Privacy Policy

Effective Date: 21/09/2022

Respect for privacy and more specifically, the protection of personal data against unauthorized disclosures or processing, is a primary consideration for Winamp. Modern information and communication technologies play a fundamental role in the activities of an organization like Winamp.

The purpose of this Privacy Policy (the “Policy”) is to explain clearly and simply to you how Winamp  collects, processes, modifies, transfers, stores, archives, views and deletes your personal data when you access the Website and domain name, mobile applications, and any other linked pages, features, content, or application services offered from time to time by Winamp in connection therewith (collectively, the “Service”), or otherwise interact with us.

By accessing or using the Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. This Policy is updated regularly. We invite you to check our Site on a regular basis to see the version of the Policy currently in force.

All terms written with a capital letter have the meaning described in Winamp’s Terms of Use. All other terms used below shall be understood as defined in Article 4 of the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).

 

Table of Content:

1. Who are we?

2. Which personal data do we process, and why?
     What data do we process?
     How do we obtain this data?
     We may receive personal data relating to you from:
     Why do we process this data?

3. Does Winamp Collect Children’s Data?

4. How do we protect your personal data?
    On Winamp’s side
    On your side
    Third’s links

5. Do we pass on your personal data? And to whom?
Information we share with Creators
Information we share with third parties
Profiling and automated decisions
      How long do we keep your personal data?
      The use of your personal data for commercial purposes
      What are your privacy rights and how can you exercise them?

6. Overview of your privacy rights
How can I exercise my rights?

7. How to contact us?

8. Stay informed about changes

 

1. WHO ARE WE?

We are Winamp SA (with registered offices at Lennik Road 451, 1070 Brussels – Belgium) and registered under number BE0547.610.431, hereinafter referred to as ‘Winamp’). Winamp is a company active in the music sector. We are responsible for the collection and use of your personal data, and we protect it with due care. Winamp is the data controller.

2. WHICH PERSONAL DATA DO WE PROCESS, AND WHY?

2.1. What data do we process?

Identification information
The information that you provide to us through text fields to create your account: Email address, password, date of birth, country of residence, display name, profile picture, first name, last name or other likeness, settings, associations with Creators and Users, purchase history, and any other information you provide in connection with your account.

You may also sign up using a Facebook or Google account. We will ask permission to access basic information from your Facebook or Google account, such as your name, email, and profile picture. You can choose to stop sharing that information with us at any time by going to Facebook or Google to remove Winamp’s access to that account and your ability to log in. As a Creator, you also have the option to add more information to your public profile, such as a location, social media links, and an about section, which we store along with any comments or messages you submit on Winamp.

Financial information
Your credit card number, bank account number, and billing and shipping address. This information is collected and processed by our payment processor, as necessary to complete your purchase. We do not receive your credit card information directly, but we may receive information about the transaction, such as the date and time it occurred.

Creator information
Your address, professional information such as your PRO and the eventual information about your representant (if you are not self-represented).

You have the option to add more information to your public profile, such as a biography, location, tags, social media links, and an about section, which we store along with any comments or messages you submit on Winamp.

 

In addition to the above, we may automatically collect the following types of information:

Website activity information, such as application logs, data files, information collected by cookies, IP address, browser information, and metrics generated in the normal operation of a website.

We may use software tools such as JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.

We may store usage information such as the type of device you use to access Winamp, your operating system, browser type, IP address, and device ID, the pages you visit or request, links clicked, referring sites, user interactions and your search terms. We also derive your location from your self-disclosed country, your IP address, and from your payment card.

 

2.2. How do we obtain this data?

We may receive personal data relating to you from:

1.        You directly when you provide us with information about you e.g., when you subscribe to a Service, when you contact our customer service, fill in a survey or a contact form;
2.        Your use of Winamp’s Service;
3.        Third parties that provide us with information about you.

 

2.3. Why do we process this data?

We process personal data for a variety of purposes, always using only the data that is necessary to achieve the purpose.

In general, we process your personal data:
·        in connection with the preparation, execution or termination of a contract
·        to comply with a legal obligation;
·        for the protection of our legitimate interests, in which case we will always try to strike a balance between that interest and respecting your privacy.
·        If the processing of your personal data is not necessary for one of these three reasons, we will always ask for your consent to process your personal data.

