The Openstage privacy policy

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE

Effective: October 2023

OPENSTAGE IT LIMITED a limited liability company registered in England with number 08322164 with its registered office address at 2 High Street, Chobham, Woking, England, GU24 8AA (“Openstage”) is committed to protecting and respecting personal privacy.

Openstage provides a software platform at https://www.openstage.live/ (“Platform”) designed to allow performers and other artists and their fans (“Fans”) to communicate with one another and to share information, news and offers. This policy (together with our Terms and Conditions and any other documents referred to in this policy) sets out how Openstage and Artists (collectively, “we”, “our” and “us”) jointly process Fan personal data through the Platform in compliance with the UK Data Protection Act 2018, European General Data Protection Regulation (“GDPR”),California Consumer Privacy Act (“CCPA”), and other applicable privacy laws. This policy also covers Openstage’s processing of personal data from Artists and their management team (collectively “Artists”) and Openstage’s processing of personal data of other individuals submitting personal data in connection with the Platform.

If you are a Fan, Openstage and each Artist you are a Fan of are joint controllers of your personal data. This policy covers both Openstage’s and Artists’ use of your personal data in connection with the Platform. Artists may also provide you with their own privacy policy. If so, that privacy policy (the “Artist's Privacy Policy”) shall (in addition to our Privacy Policy) apply to that Artist's use of your personal data. To the extent that an Artist's Privacy Policy conflicts with our Privacy Policy, the Artist's Privacy Policy shall prevail over our Privacy Policy. If you are not a Fan (for example, you are an Artist or another individual), Openstage is a separate and independent controller of your personal data.

Please read the following carefully to understand our practices regarding your personal data and how we will treat it, and to learn how you can exercise your rights with respect to your personal data.

PERSONAL DATA WE COLLECT FROM YOU

We collect personal data that you voluntarily provide to us through the Platform or otherwise.

Personal data that you provide to us;

• Fan account data. When you register as a Fan, we collect your first name, last name, email address, city, location, data of birth, photograph/avatar, mobile telephone number and password.

• Artist account data. When you register as an Artist, or when you book a demo through our Website, you provide us with information such as your first name, last name, photo, business address, email address, organization name, size of your current mailing list and other contact details, bank details and financial information.

• Contact information and communications. We may collect your contact information and other personal data such as your name, email address, phone number(s) or address, when you contact us via email, telephone, social media, or by other means with questions or concerns or when you voluntarily respond to questionnaires or surveys. When you contact us, you also provide us with the content of your communications.

• Artist – Fan interactions. When you communicate with a Fan or Artist through the Platform, or otherwise interact with the Platform, including by posting comments and other content or by registering your interest for an event, we collect the content of such interactions.

• Purchase and payment information. When you purchase products on the Platform such as merchandise or tickets for events, we collect information on your purchases. We rely on Stripe as our third party payment provider and we do not have access to your credit card information.

• Marketing information. If, as an Artist, you submit your interest to book a demo with us through our Website, you can choose to consent to receive marketing communications from us. If you do so, we will use your email address.

Personal data We receive from third parties:

• Streaming services. When you sign up to an Artist’s Presave on your music streaming platform, the third party streaming platform will provide us with personal data such as your music preferences and information about the music you listen to.

• Artists. Artists may provide personal data to Openstage by uploading it to the Platform. If so, Artists will invite you to use the Platform. You will be able to opt-out.

• Purchases. When you purchase items through the platform we will receive data about the purchase such as the details of the items, costs date & times of the purchase.

• SMS Text Messages Services. When you reply to an SMS text message we will receive data from our SMS text message operator about your text such as the content, date & time.

Personal data we automatically collect:

We collect personal data about you automatically when you use the Platform, including:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, your login information, time zone setting, browser type, browser plug-in types and versions, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G).

• Online activity data, such as information about how you access the Platform, information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

We collect this information through cookies and similar technologies. Please read our Cookie Policy for more information.

HOW WE USE PERSONAL DATA

We use personal data for the following purposes:

• To provide the Platform. We use personal data to operate, maintain, and provide you with our Platform, including to allow you to register as a Fan of Artists, to interact with them on the Platform and to process your payments. In particular, we use personal data to enter into a contract with you or to perform our contractual obligations under our Terms and Conditions.

• To communicate with you. We use your personal data to respond to your inquiries, comments, feedback, or questions. We do so to perform our contract with you or where it is in our legitimate business interests.

• To send administrative information to you. For example, we may send you information regarding the Platform and changes to our terms, conditions, and policies for the performance of our Terms and Conditions with you.

• For analytics and product improvement. Where it is in our legitimate business interests, we use your personal data for other business purposes, such as data analysis, analytics on the Platform and on Artist engagement, identifying usage trends, improving the content and functionality of the Platform, developing new products and features, personalising the Platform, determining the effectiveness of our promotional campaigns, and evaluating and improving our Platform, our marketing and your experience. In most cases, we will aggregate your personal data and use only aggregated information, such as statistics, which does not directly identify you, for these purposes.

• To protect our Platform. It is in our legitimate business interests to prevent fraud, criminal activity that could be damaging for us and for you, or misuses of our Platform, and to ensure the security of our IT systems, architecture, and networks, such as through troubleshooting and testing.

• For compliance and legal reasons. We may use personal data to comply with legal obligations, and it is in our legitimate business interests to use your personal data to defend us against legal claims or disputes, including to:

  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

  • audit our internal processes for compliance with legal and contractual requirements and internal policies;

  • enforce the Terms and Conditions that govern the Platform;

  • comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

• To send you marketing. We and/or our third-party marketing partners may use your personal data for our marketing purposes and to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. Except where consent is required, we undertake such marketing and advertising on the basis of our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.

