FUGA Privacy Policy

FUGA cares about your privacy. In this Privacy Policy, we outline how we collect, use, store, share and protect your personal data when you visit our website (www.fuga.com and all underlying subpages) (collectively, the “Website”), our premises, or contact our Support department. This Privacy Policy applies to all online and offline collections of personal data within the European Union (“EU”), the Member States of the European Free Trade Association (“Member States of the EFTA”) and the United Kingdom (“UK”). If you are located in the United States, and specifically the State of California, please refer to our U.S. Privacy Policy for further details on how FUGA collects, uses, stores, shares, and protects your personal data. We encourage you to read this Privacy Policy in order to understand our approach towards the collection and use of your personal data. By using any of our services or visiting the Website, you agree that you have read, understood and accepted the content of this Privacy Policy. If you do not agree to the collection, use and disclosure of your personal data in this way, please do not use our services or otherwise provide us with your personal data.


About FUGA

FUGA is the tradename of Independent IP B.V., and any reference to FUGA in this Privacy Policy includes Independent IP B.V. and its wholly owned subsidiaries. However, this Privacy Policy does not apply to the activities carried out by FUGA’s subsidiary Songspace LLC,  Delaware USA. Please visit https://songspace.com/privacy for the most recent version of the Songspace Privacy Policy.

FUGA may be the data controller for personal data collected in connection with FUGA’s services in the EU, the Member States of the EFTA, the UK and elsewhere, and therefore determines the purpose and means for the processing of such personal data. In other instances, FUGA may be the data processor for personal data and in such case adheres to the guidance set by the data controller.


Contact Information

FUGA is part of the Downtown Music Publishing Group and is based at: 

Prinsengracht 583-IV, 

1016 HT Amsterdam, the Netherlands 

For all correspondence concerning privacy-related matters, please contact FUGA by email at privacy@fuga.com


The data we collect

The terms “personal data” as used in this privacy policy covers all information about an identified or identifiable natural person, in particular for instance a name, an online identifier or one or more elements that are characteristic for the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person as further defined in the General Data Protection Regulation (“GDPR”). FUGA collects various types of personal data including the following listed below (if applicable).

  • Data provided by you. This includes for instance the data you enter on our website or platform or provide to us in any other way, for instance by filling out the contact form on our website, applying for a job through our website, setting up your FUGA account or completing a survey.
  • Data created during the use of our Services. This includes among others the metadata, being any information including artists’ names and label information relating to an audio or audio-visual asset uploaded by a user of the FUGA platform or company information in addition to the information in your FUGA  account.
  • Data after consent. Only after your express prior written consent and by opting-in to for instance a digital marketing service, FUGA may collect – either via a third party – browser, device information, IP-derived location, email address, information on purchases and music previews and additional data from third party music and social media services.
  • Automatically collected info. FUGA may collect your IP address when you visit the FUGA website. This collecting is done through cookies (see below).
  • Data from other sources. Most of the personal data that FUGA collects about you is information that you provided voluntarily, for example through our website. Other sources through which your personal data can be obtained are (i) other companies that form part of the FUGA group, and (ii) third parties (such as law enforcement / regulatory bodies, credit rating agencies etc) or (iii) publicly available source data.

Children’s Privacy

This Website is intended for adults. Please do not use our services if you are under the age of sixteen (16). We do not knowingly collect personal data from anyone under the age of 16 without parental consent in accordance with applicable law.  If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with personal data, please contact us at privacy@fuga.com. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our servers.

Use of the data collected.

Your personal data is collected and processed in accordance with this privacy policy and, if applicable, the agreement entered into by and between you and FUGA. Your personal data is collected for the purposes listed below. 

  • Providing Services. At times, we may require you to provide certain information, including personal data, in order for you to use certain parts of our Websites, fulfill your requests, respond to your inquiries, and provide our services to you. Examples of the personal data we collect may include, your metadata and contact history, in order to deliver the services to you or to process your question. 
  • Marketing. If you register for newsletters, use the Website, opt-in to third party marketing services, or provide feedback, FUGA may collect your personal data to create a profile necessary to maintain proper information about you and your preferences. Your profile will be created in accordance with your preferences as communicated by you to FUGA.

  • Re-targeting: websites from FUGA or identified third parties can use techniques for retargeting, with the aim of creating, for example, Facebook Audience or relevant advertisements on partner websites. This will only been done on the basis of your explicit consent.

  • Advertisements: FUGA may collaborate with external parties that use tracking techniques to allow FUGA customers to provide advertising, contact you by either email or messages, and other communications tailored to your interest. This will only been done on the basis of your explicit consent. 
  • Improvement of our Services. Analytics: The information we collect from you is used to help FUGA understand how users use and move across the Website and services. Your personal data and feedback provided to us either through a survey or otherwise, are processed to create a profile of you with the aim of understanding how you use the services, enabling FUGA to develop better and more relevant services and improve the services and Website(s). Your personal data is furthermore used by FUGA to create informative analytics based on your usage of the platform.

  • Reaching out to you: If you provide feedback, send a request to FUGA using the contact form on our Website(s), or submit a job application to FUGA in a manner other than through our third party recruitment system such as Recruitee or Greenhouse, FUGA collects and processes the information you provide to respond to your inquiry, feedback, or job inquiry.


Disclosure to Third Parties
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FUGA keeps your personal data confidential and does not share the personal data with any third party other than as provided below.

Inter-Company

FUGA may share your personal data, including but not limited to your name, e-mail address or metadata, with any other FUGA group entity  to provide your services in accordance with this privacy policy or the agreement between you and FUGA, if applicable. Each FUGA entity involved in the processing of your personal data is considered a processor under the relevant legislation. 

Suppliers / providers

FUGA may share your personal data with any third-party company providing technical services to FUGA in order for FUGA to execute its agreement with you, if applicable, or to provide its services. FUGA may also share your personal data, including your name and metadata, with digital service providers or performing rights organizations for the sole purpose of fulfilling our contractual obligations with you. 

Marketing Services – FUGA Clients 

Only after opting-in to any third-party marketing services we may offer on behalf of our clients, we may disclose your personal data (limited to name, email address and contact details) as provided by you to our clients using those services. For example, this information may be used to contact you after you enter a competition, to send you newsletters to update you about your favorite artists.  

Supervising authorities / judicial bodies

Upon a duly request by a supervising authority and as required by law or upon a court decision, FUGA will release your personal data to such an authority to the extent it is required.

Cookies

We may use cookies and similar tracking technologies to track the activity on our Website and services. Cookies are data files with a small amount of data that are placed on your computer or device when you visit the Website. Cookies then send information back to the originating website on each subsequent visit, or to another website that recognizes the same cookie. Cookies may be used to allow the Website server to identify your browser whenever you interact with them in order for the Website to identify you. FUGA may also use cookies to improve our services and the quality of your experience while visiting the Website. 

 

The Website may use the following types of cookies:

  • Mandatory Cookies: cookies required to activate the core functionality of the website. These cookies are used to process information that helps us secure the Website and activate its functionality and cannot be disabled;
  • Functional and Analytical Cookies: cookies used to analyze activities on the Website and services in order to improve and optimize the way our Website and services work. An example of these cookies is cookies that track Website usage;

Advertising and Social Media Cookies: cookies to support marketing efforts through advertising or marketing on third-party site. These cookies are only dropped once you provide your explicit Cookie consent.

To learn more about the cookies FUGA utilizes, please visit our Cookie List.

 

Your Cookie Choices. You are in control as to which cookies and other tracking technologies are collected by your browser or device.  You may set your browser to block or refuse all cookies, to indicate when a cookie is being sent, or otherwise control what cookie your browser or mobile device accepts via your browser or mobile device settings.  Additionally, you can choose to modify your settings and delete those cookies that are otherwise stored on your device at any time.


Please read the instructions provided by your browser or mobile device manufacturer to find out how you can control the placement of and/or remove cookies or other technologies. The “help” section in your browser provides more information about how to manage your cookie settings. Please note, however, that limiting or disabling the use of cookies and other technologies may impact your ability to perform certain actions on, use certain functions of, and access certain content on our Websites.

How we secure your data.

