PRIVACY AND COOKIE POLICY
Last updated 3rd June 2020
WHO WE ARE
This privacy and cookie policy explains the data protection practices of Essential
Music & Marketing Limited, also known as The Orchard. Essential Music &
Marketing Limited is a company registered in England & Wales under company
number 04841569 with its registered office at The Lighthouse, 370 Grays Inn
Road, London WC1X 8BB. Essential Music & Marketing Limited is a wholly owned
subsidiary of Sony Music Entertainment. Where we refer to “Essential Music &
Marketing”, “The Orchard”, “us” or “we”, we mean Essential Music & Marketing
Limited (or any Sony Music Entertainment entity using your data in accordance
with this policy).
We are committed to protecting and respecting your privacy and the following sets
out the basis on which any personal data we collect from you, or that you provide
to us, will be processed. Please read the text carefully to understand our views
and practices regarding your personal data and how we will treat it.
KEY POINTS
- We use personal data to allow you to use the features in the website
content, to process your registration, and to provide you with requested
content related to our music and other offerings. - Our main and artist websites provide interactive features that engage with
social media sites, such as Facebook and Twitter. If you use these features,
these sites will send us personal data about you. - Most of our content is not designed for children. We do not knowingly collect
personal information of children under the age of 13 and may ask for your
age before you can sign up to newsletters or use our content. - If you give us permission, we will send you news and promotional material
about The Orchard, including our artists. You can change your mind about
this at any time and ask us not to process your personal data for direct
marketing purposes, including profiling related to direct marketing. This
policy also explains when we process personal data for our legitimate
interests. You can ask us to stop processing this data. Click here to learn
more about your wider data protection rights and how you can exercise
them. - We disclose your personal data publicly when you post content via our sites
or apps. We disclose personal data when you agree that we can share data
with business partners or other Sony group companies. We also share data
with artists where you consent to marketing and third parties we engage to
process data on our behalf or when such sharing is required by law, or in
certain other situations. - We may transfer certain personal data to the United States and to other
countries outside the EEA. - We use cookies and other tracking technologies to personalise content and
advertising and to make our content function better. To learn about our use
of tracking technologies click here.
A SPECIAL NOTE TO CHILDREN UNDER 13 YEARS OF AGE
YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER WITH OUR SITE.
PLEASE DO NOT REGISTER IF YOU ARE UNDER 13 YEARS OF AGE.
A SPECIAL NOTE TO PARENTS
While we do not knowingly allow registration by children under the age of 13,
parents should supervise their children’s online activities and consider using
parental control tools available from online services and software manufacturers
that help provide a child-friendly online environment. These tools can also prevent
children from disclosing online their name, address, and other personal
information without parental permission.
HOW WE COLLECT YOUR DATA
We may collect and process personal data relating to you by you providing such
personal data by filling in forms on our site or by you contacting us. This includes,
but is not limited to, information provided at the time of registering to use (or
become a member of) our site, subscribing to any services (e.g. newsletters),
purchasing downloads, posting material or requesting further services.
By using cookies and other tracking technologies
In addition, we use technology on our website to collect information that helps us
to enhance your online experience, measure our audience and provide you with
tailored advertising. We refer to this technology as “cookies” throughout this policy
but this is intended to cover all similar technologies including web beacons, log
files, pixel tags, gifs (also described below). We use our own and third party
cookies to collect the information we require. For more information see “cookies
and other tracking technologies” below.
Sometimes we receive information about you from third parties. For example, if
you use a “like” or a “share” button for a feature on our sites or apps, then the
third party will share information with us. If you participate in activities on other
sites or apps – such as participating in a Facebook application – you may allow us
to have access to personal data held by Facebook, or other site or app owners.
If we provide online services to a child where we need parental consent for this,
we may ask for a parent’s email address in order to ask for consent.
HOW WE USE YOUR DATA
We use personal data collected via our content:
(1)To fulfil a contract, or take steps linked to a contract;
- a. To process your registration on one of our websites or apps, or entry
to any competition we run.
b. To send you information about changes to our terms or policies.
(2)Where this is necessary for purposes which are in our, or third
parties’, legitimate interests. These interests are:
- a. To provide you with access to content and features in the sites and
apps.
b. To send you information you have requested.
c. To ensure the security of our sites and apps by trying to prevent
unauthorised or malicious activities.
d. To enforce compliance with our terms of use and other policies and
to help other organisations (such as copyright owners) to enforce
their rights.
e. To tailor content, advertisements and offers for you.
(3)Where you give us consent:
- a. Where you ask us to send marketing information to you via a medium
where we ask for your consent (for example, email marketing).
b. Where you allow us to share your data with third parties so they can
send you marketing, such as artists.
c. Where you give us consent to place cookies and to use similar
technologies.
d. On other occasions where we ask you for consent, for a purpose
which we explain at that time.
