Privacy Policy

LAST UPDATED: 31/10/2019

SmartPath SAS ("Company" or "We") is committed to privacy and wants to inform you about how we collect, use, and disclose information. This Privacy Policy outlines our practices regarding the information collected by us or our service providers through the web pages and properties, whether owned or controlled by us (including widgets and applications), and mobile applications ("Mobile Apps") (collectively, the "Properties"). By providing us with Personal Information (as defined below) through the Properties, you signify your acceptance of the terms and conditions of this Privacy Policy.

This Privacy Policy does not cover the privacy, information, or other practices of third parties, including but not limited to Facebook Inc., Apple Inc., Google Inc., Microsoft Corp., Research In Motion, potential wireless carriers, our artists, our affiliates, and third parties operating on a site or property with which a Property contains a link (link), nor are we responsible for them. Furthermore, the inclusion of a link on a Property does not imply approval, either on our part or on the part of our artists or affiliates, of the linked page or property, nor the existence of an affiliation. Please note that the Properties may include the ability to access and provide certain information directly to third parties, such as Facebook or any application platform, such as Apple's App Store or Google Play. Such information is provided directly by you to these third parties; this Privacy Policy does not apply to any information provided by you to third parties.

The Properties are controlled and operated by the Company. However, your Personal Information may be transferred to the United States for the purpose of storage in that country. Please note that we adhere to the "Safe Harbor" framework accepted by the U.S. Department of Commerce and the EU regarding Personal Information collected by entities located in the European Economic Area and transmitted to the United States. Please refer to our Safe Harbor Privacy Policy at http://www.wmg.com/privacy/safeharboropen in new window. You can find more information about the Safe Harbor Framework at http://www.export.gov/safeharbor/open in new window.

The Properties are not intended for individuals under the age of fourteen (14), and we request that such individuals do not provide Personal Information through the Properties.

UPDATES TO THIS PRIVACY POLICY

We may modify this Privacy Policy at any time. The "LAST UPDATED" date on this page indicates the date of the last revision of this Privacy Policy. Any changes to this Privacy Policy will be effective three natural days from the date of the publication of the "LAST UPDATED". Your use of a Property or submission of any information related to a Property after such changes are applicable signifies your acceptance of the revised Privacy Policy.

PERSONAL INFORMATION

Types of Personal Information We May Collect

Two types of information are collected in relation to the Property: Personal Information and Other Information. "Personal Information" is information that identifies you as an individual. "Other Information" is any information that does not reveal your specific identity. Other Information is treated separately in this document under the heading "OTHER INFORMATION."

Both we and our service providers may collect Personal Information from you, including, for example:

  • Name
  • Postal address (including billing and shipping addresses)
  • Phone number
  • Email address

Both we and our third-party service providers collect Personal Information through the Properties, such as when you participate in various opportunities offered through the Properties, such as:

  • When you purchase a product or place an order.
  • When you sign up for newsletters or other communications through the Properties.
  • When you participate in a contest, promotion, bet, survey, or other promotion through the Properties.
  • When you engage in a blog or forum.

How We May Use Personal Information

Both we and our service providers may use Personal Information to:

  • Respond to your inquiries and fulfill your requests, such as sending you newsletters or providing you with information about our products and services.
  • Send you administrative information, including information about the Property and changes to our terms, conditions, and policies.
  • Process your purchase, for example, process your payments, make necessary arrangements for you to receive your order, contact you in connection with your purchase, and provide you with the corresponding customer service.
  • Send you marketing communications that we believe may be of interest to you (including, without limitation, by our service providers who send direct mail, email, and other types of advertising to recipients whose email addresses we have collected).
  • Send you SMS text messages if you have indicated that you would like to receive them. Please note that message and data rates may apply. You should consult your mobile service provider for the rates applicable to data. You can always text "HELP" if you would like more information about text messages. If additional rules are provided regarding specific text message sign-ups, those rules will also apply and prevail in case of conflict with this Privacy Policy.
  • Personalize your experience regarding the Property, presenting tailored content, products, and offers to you.
  • Allow you to participate in bets, contests, and similar promotions and manage such activities. Some of these activities have additional rules, which may contain additional information about how we use and disclose your Personal Information. We suggest that you carefully read these rules; in case of conflict between such rules and this Privacy Policy, the aforementioned rules will prevail.
  • Allow you to send messages (such as music clips or artist information) to a friend through the Property. By using this feature, you are telling us that you have the right to use and provide us with your friend's name and email address. In any case, such friend will be required to accept this Privacy Policy.
  • For the purposes of our business, such as data analysis, audits, new product development, improving the Property and our services, identifying usage trends, and determining the effectiveness of promotional campaigns.
  • As we consider necessary:
    • under applicable law, including laws outside your country of residence;
    • to comply with legal process;
    • to respond to requests from public or governmental authorities, including public or governmental authorities outside your country of residence;
    • to enforce our terms and conditions;
    • to protect our operations or those of any of our affiliates or artists;
    • to protect our rights, privacy, safety, or property, or those of our affiliates, artists, you, and others; or
    • to allow us to pursue available remedies or limit the damages we may sustain.
  • We may combine the Personal Information you submit to the Property, or through it, with information about you or related to you that we collect from other online and offline sources, including our own web pages and properties (including apps, widgets, and players) and third-party sources, which may include social media services with which you interact through our Properties. We treat this combined information as Personal Information, as long as it is combined in this manner.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed to:

  • Third-party providers (whether or not affiliated with us) who provide services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provisioning, IT services, customer service, email delivery, credit card processing, auditing, and similar services that enable us to provide such services.
  • Our affiliates, to allow them to send you marketing communications. Warner Music Group is the party responsible for the joint management of Personal Information.
  • Unaffiliated third parties, to allow them to send marketing communications to our artists (including some members of the artists' bands, where applicable) and their representatives, so that artists and their representatives can use that information to send communications (including marketing communications) that they believe may be of interest to you, including, for example, if (a) you register to join the artist's mailing list and/or receive the artist's newsletters, (b) you register on the artist's corresponding website, or (c) you have otherwise indicated that you would like to receive information and/or marketing communications from the relevant artist. We do not control the use that artists and their representatives may make of the Personal Information and are not responsible for it.
  • Third parties that sponsor contests, bets, and similar promotions.
  • To identify you to someone to whom you send messages through the Property.
  • Personal Information may also be disclosed by you through message boards, chat, profile pages, blogs, and other services to which you send information and/or materials. Please note that any information and/or materials you submit or disclose on or through a Property become public information, and visitors to the Property as well as the general public can have access to them. Such information and/or materials may also be redistributed through the Internet and other media channels, where they can reach an even larger audience. Please also note that, according to our Terms of Use, we retain certain rights to the information and materials you submit through the Property and may use and/or disclose such information and materials (including Personal Information) in accordance with our Terms of Use. Please be extremely cautious when deciding whether to disclose your Personal Information or any Other Information through the Property. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF INFORMATION YOU VOLUNTARILY MAKE THROUGH A PROPERTY.
  • To third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or any other disposition of all or part of our company, assets, or stock (including in connection with bankruptcy or similar proceedings).
  • To an unaffiliated artist if you indicated an interest in such artist (for example, by registering on the artist's website).
  • As we consider necessary or appropriate:
    • under applicable law, including laws outside your country of residence;
    • to comply with legal process;
    • to respond to requests from public or governmental authorities, including public or governmental authorities outside your country of residence;
    • to enforce our terms and conditions;
    • to protect our operations or those of any of our affiliates or artists;
    • to protect our rights, privacy, safety, or property, or those of our affiliates, artists, you, and others; or
    • to allow us to pursue available remedies or limit the damages we may sustain.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Sensitive Information

Please do not send or disclose sensitive Personal Information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or union membership) on or through the Properties or in any other way.