Privacy Policy

Last Updated: August 18, 2022

This privacy policy explains how Nettwerk Music Group, Inc. and its affiliates (collectively, “Nettwerk” or “we,” “us” and “our”) collect and use personal information we collect from you or you provide to us through Nettwerk websites and other means described herein (each a “Site” and collectively referred to as “Sites”). Personal information (or “personal data” as it is referred to in the European Union) is information that identifies you as an individual, including, but not limited to, your name, address, email address, or telephone number.

Information collected on the Sites may be used by in the manner described below by Nettwerk and Nettwerk’s agents, subsidiaries and trusted partners acting on Nettwerk’s behalf. This privacy policy does not address, and Nettwerk is not responsible for, the privacy practices of any third party.

1

Collection and Processing of Personal Information

Nettwerk may collect and process your personal information on the Sites for the purposes described below.

(a) Participation in special activities. Personal information may be collected as part of the registration process associated with Nettwerk’s promotions, contests or sweepstakes. Such registration may include requests for your personal information (such as your name, address, email address, telephone number and birth date), demographic information (such as country of residence and gender) and profile data (such as your musical preferences and entertainment practices).

(b) Newsletters. Nettwerk may collect and process your email address (as provided to Nettwerk) to send you updates on a particular Nettwerk artist or artists. Nettwerk may add that address to the email list for that artist or artists. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page (if applicable) or by contacting Nettwerk as per the CONTACT US section below.

(c) Product purchase. If e-commerce retail opportunities are made available via Sites (e.g. an online store), and you choose to buy products or services through a transaction on a Site, Nettwerk will collect and process your name, address, email address, telephone number, and order details, and may collect your birth date. Additionally, Nettwerk’s financial partners involved in the processing of banking or credit card data will collect and process the following additional personal information in order to complete your transaction: the price paid, the credit card number or other payment information used to make the purchase, the billing address, as well as any further details on the purchase transaction.

(d) Website registration. If you choose to register a Site user name and/or password, Nettwerk will collect and process your login details in order to enable Nettwerk to communicate with you, provide the services you have requested, and to provide a more personalized experience on the Site. You are not required to provide Nettwerk with this information, but if you choose not to do so, you may not be able to participate in some of the activities or access some of the features made available on Sites. In addition to this, all information provided to Nettwerk will be processed when you use Sites as a registered user, along with your usage data (e.g. login times, length of stay on the Site).

(e) Contacting Nettwerk. When you contact Nettwerk via phone, email or otherwise to submit information to Nettwerk, Nettwerk will collect and process the information you provide, such as your name, email address, telephone number and your question or request, in order to respond to your inquiry.

(f) Job application. If you apply for a job at Nettwerk, Nettwerk will collect and process your personal information such as name, address, email address, birth date, work experience, education and other related information you submit to review, verify and evaluate your job application.

(g) Updates concerning Nettwerk. If you become a registered user of a Site, Nettwerk will collect and process your email address in order to keep you informed about Nettwerk’s products and services by sending emails and announcements that are needed for the proper functioning and administration of the Sites.

2

Storage of Personal Information

All the information you provide may be processed and stored, transferred or accessed by entities around the world as described in this privacy policy. Nettwerk will take commercially reasonable steps to ensure that your data is treated securely and in accordance with this privacy policy.

3

Sharing Your Information

Nettwerk does not share your personal information with other organizations, except as set-out below. Nettwerk shares your personal information with only the following third parties for the following purposes:

  • Organizations acting as Nettwerk’s agents that provide services to you and which agree to use it only for that purpose and to keep the information secure and confidential. These organizations can be classified in the following categories:
    • Delivery partners who deliver products on behalf of Nettwerk;
    • Financial partners who process banking, credit card , or other payment data on Sites;
    • Marketing partners, who send promotional communications regarding Nettwerk and its products and services;
    • Promotional vendors, who administer contests and promotions on behalf of Nettwerk (which may include the establishment and maintenance of separate microsites for such contests and promotions);
    • Applicant Tracking System vendors who process and manage job applications to Nettwerk;
    • IT service providers, such as Nettwerk’s data hosting provider; and
    • Other service providers that Nettwerk engage to provide services to Nettwerk or on Nettwerk’s behalf.
  • Third parties that send marketing communications consistent with your choices (for example, if you register to join a Nettwerk artist’s mailing list).
  • Nettwerk may share your information with another corporation in the event of a corporate change at Nettwerk (such as a merger, acquisition, or sale of assets). In such event, Nettwerk will inform you separately before any transfer of your personal information.
  • Nettwerk also discloses information it maintains: (i) when required to do so by law (e.g. a court order, subpoena, or other legal obligation); (ii) in response to a law enforcement agency’s request; or (iii) in special cases when Nettwerk has believes such disclosure may be necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Nettwerk’s rights or property.

