Privacy Policy for Bandsintown Platforms and Applications
1. Introduction
Welcome to Bandsintown! Whether you are an artist, a fan, a promoter or any individual visiting our websites or applications, the respect of your privacy is an important matter for us.
Please take a moment to read and understand this Privacy Policy. In here, you will find out how Bandsintown and its affiliates (“we”, “us”) process your Personal data, with whom we might share it, what we actually do to protect it and how you can exercise your rights regarding your Personal data when using our Services.
As Bandsintown is a global business processing EU residents’ Personal data, the Privacy Policy will provide all information as required by the Regulation (EU) 2016/679 of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”).
Additionally, as we are subject to the provisions of the California Consumer Privacy Act of 2018 (“CCPA”), this Privacy Policy will also take into consideration the specificities of this Act, which benefit California residents.
This Privacy policy applies to the Personal data that we collect, use and/or communicate through the use of our Services, meaning the use of our Platforms and Applications.
However, this Privacy policy does not apply to Services provided by third-parties that you may use, in particular when these Services implies that you are redirected to third-party websites.
This Privacy Policy will remain in full force and effect for the duration of the use of the Services by the User and as long as we process your Personal data.
2. Useful definitions
Capitalized terms shall have the meaning given to them in this Article, whether they are used in plural or singular form:
Applicable Data Protection Laws: means any laws and regulations applicable to the Parties according to the nature of Personal data processed and/or the location of the User.
Bandsintown Applications or App(s): means the Bandsintown-branded mobile, web, tablet, desktop and other applications made available to the User through Facebook, iOS and Android.
Bandsintown Platforms or Platforms: means Bandsintown’s operated and owned websites, such as its main platform www.bandsintown.com and other corresponding pages including https://www.artists.bandsintown.com/, https://www.venues.bandsintown.com/, https://manager.bandsintown.com/, https://promoter.bandsintown.com/, https://corp.bandsintown.com/, https://news.bandsintown.com/, https://www.hypebot.com/.
GDPR: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Parties: means the parties to the Agreement, i.e. Bandsintown and the User.
Personal data or Personal information: means any information relating to an identified or identifiable natural person (“Data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Profile: means the User’s dedicated account and environment when he/she as registered on a Platform or App.
Services: means all functionalities and features made available by Bandsintown to the User through the Platforms and/or Apps.
User: means any visitor or registered individual on the Platforms and/or Apps, including artists, fans, promoters, editors, managers, etc.
All other capitalized terms not specifically defined in this Article shall take the meaning given to them by Article 4 of the GDPR.
3. Identification of the Data controller
The Platforms and Apps are edited by BANDSINTOWN Group Inc., a corporation organized and existing under the laws of the US, with its principal office located at 348 West 57th street, Suite 107, New York, NY, 10019.
BANDSINTOWN Group Inc., Bandsintown LLC and other Bandsintown affiliates are acting as Data controllers for the processing of your Personal data as described below.
4. Categories of Personal data we collect about you
Depending on your status and activities on our Platforms and Apps, we may collect different categories of Personal data directly from you or from third-party websites, for example when you choose to register to our Platforms with one of your social networks’ accounts.
Beware: depending on your activities on the Platforms, you may have different status (e.g. you can be a visitor as well as a fan, be an artist as well as a manager, etc.).
