Information concerning the collection and processing of your personal data as per Art. 13 of the GDPR
Care and transparency form the basis for a trusting working relationship with our partners. It is for this reason that we are providing you with information as to how we process your data and how you can exercise the rights to which you are entitled in accordance with the General Data Protection Regulation (GDPR). The personal data which we process and the purpose of such processing depend on the respective contractual relationship.
1. Who is responsible for the data processing?
The controller is the company named in the main contract.
2. How can the data protection officers be contacted?
You can contact our data protection officer by writing to the following address:
Warner Music Group Germany Holding GmbH
Persönlich/vertraulich an den Datenschutzbeauftragten / Personal/confidential: For the attention of data protection officer only
Alter Wandrahm 14
20457 Hamburg, Germany
Germany
or by e-mail: datenschutz@warnermusic.com
3. Which of your personal data are used by us?
If you submit a request to us, have an offer drawn up by us, participate in a contract negotiation or conclude a contract with us, and we perform an existing contract with you or you are involved in the performance of a contract, we process your personal data. In addition, we also process your personal data, inter alia, for the purposes of compliance with of our legal obligations, of a legitimate interest or on the basis of consent granted by you.
Depending on the legal basis, the following categories of personal data are concerned:
- Name (first name, last name); artist name
- Contact details (address, telephone number, mobile telephone number, fax, e-mail, Messenger address)
- Date of birth; nationality; social security number; data concerning health; credit rating data; identifying data from collecting societies;
- Contract master data, in particular contract number, type of contract; contractual conditions, in particular durations, scope of rights; billing data, invoicing data, sales data; payment details/account information, tax numbers
- Account information, in particular registration and login details
- Sound and/or video recordings and/or photographs
In the course of contract preparation, we also have recourse to data which has been made available to us by third parties. Depending on the type of contract, the following categories of personal data are concerned:
- Commercial registry details
- Information on creditworthiness (via credit reporting agencies, credit insurance companies)
4. From what sources does this data originate?
We process personal data which we receive from our contractual partners, service providers and suppliers. In addition to this, we also receive personal data from the following bodies:
- Commercial registers
- Credit reporting agencies, credit insurance companies
- Other group companies
- Collecting societies; social security providers
- Social networks
5. For what purposes do we process your data and on what legal basis?
We process your personal data in particular in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG), as well as all other relevant laws.
5.1 For the performance of a contract (Art. 6(1) point (b) of the GDPR)
We use your personal data for the execution of your contract with us.
Within the scope of this contractual relationship, we will in particular process your data for the execution of the following activities:
- Contract-related making of contacts
- Contract management and central management of contract data within the company group
- Ongoing support, mutual performance of contract, in particular the production of (music) recordings, the release, distribution, marketing and promotion (including direct advertising and/or market research and opinion polls) of products,
- The settling and exercising of warranty claims, the prosecution of rights infringements, claims management,
- Measures taken at the end of the contract period and exploitation period.
You can find more detailed information concerning the purposes of data processing in the respective contractual documents.
5.2 For compliance with legal obligations (Art. 6(1) point (c) of the GDPR) or in the public interest (Art. 6(1) point (e) of the GDPR)
As a company we are subject to various legal obligations. Processing of personal data may be necessary for compliance with these obligations. In particular:
- Obligations of control and notification
- Creditworthiness, age, identity and tax residency checks
- Prevention/Safeguarding against criminal actions
- The defence or enforcement of civil law claims, in particular also in accordance with copyright laws
- Proceedings within a framework of voluntary self-regulation (Freiwillige Selbstkontrolle - FSK); proceedings of the Federal Review Board for Media Harmful to Minors (Bundesprüfstelle für jugendgefährdende Medien)
5.3 On the basis of a legitimate interest (Art. 6(1) point (f) of the GDPR)
In specific cases, we process your data for the purposes of a legitimate interest pursued by us or by a third party.
- Communication with third parties (management, lawyers or other representatives of our contractual partners)
- Consultation of and data exchange with credit reporting agencies
- For the determination of credit risks or risks of non-payment
- Within the framework of dispute resolution
5.4 On the basis of consent granted by you (Art. 6(1) point (a) of the GDPR)
If you have declared to us your voluntary consent to the collection, processing or transfer of certain personal data, then this consent forms the legal basis for the processing of those data.
We process your personal data on the basis of consent granted by you in the following cases:
- Sending out of an e-mail newsletter; personalized newsletter tracking
- Market research (e.g. satisfaction surveys)
- Marketing and advertising, customer profiling
- Publication of a customer reference (name and image)
6. To whom is your data disclosed?
For the purposes of compliance with our contractual and legal obligations, your personal data are disclosed to different public or internal bodies, as well as to external service providers.
Companies of the group:
The Warner Music Group maintains a central system for the management of contact, contract and content data to which employees of all affiliated companies have access to allow for a contractually-compliant exploitation of recordings (licensing, sub-licensing, marketing and promotion, commercial trade distribution, direct sales). A list of companies of the Warner Music Group can be consulted by clicking on this link: https://wminewmedia.com/affiliates/
External service providers and other non-public bodies:
We work together with selected external service providers in order to comply with our contractual and legal obligations:
- IT service providers (e.g. maintenance service providers, hosting service providers)
- Printing and product manufacturing services; warehousing, logistics and transport; service providers for document and data destruction
- Telecommunications, telephone support service providers (Call Centers)
- Advice and consulting; credit reporting agencies
- Marketing or sales service providers; payment service providers
- Tax advisors, auditors, accounting service providers
- Licensees, physical and digital trade
- Collecting societies (e.g. GVL, GEMA)
Public bodies:
In addition to this, we may be obliged to transfer your personal data to other recipients, such as to the public authorities for the purposes of compliance with legal notification obligations, e.g.
- Financial authorities
- Customs authorities
- Social security providers
7. Are your data transferred to countries outside the European Union (also known as "third countries")?
Countries outside the European Union (and outside the European Economic Area "EEA") handle the protection of personal data differently to countries within the European Union. For the processing of your data, we also use service providers which are located in third countries outside the European Union. There is currently no decision of the EU Commission to the effect that these third countries generally offer an adequate level of data protection.
We have therefore taken specific measures to ensure that your data are processed as securely in third countries as within the European Union. With service providers in third countries, we conclude the standard data protection clauses provided by the Commission of the European Union. These clauses provide appropriate safeguards for the protection of your data with service providers in third countries.
8. For how long will my data be stored?
We store your personal data for as long as it is necessary to do so for the purposes of compliance with our legal and contractual obligations and/or the exploitation of rights.
Should the storage of data no longer be necessary for the purposes of compliance with contractual or legal obligations, your data will be deleted, unless their further processing is necessary for the following purposes:
- Compliance with obligations of retention under commercial or tax law.
- Conservation of evidence within the scope of statutory provisions of limitation. According to the statutory provisions of limitation of the German Civil Code (Bürgerliches Gesetzbuch - BGB), these limitation periods can in some cases be up to 30 years, with the standard limitation period being three years.
- Compliance with the duration of copyright and related rights.
9. What rights do you have with regard to the processing of your data?
Every data subject has the right of access in accordance with Art. 15 of the GDPR, the right to rectification in accordance with Art. 16 of the GDPR, the right to erasure in accordance with Art. 17 of the GDPR, the right to restriction of processing in accordance with Art. 18 of the GDPR, the right to object resulting from Art. 21 of the GDPR, as well as the right to data portability resulting from Art. 20 of the GDPR. In the case of the right of access and the right of erasure, the restrictions as per Sections 34 and 35 of the German Federal Data Protection Act (BDSG) apply.
9.1 Right to object
What right do you have in the case of data processing on the basis of our legitimate interest or in the public interest?
In accordance with Art. 21(1) of the GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) of Art. 6(1) of the GDPR (data processing in the public interest) or point (f) of Art. 6(1) of the GDPR (data processing for the purposes of a legitimate interest), including profiling based on those provisions.
In the event that you should exercise your right to object, we shall no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
What right do you have in the case of data processing for the purposes of direct marketing?
Where we process your personal data for direct marketing purposes, you shall, in accordance with Art. 21(2) of the GDPR, have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
In the event that you should object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes.
9.2 Withdrawal of consent
You may withdraw your consent to the processing of your personal data in the sense of Point 5.4 at any time. Please note that the withdrawal is only effective with regard to future processing.
9.3 Right of access
You have the right to request information as to whether we have stored personal data concerning you. If you wish, we shall inform you of which data are concerned, for what purposes the data are processed, to whom those data are disclosed, how long the data are stored for and what further rights you have in relation to those data.
9.4 Further rights
Furthermore, you have the right to have incorrect data rectified or to have data concerning you erased. When there are no grounds for further retention, we will erase your data, otherwise we will restrict processing. You may also request that we make all personal data concerning you which you have provided to us available either to you or a person or a company of your choice in a structured, commonly used and machine-readable format.
In addition, you also have the right to lodge a complaint with a competent supervisory data protection authority (Art. 77 of the GDPR in conjunction with Section 19 of the German Federal Data Protection Act (BDSG)).
9.5 Exercising your rights
In order to exercise your rights, you can contact the controller or the data protection officer using the contact details provided. Your request will then be handled promptly and in accordance with the provisions of the law.
10. Are you obliged to provide your personal data?
In order to enter into a business relationship with us, you must provide us with those personal data which are necessary for execution of the contractual relationship or which we are obliged to collect based on the provisions of the law. Should you fail to provide us with those data, then it will not be possible for us to execute and fulfil the contractual relationship.
11. Does any automated decision-making or profiling take place?
No automated decision-making or profiling takes place.
12. Changes to this information
Should there be any essential change in the purpose or the type and manner of the processing of your personal data, we will update this information in a timely manner and inform you of the changes in due time. Therefore please check this information from time to time.
Version of duties to provide information applicable as of 06/09/2024.
Care and transparency form the basis for a trusting working relationship with our partners. It is for this reason that we are providing you with information as to how we process your data and how you can exercise the rights to which you are entitled in accordance with the General Data Protection Regulation (GDPR). The personal data which we process and the purpose of such processing depend on the respective contractual relationship.
1. Who is responsible for the data processing?
The controller is the company named in the main contract.
2. How can the data protection officers be contacted?
You can contact our data protection officer by writing to the following address:
Warner Music Group Germany Holding GmbH
Persönlich/vertraulich an den Datenschutzbeauftragten / Personal/confidential: For the attention of data protection officer only
Alter Wandrahm 14
20457 Hamburg, Germany
Germany
or by e-mail: datenschutz@warnermusic.com
3. Which of your personal data are used by us?
If you submit a request to us, have an offer drawn up by us, participate in a contract negotiation or conclude a contract with us, and we perform an existing contract with you or you are involved in the performance of a contract, we process your personal data. In addition, we also process your personal data, inter alia, for the purposes of compliance with of our legal obligations, of a legitimate interest or on the basis of consent granted by you.
Depending on the legal basis, the following categories of personal data are concerned:
- Name (first name, last name); artist name
- Contact details (address, telephone number, mobile telephone number, fax, e-mail, Messenger address)
- Date of birth; nationality; social security number; data concerning health; credit rating data; identifying data from collecting societies;
- Contract master data, in particular contract number, type of contract; contractual conditions, in particular durations, scope of rights; billing data, invoicing data, sales data; payment details/account information, tax numbers
- Account information, in particular registration and login details
- Sound and/or video recordings and/or photographs
In the course of contract preparation, we also have recourse to data which has been made available to us by third parties. Depending on the type of contract, the following categories of personal data are concerned:
- Commercial registry details
- Information on creditworthiness (via credit reporting agencies, credit insurance companies)
4. From what sources does this data originate?
We process personal data which we receive from our contractual partners, service providers and suppliers. In addition to this, we also receive personal data from the following bodies:
- Commercial registers
- Credit reporting agencies, credit insurance companies
- Other group companies
- Collecting societies; social security providers
- Social networks
5. For what purposes do we process your data and on what legal basis?
We process your personal data in particular in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG), as well as all other relevant laws.
5.1 For the performance of a contract (Art. 6(1) point (b) of the GDPR)
We use your personal data for the execution of your contract with us.
Within the scope of this contractual relationship, we will in particular process your data for the execution of the following activities:
- Contract-related making of contacts
- Contract management and central management of contract data within the company group
- Ongoing support, mutual performance of contract, in particular the production of (music) recordings, the release, distribution, marketing and promotion (including direct advertising and/or market research and opinion polls) of products,
- The settling and exercising of warranty claims, the prosecution of rights infringements, claims management,
- Measures taken at the end of the contract period and exploitation period.
You can find more detailed information concerning the purposes of data processing in the respective contractual documents.
5.2 For compliance with legal obligations (Art. 6(1) point (c) of the GDPR) or in the public interest (Art. 6(1) point (e) of the GDPR)
As a company we are subject to various legal obligations. Processing of personal data may be necessary for compliance with these obligations. In particular:
- Obligations of control and notification
- Creditworthiness, age, identity and tax residency checks
- Prevention/Safeguarding against criminal actions
- The defence or enforcement of civil law claims, in particular also in accordance with copyright laws
- Proceedings within a framework of voluntary self-regulation (Freiwillige Selbstkontrolle - FSK); proceedings of the Federal Review Board for Media Harmful to Minors (Bundesprüfstelle für jugendgefährdende Medien)
5.3 On the basis of a legitimate interest (Art. 6(1) point (f) of the GDPR)
In specific cases, we process your data for the purposes of a legitimate interest pursued by us or by a third party.
- Communication with third parties (management, lawyers or other representatives of our contractual partners)
- Consultation of and data exchange with credit reporting agencies
- For the determination of credit risks or risks of non-payment
- Within the framework of dispute resolution
5.4 On the basis of consent granted by you (Art. 6(1) point (a) of the GDPR)
If you have declared to us your voluntary consent to the collection, processing or transfer of certain personal data, then this consent forms the legal basis for the processing of those data.
We process your personal data on the basis of consent granted by you in the following cases:
- Sending out of an e-mail newsletter; personalized newsletter tracking
- Market research (e.g. satisfaction surveys)
- Marketing and advertising, customer profiling
- Publication of a customer reference (name and image)
6. To whom is your data disclosed?
For the purposes of compliance with our contractual and legal obligations, your personal data are disclosed to different public or internal bodies, as well as to external service providers.
Companies of the group:
The Warner Music Group maintains a central system for the management of contact, contract and content data to which employees of all affiliated companies have access to allow for a contractually-compliant exploitation of recordings (licensing, sub-licensing, marketing and promotion, commercial trade distribution, direct sales). A list of companies of the Warner Music Group can be consulted by clicking on this link: https://wminewmedia.com/affiliates/
External service providers and other non-public bodies:
We work together with selected external service providers in order to comply with our contractual and legal obligations:
- IT service providers (e.g. maintenance service providers, hosting service providers)
- Printing and product manufacturing services; warehousing, logistics and transport; service providers for document and data destruction
- Telecommunications, telephone support service providers (Call Centers)
- Advice and consulting; credit reporting agencies
- Marketing or sales service providers; payment service providers
- Tax advisors, auditors, accounting service providers
- Licensees, physical and digital trade
- Collecting societies (e.g. GVL, GEMA)
Public bodies:
In addition to this, we may be obliged to transfer your personal data to other recipients, such as to the public authorities for the purposes of compliance with legal notification obligations, e.g.
- Financial authorities
- Customs authorities
- Social security providers
7. Are your data transferred to countries outside the European Union (also known as "third countries")?
Countries outside the European Union (and outside the European Economic Area "EEA") handle the protection of personal data differently to countries within the European Union. For the processing of your data, we also use service providers which are located in third countries outside the European Union. There is currently no decision of the EU Commission to the effect that these third countries generally offer an adequate level of data protection.