If you are a user from the EU/EEA, please also see additional information on international data transfers in section 11 of this privacy policy.

4

Links to Third-Party Websites and the Internet

Sites may contain links to third party websites. Such websites have their own privacy policies and Nettwerk does not accept any responsibility or liability with respect to any third party website’s privacy policy. We encourage you to review any such third party privacy policy before you submit any personal information to these websites.

If you provide Nettwerk with information over the Internet, any such transmission is at your own risk. Once Nettwerk receives your information, we use commercially reasonable procedures and security to prevent unauthorized access to your personal information.

5

Community Functions

Chat rooms, forums, message boards and/or other community functions may be made available on Sites. Your use of any such forums, message boards and/or other community functions is at your own risk. Any information you disclose in these areas becomes public information. We advise you to exercise caution when deciding to disclose your personal, financial or other information in these settings.

6

Tracking Technologies & Cookies

The Sites have features that automatically collect information from those who access the Sites in order to assist Nettwerk in creating Sites that allow Nettwerk to improve its Sites and provide users of the Sites with tailored advertising. In certain instances, Sites use cookies (small data files containing information about you that are stored on your hard drive). Cookies are embedded in the HTTP information that travels back and forth between your computer and the servers. Cookies allow automated customer customization and personalization.

(a) Cookies used on Nettwerk Sites:

(i) Functionality Cookies.
Functionality cookies are used to recognize you when you return to Nettwerk Sites in order to improve your user experience and to allow us to personalize content for you. Examples of functionality cookies used may include, but not be limited to:

  • mid
  • mcd
  • vuid
  • csrftoken

(ii) Strictly Necessary Cookies.
Strictly necessary cookies are cookies that are required for the functional operation of Nettwerk Sites. These may include cookies that permit the user to browse the Sites and the Sites’ features. They may also be used to maintain the security of certain areas of the Sites. Examples of strictly necessary cookies used may include, but not be limited to:

  • __cfduid
  • cart_ts
  • secure_customer_sig
  • cart_sig
  • OptanonConsent
  • OptanonAlertBoxClosed
  • _dc_gtm_UA-100981624-1
  • checkout_token
  • _orig_referrer

(iii) Analytical/Performance Cookies.
These cookies collect anonymous information about how you use our Sites, for example how you arrived at our Sites and which pages you visit most often. This helps us to improve the way our Sites work, for example, by ensuring that users are finding what they are looking for easily. These cookies are sometimes placed by third-party providers of web traffic analysis services, such as Google Analytics. We use these cookies only if you have consented via the cookie banner. Examples of analytical/performance cookies used may include, without limitation:

  • _gid
  • __utma
  • _gat_UA-nnnnnnn-nn
  • _shopify_y
  • _s
  • _shopify_s
  • _shopify_sa_p
  • _y
  • _ga
  • __utmz
  • _gat_UA-100981624-1
  • __utmt
  • _shopify_fs
  • _shopify_sa_t
  • _landing_page
  • __utmc
  • __utmb
  • _ga_ga

(iv) Targeting cookies.
These cookies record your visit to our Sites, the pages you have visited and the links you have followed. These cookies are usually placed by third-party advertising networks. They remember the other websites you visit, and this information is shared with third-party organizations, for example advertisers (including Sumo, Facebook, Twitter, Google and Spotify). We use these cookies only if you have consented via the cookie banner.

Examples of targeting cookies used may include, but not be limited to:

  • __smVID
  • _fbp
  • datr
  • sp_t
  • lu
  • fr
  • _gid
  • auth_token
  • APISID
  • SSID
  • sp_key
  • metrics_token
  • _ga
  • _gat_gtag_UA_5784146_31
  • anj
  • wp_refresh_token
  • lu
  • lang
  • sp_dc
  • wp_expiration
  • sc_anonymous_id
  • sp_key
  • twll
  • UID
  • sp_landing
  • secure_session
  • sp_ab
  • guest_id
  • __utma
  • __smSessionId
  • uuid2
  • IDE
  • personalization_id
  • SID
  • SAPISID
  • sp_landing
  • anj
  • remember_checked
  • fr
  • wp_expires_in
  • test_cookie
  • remember_checked_on
  • wp_sso_token
  • id
  • UIDR
  • wp_expiration
  • wp_sso_token
  • tfw_exp
  • IDE
  • HSID
  • wp_access_token
  • _ga
  • sp_ab
  • wp_access_token
  • _gid
  • uid