Visitors & Users (global) | |
---|---|
Activity | Categories of Personal data |
1. Visiting the Platforms | • Browsing data. • Data collected by the use of cookies when you consent to their use. |
2. Using the chatbot | • Personal data that you may communicate through your communications with the chatbot. |
3. Using cookies according to the Cookie Policy | • Browsing data. |
4. Contacting Bandsintown support teams | • Contact data. • Content of your request. |
5. Allowing the visitors and Users to exercise their data protection rights | • Identification data. • Contact data. • Content of the request. • Data necessary to reply to the request addressed to Bandsintown. |
6. Establishing statistics related to the performance of the Platforms and Apps | • Aggregate data. • Browsing data. |
7. Complying with legal requests or manage litigation | • Data necessary to prove Bandsintown’s compliance to its obligations and/or manage legal proceedings. |
Fans | |
---|---|
Activity | Categories of Personal data |
1. Registering to create a Profile | • Personal data collected and processed by third-party websites when you register with your third-party account (e.g., Facebook profile, Spotify profile, etc.). • Email address. |
2. Completing your Profile | • Identification data: first name, display name, profile picture, etc. • Location data: mile radius for home page results, location, etc. • Privacy settings regarding notifications that you allow. • Musical preferences. |
3. Track events | • Email address. |
4. Connect your social network or music accounts | • Personal data from connected accounts (e.g., Facebook account, Spotify account, etc.): music preferences, photos, friends, etc. |
5. Sync RSVPed events to your devices’ calendar | • Data related to your calendar. |
6. Publish contents on the App (e.g., use of chats available on the Platform) | • Content of your messages. • Identification data. |
7. Live stream performances | • Identification data. • Contents that you may share while live streaming. |
8. Purchase live stream performances | • Payment details for pay-per-view shows. |
9. Subscribe or consent to the reception of newsletters from Bandsintown and/or your followed artists | • Identification data. • Contact details. |
10. Review artists or publish photos | • Identification data. • Content of the review. |
11. Adding a payment card to your Profile on the App (optional) | • Credit card details. |
Artists | |
---|---|
Activity | Categories of Personal data |
1. Register on the Platforms and Apps | • Personal data collected and processed by third-party websites when you register with your third-party account (e.g., Facebook profile, Spotify profile, etc.). • Email address. |
2. Manage and complete your Profile | • Identification data: first and last name, profile picture, etc. • Contact details: phone number, email address. • Professional data: company name, status in the company (e.g. artist, promoter, band member, label, venue, etc.). |
3. Publish content and messages (including the use of chats available on the Platform) | • Identification data. • Content of the message (e.g. photographs, links, message, etc.). • Target recipients of the message. • Details on events |
4. Live stream performances | • Identification data. • Content of the livestream (e.g. artist’s image, etc.). • Statistics. |
5. Add support buttons for fundraisings | • Financial data. |
Promoters | |
---|---|
Activity | Categories of Personal data |
1. Register on the Platforms and Apps | • Identification data: first and last name, etc. • Email address and password. • Professional data: company name, location, role in the company, etc. |
5. Purposes of the processing and legal bases
Depending on your activities and the Services that you may use, the purpose and legal basis of the processing of your Personal data may differ.
Visitors & Users (global) | ||
---|---|---|
Activity | Purpose | Legal basis |
1 | Editing and allowing access to a public Platform | Legitimate interest of Bandsintown to edit a public Platform. |
2 | Offering a quick mean of communication between Bandsintown and the visitor. | Legitimate interest of Bandsintown to offer visitors an efficient way to communicate with its teams. |
3 | See Cookie Policy | Legitimate interest for necessary or exempted cookies (e.g. cookies enabling the operation of the Platform). Consent of the visitor for other cookies and trackers. |
4 | Responding to the User/visitor’s request for information related to the Services offered by Bandsintown or request for assistance | Legitimate interest of Bandsintown to offer its visitors a mean to contact support teams. Contract with User (i.e. specific Terms of Use). |
5 | Manage the request(s) of the Users related to their data protection rights | Legal obligation of Bandsintown, especially regarding GDPR and CCPA compliance. |
6 | Enhance and improve the Services, Platforms and Apps | Legitimate interests of Bandsintown to offer optimized Services. |
7 | Justify and demonstrate Bandsintown’s compliance with legal obligations in case of legal request and/or legal proceedings | Legitimate interest of Bandsintown to be able to demonstrate its compliance. |
Fans | ||
---|---|---|
Activity | Purpose | Legal basis |
1 | Allow access to fan’s Services as provided on the Platform and App | Contract (Terms of Use). |
2 | Allow the fan to complete his/her Profile as he/she wishes | Legitimate interest to provide the Fan with the possibility to amend and complete his/her Profile. |
3 | Allow the fan to RSVP and get alerts regarding events that interests him/her | Contract (Terms of Use). |
4 | Allow the fan to use the Services on the Platforms and get personalized contents, listen to his/her favourite music, share contents with friends, etc. | Contract (Terms of Use). |
5 | Allow the fan to upload his/her events to his/her device’s personal calendar | Contract (Terms of Use). |
6 | Allow the fan to publish and share content on the Platform | Contract (Terms of Use). |
7 | Allow the fan to participate and watch live streams of his/her artists on the Platform and App | Contract (Terms of Use or other additional contractual documentation). |
