By The Pool Music  Limited Website Privacy & Cookies Policy

At By The Pool Music  Limited, we are committed to protecting the personal data that we obtain about you.

This Website Privacy & Cookies Policy (“Policy”) explains how we will process the data relating to you that you provide to us (or that we may collect from other sources) when you visit our website at www.bythepoolmusic.com (“Website”) or any of our affiliated websites that link to this Website, including:

The Website is operated by By The Pool Music  Limited (we, us, our, By The Pool Music), a company incorporated in England & Wales, company number 01432631, whose registered office is located at 2nd Floor, 167-169  Great Portland Street, London W1W 5PF, United Kingdom. Where we decide the purpose and means for the processing of the personal data that we obtain via our Website, we are the “data controller”. As data controller, we will comply with all applicable data protection laws.

Our Website may contain hyperlinks to third party websites, including those of our e-shop third party payment service providers or our associated social media sites.  These websites operate fully independently from us, and we cannot accept any responsibility or liability for the privacy practices of such third parties nor the availability of these external sites or resources.  The appearance of such links on our Website is not an endorsement.  This Policy does not apply to practices of companies that we do not own or control, or to individuals whom we do not employ or manage. Should you use any of these third party websites, such use is at your own risk and we would advise that you review their respective privacy policies.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

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About our Website

The Website allows visitors to browse and purchase the products and services that we offer. Our Terms and Conditions apply to purchases made via our Website and can be found at:   https://www.bythepoolmusic.com/terms-conditions/

 

What personal information are we likely to collect about you?

In order to provide our online sales services and other related business activities, we will need to collect and process information about you.

Information provided by you

When you use our Website, whether for browsing to obtain news about our featured artists’ latest hits and releases, to browse our e-shop for merchandise, products and services that we offer, to find out about licensing recordings from our catalogue or for any other purpose, we may obtain some personal information about you.

Contacting Us

Should you contact us using the contact details provided on our Contact Us webpage, we may obtain the following personal information about you:

  • your name

  • your email address and/or telephone number and/or fax number

  • your postal address

  • your free-text message contained in your email or fax or via a phone conversation (which may include personal data and/or special categories of personal data)

While it is possible that we might obtain sensitive personal information about you (also referred to as special categories of personal data), we will never ask for you to provide such sensitive personal information without your explicit consent unless we are required to process such data by law or such processing is otherwise lawful, such as under a lawful exception under data protection laws.

Registering for an Account

If you click on the My Account link on our Website and choose to register for an account with www.bythepoolmusic.com, we will ask you to provide:

  • your email address

  • your password (which you will create at time of registration)

When you set up an account, you will be able to access your own account dashboard, which allows you to view your recent orders, manage your shipping and billing addresses, and edit your password and account details.

You may also sign up for an account on our By The Pool Music Bespoke website. If you do choose to create an account, we will ask you to provide:

  • your first and last names

  • your email address

  • your password (which you will create at time of registration)

Each time to wish to return to your account, you will be asked for:

  • your username or email address

  • your password

before you can login and access the information held within your account.

 

Subscription of our Newsletters

If you decide to subscribe to our newsletters and updates, we will ask you to provide:

  • your email address

  • your musical interests / preferences

You will also be asked if you would like to receive information and commercial offers about By The Pool Music (which, should you change your mind, you will be able to opt-out from at any time).

 

Purchasing and Licensing

If you decide to make a purchase of the merchandise displayed on our Website (including books, CD/DVD/vinyl or other recordings, and tickets) or to license recordings from our catalogue, once you’ve select your items (which will be placed in your electronic “cart”) and proceed to checkout, we will ask you for your billing details, including:

  • your first and last names

  • your company name (if applicable)

  • your full postal address (including postcode and country)

  • your email address

  • your phone number

If you have a different shipping address, you will be asked to provide the same details as above for that address.  You may also choose to provide further details relating to your order, such as any special instructions for the delivery, which may contain personal data about you or others.

We may also enquire if you are a returning customer, which we do so that you may log into your existing account where your preferences are saved.  By doing so, you avoid having to complete the shipping and billing forms each time that you want to make a purchase.  You will also be able to see your purchasing history with us.