(b) Social Media plugins:
Nettwerk may also use so-called “social media plug-ins” on its Sites. An example of a social media plug-in is a so-called “like button”. Social media organizations such as Facebook, Instagram, and Twitter provide such plug-ins for use on Sites. Pages of a Site that contain such a social plug-in, allow the user’s browser to connect directly to the social media organization’s servers. Via such plug-ins, the social media organizations may receive the information that you have visited our Sites even if you do not have a profile or are not currently logged in. This information (including your IP address) will be transferred from your browser directly to a server of the respective social media organization and stored there. If you are logged in to one of the social media organizations’ services, the providers may allocate your visit of the Sites to your account with such organization. Interactions with plug-ins such as a “like button” are sent directly to the social media organization’s servers and stored there. The information is also stored in the social media organization’s network and published on your account with that organization. The purpose and scope of the data collection and the further processing of your data by the providers as well as your relevant rights and setting options for the protection of your privacy can be found in the privacy notices of the social media organizations.

The following are some of the major social media organizations whose plug-ins may be used on Nettwerk Sites, along with informational links regarding these plug-ins:

Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. An overview of Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins

Twitter is operated by Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA. An overview of the Twitter buttons and their appearance can be found here: https://about.twitter.com/en_us/company/brand-resources.html

Instagram is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA. An overview of the Instagram buttons and their appearance can be found here: https://help.instagram.com

Tumblr is operated by Tumblr, Inc., 770 Broadway, New York, NY, 10003, USA. An overview of the Tumblr buttons and their appearance can be found here: https://www.tumblr.com/buttons

Google+ is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. An overview of Google’s logos including the Google+ logo can be found here: https://www.google.com/permissions/trademark/logos-list.html

You can find more information regarding Google’s privacy policy here: http://www.google.com/intl/en/privacypolicy.html

(c) Web Beacons
With your consent, Nettwerk or its third party partners, may use so-called “web beacons” (sometimes referred to as “web bugs”, “clear gifs” or “pixels”). Web beacons assist Nettwerk in understanding what content is effective or appealing for users of the Sites, and to understand usage patterns of the Sites (e.g. by counting the number of users who have visited the Sites). Web beacons are tiny graphics with a unique identifier, similar in function to cookies, that allow Nettwerk to be aware of when content on the Sites is viewed. Unlike cookies, web beacons are embedded on web pages, ads, and e-mail. Nettwerk, or its third-party partners, may tie the information gathered by web beacons to the other information collected about you.

7

Children

(a) COPPA
Nettwerk strives to comply with the U.S. Children’s Online Privacy Protection Act. Nettwerk does not knowingly collect any personal information from Site users under the age of 13. If you are under 13 years of age, please do not provide any personal information to Nettwerk. If you believe Nettwerk has unknowingly collected personal information from someone under the age of 13, please contact us immediately as described in the Contact Us section below and Nettwerk will remove this information. We encourage you to visit www.OnGuardOnline.gov for social networking safety tips for parents and youth and for more information about protecting children online.

(b) GDPR
Nettwerk also strives to comply with the EU General Data Protection Regulation (“GDPR”). Nettwerk Sites are not intended for children and Nettwerk does not knowingly collect data relating to anyone under the age of 16 in cases where GDPR is applicable.

8

Your Rights

You may be entitled, to object to or request the restriction of processing of your personal information, and to request access to, rectification, erasure, and portability of your own personal information. If you wish to make such an objection or request, please contact us as described in the Contact Us section below. We may require you to prove your identity with approved identification in association with any such objection or request.

9

Your California Privacy Rights

If you are a California resident, California Civil Code 1798.83 provides you the right to receive (a) information identifying any third party to whom we may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes and (b) a description of the categories of personal information disclosed. You may obtain such information at no charge by contacting Nettwerk per the Contact Us section below.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit so-called “do-not-track” signals to the websites and other online services with which an Internet user communicates. There is currently no industry standard that governs what, if anything, websites should do when they receive such “do-not-track” signals. Nettwerk currently does respond to these signals received by Sites.
In furtherance of Section 8 above and in accordance with the California Consumer Privacy Act of 2018 (“CCPA”), California consumers have the right to request from us:

  • the specific pieces of their personal information in our possession;
  • additional information about whether and how we have collected, used, disclosed, and sold their personal information; and
  • that we delete the personal information we have about them.

California consumers also have the right not to be discriminated against on the basis of their exercise of the rights listed above.

