Privacy Policy

We, T-MEDIA BV, are a Belgian company, registered in the Belgian Crossroads Bank for Enterprises under number 735.860.707 and having its registered offices at Vlaamsekaai 35 bus 3, 2000 Antwerp, Belgium (hereinafter “we”).

“We” and “us” refer to our company and the activities, services, news items and products related to us and/or our affiliated companies and their related artists (such as but not limited to Smash Artist Services BV, Thivaios BV, Smash The House Agency Hongkong Limited, Smash Esports BV, Smash Records BV, Smash Universe BV, Thivaios Music BV, Twentyeight BV, Cartel BV, Dream Big Development LLC, Dream Big Productions Inc, Green Room BV).

In order to facilitate and optimize the marketing and communication activities regarding our affiliated companies and the related artists, T-Media is responsible for the set-up and management of the marketing initiatives related to our (group’s) activities, services, products, events and/or news items.

We are the data controller for the personal data collected under this privacy policy. A “data controller” refers to the person who determines the purposes for which and the manner in which any personal data are, or are to be, used.

We are committed to protecting your privacy with respect to the personal data we process from you. With this privacy policy, we inform you of our privacy practices and how we use your personal data.

 

ARTICLE 1 – PERSONAL DATA COLLECTED ABOUT YOU

When using the term “personal data”, or “data”, in this Privacy Policy, we refer to any information that relates to an identified or identifiable natural person, either directly or in combination with other information.

We may collect personal information about you when you request our services, use our websites, and otherwise interact with us. The information we collect falls into three categories: (a) information which is shared with us by you; (b) information we collect through automated methods when you use our services; and (c) information we collect from other sources.

You may provide information to us, depending on how you interact with us, such as:

• personal details, such as your name, postal and email addresses, phone number and other contact information, when you subscribe to our newsletter, enter one of our competitions, or contact us by phone or through another means;
• demographic information such as age or gender;
• transaction information, including information about the products you buy, prices, method of
• payment and payment details;
• profile information, including products and services you like; and
• other personal information you choose to provide us when you interact with us (including through social media).

We may use automated technology to collect information from your computer system or mobile device when you visit our websites or use our online services. Automated technology may include cookies, pixels, and web beacons. There is more information below about cookies and other technologies. We may collect information such as:

• internet protocol (IP) address;
• computer or mobile-device operating system and browser type;
• type of mobile device and its settings;
• device and component serial numbers;
• referring webpage (a page that has led you to ours);
• online activity on other websites, applications or social media;

We may collect information about you from our affiliated companies and related artists or from public sources.

We do not seek sensitive information (e.g., data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation). If such information is however provided to us by you we will, where necessary, obtain your explicit consent to collect and use such information.

We understand how important it is to protect your privacy when you interact with us. It is not our policy to intentionally collect or maintain information about anyone under the age of 16. We encourage the holders of parental responsibility to take an active part in their children’s (online) activities. If you have any questions about our children’s privacy practices, please contact us using the contact information provided below.

 

ARTICLE 2 – PURPOSES TO PROCESS YOUR PERSONAL DATA

Your personal data is used for different purposes:

1. Providing and improving our services

We use data to provide and improve the services we offer. This means that your data is used to allow us to manage our activities and to provide support. This implies, without being limitative, that we need your data:

• to carry out your requests and provide products and services to you;
• communicate with you about your purchases, your accounts, your participation in our (online) contests and to respond to any query you may raise with us, and to process your request and provide you with the best service possible
• to manage our data, our records and your accounts with us;
• to manage our business, including developing new products and services, conducting consumer and operations research, and assessing the effectiveness of our sales, marketing, and advertising;
• to notify you about changes to our services, changes to our terms, conditions, and policies and/or other administrative information;
• prevent or detect any misuse or fraud;
• for business operations.

These data is also further used for statistical purposes and to produce aggregate insights. We may use such aggregated statistics for marketing purposes.

The legal basis of the aforementioned data processing lies in the necessity of this processing for the performance of our contract with you and for the purposes of the legitimate interests pursued by us.

2. Marketing and communications

We use your personal data to inform you about the services, the products, the events or relevant news items regarding the participating companies. Different channels can be used in this regard, such as e- mailing, Whatsapp and social media.

If you already have a relationship with us and/or the participating companies, you might receive marketing and/or commercial communication which might interest you or will benefit you. We consider it to be a legitimate interest to inform you of such news items and of such services, products and/or events we can offer to you.

You will also receive marketing communication regarding our services, products, events and/or news items in case you give us your consent in this regard, e.g. by giving your consent at the moment you subscribe to our newsletter and/or those of the participating companies.

You may at any time choose not to receive (direct) marketing or other materials by following the unsubscribe instructions included in each e-mail you may receive, or by contacting us directly.

3. Activities on internet platforms (Facebook, Messenger, Spotify, Bandsintown)

We use, from time to time, the following platforms:

• We may use the Facebook platform to identify unique users. The data that is gathered in this regard is limited to your profile name, first and last name, email address, gender, facebookID and timezone. This data can be used in future campaigns, to inform you about future events, upcoming tracks and campaigns related to all our artists, including the artists registered under Smash The House (Dimitri Vegas and like Mike, Lost frequencies, Wolfpack, ...).

• We may use the Facebook Messenger platform to allow direct communication between the artists and fan base. All direct messages are logged and the following information is stored: direct message ID, facebook ID, first name, lastname, email address and timezone. This platform allows us to send a direct message regarding new tracks, events or the artist related campaigns. To opt-out users can remove the direct conversation or type unsubscribe within the messenger conversation or email your deletion request towards dpo@smashthehouse.com.

• We may use the Spotify API platform to gather unique data about your profile and the following information is stored for future campaigns: Spotify user ID, playlist id, email address, public and private playlists. This data related to Spotify, which can be collected when you subscribe to our Spotify playlists, can be used to inform and adapt your Spotify playlists and add new tracks that are related to us and/or to Smash The House. You can at all times decide to unsubscribe.

• In case of a “Pre-Save” action, Spotify will send us a token when you log on to your Spotify account via the link we provide to you. This token is only valid for a period of 6 months. To opt-out, which is possible at all times, users should access their Spotify account details and remove the integration between us and your personal Spotify account.

• In order to further connect our artists with our fans, we may use the Bandsintown platform which allows you to receive notifications about our tours and artists. Bandsintown may collect your data when their logo is included on our websites, and it may use the collected data for purposes of marketing and advertising the products, services and offerings made available by Bandsintown, its affiliates or promotional partners

Please be aware that the data stored on the abovementioned platforms is also controlled by the owners of such platforms (e.g. Facebook, Spotify, Bandsintown). Please check the privacy policies related to the respective platform in this regard.

4. Management of our data pool

In order to facilitate and optimize the marketing and communication regarding the different companies and related artists within our group, T-Media is responsible for the marketing initiatives related to our (group’s) activities, services, products, events and/or news items. This includes setting- up, managing and sending out mailings regarding the participating companies as well as other forms of communication (e.g. via Whatsapp), as well as setting-up and managing websites of the participating companies (incl. the management of the cookies and similar technologies).

In order to fulfill this responsibility, a data pool has been created and is managed by T-Media, in which your personal data related to the different companies and related artists are centralized and processed.

The following companies of our group participate in this data pool: Thivaios BV, Smash Artist Services BV, Smash The House Agency Hongkong Limited, Smash Esports BV, Smash Records BV, Smash Universe BV, Thivaios Music BV, Twentyeight BV, Cartel BV, Dream Big Development LLC, Dream Big Productions Inc, Green Room BV.

The legal basis of the aforementioned data processing lies in the legitimate interests pursued by us.

5. To satisfy legal or regulatory obligations

We will process your data in order to satisfy legal or regulatory obligations with which we are required to comply, e.g. in case you request the exercise of your rights under GDPR.