HOW WE DISCLOSE YOUR PERSONAL DATA

• Artists. We may disclose your personal data to other Artists (and their managers and others authorised by them), only once you have registered as a Fan with the Artist. The Artists you have registered with may also export your personal data to a third-party platform. If so, the Artist becomes the separate and independent controller of the personal data which will be subject to the Artist’s Privacy Policy.

• Fans. If you post content, or interact with other Fans, on the Platform, for example by reacting to comments, the content of your interactions will be available to other Fans.

• Vendors and service providers We may disclose your personal data to third party service providers who have access to your personal data in the context of providing their services, including those who provide services offered on the Platform, such as:

  • Providers facilitating sales, payments or other transactions and fulfilling your orders, including Stripe;

  • Providers of SMS text and messaging services;

  • Social media applications;

  • Analytics and search engine providers that assist us in the improvement and optimization of the Platform.

• Ticketing Service Providers. We may disclose your personal data to ticketing service providers to verify your eligibility for presales, confirm your fan account status, and facilitate access to tickets, merchandise, and other offers for your selected artists.

• Professional advisors. We may disclose your personal data to business partners and professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

• Advertising partners. We disclose personal data to advertisers and advertising networks that require personal data to select and serve relevant adverts to you and others.

• Business transfers. In the event that we sell or buy any business or assets, or during negotiations for such transactions, including a corporate divestiture, merger, consolidation, acquisition, reorganisation, sale or other disposition of all or any portion of the business or assets of, or equity interests in Openstage, we may disclose your personal data to the prospective seller or buyer of such business or assets and other relevant participants.

• Authorities and others. We may disclose your personal data if we are under a duty to disclose your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions or other agreements; or to protect the rights, property, or safety of Openstage, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

DATA STORAGE AND INTERNATIONAL DATA TRANSFERS

The personal data that we collect from you is stored on UK-based cloud services but may be transferred to service providers or other third parties, in countries outside the UK or the European Economic Area ("EEA"), which may not provide the same protections as the data protection laws where you are based The Artist you have registered with may also export your personal data for use on another platform which is outside the UK or the EEA.

When we transfer your personal data to third countries, unless we can rely on a derogation provided under applicable data protection laws, we will ensure that relevant safeguards are in place to afford adequate protection for your personal data and we will comply with applicable data protection laws, by relying on an adequacy finding by the UK Government or by the European Commission or on pre-approved contractual protections for the transfer of your personal data. For more information about how we transfer personal data internationally, please contact us as set out in the “CONTACT US” section below.

HOW WE KEEP YOUR PERSONAL DATA SECURE

We use reasonable organisational, technical and administrative measures designed to protect against unauthorised access, misuse, loss, disclosure, alteration, and destruction of personal data we process. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

DATA RETENTION

We retain personal data only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable).

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of personal data, the purposes for which we use personal data and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

YOUR RIGHTS

Opt out of marketing communications. You may opt out of marketing-related communications by following the opt-out or unsubscribe instructions contained in the marketing communications we and/or the Artist send you or by contacting us as provided in the “CONTACT US” section below. When opting-out of marketing from an Artist, you may still receive marketing communications from other Artists you are registered with as a Fan. You may also continue to receive Platform-related and other non-marketing emails.

Online tracking opt out. You can opt out of third-party cookies as described in our Cookie Policy.

Your rights. As provided under the UK Data Protection Act, the European GDPR, the CCPA and other U.S. state privacy laws, and other foreign privacy applicable laws, and subject to any limitations in such laws, you may:

• Ask us for access to your personal data we hold;

• Request corrections and/or deletions of your personal data;

• Request to restrict the processing of your personal data, or object to that processing;

• Withdraw your consent (where we are processing your personal data based on your consent) to the processing of your personal data;

• Request for the receipt or the transfer to another organization, in a machine-readable form, of the personal data that you have provided to us; and

• Complain to your local data protection authority of violation of your privacy rights, or your suffering as a result of unlawful processing of your personal data.

We do not sell personal data as defined under the CCPA and other applicable U.S. state privacy laws.

Please note that, prior to any response to the exercise of such rights, we may require you to verify your identity. Depending on where you reside, you may be entitled to empower an “authorized agent” to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

In addition, we may have valid legal reasons to refuse your request, and will inform you if that is the case. If you would like to exercise your rights, or for more information on your rights, please contact us using the details in the “CONTACT US” section below.

In certain jurisdictions, you may have the right to appeal our decision regarding a request related to these rights. If you wish to appeal a decision, please contact us using the details in the “CONTACT US” section below.

CHILDREN’S PRIVACY

Our Platforms are not directed at children under the age of 13. We may collect personal data of Fans under the age of 18. If so, we rely on parental consent where required. If you have reason to believe that a child under the age of 18 has provided personal data to us through the Platform, without required parental consent, please contact us and we will delete that information from our Platform.

LINKS TO OTHER WEBSITES

The Platform may contain links to other websites not operated or controlled by Openstage, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this privacy policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy will be posted on this page and, where appropriate, notified to you by e-mail, text message or other appropriate method. Please check back frequently to see any updates or changes to our Privacy Policy.

CONTACT US

Questions, comments and requests regarding our Privacy Policy are welcomed and should be addressed to 2 High Street, Chobham, Woking, England, GU24 8AA or support@openstage.live.

We do not “sell” your personal data as that term is defined under US Privacy Laws.

Here is a summary of the categories of personal data we may collect about you and with whom we may disclose that information to.