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 Poli`cy 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, paypal, 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 such as GeoLite2 created by MaxMind, available from https://www.maxmind.com).

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

Jamendo may use ʻCookiesʼ to help better understand user behaviour. A cookie is a small text file that is sent on Your computer or other device and stored on Your hard drive or device memory. Jamendo is using the following cookies to keep records of Your visits, to better tailor your future visits to Your preferences and generally to improve Your navigational experience. In using these cookies, Jamendo deliver a more personalized experience on the WebSite.

In the framework of the use of the WebSite, cookies may be placed on Your computer or other device to collect both anonymous data and Personal Data related to You as specified in this Jamendo Privacy Policy.

When You visit the WebSite for the first time, information on privacy and wording regarding the consent to the use of cookies will appear through a “cookie banner”. If You continue to actively use the WebSite and do not actively object to the use of cookies, You agree to Jamendo’s use of cookies and such consent will be stored in Your browser, so that the information of the “cookie banner” does not have to be repeated on every page of the WebSite or at Your next connection. In the event that Your consent would no longer be registered in Your browser (e.g. in case of suppression of the cookies), the “cookie banner” will appear again the next time You visit the Website.

Jamendo installs and uses certain technically required cookies on Your computer or other device which do not require Your prior consent. Other cookies (such as cookies to improve the navigational experience by keeping record of certain data (this avoids You having to reintroduce such data at each connection) and by tailoring the content of the WebSite to Your preferences) may be installed and used on the basis of Your consent. You may, at any time, delete or block cookies in Your browser parameters. However, in such case, some functionalities of the WebSite requiring the use of cookies may no longer be available to You.

Jamendo uses analytics cookies to gather general information on how users use the WebSite (e.g. which pages they visit most frequently). These cookies do not collect any data that may lead to an identification of the users. All information collected with the aid of such cookies exclusively serves the purpose of understanding and improving the functionality of the WebSite. Jamendo uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information regarding Your use of the WebSite generated by the use of Google Analytics is usually transmitted to and stored on a Google server in the USA. However, the code “gat._anonymizeIp();” has been added to Google Analytics on the WebSite to ensure anonymous recording of IP addresses, known as “IP masking”. Google IP address anonymization on the WebSite truncates Your IP address within the European Union and European Economic Area territories. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. Google will use this information on Jamendo’s behalf to analyze Your use of the WebSite, compile reports on Website activity and provide other WebSite and internet usage-related services. The IP address transmitted by Your browser as part of Google Analytics is not merged with other Google data. You can prevent data generated and recorded by the cookie concerning Your use of the WebSite (including Your IP address) from being sent to Google and prevent the processing of this data by Google by downloading and installing the browser plugin available via the link https://tools.google.com/dlpage/gaoptout. Additional information on the Terms of Use and Data Privacy Policy of Google Analytics may be found at https://www.google.com/analytics/terms/ and https://www.google.com/policies/privacy/partners/.

The table below lists the first-party and third-party cookies used by Jamendo on the WebSite:

Cookie Name	Description	Validity	Cookie Type
_ga	Google Analytics cookies used to: identify unique users identify unique sessions	2 years from the date it was last refreshed	third party
_gid	identify unique users	24 hours	third party
_gat	Throttle the request rate	10 minutes	third party
jamAcceptCookie	Remembers whether the user accepted cookies to avoid that the cookie banner reappears at every session	390 days	functional
FlashMessageError	Contains an error message to display	500 seconds	functional
jamsession	Identifiant de session	30 days	functional
jamuserid	User id	60 days	functional
facebookplay	Authorized or not to trigger a facebook event to say this user is playing a song	60 days	functional
jamhasaccount	To know if the visitor has a Jamendo account	14 days	functional
jamcart	Last datetime of the cart update	60 days	functional
jamsignup	Hash key to identify the user	60 seconds	functional
FlashMessageInfo	Contains a message to display	60 seconds	functional
FlashMessage	Contains a message to display	60 seconds	functional
jamPopup	Contains a message we want to display in a popup	300 seconds	functional
jamadobeplugin	Used to know if the user browses the website with the Jamendo Adobe plugin	30 days	functional
jamlang	The user language	30 days	functional
jamloc	The user locale	30 days	functional
jamdiscoverHP	Define Website Homepage	2 days	functional
jamBannerPromocodeData	Data to display some promotions	1 day	functional
app_hash	Application identifier	Session duration	functional
jammusicconnection	user id when logged in	Until logged out	functional
jamapplication	Used during layout rendering. No used data stored or associated with it.	7 days	functional
jammusiclang	language chosen by user or "en" for English	1 month	functional
jammusicsession	identify a recurring user, both when logged in and logged out	1 year	functional
jammusicme	Used to store data during social connect.	1 day	functional
jammusicmessage	Used to store data during social connect. Specifically, this stores info messages we show to the user during the social connect procedure.	1 day	functional
jammusicsocial	Used to store data during social connect.	1 day	functional
jammusictoast	Used to store which toast message was last shown. Useful to re-open the toast message, even after a page reload.	1 day	functional
jamversion	Used by old landing page to show the same image to returning users. Currently not in use.	1 day	functional

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

The Personal Data collected will be erased six (6) months after You unsubscribed from the Jamendo Set of Services for which You have registered on the WebSite, unless Jamendo has a legal obligation to retain some Personal Data for a longer period of time.

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. Contact details of Jamendo’s Data Protection Officer

Contact details to be completed should Jamendo designate a DPO.

11. 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 23, 2019