FUGA Privacy Policy

FUGA cares about your privacy. In this Privacy Policy, we wish to inform you about how we at FUGA collect, use, store, share and protect your Personal Data when you visit our website (www.fuga.com and all underlying subpages), our premises, use our services or contact our Support department. This policy applies to all online and offline collections of any type of personal data within the European Union, the Member States of the European Free Trade Association and the United Kingdom. We recommend that you read this policy in order to understand our approach towards the use of your personal data. By using any of our services, 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. Please do not use our services if you are under the age of sixteen (16).

About FUGA

FUGA is the tradename of Independent IP B.V., and any reference to FUGA in this Privacy Policy includes the wholly owned subsidiaries. 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 can be the data controller for personal data collected in connection with FUGA’s services in the European Union, the Member States of the European Free Trade Association, the United Kingdom and elsewhere and therefore determines the purpose and means for the processing of personal data. In other instances, FUGA can 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 in 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 identify 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.


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. The data you provide to us via the website, the platform or in any other way is used for the purposes listed below.

  • Providing Services. In case of for instance using the platform or contacting with our client services team, personal data is processed, for example your metadata and contact history, in order to deliver the Services or to process your question. The legality of this processing lies in the necessity of processing for the execution of an agreement (if any) with FUGA or to comply with a legal obligation. If there is no necessity on the basis of any of these grounds, processing is deemed necessary for the purpose of the legitimate interest of FUGA to ensure that the best possible service is offered.
  • Marketing. If you register for newsletters, use the website or opt-in to third party marketing services or provide feedback on this, FUGA may create a profile necessary to maintain proper information about you. Your profile will be created in accordance with your preference 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 instance Facebook Audience or relevant advertisement on partner websites which shall 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, to contact you either via email or messages and other communications tailored to your interest which shall only been done on the basis of your explicit consent.
  • Improvement of our Services. Analytics: your personal data and feedback provided either through a survey or not, 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 to improve the Services and website(s). Your personal data is furthermore used by FUGA to create analytics based on your usage of the platform.
  • Reaching out to you: your personal data will be processed by FUGA in order to follow up with you concerning a request made via the contact form on our website(s) or a job application submitted by you to FUGA other than via Recruitee.


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 listed below.

Inter-Company

FUGA may share your personal data with any other group entity for instance your name, e-mail address or metadata) for providing services to you. Each entity of FUGA involved in the processing of your personal data for the execution of an agreement (if any) 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 the agreement with you. FUGA may also share your personal data (metadata, name) with digital service providers or performing rights organizations for the sole means 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. An example of this use could be 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.

Cookies.

The website from FUGA may log your IP address and use standard technology called cookies (or similar technologies which store data on client side), which are small data files that are downloaded onto your computer or device when you visit the FUGA website. Cookies identify your browser to the FUGA website server whenever you interact with them in order for FUGA to identify you. FUGA may also use cookies to improve our Services and the quality of your experience while visiting the FUGA website. By using the FUGA website, you are confirming your consent to our use of cookies as explained in the Privacy Policy

The FUGA website may use the following types of cookies: 

Mandatory Cookies: cookies required to activate the core functionality of the website;

Functional and Analytical Cookies: cookies to analyze for instance the site usage;

Advertising and Social Media Cookies: cookies to support marketing efforts through advertising or marketing on third-parties site, only placed after you have provided your explicit Cookie consent. 

You can set your cookie preference through your website browser allowing you to reject or disable cookies. The “help” section in your browser provides more information about how to manage your cookie settings. 

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

Your personal data will be stored and processed within the European Union unless otherwise stated. Occasionally, your personal data may be processed outside the EU, a Member State of EFTA and the United Kingdom, for instance if a third party or supplier is located in a different jurisdiction. This may lead to a different level of protection for your personal data. 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 comparable technical and organizational measures such as FUGA.

Your rights.

FUGA fully complies with the obligations laid down in the relevant laws and has implemented various means to ensure that you can exercise your rights under such relevant laws.

Regarding your use of the FUGA platform, you can view your personal data submitted by you on your FUGA account or in the event of metadata on the platform. If your personal data is not visible on your FUGA account or Platform, please contact FUGA at privacy@fuga.com.

Upon your request, FUGA can remove, ratify your personal data, provide your personal data in a usable electronic format or transfer your personal data to a third party.

Changes to this policy.

FUGA will regularly update this online privacy policy to keep it up to date. If any major changes are made to this online privacy policy, you will be informed via the website(s).

If you have any complaints concerning this online privacy policy, please contact us via the website or file a complaint with your supervisory authority. FUGA is located in the Netherlands and as such subject to the Dutch Data Protection Authority.


Applicable law and jurisdiction

This Privacy Policy shall be subject to and construed in accordance with the laws of the Netherlands and all disputes (including non-contractual disputes or claims) relating to this Privacy Policy shall be brought solely in the courts of Amsterdam or any higher court as relevant.


Version: April 2020

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