If you make such a request, Nettwerk will require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. These verification steps may vary depending on the request. The information that you provide in your request (which will include, without limitation, your first and last name and your email address) will be matched to the information we already have on file. We may request additional information to help us verify your request. Your request will be processed if we are able to verify your information. If we cannot verify your information, we may be unable to process your request. Information received in support of your will only be used for the purposes of responding to the request.

California law permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. Any such authorized agent must verify the agent’s own identity and follow the process described below to make a request. We will confirm the agent’s authority with the applicable California consumer before proceeding with the request.

You may submit a CCPA privacy rights request to us via email at: privacy@nettwerk.com

We are not currently selling your personal information and have not sold personal information since January 1, 2020, the date the CCPA went into effect.

10

Your Nevada Privacy Rights

Nevada residents have the right to submit a verified request directing us not to sell their personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to [insert address].

11

Changes to Our Privacy Policy

Nettwerk may modify, alter or otherwise update this privacy policy at any time. You are encouraged to review this privacy policy from time to time. When we post changes to this policy, you will see the words “Last Updated” with the date of the last update at the top of this page. If a substantial change is made to this privacy policy, we will inform you via email.

12

European Union / European Economic Area

The following section of this privacy policy applies only if you use Sites from a country that is a Member State of the European Union (“EU”) /European Economic Area (“EEA”) and supplements the information in this privacy policy.

(a) Legal bases for processing your personal data

  • Participation in special activities. We process the listed information to administer promotions, contests and sweepstakes (i.e. for contract performance).
  • Newsletters. Newsletters are sent to you only with your consent. If you have already purchased goods or services from us, we also process your email address to offer you similar products, programs or services to you that may be of interest to you. This processing is based on our legitimate interest to conduct direct marketing. You may always object to such processing.
  • Product purchase. We process the listed information to transact and administer your product purchases (i.e. for contract performance).
  • Registration. When you register as a user on a Site, we process the listed information to provide you with the requested services and administer your Site registration (i.e. for contract performance). We also process your information in this context for IT security reasons (i.e. for our legitimate interest to provide secure services).
  • Contact. When you contact us, we process the listed information to respond to your inquiry (i.e. to perform a (quasi) contract with you).
  • Job application. With respect to job applications submitted, we process the listed information in preparation of a potential employment agreement between you and Nettwerk.
  • Updates. We send you updates based on our legitimate interests to provide you with working Sites and satisfying services. If informing you about updates is required by law, we send you updates to comply with our legal obligations.

(b) Retention of your personal data

  • Participation in special activities. We retain your personal information up to three months after any given promotion, contest or sweepstake is completed, unless we are required by law to retain them for a longer period (e.g. for archiving purposes).
  • Newsletters. We will retain your personal information concerning marketing and/or newsletters until you withdraw your consent or opt-out from such marketing and/or newsletters, unless we are required or permitted by law to retain it for a longer period (e.g. for archiving purposes).
  • Product purchase. We retain your personal information as long as you continue purchasing our products. We will delete your personal information if you have not purchased anything for three years, unless we are required or permitted by law to retain it for a longer period (e.g. for archiving purposes).
  • Website registration. We retain your personal information as long as you use Site services provided to registered users. We will delete your personal information if you have not logged in for three years, unless we are required or permitted by law to retain it for a longer period (e.g. for archiving purposes).
  • Contact. When you contact us, we retain this personal information for the time required to respond to your request and, where applicable, as required or permitted by statutory law (e.g. for financial statements or legal claims or archiving purposes).
  • Job applications. If your application is successful, we retain the personal information for the duration of your employment with Nettwerk, and beyond based on requirements or permissions by statutory retention requirements. If we do not employ you we will retain your personal information for the time required to respond to your request and, where applicable, as required or permitted by statutory law (e.g. for financial statements or legal claims or for archiving purposes).
  • Updates. We retain your personal information as long as you use our services for registered users or for as long as you purchase our goods. We will delete your personal information if you have not logged in for three years, unless we are required or permitted by law to retain it for a longer period.

(c) Automated decision-making
Nettwerk may use automated decision-making technologies (e.g. profiling), to support our data processing activities. This may include technologies that attempt to identify artists, music, communications, products, or offers that may be of interest to you. This assists Nettwerk in personalizing your interactions with Nettwerk and Nettwerk’s artists. Therefore, you may see online advertisements, direct marketing communications (if you have subscribed), other advertising or marketing messages, or special offers based on your activity on our Sites or interactions with Nettwerk or Nettwerk’s third-party partners.