Overview of all purposes and legal grounds on which we process your personal data:

Conclusion / Execution of the contract and customer management
Legal Basis: Contract Execution

When you order a Service, your data is processed to provide you with the ordered Service, for billing purposes or for the proper administration of our customers.  For this purpose:
·        We collect identification data to ensure the conclusion of a valid contract,
·        We provide you with the Service,
·        We collect communication data to send you communications strictly related to the execution of your contract,
·        We use your identification, consumption and financial data for customer management and billing purposes.

Managing registered Users of the Site
Legal Basis: Contract Execution

To allow you to use the Service, to set up a user account and profile, modification and closure of user accounts, follow-up of the relationship, support, and assistance.

Improving the quality of our products/services
Legal Basis: Legitimate interest

To operate, evaluate and improve our business, including developing new products and services; managing our communications; determining the effectiveness of, and optimizing the content you see; analyzing our products, services, website, mobile application, and any other digital assets; facilitating the functionality of our website, mobile application, and any other digital assets.

Managing our Site
Legal Basis: Legitimate Interest/Consent

We use your login data to manage our Site in the best possible way. You can visit our Site without disclosing your personal data. However, access to certain parts or functions of our Site may be restricted to visitors who have a subscription if they can provide the correct login and password. We record information about your connection to our Site and the software and equipment you use to connect to it.
We refer you to our cookie policy for more information on how we manage our Site. Our Site may contain hyperlinks to websites not operated by Winamp These hyperlinks are provided for your information and Winamp has no control over the content of these sites. We advise you to also carefully review the privacy policy of these websites.

Copyright reporting
Legal Basis: Legal Obligation

We process data to ensure copyrights rights are paid.

Managing money transfers
Legal Basis: Contract Execution

To process sales and purchases, to transfer money, and to provide the expected receipts, statistics, and reports to you.

Fighting fraud, money laundering and terrorist financing
Legal Basis: Legal Obligation

To fight fraud, money laundering and terrorist financing.

Managing complaints, pre-litigation and litigation
Legal Basis: Legal Obligation

We retain exchanges and material relevant to a possible future dispute until the expiry of the applicable legal retention periods

Retention of data related to the creation of accounts, connections to the platform, creation of content and payments made, with a view to possible judicial enquiries
Legal Basis: Legal Obligation

We retain exchanges and material relevant to a possible future dispute until the expiry of the applicable legal retention periods

Commercial use (marketing and direct marketing) for services of Winamp (and Affiliates).
Legal Basis: Consent

Direct Marketing is the sending of advertising and carrying out of analyses with a commercial aim. We may use your data to offer you new services or special promotions that we think may be of interest to you.
We may also send you newsletters.

User Surveys
Legal Basis: Consent or Legitimate interest

From time to time, we may solicit your participation in user surveys. We may ask you demographic information, including information related to your gender, ethnicity, race, age, sexual orientation, earnings, and accessibility to better understand and serve our user base which you may elect to share or not. We collect such information to ensure we provide fair and equal access to our service. To the extent that you participate, we will store your survey responses.

Event Information
Legal Basis: Consent

At in-person and online events, we may request information from you. This is done to better tailor the event experience to those in attendance. This information may include your name, email address, payment details, mobile phone number, demographic information, social media and other online accounts you maintain, details around the types of works you create, and survey or feedback responses.

Reports and statistics
Legal Basis: N/A

Data about our customers can be anonymized and aggregated into larger sets for internal and external reporting or statistics. However, Winamp takes all necessary steps to ensure that reports based on this data do not identify individuals.

 

The collection of payments and the disbursement of funds are handled by our payment providers. They carry out processing of personal data for which they are responsible, as described in their respective privacy policies.

 

3. DOES WINAMP COLLECT CHILDREN’S DATA?

The Winamp Service for User has a minimum “Age Limit”. The Winamp Service is not directed to children whose age:
·        Is under the age of 13,
·        Or makes it illegal to process its data,
·        Or requires parental consent to process its data.

If you learn that your child has provided us with personal data without your consent, you may alert us by using the contact details provided in the “How to contact us” section below. If we learn that we have collected any personal data from children under the Age Limit, we will promptly take steps to delete such information and terminate the child’s account.

 

4. HOW DO WE PROTECT YOUR PERSONLA DATA?

4.1. On Winamp’s side

Winamp takes the security of your personal data very seriously. Winamp implements policy, rules and security measures targeting the protection of personal data.

Winamp endeavors to protect user information to ensure that your personal data is kept private. We use physical, managerial, and technical security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. These measures ensure an adequate level of protection in view, on one hand of the state of techniques in the field and the costs entailed for the application of these measures and, on the other hand, of the nature of the personal data to be protected and the potential risks.

Monitoring the security of computer systems

Winamp takes the necessary measures to ensure that the confidentiality of your data is guaranteed. To do this, Winamp regularly checks that its computer systems guarantee an appropriate level of protection. In addition, Winamp authorizes certain third parties to also monitor the security of Winamp’s computer systems.

Privacy by Design

For each project involving the processing of personal data, the DPO checks compliance with the GDPR principles (e.g. processing only the data necessary for each specific purpose – Privacy by Default) and ensuring that the appropriate technical and organizational measures, in accordance with the international rules and standards in force have been implemented.

Transfers to partners (data processor and separate data controller)

As you will have read in this Policy, for some services Winamp uses specialist partners who act as separate data processors or controllers. Winamp ensures the protection of your personal data by appropriate provisions in its contracts with these partners, and only uses partners which implement the appropriate technical and organizational measures.

Under no circumstances does Winamp share your personal data with third parties without there being a specific purpose justifying the transfer of personal data.

Data Transfers outside EU

When Winamp works with data processors located outside the European Economic Area (EEA), it takes appropriate measures (Standard Contractual Clauses, technical and organizational measures and data protection impact assessments – Articles 35 and 46 of the GDPR) to guarantee that your personal data are properly protected in the destination country:
·        Either the data is transferred to a country that has been deemed to provide an adequate level of protection by a decision of the European Commission;
·        Or we have entered into a specific contract with our subcontractors for the transfer of your data outside the European Union, based on the standard contractual clauses between a controller and a subcontractor approved by the European Commission.

Staff training and awareness-raising

All employees are made aware of personal data protection issues through trainings. Winamp ensures that its employees comply with the instructions for the processing of personal data.

4.2. On your side

However, no measures are 100% secure and unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of your personal data. To protect the security of your data, you need to select and protect your password appropriately and limit access to your computer and browser by signing off after you have finished accessing your account.
·        You can also help keep your personal data secure by following the advice below:
·        use the most recent operating system on your device and install all security updates;
·        use the most recent version of your web browser and install all security updates;
·        install antivirus software, anti-spyware software and a firewall, and adjust your preferences so that these safeguards are updated regularly;
keep your codes confidential;
·        Use best-practices when it comes to setting up your password: you shouldn’t be using the same password on all your services, and your password should be as complex as possible (inclusion of capital letters, numbers, special characters, etc.).

4.3. Third’s links

The Service may contain links to other sites. Winamp is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected by Winamp.

 

5. DO WE PASS ON YOUR PERSONAL DATA?

Personal data about our customers is an integral part of our business. We neither rent nor sell your personal data to anyone. We share your personal data only as described below.

5.1. Information we share with Creators

By becoming a User, you agree to have the following information shared with that creator: your display name, the subscribed tier, any posts, likes, or comments you make.

All the other information shared with the Creators will be anonymized data.

5.2. Information we share with third parties

We never sell your information to third parties. We will only share data with third parties, other than with Creators, under the following circumstances:
·        With our processors who are companies that are contractually engaged with us to provide us with services, such as service providers (for the customer support, technical infrastructure…), payment partners (for the payment and the fraud detection…) advertising partners (to increase our brand awareness and user engagement with marketing initiatives,..). Our processors are bound by confidentiality and security obligations, as well as other obligations listed in the GDPR. We choose our processors carefully and, in any event, remain responsible for the processing of your personal data by our processors.
·        to our partners in cases where you have expressed your wish to participate in a specific partner operation.
·        to our online payment service providers to ensure the effective completion of fund transfers and to enable them to fulfil their own due diligence and obligations in terms of the fight against fraud, money laundering and the financing of terrorism.
·        to public authorities, judicial auxiliaries, persons in charge of financial control (auditors, chartered accountants), entities in charge of the fight against fraud, money laundering and terrorist financing, exclusively to meet our legal obligations.
·        in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company.

