Jamendo Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Jamendo Privacy Policy explains to You, user of one or several services from the Jamendo Set of Services (as defined below) either as an Artist (as defined below) or as a user of the Jamendo Music Service (as defined below) or as a Client (as defined below) or simply as visitor of www.jamendo.com (hereafter the “WebSite”), which data are processed by Jamendo (as defined below) when using Jamendo Set of Services or visiting our WebSite.

Modern information and communication technologies play a fundamental role in the activities of an organization like Jamendo.

Jamendo’s main activities consist in providing the following set of services (“Jamendo Set of Services”): (i) an online platform where music creators and performers (the “Artists”) can upload music works (the “Works”) under Creative Commons licenses which visitors and users can listen to via streaming or download free of charge on the WebSite as well as through mobile applications (the “Jamendo Music Service”); (ii) offering Artists the possibility to be remunerated by licensing their Works on a commercial basis through the Jamendo licensing service enabling customers (the “Customers” or “Clients”) to purchase licenses for different uses such as, but not limited to, background music for points of sale or synchronisation with video content (the “Jamendo Licensing Service”). The Jamendo Set of Services also include communications intended to its users, Artists and Customers particularly administrative messages, newsletters pertaining to the Jamendo Set of Services and forums/blogs.

1. Identification of the WebSite and its operator

The WebSite and the Jamendo Set of Services are provided by Jamendo S.A., a company incorporated under Luxembourg law, with registered office at 51 Rue de Strasbourg, L-2561 Luxembourg, Luxembourg, and registered with the Trade and Companies Register of Luxembourg under number B104301, its affiliates, successors, parents, subsidiaries, assigns and licensors (“Jamendo”). Jamendo is the data controller for the data processing activities occurring in relation to the use of the Jamendo Set of Services and/or visits of the WebSite.

You can address Your question regarding the Jamendo Privacy Policy and the processing of Your data to the following e-mail address: privacy@jamendo.com. This Jamendo Privacy Policy applies to all the Jamendo Set of Services available on the WebSite.

2. What Personal Data Jamendo collects

A “Personal Data” is any information relating to an identified or identifiable natural person.

Personal Data are collected and processed notably in the following cases:

