Privacy Policy

 PRIVACY POLICY

This privacy policy (the “Privacy Policy”) relates to the processing of personal data and information by Soundcharts S.A.S. (registered under no. 809 757 560) 23 avenue Corentin Cariou 75019 Paris (France) (“Soundcharts”), acting as data controller, in relation to the online services edited by Soundcharts available at the address http://www.soundcharts.com or at any other address (the “Site”) and through the mobile application “Soundcharts” (the “App”).

The purpose of this Privacy Policy is to set out the policy with regards to the collection, use, disclosure and transfer of Personal Data by Soundcharts within the framework of the provision of online services of statistical and charts data, as well as other content in relation to the exploitation of recorded music in the world at large by third-party operators on the Site (“the Service”).

In order to perform the Service, Soundcharts may process, as a Data Controller, Personal Data concerning any physical or legal person who accesses the Service (the “User”, “you”, “your”) whatever the conditions in which he/she accesses the Service, from whichever terminal and whichever the nature and extent of the subscription to the Service.

All capitalized terms used but not defined shall have the meaning ascribed to such terms in the General Data Protection Regulation n° EU 2016/679 (“the GDPR”).

For the purposes of the processing addressed herein, the User is the Data Subject and Soundcharts is acting as a Data Controller.

1. Personal Data collected 

The Personal Data collected by Soundcharts comprises on the one hand the Personal Data that the User provides and on the other hand the User’s Personal Data that is collected in an automated way.

1.1. The Personal Data you communicate to Soundcharts includes the personal information (including: last name, first name, electronic address, password, company name, company size, team name, position held in the company (role and team name), postal address, VAT number, credit cart information) which you provide when creating your Account and when taking out your Subscription, and any subsequent modification arising from an update of your data by yourself or as a result of your interaction with the Soundcharts teams. The mandatory information required by Soundcharts to process and manage your registration is marked as such on the Site or any relevant communication between you and Soundcharts: without said information, Soundcharts will not be able to provide the Service to you. Other Personal Data, which you are at liberty to communicate or not, is intended to get to know you better and thereby improve the Service offered to you.

1.2. Soundcharts also collects automatically certain categories of Personal Data related to your experience using the Service, such as browsing data (including the pages visited, the files viewed or listened to, the news and notifications that you subscribe to, and if applicable, the data related to the display and clicks-through on advertisements on the Site), traffic data (including the data related to the equipment you use, your IP address, connection logs, location data) and invoicing and transaction data (information on the type of Subscription taken out, the payement method, the details of the transaction made, etc.) This data may be collected indirectly, from data legally collected by the operator of the application store used by the User (for example, Apple if the Subscription was purchased from the App Store).

The automated collection of Personal Data may also result from the storage and tracking of cookies.

2. Legal basis and purpose of the Personal Data processing

 

2.1. The mandatory Personal Data referred to in Section 1.1 is processed by Soundcharts for the performance of the contract concluded between the User and Soundcharts (GDPR, Article 6.1.b), for the following purposes:

  • Providing the Service and managing your Account and Subscription;
  • Ensuring the follow-up and performing if necessary, any operation related to invoicing.

Such mandatory Personal Data may also be processed by Soundcharts when facing default or delays of payments by a User or a behaviour contrary to the Terms of Service or applicable legislation, in order for Soundcharts to refuse a subsequent registration or subscription of the User concerned. Such processing is based on Soundcharts' legitimate interest in preventing repeated breaches of the Terms of Service and in maintaining the viability of its business (GDPR, Article 6.1.f). You will be informed at the time of the incident, and given reasonable notice to cure the situation, and then, if necessary, you will be informed of the actual registration of the incident. We draw your attention to the fact that you have the possibility to object to such processing.

To the extent you have given your consent in accordance with Article L.34-5 of the French Post and Electronic Communications Code, your contact details may also used to serve Soundcharts' legitimate interest in promoting its products and building your loyalty (GDPR, Article 6.1.f). 

Such processing occurs for the following purposes:

  • Getting in touch with you and sending you notifications, newsletters, and commercial communications. 

The optional Personal Data referred to in Section 1.1 is processed by Soundcharts to serve its legitimate interest in promoting its products and building your loyalty (GDPR, Article 6.1.f), in particular for the following purposes:

  • Customizing the information, content and advertising that may be offered on the Site;
  • Improving the features of the Service and optimizing your user experience on the Service.

2.2. Some of the automatically collected Personal Data referred to in Section 1.2 is processed by Soundcharts for the performance of the contract concluded between the User and Soundcharts (GDPR, Article 6.1 b), only for the following purpose:

  • Ensuring the operation of the Site and the performance of the Service to the User.

Other automatically collected Personal Data referred to in Section 1.2 is processed by Soundcharts only if you have given your consent (GDPR, Article 6.1.a), for the following purposes:

  • Customizing the information, content and advertising that may be offered on the Site;
  • Improving the features of the Service and optimizing your user experience on the Service.