While we collect and store your billing and shipping information, we will not ask you for your financial details.  Instead, our e-shop will direct you to the website of one of our third party payment services providers, PayPal or SagePay, where you will be asked for your payment details, including credit card or debit card/bank account details.  This information will not be shared with By The Pool Music.

If you are enquiring about licensing tracks, albums or videos from our By The Pool Music Licensing Catalogue, you may contact us by telephone  or email (info@bythepoolmusic.com).  While you may provide personal data about yourself at that time, our Website does not collect personal information from you in relation to licensing enquiries.

You may sign up to receive our newsletter with updates about our growing music licensing catalogue, including recent syncs and licenses.  Should you choose to subscribe, we will ask you for the following information:

  • your first and last names

  • your email address

Should you later wish to unsubscribe to these newsletter updates, you can unsubscribe, or opt-out, at any time by clicking the unsubscribe link in the footer of any email you receive from By The Pool Music or by contacting us at info@bythepoolmusic.com.

 

Information obtained via third parties

Data Analytics & Cookies

We are always trying to improve our Website and to offer the best, most accessible service possible to all of our visitors and customers.

Our Website used cookies and similar technologies (e.g. beacons, pixel tags or tracking), which are small text files that are placed on your device (e.g. computer or mobile phone) by software that you download and install.  These technologies are widely used in order to make websites functions and/or work more efficiently, as well as to provide information to owners of the websites.  Cookies may also be stored in your internet browser by or on behalf of third parties, such as advertising services.

To evaluate and make improvements, we utilise third party data analytics service providers (such as Google Analytics) to improve our visibility and to monitor website browser behaviour and navigation across the Website.  These third party data analytics service providers collect this information on our behalf in accordance with our instructions and in line with their own privacy policies. We have contracts in place to protect the confidentiality of your information with all of our third party data analytics service providers.

When you visit our Website, our service providers may collect the following data, which will almost always be anonymised and aggregated before reporting back to us:

  • number of visitors to our Website

  • pages visited while at the Website and time spent per page

  • page interaction information, such as scrolling, clicks and browsing methods

  • websites where visitors have come from and where they go afterwards

  • page response times and any download errors

  • other technical information relating to end user device, such as IP address or browser plug-in

To find out more about the use of data analytics and cookies, including how to opt out, please read the section below entitled Analytics & Cookies.

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How do we use your personal data and on what basis?

When you visit our Website, whether to browse our content, sign up to our e-newsletter, to contact us about licensing or other services that we provide or to make a purchase, we (or our third party service providers acting on our behalf) may use the personal information that you provide for the purposes listed here below.  All personal information that we hold about you will be kept securely in accordance with our internal security policy.

 

Customer Services & Enquiries

When you contact us to make enquiries, we will use your personal data to:

  • provide you with information about the services and products we offer, including information about our team and relevant personnel to contact with your specific enquiries

  • send you our e-newsletters or text message notifications (where you have subscribed) and other updates about our music catalogue, events or other news, including marketing or promotional communications

  • reply to your email, postal or telephone queries, concerns or complaints

If you contact us to make an enquiry or to raise a concern about our Website or any aspect of our online services, we aim to respond to you as promptly as possible and we do so on the basis that we have a legitimate interest in replying to you.

 

Providing our Products and Services

When you use our Website to make a purchase or to enquire about obtaining a licence for recordings in our catalogue, we will use your personal data to:

  • enter into an agreement with you for the sale of goods, licensing, or to otherwise provide you with our services or products

  • perform under that agreement

We collect and use information from you to enable us to perform our sales or licensing agreements with you in relation to the production of our television series and program sales.

 

Tax and other legal obligations

Like any registered company operating in the UK, we have a number of legal obligations with which we must comply.  In doing so, we will use your personal data to:

  • report VAT and for other company tax reporting purposes (as required by law)

  • comply with regulators, law enforcement agencies or in relation to any claims that may arise

We process personal information for the legitimate interests and under the legal obligation of ensuring that use of the Website and e-shop (i) is lawful and non-fraudulent, (ii) does not disrupt the operation of our services, (iii) does not harass our staff or other individuals, and (iv) to enforce our legal rights and comply with our legal obligations.