8 | Allow the fan to purchase a ticket to watch live streams of his/her artists on the Platform and App | Contract (Terms of Use or other additional contractual documentation). |
9 | Communicate with the fans depending on his/her settings on an artist’s news and events, news on Bandsintown, etc. | Consent of the fan. |
10 | Allow the fan to share reviews and/or photos of events on an artist’s page | Contract (Terms of Use). |
11 | Allow the fan, where he/she wants, to upload a credit card on the App to ease payments on the App (e.g. when purchase a pay-per-view live stream) | Legitimate interest of Bandsintown to smooth the user experience on the App. |
Artists / Managers | ||
---|---|---|
Activity | Purpose | Legal basis |
1 | Allow access to artist’s Services as provided on the Platform and App | Contract (Terms of Use). |
2 | Allow the artist to complete his/her Profile as he/she wishes | Legitimate interest to provide the artist with the possibility to amend and complete his/her Profile. |
3 | Allow the artist to communicate with his/her fan, edit marketing campaigns, publish new events on the Platforms and App, etc. | Contract (Terms of Use or other additional contractual documentation). |
4 | Allow the artist to live stream performances on the Platforms and Apps | Contract (Terms of Use). |
5 | Allow the artist to ask for fan’s support for several matters that he/she determines | Contract (Terms of Use). |
Promoters | ||
---|---|---|
Activity | Purpose | Legal basis |
1 | Allow access to promoter’s Services as provided on the Platform and App | Contract (Terms of Use). |
2 | Allow the promoter to complete his/her Profile as he/she wishes | Legitimate interest to provide the promoter with the possibility to amend and complete his/her Profile. |
6. Recipients of your Personal data
Bandsintown’s liability in cases of onward transfers to third parties: Bandsintown remains responsible for the processing it carries out on your Personal data, as the Data controller. Where your Personal data is communicated to recipients described below, Bandsintown undertakes to ensure that these recipients comply with data protection regulations and respect your right to privacy.
For instance, with processors, partners, or artists, Bandsintown enters into data processing agreements and/or Standard Contractual Clauses (where necessary and as published by the European Union) to safeguard the processing of your Personal data.
In doing so, Bandsintown also commits these recipients to ensure the protection of your Personal data when it is further transferred (e.g. to one of their sub-processor). Henceforth, these recipients are liable towards Bandsintown regarding the security and confidentiality of your Personal data at all stages of the processing they carry out.
However, please note that for activities carried out outside the Platforms and Applications (e.g. if you are redirected on a third-party platform or application), Bandsintown will no longer act as Data controller. Therefore, you must refer to such third-party’s data protection policy to know more about their commitments and your rights.
6.1 Internal recipients – your Personal data will only be disclosed to authorize employees that require an access to fulfill their missions (e.g. support teams, developers, etc.). Our employees are specifically trained and made aware of the sensitivity of your Personal data and the requirements necessary to ensure the protection of your right to privacy.
6.2 Bandsintown entities – your Personal data may be disclosed to other Bandsintown owned entities in order to provide you with tailored, Services and communications or in accordance with our practices. Such entities are as follow:
• Bandsintown Group, Inc., and its subsidiaries.
6.3 Processors – in order to provide the Services, Bandsintown may communicate your Personal data to other entities acting as data processors:
• Amazon Web Services, Google, Braze, SendGrid
6.4 Partners and third parties – in order to provide the Services, Bandsintown may communicate your Personal data to third party service providers, for example when you purchase a ticket and are redirected on a third-party website (e.g., Ticket master). These partners and third parties are acting as Data controllers and have their own Privacy policies, which you should carefully read if using their services:
• Social networks or musical networks (e.g. Spotify, Facebook) to offer you the possibility to register on the Platform with your account on such networks and/or sync your accounts to these networks with your Profile.
• Ticket purchasing platforms (e.g., Ticketmaster, etc.) when you click on a link to purchase tickets for an event through the Platform.
6.5 Artists and their teams – Users’ Personal data may be used by the artists and their teams (e.g. manager, representatives, agents, advertisers, etc.) on Bandsintown. This works for example when a fan or other User subscribes to receive an artist’s news and updates, to receive alerts regarding an event, purchases or registers to watch live stream performances, etc. Users’ Personal data may also be communicated when a User clicks on a link and is therefore redirected to the artist’s website.
6.6 Other Users – by sharing your Personal data on the Platforms and Apps, other Users may have access to your Profile and other Personal data that you may share, such as messages shared on the Platform or App, etc.
6.7 Judicial, administrative and other public authorities – Bandsintown may have to share or disclose some of your Personal data if it is required to do so by the law, by a request meaning from a competent authority., to comply with a court order, to obtain legal remedies or defend Bandsintown’s rights, to contribute with investigations (e.g. fraud, identity theft, etc.).
6.8 Corporate transactions or events – Bandsintown may disclose some of your Personal data in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where the Personal data may be disclosed or transferred as one of our business assets.
7. Location of your Personal data
You are informed that your Personal data shared on the Platforms and Apps are processed by Bandsintown LLC and stored in the United States.