More information about the use of cookies and other tracers can be found in Section 7 of this Privacy Policy.

2.3. Soundcharts may also use some anonymous and/or aggregated data, in particular for statistical purposes, especially concerning the viewing and rating of content on the Site, and Users' browsing habits. Such data may include Personal Data, processed by Soundcharts to serve its legitimate interest in improving the Service, in particular the proposed content (GDPR, Article 6.1.f).

2.4. As stated in Section 3.3 below, the Site may incorporate plug-ins and/or social network sharing buttons and/or embedded content. The legal basis for the integration and use of these is Soundcharts’ legitimate interest to ensure the marketing of Soundcharts’ offers and Site (GDPR, Article 6.1.f). 

3. Personal Data recipients

3.1. The Personal Data collected or processed during the use of the Service is intended for the persons habilitated and authorized within Soundcharts who need, by reason of their function, to be aware of same for the purposes of the processing, including employees, service providers or third-party providers. 

In particular, payment management is handled by a third-party provider of Soundcharts, STRIPE, whose privacy policy you can read here. Users are advised to review its terms of use and privacy policy.

In the event that the User has subscribed to the Service through the App or an application store, the operator of the application store processes the User's personal data to provide the Service. It is also possible that the operator processes some of the data on its own behalf, as a data controller. The User is advised to review the privacy policy of the relevant provider (for Apple, the applicable policy is available here).

3.2. Personal Data will only be passed on to third parties within the framework of legal requirements, if this is necessary for contractual purposes (GDPR, Article 6.1.b), to protect Soundcharts’ legitimate interests (GDPR, Article 6.1.f) in the effective performance business operations, or if the User has consented to the processing (GDPR, Article 6.1.a). 

3.3. The Site may incorporate social plug-ins or social network sharing buttons (such as Facebook, Twitter, Instagram, Snapchat) which allow to share on the sites of social network services pages or content of the Site and of the Service published by Soundcharts. The same applies to third-party content incorporated in certain areas or sections of the Site (“embedded content”). These plug-ins and embedded content are managed by the service providers of these social networks and are therefore subject to their own terms and privacy policies, which you are advised to review.

4. Transfers of Personal Data outside the EU 

During the course of providing the Site and/or the Service, Soundcharts may have to transfer Personal Data to service providers or third-party providers whose registered office is in a country in which the GDPR is not directly applicable law, i.e. countries outside the European Union or the European Economic Area (a “Third Country”).

In accordance with Article 46 of the GDPR, Soundcharts provides appropriate safeguards for such transfer. In the absence of an adequacy decision issued by the European Commission for the concerned Third Country, Soundcharts will ensure the signing of Standard Contractual Clauses as issued by the European Commission in its decision (EU) 2021/914 of 4 June 2021, or later ones when applicable.

5. Data retention period

5.1. Soundcharts adheres to the principles of data avoidance and data minimization and therefore undertakes not to retain Users' Personal Data beyond the period necessary for the purposes pursued (as disclosed in Section 2 and in any case, beyond a period of three (3) years after the last contact from the User, unless a longer retention period is required by applicable laws and regulations.

5.2. After the expiration of this term, Soundcharts undertakes to set up processes in order to ensure User’s Personal Data is deleted or anonymized. 

6. Data Subject’s rights 

6.1. In accordance with the provisions of the applicable data protection legislation, any User disposes of the following rights:

  • A right to be informed on the processing of Personal Data;
  • A right of access to the Personal Data;
  • A right to rectification of Personal Data;
  • A right to object to the collecting and processing of Personal Data (as stated in Section 6.3);
  • A right to withdraw his/her consent (as stated in Section 6.4);
  • A right to erasure of one’s Personal Data;
  • A right to restriction of collecting and processing of one’s Personal Data;
  • A right to Personal Data portability.

6.2. Any User also has the right to communicate instructions regarding the storage, erasure and communication of his/her Personal Data after his/her death.

6.3. To exercise these rights, Users may use Soundcharts’ contact form, or contact Soundcharts at the following contact details: Soundcharts S.A.S., 23 avenue Corentin Cariou 75019 Paris; contact@soundcharts.com. Soundcharts will reply to the User's request as soon as possible and in any event within one (1) month of receipt of the request, in accordance with Article 12 of the GDPR.

6.4. To the extent the User’s Personal Data is processed to protect Soundcharts’ legitimate interests, as stated in Section 2, the User may object to this processing with effect for the future, by contacting Soundcharts using the contact details provided above. By way of principle, the User only disposes of this right to object if there are grounds relating to his/her particular situation (GDPR, Article 21.1). After exercising his/her right to object, his/her Personal Data will no longer be processed for these purposes, unless Soundcharts is able to demonstrate compelling legitimate grounds for the processing which override the User’s interests, rights and freedoms, or in the case that the processing is for the purpose of asserting, exercising or defending legal claims. If the processing is carried out for direct marketing purposes, the User may exercise his/her right to object at any time (GDPR, Article 21.2) and his/her Personal Data will then no longer be processed for this particular purpose, regardless of the grounds for the objection. 

