PRIVACY POLICY

BANDSINTOWN, LLC


Privacy Policy for Tonefuse and Clickfuse platforms and websites

1. Introduction


Welcome to Bandsintown! Whether you are a publisher, an advertiser or any individual visiting our Platforms or website, 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”) may process your Personal data, with whom they 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.

Additionally, as we are subject to the provision of the California Consumer Privacy Act of 2018 (“CCPA”), this Privacy Policy will also take into consideration the specificities of the CCPA, which benefits only California residents.

This Privacy policy applies to the Personal data we collect, use and/or communicate through the use of our Services, meaning the use of Tonefuse and Clickfuse platforms and applications.

This Privacy policy will remain in full force and effect for the duration of your use of the Services 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:

Advertiser: means the professional who creates digital advertising content related to its services and products and wished for Publishers to publish it on their websites.

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.

Website: means the Tonefuse website accessible by any individual at https://www.tonefuse.com/

Platforms: means Tonefuse and Clickfuse platforms, accessible when a User is logged in on its professional environment through https://publishers.bandsintown.com/login, https://cp.tonefuse.com/login or https://clickfuse.com/login.

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 has registered on a Platform.

Publisher: means the professional whose services related to the distribution and/or broadcast of the advertising content created by the Advertisers on its websites.

Services: means all functionalities and features made available by Bandsintown to the Users through the Platforms and Website.

User: means any visitor or registered individual on the Website and Platforms, including Publishers and Advertisers.

All other capitalized terms not specifically defined in this Article shall take the meaning given to them by Article 4 of the GDPR.

3. Description of the Platforms


The Platforms and Website are edited by BANDSINTOWN Group Inc., a corporation organized and existing under the laws of the US, with its principal office located at 8 W 36th Street, New York, NY 100018.

The Tonefuse Platform offers a wide range of Services for Publishers to install and promote a musical listening widget on their websites and redirect their users and visitors on musical streaming platforms (e.g. Amazon music, Spotify, Apple music, etc.).

The Clickfuse Platform offers a digital environment to connect Advertisers and Publishers. Advertisers may upload their advertising content for Publishers to display on their websites.

The Platforms, Website and Services are only targeting professional Users.

4. Identification of the Data controllers


The Platforms and Website are edited by BANDSINTOWN Group Inc., a corporation organized and existing under the laws of the US, with its principal office located at 8 W 36th Street New-York, NY 100018.

BANDSINTOWN Group Inc., Bandsintown LLC and other Bandsintown affiliates (“Bandsintown”) are acting as Data controllers for the processing of your Personal data as described below.

When logged on the Platforms, Advertisers and Publishers may access or process Personal data for the purposes of the Services. For such Processing of Personal data, which is not included in this Privacy policy, the Advertisers and Publishers are acting as Data controllers.

5. Categories of Personal data we collect about you


Depending on your status and activities on our Platforms and Website, we may collect different categories of Personal data directly from you, such as:

Visitors & Users (global)
Activity Categories of Personal Data
1. Visiting the Website and/or Platforms
  • Browsing data.
  • Data collected by the use of cookies when you consent to their use.
2. Using cookies according to the Cookie Policy
  • Browsing data.
3. Contacting Bandsintown support teams (Tonefuse Performance Contact Us form)
  • Contact data.
  • Content of your request.
4. Allowing the visitors and Users to exercise their data protection rights
  • Identification data.
  • Contact data.
  • Content of your request.
  • Data necessary to reply to the request addressed to Bandsintown.
5. Establishing statistics related to the performance of the Platforms and Website
  • Aggregate data.
  • Browsing data.
6. Complying with legal requests or manage litigation
  • Data necessary to prove Bandsintown’s compliance to its obligations and/or manage legal proceedings.
Publishers
Activity Categories of Personal Data
7. Registering and using Clickfuse and/or Tonefuse accounts
  • Full name, Email, Password, Company Name, Address, City, State, Zip Code, Country, Phone Number, Skype ID, Payment Name, Payment Method, Payment Email, Site Name, Site Daily Visitors, Site Domains
8. Receiving payment / invoicing
  • Contact data and billing information
9. Receiving / consulting reporting
  • Performance data
10. Receiving newsletters from Bandsintown
  • Contact data
Advertisers
Activity Categories of Personal Data
11. Registering and using of Clickfuse accounts
  • Full name, Email, Password, Company Name
12. Receiving invoices for content broadcasted
  • Contact data and billing information
13. Receiving / consulting reporting
  • Performance data
14. Receiving newsletters from Bandsintown
  • Contact data

6. 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 Website Legitimate interest of Bandsintown to edit a public Website.
2 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.
3 Responding to the User’s request for information related to the Services offered by Bandsintown or request for assistance Legitimate interest of Bandsintown to offer its Users a mean to contact support teams. Contract with User if registered on the Platforms (i.e. specific Terms of Use).
4 Managing the request(s) of the Users related to their data protection rights Legal obligation of Bandsintown, especially regarding GDPR and CCPA compliance.
5 Enhance and improve the Services, Platforms and Website Legitimate interests of Bandsintown to offer optimized Services.
6 Justifying and demonstrating 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.
Visitors & Users (global)
Activity Purpose Legal Basis
7 & 10
  • Allowing access to the Services through the Platforms
  • Allowing for the creation and completion of a profile on the Platforms
Contract with Publishers or Advertisers
8 & 11
  • Allowing for the invoice or payment according to the Services
Contract with Publishers or Advertisers
9 & 12
  • Allowing for the creation of statistics and reporting (e.g. reporting on ad requests, impressions, etc.)
Contract with Publishers or Advertisers
10 & 13
  • Allowing Publishers and Advertisers to receive news about the Services and Bandsintown
Legitimate interest of Bandsintown to send commercial offers and other news about the Services

7. Recipients of your Personal data


7.1 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.

7.2 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:

7.3 Processors – in order to provide the Services, Bandsintown may communicate your Personal data to other entities acting as data processors:

7.4 Partners and third parties – in order to provide the Services, Bandsintown may communicate your Personal data to third party service providers. These partners and third parties are acting as Data controllers and have their own Privacy policies:

7.5 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.).

7.6 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.

8. Location of your Personal data


You are informed that your Personal data shared on the Platforms and Website is processed by Bandsintown LLC and stored in the United States.

Bandsintown LLC and its affiliated US entities continue to 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: privacyshield@bandsintown.com. 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.

9. 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 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.

When receiving newsletters or commercial communications from Bandsintown, you may directly “unsubscribe” at the end of each communication.

If you wish to exercise your rights, you may access a specific form by clicking here or emailing support@tonefuse.com.

You can also choose to contact directly our DPO at the following address: dpo@bandsintown.com. 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.

10. 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 Platforms 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 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.

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.

11. 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.

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.

12. 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 Website, 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.

13. Use of cookies


When you visit our Platforms and Website, 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, Website 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.


Internet Advertising

Certain targeted advertisements that we (or a service provider acting on our behalf) display to you based on information about your online activities across websites and other interactive properties operated by third parties may include the “Ad Choices” icon or another mechanism to opt out of receiving interest-based advertisements.

We may collect data through sites to show you interest-based advertising, which enables advertisers to reach users based on their interests and demographics (e.g., "concert goers"). We believe interest-based ads are more relevant to users and therefore provide a better experience. However, you can express a preference not to receive interest-based ads by clicking on the opt-out button below. Once opted out, we will no longer be able to serve interest-based advertising to your browser.

Opt Out

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:

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

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.