(4)For purposes which are required by law:
- a. Where we need parental consent to provide online services to
children under 16, or the relevant age below which parental consent
is required. However, our sites and apps are not generally designed
for children under 16.
b. In response to requests by government or law enforcement
authorities conducting an investigation.
HOW WE SHARE YOUR DATA
Subject to the other terms of this policy, we may share your personal data with
the following:
(a) Group companies
We may share your personal data with our affiliated or group companies worldwide
for the purposes listed above. Where you give your permission via the registration
process, we will also share your personal data with other Sony affiliates for them
to use for direct marketing.
(b) Artists
Where you have consented to direct marketing, we may also share your personal
data with those artists (and their management companies) that you have
expressed an interest in, who may then use your data to keep you updated with
information about them.
(c) Other third parties
We may transfer or assign personal data to third parties in connection with the
sale, merger, consolidation, change in control, transfer of substantial assets,
reorganisation or liquidation of Essential Music & Marketing Limited, or any part
of it.
We may share with others, at our discretion, certain aggregate statistical data
about purchases and the use of our content, which data may include demographic
data such as the age range and/or geographic location of groups of users. No
personal data (such as names or email addresses) will be identifiable from such
statistics.
(d) In special circumstances
We may disclose personal data in special cases when we have reason to believe
that disclosing this data is necessary to identify, contact or bring legal action
against someone who may be causing injury to or interference (either intentionally
or unintentionally) with the rights or property of those described above in
paragraph (a) or (b). Personal data may be shared with government authorities
and/or law enforcement officials if required for the purposes above, if mandated
by law or if required for the legal protection of our legitimate interests in
compliance with applicable laws.
If you submit content to a site or app this will be disclosed publicly.
(e) Suppliers
If you register for a promotion, such as a competition, prize draw or contest, which
is administered by a third party, your personal data will be disclosed to the
organiser for them to administer the promotion. This may also mean that your
personal data will be included in a winners’ list.
We share data with third parties who perform functions on our behalf, such as
hosting or operating our site and apps, sending e-mails, and carrying out data
analysis.
INTERNATIONAL TRANSFER
The data that we collect may be transferred to, and stored at, a destination within
the United States or some other country outside the European Economic Area
(“EEA”). For instance, if any of our, or any of our EEA-based service providers’,
servers from time to time are located outside the EEA; if one of our service
providers or suppliers is themselves located in a country outside the EEA; or if we
share your data (in accordance with the ‘How we share your data’ section above).
Where information is transferred outside the EEA, and where this is to a
stakeholder or vendor in a country that is not subject to an adequacy decision by
the EU Commission, data is adequately protected by EU Commission-approved
standard contractual clauses, an appropriate Privacy Shield certification, or a
vendor’s Processor Binding Corporate Rules.
COOKIES AND OTHER TRACKING TECHNOLOGIES
What is a cookie?
Cookies are text files containing small amounts of information that are downloaded
to your device when you visit a website. Cookies are then sent back to the
originating website on each subsequent visit, or to another website that recognises
that cookie. Cookies are useful because they allow a website to recognise a user’s
device.
Cookies help us to improve our site and to deliver a better and more personalised
service, for instance by storing information about your preferences and allowing
us to recognise you when you return to our site. You may refuse to accept cookies
by activating settings on your internet browser. However, please note that if you
select such settings certain parts of our site may not work properly.
The information we collect may include IP addresses, browser version, number of
visits, which pages you access and your viewing preferences. Information on the
duration of the cookies that we use can be found here:
http://tools.sonymusiccreative.com/privacy/SME_UK_CookieGrid.pdf
We use the following categories of cookies on our website:
Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the website
and use its features, such as accessing secure areas of the website. Without these
cookies, services you have asked for, like any shopping basket items cannot be
provided. We don’t use these cookies to gather information about you that could
be used for profiling, advertising or remembering where you’ve been on the
internet.
Category 2: Performance Cookies
These cookies collect information on how visitors use our website. For example,
which pages visitors go to most often, and if you get error messages from web
pages. These cookies don’t collect information that identifies you as a visitor. All
information these cookies collect is aggregated and therefore anonymous. It is
only used to improve how a website works.
Category 3: Functionality Cookies
These cookies remember choices you make such as the country you visit our
website from, language or the region you are in. These can then be used to provide
you with an experience more appropriate to your selections and to make the visits
more tailored and pleasant. The information these cookies collect may be
anonymised and they cannot track your browsing activity on other websites.
Category 4: Targeting cookies or advertising cookies
These cookies collect information about your browsing habits in order to make
advertising more relevant to you and your interests. They are also used to limit
the number of times you see an advert as well as help measure the effectiveness
of an advertising campaign. The cookies are usually placed by third party
advertising networks with the website operator’s permission. They remember the
websites you visit and that information is shared with other parties such as
advertisers. Quite often targeting or advertising cookies will be linked to site
functionality provided by the other organisation.
