The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “CAI” means the Commission d’accès à l’information du Québec.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gestion Mignault Inc., doing business as MusicTeam®. For the purpose of the GDPR, the Company is the Data Controller.
- “Confidentiality Incident” (referred to as “CI”) means any unauthorized access, use or disclosure of Personal Information, or any loss or other breach of the protection of such information.
- “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- “Data Controller“, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Personal Data” (also referred to as “PD”) means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- “Personal Information” (also referred to as “PI”) is any information which relates to a natural person and allows that person to be identified. It includes Personal Data.
- “Service” refers to the Website.
- “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- “Usage Data” refers to data collected automatically, generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- “Website” refers to the MusicTeam® application and website, accessible from musicteam.com or any subdomains of musicteam.com.
- “You“, “Your”, “Yourself” means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the user as You are the individual using the Service.
This policy is consistent with the following Canadian federal legislation:
- The Personal Information Protection and Electronic Documents Act (PIPEDA).
It also complies with the requirements of the following Quebec laws, overseen by the Commission d’accèse à l’information:
- Act to modernize legislative provisions as regards the protection of personal information (Law 25)
- Act to establish a legal framework for information technology (AELFIT).
Responsibilities and Policies
Under the QPL & GDPR, the Person in charge of the Protection of Personal Information (“PPPI”) is:
Mr. Jean Mignault
Gestion Mignault Inc. dba MusicTeam®
1000 de la Commune East St., Suite 922
Montreal, QC H2L 5C1
Email: [email protected]
The Company abides by the set of principles set in Our MusicTeam® Privacy Governance document, listing the essential principles, policies and procedures relating to the protection of Personal Information.
We also have created a Privacy Committee consisting of Jean Mignault, Chloé Dagenais-Mignault and Fiona Ham, which has established and approved governance policies and practices regarding Personal Information, which are described in detail in Our Privacy Governance document.
When You provide Personal Information on co-rights holders and contributors, by entering the limited Personal Information required to credit or assign them an ownership share, You confirm that You are legally authorized to provide their limited Personal Information, have obtained their consent to doing so and to giving Your and their consent for the Company to contact them.
Collecting and Using Your Data
In Short: We collect content and Personal Information that You provide to Us. Some data such as Geolocation Data and Usage Data is collected automatically.
We collect information about Your music content when You use Our Service such as, but not limited to, audio files and technical metadata, music genres, instruments, sound recording data, musical work data, products data, unique identifiers on music assets, cover art or artworks, lyrics, timestamps, video data, ownership splits, payouts, tags or hashtags.
PI Collection Purposes
We collect Personal Information when You create an Account with Us to use Our Service, communicate with Us by using Our messaging service or by email, or subscribe to Our newsletter.
We collect Personal Information, within the context of Our Services, for the following purposes:
- Identification of rights holders and co-rights holders: We collect Personal Information for the purpose of identifying rights holders and attributing proper music credits. This information is essential for the declaration of musical works and sound recordings and the distribution of products in accordance with copyright and licensing requirements.
- Real-time monitoring: Personal Information is collected to engage in real-time monitoring activities, which are crucial for detecting, diagnosing, and resolving errors, performance issues, and vulnerabilities within Our Website. These actions are undertaken to ensure the security and stability of Our Website.
- Data and file storage: Personal Information is processed for data and file storage, serving as a secure repository for critical information and content related to Our Website’s operations and Services.
- User notifications: Personal Information is utilized to notify users within Our Website about various actions taken on their repertoire, thereby ensuring transparency and accountability regarding their content.
- Electronic signatures: Personal Information is gathered to obtain electronic signatures for auditing and compliance purposes, for creating contractual obligations and for ensuring the authenticity and integrity of relevant documentation and records.
- Communication with users: We collect Personal Information to facilitate communication with users to Our Website through channels such as email, contact forms and Our messaging service. This enables Us to respond to inquiries, provide assistance, and address any concerns or requests effectively.
- Analytics: We collect Personal Information when You use Our Website. This information is used to improve Your user experience on Our Service.
- Newsletter subscription: Personal Information is collected when You subscribe to Our newsletter. This information is used to deliver newsletters marketing content and updates to You, ensuring You are informed about relevant developments and offerings.
Personal Information You Disclose to Us
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You, or for the purposes for which We collect the Personal Data. If You have authorization to do so, You may enter Personal Data of a co-rights holder. This is allowed under QPL because the Company has a legitimate reason to collect the Personal Data, which is in the interest of the co-rights holder to have entered by the user in a timely way and which is necessary to ensure the accuracy of the music rights registration, which is one of the purposes for which information is collected. The co-rights holder will be invited to join as a user, and if they do they will become subject to present Policy.
Personal Data/PI or personally identifiable information may include, but is not limited to:
- Unique identifiers
- Email address
- First name and last name
- Date of Birth
- Under GDPR, Your Device’s Internet Protocol address (e.g. IP address) may be considered as Personal Data.
All Personal Data/PI that You provide to Us must be true, complete, and accurate, and You must notify us of any changes to such Personal Data/PI.
We collect information, such as but not limited to, display artist names, unique identifiers in the music industry (such as ISNI, IPI or IPN), affiliated groups, companies or individuals, rights holders, administrator, publisher, and music rights societies or any other of Your affiliations. We will also collect information about how You categorize Yourself with respect to Music Content (for example, whether You are a musician, a label or some other category of creator, and information relating to how often Your music is played in online stores and streaming services) or to co-band members when You are authorized by them to do so.
While using Our Service, We may ask You to provide Your credit card information to complete a transaction. Upon providing this data, We do not Ourselves process Your Financial Data as it will be processed by the Service Providers We use, which may include:
In order to pay Your distribution royalties, we will collect Your PayPal ID.
Information Automatically Collected
In Short: Some information — such as Your Internet Protocol (IP) address and/or browser and Device characteristics — is collected automatically when You visit Our Service.
Your approximate location may be determined by using Your Device’s Internet Protocol address (e.g. IP address).
Usage Data is collected automatically when using the Service.
Usage Data may include information such as, but not limited to, Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages, unique Device identifiers and other diagnostic data.
When You access the Service by or through a Device, We may collect certain information automatically, such as, but not limited to, the type of Device You use, Your Device unique ID, the IP address of Your Device, Your operating system, the type of Internet browser You use, unique Device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit Our Service or when You access the Service by or through a Device.
Tracking Technologies and Cookies
- Web Beacons. Certain sections of Our Service and Our emails may contain small electronic files known as Web Beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of Your Personal Information
In Short: We process Your information to provide, improve, and administer our Service, communicate with You, for security and fraud prevention, and to comply with law. We may also process Your information for other purposes with Your consent.
The object or purposes for which We collect Your Personal Information is to store and transmit to all music rights societies, digital services providers (music stores, music metadata services, music sites for streaming to consumers), or to other stakeholders in the music or related industries Your Personal Information, so that We can further Your interests as a participant in the music industry. All without You having to enter the same information more than once. You understand that the Company needs to retain that Personal Information for new and further transmissions of it, as the Company adds more and more destinations for Your data transfers or transmissions.
The Company may use Personal Information for the following purposes:
- To provide and maintain Our Service, including to monitor the usage of Our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Information You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us or third parties, through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as application notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which We or Our partners offer, that are similar to those that You have already purchased or enquired about, unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about Our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as, but not limited to data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Service, products, services, marketing and Your experience.
We may share Your Personal Information in the following situations:
- With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyze the use of Our Service, for payment processing, in implementing the purposes for which We collect Your Personal Information, or to contact You.
- For business transfers: We may share or transfer Your Personal Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With rights societies, music sites and business partners: We may share Your information with Our business partners to offer You certain products, services or promotions, and with music rights societies to register music rights or to digital service providers such as music stores, music streaming services and music metadata services to distribute Your music, metadata or products.
- With other users: when You share Personal Information on Our application or otherwise interact with other users, such information may be viewed by all users authorized to do so and may be transmitted to Service Providers and/or third parties, as per the transmissions services We offer to You.
- With Your consent: We may disclose Your Personal Information for any other purpose with Your consent.
Retention of Your Personal Information
In Short: We keep Your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or when We are legally obligated to retain this data for longer time periods.
Transmission of Your Personal Information
In Short: We may transfer, store, and process Your PI in countries other than Your own.
Your Personal Information is processed in the United States and in any other places where Service Providers and/or third parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction, where the data protection laws may differ from those of Your jurisdiction.
Your Personal Information, including Your Music Content, will be transmitted to Service Providers and/or third parties, to render the services We are offering to You, as provided for below.
Disclosure of Your Personal Information
Under certain circumstances, the Company may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Information in the good faith belief that such action is necessary to:
- Comply with a legal obligation,
- Protect and defend the rights or property of the Company,
- Prevent or investigate possible wrongdoing in connection with the Service,
- Protect the personal safety of users of the Service or the public,
- Protect against legal liability.