Bandsintown LLC and its affiliated US entities adhere to the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Bandsintown LLC and its affiliated US entities have certified to the Department of Commerce that they adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/welcome.
If you have any inquiries or complaints about our privacy practices, please contact us at: [email protected]. We will respond to your inquiry promptly. Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Bandsintown Group, Inc.’s internal processes, Bandsintown Group, Inc. has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/. If neither Bandsintown nor VeraSafe resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, visit here.
You can review our Privacy Shield registration here. Bandsintown LLC and its affiliated US entities are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Where required by European regulations, especially the GDPR, Bandsintown may enter into the European Commission Standard Contractual Clauses for eventual transfers of your Personal data to recipients located in or outside of the European Economic Area.
8. Your rights regarding your Personal data
The GDPR and the CCPA, where applicable, give Users certain rights related to the use of their Personal data by Bandsintown, such as:
• The right to access your Personal data, meaning the right to be informed on which of your Personal data is processed by Bandsintown and request a copy of such Personal data.
• The right to rectify your Personal data held by Bandsintown that would not be accurate.
• The right to ask for the erasure of your Personal data held by Bandsintown.
• The right to restrict the processing of your Personal data by Bandsintown.
• The right to object to a processing of your Personal data carried out by Bandsintown.
• The right to withdraw your consent to a processing freely and at any time where you have given such consent to Bandsintown.
• The right to data portability, meaning that you can request a copy of your Personal data in a machine-readable format and the right to ask for your Personal data to be transferred to another party’s service.
• The right not to be subject to an automated decision-making, meaning the right not to be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on you or produces similarly significant effects.
• The right to opt-out of the sale of your Personal data. Please note that Bandsintown does not and will not sale your Personal data to any third-party.
• The right to non-discrimination when you exercise one of the above-mentioned rights.
The above-mentioned rights may be limited in scope by legal restrictions. If you request to exercise a right without ensuring that the conditions applicable for such rights are gathered, Bandsintown may not be able to respond positively to a request.
At any time, whenever a processing is based on your consent (such as your consent to receive news and other marketing communications), you may withdraw such consent at any time and free of charge. When receiving marketing communications and other news, you may directly “unsubscribe” at the end of each communication. Also, you may personalize your choices regarding marketing communications directly via your Profile and choose different settings regarding your privacy.
If you wish to exercise your rights, you may access a specific form by going to the footer of the Platform you visit and click on “GDPR/CCPA Privacy Request” or click directly here.
You can also choose to contact directly our DPO at the following address: [email protected]. If you choose to contact our DPO directly, please mention the subject of your request and other necessary details to allow for its management by our teams.
Regarding California residents (for whom the CCPA applies) - Pursuant to the California Civil Code and the CCPA, Bandsintown is not required to maintain or disclose a list of the third parties that received your Personal Data for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by filling out our form Privacy Request. All requests must be labeled “Your California Privacy Rights” on the form. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
When sending a request to exercise your right(s), Bandsintown may need to ask for a mean to verify your identity before actually processing your request. Bandsintown undertakes to take all appropriate measures to ensure that it responds to your request(s) as efficiently as possible and under legal time limits set by the GDPR.
When sending a request to exercise your right(s), Bandsintown may require you to pay “reasonable fees” related to the administrative costs incurred to answer to your request if it is deemed to be manifestly unfounded or excessive.
9. Applicable data retention periods
In order to ensure your privacy, it is not possible for Bandsintown to retain your Personal data indefinitely. We have worked on establishing proportionate data retention periods for your Personal data, adapted to the processing that we carry out.
In general, we will keep your Personal data related to your Profile on the Platform(s) and App(s) as long as you use our Services and in order to ensure their performance. We may also keep your Personal data for adequate periods of time to ensure that we comply with our legal obligations.
Your Personal data used for marketing purposes (such as sending you newsletters, marketing content, etc.) is kept for three years from your last contact with Bandsintown or until you withdraw your consent or object to such reception of marketing communications. After the retention period, your Personal data will be destroyed or anonymized according to Applicable Data Protection Laws.
Your Personal data related to the proof of validity of consent will be kept for five years from the collection of your consent and in intermediate archiving (i.e. meaning that the access to such data is subject to authorization or specific access rights).
Finally, some of your Personal data may also be kept for a longer period of time, in intermediate archiving, to allow for the management of claims and/or litigations related to Bandsintown.