We have therefore taken specific measures to ensure that your data are processed as securely in third countries as within the European Union. With service providers in third countries, we conclude the standard data protection clauses provided by the Commission of the European Union. These clauses provide appropriate safeguards for the protection of your data with service providers in third countries.
8. For how long will my data be stored?
We store your personal data for as long as it is necessary to do so for the purposes of compliance with our legal and contractual obligations and/or the exploitation of rights.
Should the storage of data no longer be necessary for the purposes of compliance with contractual or legal obligations, your data will be deleted, unless their further processing is necessary for the following purposes:
- Compliance with obligations of retention under commercial or tax law.
- Conservation of evidence within the scope of statutory provisions of limitation. According to the statutory provisions of limitation of the German Civil Code (Bürgerliches Gesetzbuch - BGB), these limitation periods can in some cases be up to 30 years, with the standard limitation period being three years.
- Compliance with the duration of copyright and related rights.
9. What rights do you have with regard to the processing of your data?
Every data subject has the right of access in accordance with Art. 15 of the GDPR, the right to rectification in accordance with Art. 16 of the GDPR, the right to erasure in accordance with Art. 17 of the GDPR, the right to restriction of processing in accordance with Art. 18 of the GDPR, the right to object resulting from Art. 21 of the GDPR, as well as the right to data portability resulting from Art. 20 of the GDPR. In the case of the right of access and the right of erasure, the restrictions as per Sections 34 and 35 of the German Federal Data Protection Act (BDSG) apply.
9.1 Right to object
What right do you have in the case of data processing on the basis of our legitimate interest or in the public interest?
In accordance with Art. 21(1) of the GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) of Art. 6(1) of the GDPR (data processing in the public interest) or point (f) of Art. 6(1) of the GDPR (data processing for the purposes of a legitimate interest), including profiling based on those provisions.
In the event that you should exercise your right to object, we shall no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
What right do you have in the case of data processing for the purposes of direct marketing?
Where we process your personal data for direct marketing purposes, you shall, in accordance with Art. 21(2) of the GDPR, have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
In the event that you should object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes.
9.2 Withdrawal of consent
You may withdraw your consent to the processing of your personal data in the sense of Point 5.4 at any time. Please note that the withdrawal is only effective with regard to future processing.
9.3 Right of access
You have the right to request information as to whether we have stored personal data concerning you. If you wish, we shall inform you of which data are concerned, for what purposes the data are processed, to whom those data are disclosed, how long the data are stored for and what further rights you have in relation to those data.
9.4 Further rights
Furthermore, you have the right to have incorrect data rectified or to have data concerning you erased. When there are no grounds for further retention, we will erase your data, otherwise we will restrict processing. You may also request that we make all personal data concerning you which you have provided to us available either to you or a person or a company of your choice in a structured, commonly used and machine-readable format.
In addition, you also have the right to lodge a complaint with a competent supervisory data protection authority (Art. 77 of the GDPR in conjunction with Section 19 of the German Federal Data Protection Act (BDSG)).
9.5 Exercising your rights
In order to exercise your rights, you can contact the controller or the data protection officer using the contact details provided. Your request will then be handled promptly and in accordance with the provisions of the law.
10. Are you obliged to provide your personal data?
In order to enter into a business relationship with us, you must provide us with those personal data which are necessary for execution of the contractual relationship or which we are obliged to collect based on the provisions of the law. Should you fail to provide us with those data, then it will not be possible for us to execute and fulfil the contractual relationship.
11. Does any automated decision-making or profiling take place?
No automated decision-making or profiling takes place.
12. Changes to this information
Should there be any essential change in the purpose or the type and manner of the processing of your personal data, we will update this information in a timely manner and inform you of the changes in due time. Therefore please check this information from time to time.
Version of duties to provide information applicable as of 06/09/2024.