Rectification of Your Personal Information
Should You become aware of the existence of inaccurate, incomplete, or equivocal information pertaining to Your person within a file or record, or if the collection, communication, or retention of such information is not authorized by prevailing legal norms, You possess the right to request rectification of said information. You should be able to modify some inaccurate or incomplete information in Your user Account profile. Please see Your Rights under the QPL or GDPR sections below.
Security of Your Personal Information
In Short: We aim to protect Your PI through a system of organizational and technical security measures.
The security of Your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially reasonable means to protect Your Personal Information, We cannot guarantee its absolute security and We cannot take responsibility for any unauthorized access or loss of Personal Information that is beyond Our reasonable control.
Our Company places the utmost importance on maintaining the confidentiality and security of Your Personal Information. In the event of any incident or breach that may compromise Your PI, We assure You that We have established a confidentiality incident response procedure. Central to this procedure is Our confidentiality incident registry, which enables Us to promptly and effectively address and document any privacy concerns or breaches that may occur. Your privacy is of the highest priority to Us, and we are committed to taking all reasonable and necessary actions to mitigate any potential risks.
Destruction or Anonymization of Your Personal Information
When PI is no longer required for its intended use and/or the purposes for which it was collected, it will be destroyed in a secure manner in accordance with the Company’s policies and applicable laws. We will ensure a secure destruction of PI. The current provision for destruction of Personal Information also applies in the event of the death of the person concerned.
Detailed Information on the Processing of Your Personal Information
In Short: We may share information in specific situations described in this section and/or with the following categories of Service Providers.
The Service Providers and/or third parties We use may have access to Your Personal Information. These vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Service Providers and/or third parties with whom We work to facilitate the Service’s provision or access to sites, such as, but not limited to: hosting services, data analysis, providing infrastructure services, information technology services, customer services, audit or other similar services including Amazon Web Services, Heroku and its relevant tools & add-ons, Google Enterprise Services & Xodo Sign. If You have more questions, You can contact Us for more information.
Music Sites and Services
When You use Our Service to transmit information such as, but not limited to, Your Personal Information (including Music Content or music metadata) to rights societies (such as SOCAN or SOCAN RR), to digital services providers (such as EVEARA, music stores, music metadata services, music sites for streaming to consumers), or to other stakeholders in the music or related industries, You consent to these data transfers being processed and stored by these Service Providers and/or third parties.
Customer Service & Analytics
We may use Service Providers and/or third parties to assist You when using Our Service or monitor and analyze the use of Our Service. Providers We use may include:
- Google Analytics
We may use Your Personal Information to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. Providers We use may include:
We may provide paid products and/or services within the Service. In that case, We may use Our Service Providers for payment processing (e.g. payment processors).
Legal Basis to Process Your Personal Information
In Short: We only process Your Personal Information when We believe it is necessary and We have a valid legal reason (i.e. legal basis) to do so under applicable law, like with Your consent, to comply with laws, to provide You with services to enter into or fulfill Our contractual obligations, to protect Your rights, or to fulfill Our legitimate business interests.
If You are located in Canada, this section applies to You:
We may process Your information if You have given Us specific permission (i.e. express consent) to use Your Personal Information for a specific purpose, or in situations where Your permission can be inferred (i.e. implied consent). You can withdraw Your consent at any time.
In some exceptional cases, We may be legally permitted under applicable law to process Your information without Your consent, including, for example:
- If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way,
- For investigations and fraud detection and prevention,
- For business transactions provided certain conditions are met,
- If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim,
- For identifying injured, ill, or deceased persons and communicating with next of kin,
- If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse,
- If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province,
- If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records,
- If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced,
- If the collection is solely for journalistic, artistic, or literary purposes,
- If the information is publicly available and is specified by the regulations.
If You are located in the EU or UK, this section applies to You:
The General Data Protection Regulation (GDPR) and UK GDPR require Us to explain the valid legal bases We rely on in order to process Your Personal Information. As such, We may rely on the following legal bases to process Your Personal Information:
- Consent. We may process Your PI if You have given Us permission (i.e. consent) to use Your Personal Information for a specific purpose. You can withdraw Your consent at any time.
- Performance of a Contract. We may process Your Personal Information when We believe it is necessary to fulfill Our contractual obligations to You, including providing Our Services or at Your request prior to entering into a contract with You.