• when You create a Jamendo account on the WebSite as a user of the Jamendo Music Service, Jamendo collects the following categories of Personal Data: username, password,
• once this account is created, you can
  • use Jamendo Music Service, in this case the following can be collected: first and last names, email address, display name (pseudo or not), birthdate, gender, address (country and city) and language, display name (pseudo or not), portrait picture, cover picture; You may also create such Jamendo account by using Your Facebook account or Your Google account, in which case Jamendo collects Your first and last name, username and user id (a unique number or text associated to Your Facebook or Your Google account), email address, profile url and profile picture;
  • create an or several Artist profiles on the WebSite, in which case Jamendo collects the following categories of Personal Data: username, first and last names, email address, password, paypal email address, birthdate, birthplace, nationality, phone number, address (country, city, zip code, street name and number), location and language, display name (pseudo or not), portrait picture, Artist page cover picture, Artist self-description / biography, music preferences, social networks profile urls (e.g. Facebook, Twitter, Google+, Lastfm), personal website url, as the case may be and if the Artists so desires the first and last names and phone number and email address of a private contact person of his/her choice, first and last name as well as email address of any contributor (i.e. any other member of the music band as the case may be), track/album credits, history of transactions when Artist has opted for Jamendo Licensing program (i.e. track of all payments the Artist receives from licensing his/her music through Jamendo Licensing, together with the related e-mails), e-mails sent by an Artist to his/her fans;
• when You create a Jamendo account on the WebSite as a Client (on the page licensing.jamendo.com), Jamendo collects the following categories of Personal Data: email address, password; You may also create such Jamendo account by using Your Facebook account or Your Google account, in which case Jamendo collects Your first and last name, username and user id (a unique number or text associated to Your Facebook or Your Google account), email address, profile url and profile picture;
• when You purchase a product or service as a Client on the WebSite (on the page licensing.jamendo.com), Jamendo collects the following categories of Personal Data (in case the Client is a legal entity, that of the contact person): first and last names, email address, genre, phone number, country, billing address, payment method (credit card, wire transfer,…), credit card number, credit card holder’s name, purchases history, emails (including their content) relating to the purchases made;
• When You already have an account on the WebSite and You decide to use Jamendo Referral program (which may also be called “Affiliation”) giving You the possibility to recommend / refer persons You know to Jamendo Set of Services and offering You rewards for doing so as well as offering the persons You have referred a discount on the price of their first purchase on the WebSite, Jamendo collects the following categories of Personal Data (on top of the Personal Data already collected at the account creation stage as aforementioned): paypal email address, a promocode containing the first letter of Your firstname followed by Your last name email address, history of transactions made under Your name and email address, email address(es) of the persons You refer to Jamendo to invite them to purchase from Jamendo Set of Services (email addresses that are either entered by You directly in the proposed field or imported and selected by You from your Gmail / Yahoo / Outlook contacts list should You choose this option offered by Jamendo);
• when You contact us on the Jamendo Music page of the WebSite, Jamendo collects the following categories of Personal Data: email address, content of Your request and any Personal Data You may mention therein;
• when You contact us on the Jamendo Licensing page of the WebSite (licensing.jamendo.com), Jamendo collects the following categories of Personal Data: first and last names, phone number, email address, content of Your request and any Personal Data You may mention therein;
• when You surf on the WebSite as a visitor, Jamendo collects the following categories of Personal Data: IP address, the songs You listen to;
• When required by national legislation, Jamendo can in certain specific cases ask for a government issued ID as required by Your national tax laws.

Please note that for the purpose of the collection process You may be invited to fill in a form / forms where certain fields in bold or possibly followed by an asterisk (*) must be filled in to enable Jamendo to supply the Jamendo Set of Services requested. Other fields are optional. The optional fields are exclusively intended to let Jamendo contact You quickly if this proves necessary or to better identify Your fields of interest in order to send you information corresponding to them.

3. How Jamendo uses Your Personal Data and on what legal basis?

The purposes for which Jamendo collects Your Personal Data depend on whether You made a simple visit to the WebSite or filled in a form on the WebSite to benefit from Jamendo Set of Services. The categories of Personal Data collected by Jamendo will be those that are strictly necessary for the processing purposes described below.

The Personal Data Jamendo collects and processes when You register on the WebSite is exclusively that which is needed to provide the Jamendo Set of Services and for which You have entrusted Jamendo to do so. No sensitive data is requested, nor collected by means of other databases. The legal basis for this processing is the necessity to execute the agreement between You and Jamendo for the provision of the Jamendo Set of Services.

Jamendo may also collect and process Personal Data to keep You posted on Jamendo latest product or services releases, software updates, and upcoming events by email. The legal basis for this processing is Your consent (email marketing “opt-in”). In addition, Your e-mail address may also be used to send you offers for products or services which may be of interest to you, as authorized by law (i.e. if You are a client of Jamendo, have provided us with your email address in the framework of the purchase of a product or service, our email communications relate to analogous products or services as those already purchased, and you haven’t opted-out to receiving such communications – “soft opt-in”). If You don’t want to receive the Jamendo newsletter, You can opt to unsubscribe at anytime, free of charge and without having to provide any justification (“opt-out”).

Jamendo may also send You a hard-copy newsletter at the postal address You provided Jamendo with. The legal basis for this processing is the legitimate interests of Jamendo, namely to market the Jamendo Set of Services to its users. You may always unsubscribe from those newsletters by following the guidelines included in those newsletters.

If You communicate Your phone number to Jamendo, this means that You accept to receive a phone call from Jamendo or from one of our affiliated partners. If You do not wish to receive such phone calls any longer, contact Jamendo at privacy@jamendo.com.