6.5. Some Personal Data processing operations are only possible with the User’s express consent. In such cases, the User can withdraw his/her consent at any time by sending Soundcharts an informal message by e-mail using the contact details provided above. The lawfulness of the Personal Data processing carried out until the withdrawal remains unaffected by the withdrawal. 

6.6. You can access your profile page at any time to modify Personal Data about you or even to delete your account. In case of deletion of your account, some Personal Data will nevertheless be kept under the conditions required by the applicable legislation.

6.7. The provision of Personal Data is neither required by law nor by contract, and the User is not obliged to provide them. However, the provision of certain Personal Data, marked as mandatory, is necessary to conclude a contract and for the provision of the Service by Soundcharts. The User is therefore informed that the exercise of some rights, including opposition and erasure, may restrict or prevent access and/or use of the Service.

6.8. In the absence of a reply or if you are not satisfied with the answer provided, you have the possibility of lodging a complaint with the competent Supervisory Authority, in France the Commission Nationale Informatique et Libertés (CNIL), on the CNIL website or by mail to the following address: CNIL - 3 Place Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 (France).

7. Cookies, tracers and other similar technologies

7.1.  Cookies are pieces of information that are transferred from a web server or third-party web servers to the User’s browser and stored there for later retrieval. Cookies may be small files or other types of information storage. Information stored in cookies is related to the specific end-device used. Cookies contain a characteristic string of characters that enables the browser to be uniquely identified when the Site is called up again. A cookie also contains information about its origin and the storage period. However, this does not mean that Soundcharts gains immediate knowledge of your identity. 

7.2. When visiting the Site, cookies or similar technologies are set that are absolutely necessary for the operation of the Site. These essential cookies may be session cookies used by Soundcharts to maintain customer session, or, for example, cookies that are necessary for the display of the Site with a content management system, cookies used to recognize language settings, or cookies used to document whether the User have consented to the setting of further (non-essential) cookies or whether he/she has rejected them. 

The legal basis for the processing of Personal Data using essential cookies is, as stated in Section 2.2, the performance of the contract concluded between the User and Soundcharts (GDPR, Article 6.1.b),

7.3. Soundcharts may also use non-essential cookies or similar technologies to collect additional information about the interests of Users and/or their usage behavior, and/or statistical data in relation to the most popular pages, to the conversion rate, to viewing patterns or to the number of clicks.

Such processing is carried out in order to improve and facilitate their browsing experience and personalize the content and the advertisements offered to them on the Site. 

The legal basis for the processing of Personal Data using such non-essential cookies is, as stated in Section 2.2, the User’s express consent, which Soundcharts asks him/her to give when the User visits the Site, before non-essential cookies are set. 

Soundcharts thus collects Personal data and uses the services of third-party provider SEGMENT (https://segment.com/), through which the data flowing is connected to business tools or apps listed below. These tools may store and use this information, so the User is advised to read their terms of use and privacy policies.

The lifetime of these cookies is limited to what is necessary for processing, and does not exceed 13 months.

7.4. The User may first refuse the installation of cookies and other similar technologies requiring prior consent by clicking on "Refuse all" when the banner is displayed. The User may also choose at any time to deactivate all or part of these cookies by modifying the settings of his browser. 

The User is informed that, when all cookies are disabled, including technical cookies necessary for the operation of the Site, some features of the Site may not function properly.

The https://www.allaboutcookies.org/ website provides information on the most commonly used browsers. 

7.5. In addition, social networks share-buttons contain cookies that Soundcharts does not control and that are subject to the terms specific to each of these networks; these cookies are likely to identify the User when his/her social network account is activated in his/her browser, without the User even having to click on them. The User is advised to carefully review the privacy policies of each of these social networks.

The User may control and modify free of charge the implementation and installation of these cookies and other similar technologies in the settings of his/her profile page; in the settings of his/her browser; in the settings of the relevant social networks with regards to “share” buttons.

8. Security of Personal Data

In order to preserve the confidentiality, integrity and availability of Users’ Personal Data, Soundcharts has implemented appropriate technical and organizational measure to ensure a level of security appropriate to the risk, including computer systems and software specifically designed to ensure the protection of Personal Data.

9. To contact Soundcharts 

For any questions Users may have, Soundcharts, as Data Controller of such processing, remains available at the following adresses: Soundcharts S.A.S., 23 avenue Corentin Cariou 75019 Paris (France), contact@soundcharts.com.

 Last updated on: March 20th, 2023