- Legitimate Interests. We may process Your Personal Information when We believe it is reasonably necessary to achieve Our legitimate business interests and those interests do not outweigh Your interests and fundamental rights and freedoms. For example, We may process Your Personal Information for some of the purposes described in order to:
- Send users information about special offers and discounts on Our products and services,
- Develop and display personalized and relevant advertising content for Our users,
- Analyze how Our Services are used so We can improve them to engage and retain users,
- Support Our marketing activities,
- Diagnose problems and/or prevent fraudulent activities,
- Understand how Our users use Our products and services so We can improve user experience.
- Legal Obligations. We may process Your information where We believe it is necessary for compliance with Our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend Our legal rights, or disclose Your information as evidence in litigation in which We are involved.
- Vital Interests. We may process Your information where We believe it is necessary to protect Your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
Your Rights under the QPL or GDPR
In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, You have rights that allow You greater access to and control over Your Personal Information. You may review, change, or terminate Your Account at any time.
The Company undertakes to respect the confidentiality of Your Personal Information and to guarantee You can exercise Your rights.
- Request access to Your Personal Information. The right to access, update or delete the information We have on You. Whenever made possible, You can access, update or request deletion of Your Personal Information directly within Our Website. If You are unable to perform these actions Yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Information We hold about You.
- Request correction of the Personal Information that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to Our processing of Your Personal Information on this ground. You also have the right to object where We are processing Your Personal Information for direct marketing purposes.
- Request erasure of Your Personal Information. You have the right to ask Us to delete or remove Personal Information when there is no good reason for Us to continue processing it.
- Request the Transfer of Your Personal Information for portability. If Your country gives You a right to portability, and only to the extent it is specifically provided for by the law, We will provide to You, or to a third party You have chosen, Your Personal Information in a structured, commonly used, machine-readable format.
- Withdraw Your consent. You have the right to withdraw Your consent on using Your Personal Information. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your QPL or GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us by email or through Our Website. Please note that We may ask You to verify Your identity before responding to such requests, and that We may require You to fill out a form in accordance with Our policies and procedures. If You make a request, We will respond to You within one calendar month.
To exercise Your right to access and rectify Your Personal Information, You may be required to provide proof of Your identity as the individual in question. This verification process is essential to safeguard the accuracy and security of the information in question. It is important to note that a request for access or rectification may also be initiated by an authorized representative, heir, successor, liquidator of the estate, beneficiary of life insurance or death benefit, or holder of parental authority on behalf of the individual concerned. In such cases, the authorized representative must establish both their legal capacity and identity as required by applicable law. Please be aware that certain limitations may be applicable to these requests, subject to legal provisions.
To request the rectification of Your personal information, You may utilize the MusicTeam® application, accessible within Your user Account profile. In the event that you encounter any difficulties in rectifying Your PI through this digital channel or wish to access Your PI, You must submit a written request to the Company, which shall be sent through Our messaging system.
Following the receipt of Your written request, MusicTeam® will undertake to respond within a period not exceeding 30 days, as mandated by applicable data protection regulations.
It is essential to recognize that any request for access or rectification may be subject to the legal and regulatory framework governing the processing of Personal Information, and MusicTeam® reserves the right to apply any applicable restrictions as permitted by law.
By availing Yourself of the rights enumerated herein, You are ensuring the accuracy, completeness, and lawfulness of Your Personal Information within MusicTeam®’s records and databases.
If You are located in Canada and You believe We are unlawfully processing Your Personal Information, You can reach out to our organization as set in the Contact Us section below. You will be asked to fill out Our complaints form and We will send an acknowledgment of receipt in compliance with the law. Your complaint will be handled with the utmost confidentiality. Note that anonymous complaints are not considered valid.
If You are located in the EEA or UK and You believe We are unlawfully processing Your Personal Information, You also have the right to complain to Your Member State data protection authority or UK data protection authority. If You are located in Switzerland, You may contact the Federal Data Protection and Information Commissioner.
In Short: We do not knowingly collect information from or market to children under the age of 14. If You live in a country where the law specifies an age higher than 14, We require parental consent to collect Your PI.
Our Service does not address anyone under the age of 14. We do not knowingly collect personally identifiable information from anyone under the age of 14. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Information, please contact Us. If We become aware that We have collected Personal Information from anyone under the age of 14 without verification of parental consent, We will take steps to remove that information from Our servers.
When We need to rely on consent as a legal basis for processing Your Personal Information and if Your country requires consent from a parent for an age higher than 14, We hereby modify the age of 14 for the implementation of the paragraph above to the age higher than 14, as required in Your country.
Links to Other Websites
In Short: Our Website may have links to third-party websites. We can’t control or be held responsible for the privacy practices of these third parties.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
- By messaging Us on Our chat & support services
- By sending Us an email: [email protected]