(d) International transfers
The sharing of your personal information, in accordance with this privacy policy, may involve transferring your information outside the EU/EEA. Whenever Nettwerk transfers your personal data outside of the EU/EEA, Nettwerk ensures a degree of protection is afforded to that personal data by ensuring, where required by law, at least one of the following safeguards is implemented:

  • transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
  • using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
  • transferring personal data to the United States to an entity if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
  • You may be entitled, in accordance with applicable law, to request a copy of the concrete safeguards by contacting Nettwerk in accordance with the Contact Us section below
  • In furtherance of section 8 above and in accordance with GDPR you may have the following rights in relation to the personal information Nettwerk holds about you, if the applicable preconditions are met:
  • • Right of access. You may ask Nettwerk to confirm whether Nettwerk is processing your personal information and, if so, to provide you with a copy of that personal information (along with certain other details).
  • • Right to rectification. You are entitled to ask Nettwerk for rectification or completion of your personal information, if the personal information in Nettwerk’s possession is inaccurate or incomplete.
  • • Right to erasure. You may ask Nettwerk to delete or remove your personal information in certain circumstances (e.g. if Nettwerk no longer needs it or you withdraw your consent (where applicable)).
  • • Right to restrict processing: You may request that Nettwerk restricts the processing of your personal information in certain circumstances (e.g. if you object to us processing it).
  • • Right to data portability: You have the right to obtain personal information you have provided to Nettwerk in a structured, commonly used and machine-readable format for reuse under certain circumstances.
  • • Right to object: You may request that Nettwerk stop processing your personal information, and Nettwerk will do so, if Nettwerk:
  • o relies on legitimate interests to process your personal information, except if Nettwerk can demonstrate compelling legal grounds for the processing; or
  • o processes your personal information for direct marketing.
  • • Rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it is based solely on automated processing, including profiling, and it produces a legal effect or similarly significantly affects you unless such profiling is necessary for the entering into, or the performance of, a contract between you and Nettwerk.
  • • Right to withdraw consent: If Nettwerk relies on your consent as legal basis for processing your personal information, you may withdraw that consent at any time (including, but not limited, to where Nettwerk uses your personal information for direct marketing purposes).

(e) Your Rights

In furtherance of section 8 above and in accordance with GDPR you may have the following rights in relation to the personal information Nettwerk holds about you, if the applicable preconditions are met:

  • Right of access. You may ask Nettwerk to confirm whether Nettwerk is processing your personal information and, if so, to provide you with a copy of that personal information (along with certain other details).
  • Right to rectification. You are entitled to ask Nettwerk for rectification or completion of your personal information, if the personal information in Nettwerk’s possession is inaccurate or incomplete.
  • Right to erasure. You may ask Nettwerk to delete or remove your personal information in certain circumstances (e.g. if Nettwerk no longer needs it or you withdraw your consent (where applicable)).
  • Right to restrict processing: You may request that Nettwerk restricts the processing of your personal information in certain circumstances (e.g. if you object to us processing it).
  • Right to data portability: You have the right to obtain personal information you have provided to Nettwerk in a structured, commonly used and machine-readable format for reuse under certain circumstances.
  • Right to object: You may request that Nettwerk stop processing your personal information, and Nettwerk will do so, if Nettwerk:
    • relies on legitimate interests to process your personal information, except if Nettwerk can demonstrate compelling legal grounds for the processing; or
    • processes your personal information for direct marketing.
  • Rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it is based solely on automated processing, including profiling, and it produces a legal effect or similarly significantly affects you unless such profiling is necessary for the entering into, or the performance of, a contract between you and Nettwerk.
  • Right to withdraw consent: If Nettwerk relies on your consent as legal basis for processing your personal information, you may withdraw that consent at any time (including, but not limited, to where Nettwerk uses your personal information for direct marketing purposes).

Under applicable law, you may be entitled to lodge a complaint with a supervisory authority if you consider that Nettwerk’s processing of your personal information infringes applicable law.

For more information on your rights and accordant requirements, please see the information provided by the EU Commission at https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en

13

Contact us

If you have questions, comments or requests regarding this privacy policy, please contact us at:
Nettwerk Music Group Inc.
1675 West 2nd Ave, 2nd Floor
Vancouver, BC V6J 1H3
Attn: Legal and Business Affairs

Nettwerk Music’s Data Protection Officer may be contacted at privacy@nettwerk.com

For EU/EEA users: Our local representative in the EU/EEA may be contacted via e-mail at privacy@nettwerk.com or via mail at:
Nettwerk Music Group Inc.
15 Adeline Place, Ground Floor
London, United Kingdom WC1B 3AJ
Attention: Data Protection Department