PRIVACY AND DATA PROTECTION POLICY

EFFECTIVE AS AT 25 MAY 2019

  1. Introduction

  2. Data Collection and Use

  3. Sharing your data

  4. Data Security

  5. Your Rights - taking control over your data

  6. Third Party Access to Data

  7. Links

  8. Retention | Deletion

  9. Global Data Sharing

  10. Children and Privacy

  11. Amendments

  12. Contact

    INTRODUCTION

    At FENIX360, our ever enduring mission is to bridge the void between artist and fan. In order to achieve this, we need to understand what music you love so that we can deliver a unique and incredible experience tailored only to you.

    The goal of this policy (together with our Terms of Use and any other documents referred to you by us) is to transparently explain why and how we collect, store and distribute your data.

    Please read the following policy carefully to understand the view and practices of FENIX360360 Pte Ltd (“FENIX360360”) and learn how you can control what data you share with us. By using the FENIX360 service, you are accepting and consenting to the practices described in this policy.

    DATA COLLECTION AND USE

    WHAT DATA WE COLLECT AND HOW WE COLLECT IT

    1. Registration – Creating a FENIX360 account requires personal data to connect you to FENIX360 services. This includes your country, email address, date of birth and gender.

    2. Use of the FENIX360 services – Through use of FENIX360 services we collect information relating to what bands you have engaged with, what songs you have listened to and what experiences | products you have purchased.

    3. Third Parties – FENIX360 works closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

      We will only use this data to the extent that you have provided your consent to the third party or to FENIX360, or where FENIX360 has a legitimate interest in the use of the personal data.

    4. Data provided to us by you – In the course of using FENIX360 services you may provide user content to us including, but not limited to, profile pictures, comments on songs or in band forums and other material, that you upload or post.

Submission in this way will also cause metadata associated with such content (i.e the time and date of posting, formatting information and geotag) to be delivered to us. Use of FENIX360 services may also cause us to request disclosure of additional information which allows us to an even great extent tailor your FENIX360 experience. Such disclosure is, and will always be, at your discretion.

Your consent can be withdrawn at any time. We will never collect, without your express consent, personal photos, precise mobile device location, individual contacts from your device or voice data.

WHAT DOES FENIX360 USE YOUR DATA FOR?


Us e

Legal Basis of Use

To comply with a lawful order issued by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

  • Compliance with legal obligations

To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us.

This includes investigation of fraudulent payments or fraudulent use of our services.

  • Performance of a Contract

  • Compliance with legal obligations

  • Legitimate Interest

To provide you with information about other goods and services FENIX360 offers that are similar to those that you have already purchased or enquired about.

  • Performance of a Contract

  • Legitimate Interest

  • Consent

To provide you, or permit selected third parties to

  • Consent

provide you, with information about goods or services FENIX360 feels may interest you.

  • Legitimate Interest

If you are an existing customer, FENIX360 will only

contact you by electronic means (e-mail or SMS) with


information about goods and services similar to



Us e

Legal Basis of Use

those which were the subject of a previous sale or negotiations of a sale to you.

If you are a new customer, and where FENIX360 permits selected third parties to use your data, FENIX360 (or the selected third parties) will contact you by electronic means only if you have consented.


To ensure that content is presented in the most effective manner for you and your device.

  • Performance of a Contract

  • Legitimate Interest

To administer our Apps and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

  • Legitimate Interest

To allow you to participate in interactive features of our service, when you choose to do so.

  • Consent

As part of our efforts to keep our site safe and secure.

  • Protect vital interests of data subject

To measure or understand the effectiveness of the advertising FENIX360 serves to you and others, and to deliver relevant advertising to you.

Including, but not limited to, using data to allow you to choose to not receive certain types of advertisements or to remove offensive or distasteful music from your music discovery feed.

  • Performance of a Contract

  • Legitimate Interest

  • Consent

  • Protect vital interests of data subject

To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

  • Legitimate Interest

To provide you with features, advertising or other content which relies upon you specific location.