We employ commercially reasonable security measures and practices to protect your personal data from loss, misuse, unauthorized access, disclosure, alteration, and destruction reflective of the type of personal data and the risks associated with our processing of the information. We use passwords, security questions, multi-factor authentication, and other appropriate security measures to prevent unauthorized access to your personal data.

Data processing outside of the EU, Member States of the EFTA and the United Kingdom.

EU/EEA data subjects:  Your personal data will be stored and processed within the EU unless otherwise stated. 

UK data subjects:  your personal data will be stored and processed within the EU unless otherwise stated.

Occasionally, your personal data may be transferred to, and maintained on, computers located outside the EU, a Member State of EFTA or the UK – for instance if a third party or supplier is located in a different jurisdiction. However, FUGA will take the necessary steps in such cases to ensure that your personal data is adequately protected, such as putting in place a processor agreement or contracting with suppliers who conform to the most recent data protection ISO requirements and therefore have put in place technical and organizational measures comparable to FUGA’s. 

If your personal data is transferred to other countries, we will employ appropriate safeguards to ensure the lawfulness and security of the transfer. For example, all transfers of personal data to our offices outside of the EU and the EFTA are based on the European Commission’s standard contractual clauses, where the transfer is made to a third country which has not been granted an “adequacy decision” by the European Commission.

 

Your data protection and privacy rights

FUGA fully complies with the obligations laid down in the relevant data protection laws, including the GDPR the UK’s Data Protection Act of 2018, and has implemented various means to ensure that you can exercise your rights under these laws.

Regarding your use of the FUGA platform, you can access the personal data submitted by you on your FUGA account and any metadata FUGA stores about you through the FUGA platform. If you are unable to access your personal data through your FUGA account or the platform, please contact FUGA at privacy@fuga.com.

Residents of countries within the European Union (“EU”) / European Economic Area (“EEA”) and the United Kingdom (“UK”). 

FUGA takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal data, and exercise other rights available under applicable law. FUGA therefore informs you that, where applicable under relevant law, you are entitled to the following:

  • Right to Access / Disclosure:  The right to have access to your personal data upon simple request – that is, you may receive a copy of such data upon receipt of a verifiable request, along with other information related to the processing.
  • Right to Correction/Rectification:  The right to correct your personal data if you find it is inaccurate, incomplete or obsolete. 
  • Right to Erasure / “Right to be Forgotten”:  The right to obtain the deletion of your personal data in the situations set forth by applicable data protection law.  
  • Withdrawal of Consent to Processing: The right to withdraw your consent to the data processing without affecting the lawfulness of processing, where your personal data has been collected and processed based on your consent and not any other basis. 
  • Right to Object:  The right to object to the processing of your personal data under certain circumstances, in which case we may ask you to justify your request by explaining to us your particular situation.
  • Right to Restrict Processing:  The right to request limits to the processing of your data, when allowed by and in circumstances set forth under applicable law. 
  • Right to Restrict Automated Individual Decision-Making (Profiling):  The right to not be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you.
  • Right to Data Portability:  The right to have your personal data directly transferred by us to a third-party processor of your choice (where technically feasible; may be limited to situations when processing is based on your consent). 

To exercise any of these rights, please contact FUGA at privacy@fuga.com. Note that we may ask you to verify your identity before responding to such requests.

Links to Other Sites.

Our Privacy Policy is designed to advise you about how we collect, use, protect, and disclose the information that we collect and/or receive about you. However, our Website may contain links to other sites that are not operated by us.  Please note that this Privacy Policy does not govern the practices of third parties, including our partners, third party service providers, and/or advertisers, even when those services are branded as, or provided on behalf of, FUGA.  Information collected from you by others, such as third party websites that you access through links on the Websites, are governed by those entities’ privacy policies.  If you click a third party link, you will be directed to that third party’s site.  We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this policy.

FUGA will regularly update this privacy policy to keep it up to date. If any major changes are made to this privacy policy, you will be informed via our Website.

If you have any complaints concerning this privacy policy, please contact us via the Website, the email address included in the “Contact Information” section above, or file a complaint with your supervisory authority. FUGA is located in the Netherlands and as such, is subject to the Dutch Data Protection Authority.


Version: November 2022

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