In accordance with our legal obligations, we may disclose your information to the extent required by law which may include for financial accounting and taxation purposes with our auditors, regulators or other government bodies such as HMRC. We may also disclose your information to third parties in order to enforce or apply our contractual terms, to investigate potential breaches, to protect the rights and freedoms, property or safety of our business or those of our customers and other individuals.

Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.

If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the information we hold may be included as part of that sale, in which case you will be notified via email and/or a prominent notice on the Site of any changes in ownership or use of your information, as any choices you may have regarding that information.

Analytics & Cookies

Our Website uses cookies and other mechanisms to collect log and analytical information, to help analyse how visitors use the site and to compile statistical reports on Website activity.

We use cookies and similar technology to:

·       learn about how the Website is being used and which types of individuals are using it

·       record and report user behaviour, location, audience, demographic and interest data

·       record which other websites and/or platforms have referred users to the Website

·       optimise and improve the Website and improve our services

·       make it easier for you to fill in forms via the Website

·       enable the Website to remember your preferences

·       provide you with relevant advertising

To find out more about the use of cookies, you may wish to visit www.allaboutcookies.org/.

Our Website also uses Google Analytics and you can find out more here: How Google uses data when you use our partners’ sites or apps.

To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/ or your Google Ads Settings.

To view Google Analytics terms of service, please visit: https://www.google.com/analytics/terms/gb.html

For example, we use data analytics to:

·     process information to understand how visitors use our Website and to compile statistical reports regarding that activity. (For example, your IP address may be obtained to approximate the country from which you access our Website, enabling us to use this information in aggregate to discern various statistics, such as from where most of the visitors to our Website come e.g. EU-based or more globally).

·     Process information that is crucial to the running of our online business, enabling us to better forecast and meet future demand of our visitors, to provide greater access to a wide base of Website visitors, and to effectively reach out to the followers of our featured artists and others who may be interested in our featured events, merchandise and other services.  We therefore undertake such monitoring in the pursuit of our legitimate interests in improving our Website, and providing a better service and source of information to visitors.

This information is not used to develop a personal profile of you.

 

Financial Transactions

All financial transactions via our e-shop are handled directly by our third party payment service providers. We will not receive any of the financial information that you provide to them. The payment service providers which we use are PayPal (Europe) S.à r.l. & Cie, S.C.A. (“PayPal”) at www.paypal.com or www.paypal.com/uk/home and Sage Pay Europe Limited (“SagePay”) at www.sagepay.co.uk.

 

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Do we share your personal information with anyone else?

We will only ever share your personal information with third parties in the ways that are described in this Policy. If you would like to find out more about how those third parties use your information, this should be set out in their respective privacy policies accessible on their websites.

Personnel, Suppliers and Subcontractors

We keep your personal information confidential, but may disclose it to our personnel, suppliers or subcontractors (including our cloud-based data processing, data analytics and payment service providers) insofar as it is reasonably necessary for the purposes set out in this Policy, provided that they do not make independent use of the information and have agreed to adhere to the rules set out in this Policy.

In some instances, this data sharing may involve the transfer of information outside the European Economic Area (“EEA”), including to personnel, suppliers and subcontractors of our group companies or those of our trusted third parties. Please see our section on International Data Transfers below.

Marketing

Where you have subscribed to our newsletters and updates, you will be asked about marketing permissions. We use various forms of marketing, including the services of a third party mailing list service provider (MailChimp; www.mailchimp.com), to provide you with promotional materials about our services.

If you opt-in, we might send you marketing emails about products or services which are similar to or related to those available via our online services, or contact you by phone or SMS.

We may anonymise information about you (so that you cannot be identified from it) and provide the anonymised data to third parties for marketing analysis purposes or to market the Website.  We will not pass your personal information (which identifies or could be used to identify you) on to third parties for marketing purposes unless we have obtained your consent to do so.

 

Social Media

Our Website contains links to By The Pool Music’s social media pages on Facebook, Instagram and Twitter.  These third party websites have their own respective privacy policies (which we would advise you to read) for which those sites are solely responsible.