Category 5: Social Media Cookies
These cookies allow you to share what you’ve been doing on the website on social
media such as Pinterest, Facebook and Twitter. These cookies are not within our
control. This information may be linked to targeting/advertising activities. Please
refer to the respective social media’s privacy policies for how their cookies work.
Cookies within the above Categories may include those shown on the table
(http://tools.sonymusiccreative.com/privacy/SME_UK_CookieGrid.pdf) together
with their respective website locations showing you how to opt out of them.
Use of Web Beacons
Some of our web pages may contain electronic images known as web beacons,
among other things, that allow us to count users who have visited these pages.
Web beacons collect only limited information including a cookie number, time and
date of a page view, and a description of the page on which the web page resides.
We may also carry web beacons placed by third party advertisers. These beacons
do not carry any personally identifiable information and are only used to track the
effectiveness of a particular campaign.
Consent to Cookies
In order to place cookies on your device, we require your consent. If you don’t
want to receive cookies at all, you can modify your browser so that it notifies you
when cookies are sent to it or you can refuse cookies altogether.
Please note that if you continue to browse the site, you will be considered to have
agreed to our use of cookies.
You can withdraw your consent to our use of cookies at any time. If you wish to
restrict or block web browser cookies that have been set on your device, then you
can do this through your browser settings; the Help function within your browser
should tell you how. You can also use your browser settings to delete cookies that
have already been set.
Alternatively, you may wish to visit www.aboutcookies.org, which contains
comprehensive information on how to do this on a wide variety of desktop
browsers. However, please note that if you select such settings you may be unable
to access certain parts of our site or certain content or functionality may not be
available.
If you’d like to opt out of other third party cookies relating to behavioural
advertising, please go to www.youronlinechoices.eu. Opting out does not mean
you will no longer receive online advertising. It does mean that the company or
companies from which you opted out will no longer deliver ads tailored to your
web preferences and usage patterns.
YOUR RIGHTS
Wherever we rely on your consent, you will always be able to withdraw that
consent, although we may have other legal grounds for processing your data for
other purposes, such as those set out above. In some cases, we are able to send
you direct marketing without your consent, where we rely on our legitimate
interests. You have an absolute right to opt out of direct marketing, or profiling
we carry out for direct marketing, at any time. You can do this by following the
instructions in the communication where this is an electronic message, or by
sending an email to [email protected]
You have the right to ask us for a copy of your personal data; to correct, delete
or restrict (stop any active) processing of your personal data; and to obtain the
personal data you provide to us for a contract or with your consent in a structured,
machine-readable format.
In addition, you can object to the processing of your personal data in some
circumstances (in particular, where we don’t have to process the data to meet a
contractual or other legal requirement, or where we are using the data for direct
marketing).
These rights may be limited, for example if fulfilling your request would reveal
personal data about another person, where it would infringe the rights of a third
party (including our rights), or if you ask us to delete information which we are
required by law to keep or have compelling legitimate interests in keeping.
Relevant exemptions are included in both the GDPR and in the Data Protection Act
2018. We will inform you of relevant exemptions we rely upon when responding
to any request you make.
To exercise any of these rights, you can get in touch with us using the details set
out below. If you have unresolved concerns, you have the right to complain to an
EU data protection authority where you live, work, or where you believe a breach
may have occurred.
Data that is mandatory is indicated on relevant forms that you complete. Where
provision of data is mandatory, if relevant data is not provided, then we will not
be able to fulfil your requests to register, enter a competition or otherwise engage
with The Orchard or its artists. All other provision of your information is optional.
HOW DO I GET IN TOUCH?
We hope that we can satisfy queries you may have about the way we process your
data. If you have any concerns about how we process your data, or would like to
opt out of direct marketing, you can get in touch via [email protected]
HOW LONG IS MY DATA STORED?
Where we process data in connection with your registration to use our sites, we
do this for as long as you remain an active user of our sites.
Where we process personal data for marketing purposes or with your consent, we
process the data until you ask us to stop and for a short period after this (to allow
us to implement your requests). We also keep a record of the fact that you have
asked us not to send you direct marketing or to process your data indefinitely so
that we can respect your request in future.
Where we process personal data in connection with performing a contract or for a
competition, we keep the data for as long as required under relevant country laws
pertaining to the type of data and instance that the data has been collected.
OTHER WEBSITES
Our website may contain links to other websites that are outside our control and
are not covered by this privacy and cookie policy. If you access other sites using
the links provided, the operators of these sites may collect and process
information from you in a way that is different to how we do so.
CHANGES TO OUR PRIVACY AND COOKIE POLICY
We may modify, alter or otherwise update this privacy and cookie policy at any
time. We will indicate any changes by updating the date at the top of the policy
and contacting you as appropriate. We encourage you to review this policy from
time to time.