  • Consent


SHARING YOUR DATA

We may share your personal data with those of our affiliates we rely upon to provide the FENIX360 Services for the purposes outlined in this Privacy Policy. This includes our subsidiaries and our ultimate holding company and its subsidiaries.

We will only share your personal data with non-affiliate third parties in the following situations:

  1. When you have given us express consent to share such personal data – This can, for instance, be in relation to social media and other platforms including Google, Instagram, Facebook, YouTube, or platforms operated by other third parties.

    Unless you have otherwise expressly consented, we will not share such personal data with third parties for marketing purposes, although we may provide such third parties with aggregated, anonymised data collected about you and other users of the Services.

  2. When sharing your data is fundamental for billing purposes – Your billing information is stored with the relevant billing provider and not by FENIX360.

  3. When we have engaged third parties to perform services on our behalf – In such instances, we remain responsible for your data protection. We will ensure any such handling of your data is in accordance with this Privacy Policy and other applicable laws.

  4. Where the law requires us to do so – In order to comply with any legal obligations, enforce this Privacy Policy or our Terms of Use, protect the safety or property of FENIX360 and its users, we may have to share your information.

    You expressly consent to the sharing of such information as may be required for fraud protection and direct assessment of credit risk.

  5. Business purchase or sale – If FENIX360, or substantially all of its assets, are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.

  6. Dispute of charges – If you contest or dispute any of our charges, we may share your personal data with your credit card company or financial institution in order to help you try to resolve such dispute.

We may remove certain aspects of data that can identify you and thereafter, we may share aggregated, anonymised data with other parties. We may also combine your information with other information in a way that it is no longer possible for you to be identified and then share that aggregated, anonymised information with third parties, which may include demographic data (for example, FENIX360 may inform a third party that 500 men aged under 30 have clicked on their advertisement on any given day).

Some of our affiliates and/or third parties may be located in countries (outside the European Economic Area or otherwise) whose laws may not provide adequate protection for your personal data. Prior to your personal data being shared with such affiliates or third parties (as applicable), we will take contractual or other steps reasonably necessary to ensure that your personal data is treated securely by such affiliates or third parties in accordance with this Privacy Policy.

Except as otherwise described in this Privacy Policy, we will never sell your personal data to third parties or allow third parties to have access to your personal data for their own purposes.

DATA SECURITY

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where FENIX360 has given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. You must not share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we, at FENIX360, will do our best to protect your personal data, FENIX360 cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

Once FENIX360 has received your information, FENIX360 will use strict procedures and security features to try to prevent unauthorized access.

YOUR RIGHTS - TAKING CONTROL OVER YOUR DATA

In accordance with the General Data Protection Regulations (GDPR), we are delighted to offer additional transparency and access to the data we collect from you.

Except where limited by applicable law, yours rights include the right:

Except where restricted by law, upon your request we will irrevocably delete or anonymize your personal data so that you are no longer identifiable.

GLOBAL DATA SHARING

The data that FENIX360 collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This may include staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

By submitting your personal data, you agree to this transfer, storing or processing, as required. FENIX360 will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

CHILDREN AND PRIVACY

Use of the FENIX360 Services is not intended for use by children under 16 years of age. Stricter age limits may apply in certain jurisdictions – please see our Terms of Use for further details.

We will not knowingly collect personal data from children under 16 years of age, if you are under this age, please do not use the FENIX360 services and do not provide any personal data to us. If we become aware that we have collected personal data from you, we will take all reasonable steps to delete that data. This may cause us to delete your account without notice.

If you are the legal guardian or parent of a child and become aware that they have provided personal data to FENIX360, please contact us urgently either through the FENIX360 app or by contacting us through any of the methods described below in ‘Contact’.

AMENDMENTS

Any changes FENIX360 makes to our privacy policy in the future will be presented to you upon opening of the FENIX360 app, posted on our website page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected].