basis for this processing is Art. 6 sec. 1 lit. a GDPR.
You can opt-out of data processings for analytics and marketing purposes using the opt-out function of the relevant cookie provided below.
Alternatively, you can exercise your objection by making the appropriate settings on http://preferences-mgr.truste.com/[PK2] , a page that provides bundled possibilities for advertisers to object. The TRUSTe, Inc, 835 Market Street, San Francisco, CA 94103-1905, USA ("TRUSTe") Web site allows opt-out cookies to disable all ads at once or alternatively to set preferences for each provider individually. Please note that after deleting all cookies in your browser or later use of another browser and/or profile, an opt-out cookie must be set again.
Please note that other sites that may be accessible via the Site by clicking on links may also use cookies, over which we have no control. You should check the privacy and cookies policies posted on the relevant third-party sites for further information on such cookies (including details of how to reject or delete such cookies).
On our Site, we use the following cookies:
Google Analytics
This website uses Google Analytics, a web-analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies and similar technologies to analyse and improve our website on the basis of your usage pattern. The data accrued in this context may be transmitted by Google for analysis to a server in the USA and stored there. Should personal data be transmitted to the USA, Google has acceded to the EU-US Privacy Shield[PK3] . Your IP address will be abbreviated prior to the analysis of usage statistics, however, so that no conclusions can be drawn about your identity.[PK4] For this purpose, Google Analytics has been extended on our website to include the code “anonymizeIP”, in order to guarantee an anonymised capture of IP addresses.
Google will process the information so gained in order to evaluate your use of the website, to assemble reports on the website activities for the website operators, and to supply further services connected with website use and internet use.
As set out above, you can so configure your browser that it rejects cookies, or you can prevent the capture of the data generated by cookies and relating to your use of our websites (including your IP-address) and the processing of this data by Google by downloading and installing the browser add-on[PK5] provided by Google. As an alternative to the browser-addon or if you browse our website from a mobile device, you can use this opt-out link. This will prevent the data collection of Google Analytics within this website (the opt-out link will only work in this browser and only for this domain). If you delete your cookies in this browser, you have to click on the link again.
You will find more detailed information on this matter in the Privacy Statement [PK6] of Google Analytics.
Google Adwords Conversion Tracker
Our websites use the AdWords conversion tracking and AdWords remarketing services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). AdWords conversion tracking is used by us to capture specific customer actions (such as clicking on an advertisement, page call-ups, downloads) and to analyse them. We use AdWords Remarketing to display individualised advertising messages to you for our products on partner websites of Google.
For this purpose, both services insert cookies and similar technologies. The data accrued in this context may be transmitted by Google for analysis to a server in the USA and stored there. Should personal data be transmitted to the USA, Google has acceded to the EU-US Privacy Shield[PK7] .
If you use a Google account, Google may – depending on the settings saved in your Google account – link your web and app browser history with your Google account and use information from your Google account in order to personalise advertisements. If you do not wish for this allocation to the Google account, it will be necessary for you to log out before calling up our contact page at Google.
As set out above, you can so configure your browser that it rejects cookies. Additionally, in the cookie settings[PK8] of Google’s Privacy Statement, you can prevent Google cookies from being used for advertising purposes.
You can find more detailed information on this matter in Google’s Privacy Statement[PK9] .
Google Double Click
Our website uses DoubleClick by Google, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). DoubleClick uses cookies and similar technologies to serve ads relevant to you. Use of DoubleClick allows Google and its partner sites to serve ads based on previous visits to our or other websites on the Internet. The data arising in this context can be transmitted by Google to a server in the USA for evaluation and stored there. In the event that personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield[PK10] .
You may refuse the use of cookies by selecting the appropriate settings on your browser (as described above); however, please note that if you do this you may not be able to use the full functionality of the website. You can also prevent Google from collecting the data generated by the cookies and relating to your use of the website and from processing this data by Google by downloading and installing the DoubleClick deactivation browser plug-in[PK11] . As an alternative to the browser plug-in or within browsers on mobile devices, you can disable the "Personalized Advertising" button in Google Advertising Settings[PK12] . In this case, Google will only display general advertising that has not been selected based on the information collected about you.
The following table gives an overview over DoubleClick functionality we use
| Bid Manager | Bid Manager enables users to create campaigns and set bids on ad-spaces online (e.g. a banner). Reporting features enable users to evaluate the success of their campaign. |
| Bid Floodlight | Floodlight enables users to track multiple visits from the same browser using a cookie and is used for conversion tracking purposes. |
| Ad Exchange | Ad Exchange is a marketplace for ad-spaces online (e.g. a banner), where marketeers can purchase targets and optimize their campaigns. |
Please refer to Google's privacy policy [PK13] for more information.
Google Dynamic Remarketing
Our website uses Google Remarketing, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). This service uses cookies and similar technologies to display personalized advertising messages on websites that work with Google. Cookies and similar technologies are also used to perform the analysis of website usage as a basis for the creation of interest-based advertisements. The data arising in this context can be transmitted by Google to a server in the USA for evaluation and stored there. In the event that personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield[PK14] .
If you use a Google Account, depending on the settings in your Google Account, Google may link your Google web and App browsing history to your Google Account and use information from your Google Account to personalize ads. If you don't want this association with your Google Account, you'll need to log out of Google before you can access our contact page.
As described above, you can configure your browser to reject cookies, or you can prevent the collection of data generated by the cookies and related to your use of this website and the processing of this data by Google by accessing the Google Advertising Settings[PK15] and setting the personalization buttons to "Off". Alternatively, you can opt out of processing by visiting the TRUSTe[PK16] Web site mentioned above and clicking the Google Opt-out button.
Please refer to Google's privacy policy [PK17] for more information on dynamic Remarketing.
Google Tag Manager
Our website uses Google Tag Manager, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). The Tag Manager is used to manage tracking tools and other services, so-called website tags. A tag is an element that is stored in the source code of our website in order to record, for example, predefined usage data, such as an IP address. The Google Tag Manager does not use cookies and does not collect any personal data. The Google Tag Manager triggers other tags that may collect data. Some of the data is stored on a Google server in the USA. In the event that personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield[PK18] . If deactivation has been made at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager.
For more information, please refer to the privacy policy[PK19] and Google's further information about Tag Manager.[PK20]
Social media plug-ins
On certain pages of the Site we may implement so-called “social media” plug-ins, in particular Facebook’s “like” button, Google’s “+1” button and Twitter’s Twitter buttons. When you visit a page that displays one or more of such buttons, your browser will establish a direct connection to the relevant social media server and load the button from there. At the same time the provider of the social media service will know that the relevant page on the Site has been visited.
We have no influence on the data that any such social media provider collects on the basis of the buttons. According to the available information, however, if you do not click on the respective buttons, none of your personal data will be collected and stored unless you have logged onto to your social media account. In that case, certain user data (including your IP address at the time) may be collected and linked to the account information already present at the social media service. If you wish to prevent this, please log out of your social media accounts before visiting the Site.
In addition, clicking a button may also lead to a collection of certain data, such as your IP address. Social media providers such as Facebook, Google or Twitter may set cookies as well, unless you have disabled the acceptance and storage of cookies in your browser settings (see above).
We receive no information from social media providers about which social media buttons you may personally have clicked or seen on the Site. If at all, we may receive a summarised, non-personalised statistical report on the use of the buttons.
Facebook Privacy Policy: https://de-de.facebook.com/policy.php
Google Privacy Policy: http://www.google.com/intl/en/privacy/
Twitter Privacy Policy: https://twitter.com/en/privacy[PK21]
Changes to this cookies policy
We may at any time update or otherwise modify this cookies policy. We shall notify you of any changes to our cookies policy by posting the modified cookies policy on the Site. By then continuing to use the Site, you will be bound by the modified cookies policy.
Last modified: 23.05.2018
[PK2]Link to: http://preferences-mgr.truste.com/
[PK3]Link to: https://www.privacyshield.gov/welcome
[PK5]https://tools.google.com/dlpage/gaoptout?hl=de
[PK6]Link to: https://policies.google.com/privacy
[PK7]Link to: https://www.privacyshield.gov/welcome
[PK8]https://support.google.com/ads/answer/2662922
[PK9]https://policies.google.com/privacy
[PK10]Link to: https://www.privacyshield.gov/welcome
[PK11]Link to: https://support.google.com/ads/answer/7395996
[PK12]Link to: https://support.google.com/ads/answer/2662922
[PK13]https://policies.google.com/privacy
[PK14]Link to: https://www.privacyshield.gov/welcome
[PK15]Link to: https://support.google.com/ads/answer/2662922
[PK16]Link to: http://preferences-mgr.truste.com/
[PK17]https://policies.google.com/privacy
[PK18]Link to: https://www.privacyshield.gov/welcome
[PK19]Link (http://www.google.com/intl/en/privacy/)
[PK20]Link to: https://www.google.com/intl/de/tagmanager/