Jamendo also uses Your Personal Data to create, develop, operate, deliver, and improve its products, services, content as well as for other internal purposes such as auditing, data analysis and research. The legal basis for this processing is the legitimate interests of Jamendo, namely to improve its products, services and content in order to serve its customers in the most appropriate way.

Jamendo may use Your Personal Data to verify Your identity for billing purposes or if required for the provision of the Jamendo Set of Services. The legal basis for this processing is the necessity to execute the agreement between You and Jamendo for the provision of the Jamendo Set of Services as well as to comply with Jamendo’s legal obligations.

Jamendo may use Your Personal Data to send important notices, such as communications about purchases, subscriptions and changes to Jamendo’s terms and conditions or policies. The legal basis for this processing is the necessity to execute the agreement between You and Jamendo for the provision of the Jamendo Set of Services as well as to comply with Jamendo’s legal obligations.

4. Collection and use of non-Personal Data by Jamendo

Jamendo also collects data in a form that does not, on its own, permit direct association with any specific individual. Jamendo may collect, use, transfer, and disclose non-Personal Data for any purpose.

Jamendo may collect information such as language, zip code, area code, unique device identifier, referrer URL, location so that Jamendo can better understand customer behavior and improve its products and services.

For instance, when You make a purchase on the Website, Jamendo may collect Your IP address to automatically select the country of billing (including, as the case may be, by using a software).

Jamendo may collect and store details of how You use the Jamendo Set of Services. This data may be used to improve the relevancy of results provided by the Jamendo Set of Services.

If Jamendo does combine non-Personal Data with Personal Data, the combined data will be processed as Personal Data for as long as it remains combined, for the purposes set out in this Jamendo Privacy Policy.

5. Cookies 

Cookies are alphanumeric identifiers that we transfer to your computer/tablet/mobile phone’s hard drive through your browser to enable Jamendo’s systems to recognize your browser and tell us how and when pages in our site are visited and by how many people.

Cookies allow Jamendo’s WebSite to recognize you. The WebSite learns your preferences and automatically adjusts to your wishes. Cookies ensure that your visit of the WebSite is much faster and more enjoyable.

Cookies can also help with assessing the popularity of web pages or the average time spent during your visit. A cookie can also be used for commercial purposes.

For example, they can keep track of your areas of interest, so that you only see advertisements that may be of interest to you.

Subject to your choices recorded on your browser, any browsing on the WebSite may result in the recording of cookies, web beacons, your IP address, geolocation via IP address, connection and browsing information (referral URLs, advertising data, visit statistics, connection identifiers) in your terminal, enabling Jamendo to recognise your terminal's browser for the duration of the retention of this information.

Jamendo collects information about the pages you view, the links you click and other actions you take while browsing the WebSite.

Some anonymous cookies are deposited at the time of connection to the WebSite and used by Jamendo for statistical analysis.

The cookies we store allow Jamendo:

• • to establish statistics and volumes of traffic and use of the various elements making up the WebSite (sections and content visited, routes taken) enabling Jamendo to improve the interest and ergonomics of its services;
  • to adapt the presentation of our WebSite to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to the WebSite, according to the hardware and software for viewing or reading that your terminal has;
  • to memorise information relating to a form that you have filled in on the WebSite or to services or information that you have chosen on the WebSite;
  • to allow you to access reserved and personal areas of the WebSite, such as your account, thanks to identifiers or data that you may have previously given us;
  • to fight against Internet fraud (prevention of payment fraud, identity theft, etc.).

You can configure your browser software so that, depending on your choice, cookies are stored in your terminal or, on the contrary, they are rejected. You can also configure your browser software so that you are asked to accept cookies from time to time before a cookie is saved on your terminal.

6. Protection of Personal Data - security measures

Jamendo takes the security of Your Personal Data very seriously. Jamendo implements policy, rules and security measures targeting the protection of Personal Data.