Should you visit those websites and choose to follow us, By The Pool Music may receive personal information from those independent platform providers, including:

·       your name (first and last)

·       your email and postal addresses

·       your telephone number(s)

·       IP address

·       location data

·       social media account url

·       your login details

·       your date of birth / age

·       your gender

·       your general interests

If we do receive any personal information about you from these third party social media platforms, we will not process your information for the purposes of direct marketing unless you have provided your consent or it is otherwise lawful for us to do so.

If you would like us to delete the personal information that we have received about you from these sites, please email us at info@bythepoolmusic.com.  If you do not want us to receive further information about you from these sites, you should contact the sites directly to turn off the ‘follow’ setting.

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Your choices and rights in relation to personal data which we process relating to you

You have the following rights over the way we process personal data relating to you.  We aim to comply without undue delay, and within one month at the latest:

  • to ask for a copy of data we are processing about you and have inaccuracies corrected;

  • to ask us to restrict, stop processing, or to delete your personal data;

  • to request a machine readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and

  • to make a complaint to a data protection regulator. You may contact them at: https://ico.org.uk/concerns/

To make a request in relation to any of the aforementioned rights, please email us at info@bythepoolmusic.com.

 

If you are unhappy with the way that we are processing your personal data, please let us know.  The best way to bring this to our attention is by emailing us at info@bythepoolmusic.com.

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Children

We do not knowingly use the Website to solicit data from or to market or sell to children under the age of 13.

If a parent or guardian becomes aware that his or her child has provided us with information or may be receiving communications from us or otherwise interacting with our Website without consent of a parent or guardian, we ask that this be brought to our immediate attention.  We will make it our priority to address this situation and delete information relating to a child as soon as practicable.  In such an event, please contact us at info@bythepoolmusic.com.

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Security

We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Website and services, taking into account the likelihood and severity those risks might pose to the rights and freedoms of our customers and other individuals who might be impacted.

In particular, we will take precautions to protect against the accidental or unlawful destruction, loss, or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.

Please be aware that, while we make the security of our Website and your personal information a high priority and we devote considerable time and resources to implementing and maintaining robust information technology security, no security system can prevent all security breaches. By choosing to share your personal information with us, you accept the aforesaid and provide your information at your own risk.

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Retention

In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary. Once the purpose for which information has been collected has been fulfilled, we will either permanently delete your personal information or remove all identifiers within it so that it is no longer personal data.  We may use such anonymised data for research and/or business analysis purposes.

By way of example, if you contact us by email or via a form submitted via the Website, we will keep records of what is communicated to ensure that we have a record of our discussion for future reference and for the improvement of our services and Website.  Generally, such records will be deleted five (5) years from the date that record was first received and recorded.

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International Data Transfers

Our servers are located in the European Union and the information that we collect directly from you will be stored in these servers. We may also transfer your personal data to members of our group of companies and our third party service providers, many of whom may be located outside of the EU, operate from multiple locations including non-EU based operations or engage sub-processors located outside the EU.

There are agreements in place between our group company members and with all of our third party service providers to ensure that those parties process personal data using appropriate safeguards that meet the requirements of data protection laws. Such appropriate safeguards may include standard data protection clauses adopted by a data protection regulator and approved by the European Commission, such as the European Commission’s standard contractual clauses.

If you would like to find out more about these safeguards or if you have any other queries or comments in relation to this policy, please let us know by emailing us at data@bythepoolmusic.com.

Changes to this Privacy Policy

We may make changes to this privacy and cookies policy in the future, from time to time.  We will notify you of any changes to this Policy by posting the new version on our Website. You are advised to consult this Policy webpage regularly for any changes.

Contact Us

Questions, comments and requests in relation to this Policy are welcome and should be addressed to info@bythepoolmusic.com.  We will try to respond to you within 48 hours.

Alternatively, you may address these to the data protection supervisor at By The Pool Music Limited, 2nd Floor, 167-169 Great Portland Street, London W1W 5PF , United Kingdom.

 

This Policy was last updated in July 2020.

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