 

6. PROFILING AND AUTOMATED DECISIONS

Profiling is the automated processing of your personal data to assess certain personal factors such as your interests or your personal preferences, etc.

In order to offer you certain products and services quickly and efficiently, your personal data may occasionally be processed in an automated manner either fully or in part.

Winamp does not make any automatic decisions based on profiling that have legal consequences for you, or which significantly affect you.

 

7. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

Winamp stores your personal data only for as long as it is necessary for the fulfillment of the purpose for which it was collected, unless otherwise required or authorized by applicable law. We take measures to destroy or permanently de-identify personal data if required by law or if the personal data is no longer required for the purpose for which we collected it.

 

8. THE USE OF YOUR PERSONAL DATA FOR COMMERCIAL PURPOSES

If you gave your consent to receive direct marketing, Winamp will process your personal data, and in particular your contact details, to send you direct marketing.

Any advertising communication sent by e-mail by Winamp contains a link enabling you to easily withdraw your consent for marketing purposes.

You can also indicate at any time that you no longer wish to receive direct marketing by logging on to the Site. Winamp will never process your data if you have withdrawn your consent for marketing purposes.

 

9. WHAT ARE YOUR PRIVACY RIGHTS AND HOW CAN YOU EXERCISE THEM?

9.1. Overview of your privacy rights

Right of access

You have a right of access to your personal data that are processed by Winamp.

If you discover that your data are inaccurate or incomplete, you can ask us to make corrections.

Right to rectification

You can amend some of your personal data yourself by logging on the Site.

For data that you cannot change yourself on the Site, you also have the right of rectification in the event of an error or omission.

Right to be forgotten

In some specific cases, the regulations allow you to have your personal data deleted from Winamp’s database. This is the case, in particular, if the data are no longer necessary to achieve the purposes for which Winamp collected them.

However, Winamp may store your personal data when they are needed for establishing, exercising or defending its rights in court, or for Winamp to comply with its statutory obligations (see section ” How long do we keep your personal data?”).

Right to data portability

By virtue of this right, you may ask Winamp to send your personal data to you or to send them directly to another data controller, where this is technically possible for Winamp. This right only applies to data which you yourself have supplied to Winamp and which are automatically processed on the basis of the contract or your consent.

Right to withdraw your consent

When your data are processed because you have provided your consent, you have the right to withdraw this consent at any time. However, withdrawing your consent does not call into question the legality of the processing carried out during the period before you withdrew your consent.

Right of objection

You have the right to object, for reasons relating to your particular circumstances, to any processing of your personal data which is based on Winamp’s legitimate interests. However, Winamp will be unable to grant your request if there are legitimate and overriding reasons that prevail over your interests, rights and freedoms, or if the processing of your data is required in order to establish, exercise or defend its rights in court.

 

9.2. How can I exercise my rights?

If you wish to exercise these rights, please submit your request to [email protected]. Please identify yourself in your message.

Is there a charge? You may exercise your privacy rights free-of-charge, unless your request is manifestly unfounded or excessive, in particular due to its repetitive nature. In such a case, we have the right and the choice – in accordance with the privacy legislation – (i) to charge you a reasonable fee (which considers the administrative costs of providing the requested information or communication and the costs involved in taking the requested measures), or (ii) to refuse to comply with your request.

In what format will I receive a reply? The information will be provided electronically. We will provide you with a response that is concise, transparent, understandable, and easily accessible.

When will I receive an answer? We will respond to your request as quickly as possible, and, in any event, within one month of receipt. Depending on the complexity of the requests and the number of requests, this period may be extended by two months if necessary. If the deadline is extended, we will inform you of this within one month of receiving the request.

 

10. HOW TO CONTACT US?

If you have any questions or concerns regarding the privacy of your personal data by Winamp, or if you would like to exercise your rights, please send a detailed message to [email protected].

 

11. STAY INFORMED ABOUT CHANGES

Winamp may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal data, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when they use the Service after such changes have been first posted.

 

Last version updated on September 21th, 2022