Jamendo diligently updates, corrects and eliminate Personal Data that are inaccurate, incomplete or irrelevant.

Jamendo warrants that, for persons acting under its authority, access to Personal Data and the possibilities for processing these Personal Data are limited to what is needed by these persons for the exercise of their duties.

Jamendo informs persons acting under its authority of the provisions of European and Luxembourg Data Protection and Privacy laws, as well as any relevant requirements concerning protection of privacy in the processing of Personal Data.

Jamendo ascertains compliance of programmes used for automatic processing of Personal Data and monitors the regularity of their application.

Jamendo ascertains that any person who has access to Personal Data can only process such Personal Data on instructions of Jamendo, except in the case of an obligation imposed by or in virtue of the law, a decree or a court order.

 Jamendo takes the necessary technical and organizational measures to safeguard against accidental or unauthorized destruction, accidental loss and modification, access or any other unauthorized processing of Personal Data.

These measures ensure an adequate level of protection in view, on one hand, of the state of techniques in the field and the costs entailed for the application of these measures and, on the other hand, of the nature of the Personal Data to be protected and the potential risks.

7. When is Personal Data processing entrusted to a subcontractor and when are Personal Data disclosed?

You acknowledge that Jamendo may disclose Your Personal Data to its subcontractors for the above-mentioned purposes, both inside and outside the European Economic Area. You acknowledge that this may involve transfers of Your Personal Data to countries that do not provide an adequate level of protection. Appropriate contractual measures will be taken to ensure the security of Your Personal Data in compliance with the applicable privacy and personal data protection legislation. Jamendo will always choose a subcontractor that provides sufficient guarantees with regard to technical and organizational security measures concerning data processing.

Jamendo may also transmit Personal Data upon request of a judicial or administrative authority by virtue of applicable law.

8. Duration of retention of Personal Data

Jamendo stores your Personal Data only for as long as it is necessary for the fulfillment of the purpose for which it was collected, unless otherwise required or authorized by applicable law. Jamendo takes measures to destroy or permanently de-identify personal data if required by law or if the personal data is no longer required for the purpose for which we collected it.

Some anonymised data may be kept thereafter exclusively for statistical purposes.

9. Your rights

You can ask to Jamendo, by sending an e-mail to privacy@jamendo.com whether Jamendo processes some of Your Personal Data.

You can also access and help Jamendo ensure Your contact information and preferences are accurate, complete and up to date by logging in Your Jamendo account if You have created one.

You can (i) ask Jamendo to provide You with a copy of Your Personal Data, (ii) request that Jamendo corrects Your Personal Data if it is inaccurate or, in some cases, delete Personal Data unless Jamendo has a legal obligation to retain some Personal Data .

You also have the right to ask for the restriction of the processing or to object to the processing of Personal Data relating to You as well as the right to data portability (as the case may be). When applicable, You have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent made prior to such withdrawal.

You can lodge a complaint with a supervisory authority (in particular in the Member State of the European Union of Your usual place of residence, place of work or the place where the violation occurred) if You consider that the processing of Personal Data related to You infringes the data protection legislation. 

Please note that access, modifications, corrections, deletion requests can be made usually through Your Jamendo account or at privacy@jamendo.com. Jamendo can request in some cases proof of Your identity (copy of identity card or passport) to be sure to respect Your Personal Data and not to send them to a wrong person.

Newsletters, e-mails that You receive will always include the possibility to unsubscribe from the receipt of any message in the future.

10. Others

This Jamendo Privacy Policy shall not restrict the rights that Jamendo may have with regard to any natural person in virtue of specific agreements or other piece of legislation.

Jamendo may update its Jamendo Privacy Policy from time to time. When Jamendo updates its Privacy Policy, a notification will be posted on the WebSite at the occasion of Your connexion to the WebSite.

Last version updated on October 12, 2024