10. Security and confidentiality
Bandsintown has implemented organizational and technical security measures to ensure the confidentiality and integrity of your Personal Data. These include administrative, organizational, technical and physical measures designed to protect your Personal Data from loss, theft, unauthorized access, unauthorized transmission, modification, or destruction. In all cases, Bandsintown will assess the nature of the security measures to implement depending on the nature of Personal data processed and the risks incurred by the processing.
The collected data is stored in a confidential manner and protected at a very high level of security. The servers where this Personal data is stored complies with security standards currently in force. They are protected against cyber-attacks and physical attacks.
However, despite these efforts, Bandsintown cannot guarantee the infallibility of this protection because risks may inevitably arise during the transmission of Personal data. No method of transmission over the Internet or via mobile devices, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security. You should take certain steps to protect your Profile and Personal Data as well, such as by choosing a strong password and keeping such password private, and logging out of your Profile when you are finished using it. Please read your applicable Terms of Use to learn more about the steps you should take to ensure the security of your Profile.
We are not responsible for protecting any Personal Data that we share with a third-party based on an Profile connection that you have authorized. Bandsintown will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.
11. Links to third-party websites and Services
The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including third-party advertising providers and third-party platforms. The Services may also feature advertisements from other third parties. Bandsintown is not responsible for the privacy practices or the content of such third-party services.
For example, Users may be redirected to third-party websites when clicking on smart links inserted on messages published on the Platforms and Apps, when purchasing tickets for an event, when clicking to be redirected on an artist/venue website, etc.
Any information you provide via those services is subject to the applicable privacy policies of such third-party services and is not covered by this Privacy Policy.
12. Use of cookies
When you visit our Platforms and Apps, use our Services, or visit a third-party website for which we provide online services (such as the artists websites in some instances), we and our business partners and vendors may use cookies and other tracking technologies to customize and improve your user experience, the Services you use, and other online content and advertising, measure the performances of promotions and establish analytics, etc.
Certain aspects and features of our Services are only available through the use of cookies and trackers, so if you choose to disable or decline them, your use of the Platforms, Apps and Services may be limited.
Please review our Cookie Policy here to learn more about how we use such cookies, why we use them and how you may change your privacy settings regarding such use.
13. Our practices regarding minors
Depending on your country of residence, the age of majority to use information society services, such as the Platforms or Apps, may differ from 13 years old to 16 years old.
Our Platforms, Apps and Services are not directed towards minors, depending of the legal age of majority set in the User’s country of residence. Specifically for fans, the Terms of Use and the registering process provide for such prohibition and the fan confirms that he/she has reached the legal age of majority to use information society services in compliance with his/her country of residence.
If Bandsintown is made aware that it processes the Personal data of a minor, we undertake to promptly delete such Personal data. If you have reason to believe that we process Personal data from a minor, please complete the Privacy Request form so we can acknowledge this situation and react adequately.
For users in the United States, please also visit consumer.ftc.gov for information from the Federal Trade Commission about protecting children’s privacy online.
14. Useful contacts
If you have any questions, concerns, criticisms or feedback about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us via the below means. Although we urge you to contact us to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority.
Contacts:
• Email: [email protected]
• Data Protection Officer Email: [email protected]
• The form to exercise your rights: Privacy Request
• Mail:
Bandsintown, LLC
Attention: Legal Department
348 West 57th street, Suite 107
New York, NY, 10019
Phone: +1 (888) 914-9661 Pin# 757 608 (Toll Free Number in the USA)
In compliance with Article 27 of the GDPR, Bandsintown has designated a representative established in the European Union.
Bandsintown's representative's main mission is to facilitate the communication between Data subjects and Bandsintown, in order to make the exercise of Data subjects’ rights effective.
Moreover, the representative performs its tasks according to the mandate received from Bandsintown, including cooperating with the competent supervisory authorities with regard to any action taken to ensure compliance with the GDPR.
In practice, this means that a supervisory authority would contact the representative in connection with any matter relating to the compliance obligations of Bandsintown, and the representative shall be able to facilitate any informational or procedural exchange between a requesting supervisory authority and Bandsintown.
Please find hereafter, the identity and the contact details of Bandsintown's representative:
Perspectives Lawfirm
Email: [email protected]
Address: 6, rue Halevy 75009 Paris, France.
15. Modification of this Privacy Policy
From time to time, we may modify this Privacy Policy to reflect industry initiatives, third-party requirements or changes in the law, technology, our practices regarding the collection of Personal data or the addition of new features and Services.
Such modifications shall be effective upon posting.
If we substantially change our Privacy Policy, we will notify you of such changes by posting them on Bandsintown or by sending you an email or other notification.
We advise you to regularly take a look at this Privacy Policy in order to have a full understanding of how your Personal data is used.