SUB MANAGEMENT GROUP – PRIVACY POLICY
INTRODUCTION
This Sub Management Group – Privacy Policy (the “Privacy Policy”) describes how Sub Management Group Inc. (“SMG”, “we”, “us”, “our”) collects, uses, stores and discloses your personal information. This Privacy Policy applies to information we collect from users of our website, submanagement.com (our “Site”) and from our clients. We understand and greatly value the importance of your privacy. We will only use your personal information in accordance with the Privacy Policy, unless otherwise required by applicable law.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES DESCRIBED IN THIS PRIVACY POLICY, DO NOT USE THE SITE OR ENGAGE OUR SERVICES
If you have entered into a separate rights management agreement with us (your “SMG Rights Management Agreement”) this Privacy Policy describes our confidentiality obligations to you and forms a part of your SMG Rights Management Agreement. In the event of a conflict between this Privacy Policy and the terms of your SMG Rights Management Agreement, your SMG Rights Management Agreement will prevail.
TYPES OF INFORMATION WE COLLECT
We may collect and use several types of information about you including:
Personal Information which is information that can reasonably be used to directly or indirectly identify, locate or contact you, such as your name, photograph, phone number and email address. It also includes information that may be associated with personal information.
Non-Personal Information which is information that does not directly or indirectly identify you or any other individual, such as demographic information, statistical or aggregated information, technical information and information about your interactions on our Site.
HOW WE COLLECT YOUR INFORMATION
We use different methods to collect your information, including through:
Direct interactions with you, for example, when you contact us through our Site, upload files to our Site, or become one of our clients, and provide information to us pursuant to your SMG Rights Management Agreement.
Automated technologies or interactions, as you navigate through our Site.
WHAT INFORMATION WE COLLECT
Information You Provide Us.
We may ask you to provide the following information:
When you engage us through your SMG Rights Management Agreement, we ask you to provide your legal name, stage name, the name of your company (if applicable), mailing address, email address, an email address connected with PayPal account and information contained in the Repertoire Deliverables (as that term in defined in your SMG Rights Management Agreement).
When you submit a message to us through “Contact” page on our Site, we collect your contact name, email address, artist/company name and artist/company website link and may collect any information contained in your message.
We reserve the right to request other types of information in the future.
Information We Collect from Third Parties.
We may collect information from third parties that we require to produce reports and statements we are obligated to provide in accordance with your SMG Rights Management Agreement.
Information That is Collected Automatically.
When you visit our Site, we use browser cookies to collect information automatically and store it in log files. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies in your browser settings; however, doing so may mean you are unable to access certain parts of our Site.
The information we collect automatically includes details of your visit to our Site and information about your computer and internet connection, including without limitation your IP address, browser type and operating system. This information we collect automatically is statistical data and does not include any personal information; however, we may associate it with personal information you provide us or with information we collect from third parties.
HOW WE USE YOUR INFORMATION
We use the information we collect for the following purposes:
to create your user account;
to make payments to you;
to perform our contractual obligations to you;
to communicate with you;
to display your name and approved image on our Site to promote you and your music;
to identify you as a user of the Site;
to improve the functionality of our Site;
to improve your user experience;
to investigate and address conduct that may violate our Terms of Service;
to provide customer support and respond to your requests and inquiries;
to send you administrative notifications, such as security, support, and maintenance advisories; and
to act in any other way we may describe when you provide us with your information.
WHEN WE MAY SHARE YOUR INFORMATION WITH OTHERS
Performance Rights Organizations and Collection Societies. We may share information you provide us in connection with your SMG Rights Management Agreement with performance rights organizations, other collection societies and other third parties in order to fulfill our contractual obligations to you.
Third Party Service Providers. We may share your personal information with third-party service providers we use to support our business (such as analytics and search engine providers that assist us with the improvement and optimization of our Site). For example, we may use third-party service providers to help us make the Site operate smoothly, to help us communicate with our users and to help us receive user uploads. Our third-party service providers are contractually obligated to keep personal information confidential and to use it only for the purposes for which we disclose it to them.
Legal and Safety Factors. We may disclose personal information if required by law or in the event we need to share information with a third-party in order to protect a person’s safety and security or the safety and security of SMG or its employees.
Corporate Change. We may disclose personal information to third parties in connection with a corporate change, including any due diligence process, but such disclosure will be subject to this Privacy Policy continuing to govern treatment of personal information.
Affiliate Companies. We may disclose personal information to our subsidiary and affiliate companies, but such disclosure will be subject to this Privacy Policy continuing to govern treatment of personal information.
Consent. We may disclose your personal information where you have provided us with your consent to do so.
Non-Personal Information. We may disclose aggregated information about our users, and information that cannot be used to identify any individual without restriction.
LEGAL BASIS FOR PROCESSING USER INFORMATION
We will only process user information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use the information. In almost every case the legal basis will be one of the following:
consent: for example, where the user has provided consent to be contacted by us;
to fulfill our contractual obligations: for example, in performing our obligations under your SMG Rights Management Agreement;
our legitimate business interests: to better serve our clients and users of our Site, improve the user experience, and keep users safe; or
if required by law: where we are subject to a legal obligation and need to use personal information in order to comply with that obligation.
YOUR RIGHTS
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law, you have the right to request access to and to correct the personal information that we hold about you. You may also have certain additional rights.
If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.
If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not “sell” your “personal information.”
If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us at the address provided at the bottom of this Privacy Policy, specify your request, and reference the applicable law. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights.
We will handle any request to exercise these rights in accordance with applicable law and any relevant legal exemptions. You may exercise these rights as permitted by the Site or by contacting us using the contact details below.
TRANSFERRING YOUR PERSONAL INFORMATION
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian legislation.
SECURITY
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where you are given a username and password for access to certain parts of our Site, you are responsible for keeping this information confidential. We ask you not to share your username and password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
DATA RETENTION
Except as otherwise permitted or required by applicable law, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, included for the purposes of satisfying any legal, accounting, or reporting requirements. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.
WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at the address provided at the bottom of this Privacy Policy. Please note that if you withdraw your consent we may not be able to provide you with a particular service. We will explain the impact to you at the time to help you with your decision.
CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 13 we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the contact information below.
CHANGES TO OUR PRIVACY POLICY
We will post any changes we make to this Privacy Policy with a notice at the top of this page that the Privacy Policy has been updated. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Site home page.
CONTACT US
We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. Please contact us at:
info@submanagementgroup.com