6. to establish, exercise or defend a legal claim

To the extent necessary, we will process your data in order to establish, exercise or defend a legal claim.

ARTICLE 3 – COOKIES AND OTHER TECHNOLOGIES

We may use cookies, web beacons and other similar technologies on our websites and in other areas related to our business. This allows us to collect information and provide you with the services or products that you have requested.

• a “cookie” is a small text file that is placed onto an Internet user’s web browser or device and is used to remember and/or obtain information about the user;

• a “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags.

We may use these technologies to collect information about your online activities, over time and across third-party websites and devices, and to further personalize your experience with us (based a.o. on the assessment of user behavior). Some of this information is considered to be personal data, such as data about the use of the website and the logging of clicks on individual elements.

While certain cookies are necessary for the operation of our websites and cannot be disabled, other cookies require your consent. Please check out the cookie policies on our websites to find more information regarding how cookies and related technologies are used.

You can also use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Select the “Help” section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features available on a website.

ARTICLE 4 – SHARING YOUR DATA

We do not share your personal information unless:

• to our staff, legal successors and other companies within our group to the extent that this is necessary to operate our business;

• to third parties to the extent that this is necessary for our activities and/or provision of our services, e.g. (IT) service providers such as Amazon AWS, Stone Internet Services, Zendesk, Microsoft, Cumul.io and box.com, printing companies, mailing companies, payment service providers;

• you give us permission to do so, e.g. if you have accepted the use of the TikTok pixel (in which case data is transmitted to the independent controller TikTok Technology Limited Data, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland (https://www.tiktok.com/privacy/overview/en);

• there is a legal obligation, e.g. tax and accountancy obligations, police investigations, local and federal government requirement;

Your data are not sold to third parties.

ARTICLE 5 – STORAGE AND TRANSFER OF DATA OUTSIDE THE EU

The information that you provide to us will be held in the systems located at the registered office in Antwerp or in those of an appointed third party or our cloud service providers such as Amazon AWS and Microsoft Cloud Services. In some cases, this implies that your personal data will be transferred outside the EU.

In case your personal data is transferred and processed outside the EU, we only transfer your personal data to countries that are considered by those laws to provide an adequate level of protection or otherwise where we have established or confirmed that all data recipients will provide an adequate level of data protection, in particular by way of entering into appropriate data transfer agreements based on Standard Contractual Clauses (e.g., Commission Implementing Decision (EU) 2021/914) and other suitable measures, which are accessible from us upon request.

ARTICLE 6 – SECURITY MEASURES

Appropriate technical and organisational measures are taken to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. When you provide your personal data through our websites or mobile apps, this information is transmitted across the internet securely using high-grade encryption.

Data breaches can be reported by mail to: dpo@smashthehouse.com. We have an internal policy on preventing and reporting (possible) data breaches and we regularly educate our staff in this regard. Based upon the outcome of an severity assessment, We can notify affected data subjects and the Belgian data protection authority regarding the breach.

ARTICLE 7 – YOUR RIGHTS REGARDING YOUR DATA

You have the following rights regarding your personal data:

• if the processing of personal data is based on your consent, you have a right to withdraw consent at any time for future processing;. If you choose not to give your consent, or if you withdraw your consent, you will not be able to take (full) advantage of the services offered.

• you have a right to request access to your personal data and to request the rectification of your personal data;

• you have a right to object to the processing of your personal data, including the right to object to direct marketing;

• you have a right to restrict processing;

• you have the right to request a copy of your data in a digital machine-readable format, if this is technically possible, and to have it transferred in this manner to another party. This right is however subject to certain exceptions.

• you have a right to erasure, also known as ‘the right to be forgotten’. The broad principle underpinning this right is to enable you to request the deletion or removal of personal data whether there is no compelling reason for its continued processing.

You can exercise your rights by sending an email to dpo@smashthehouse.com or by sending a letter to the following address:  Vlaamsekaai 35 bus 3, 2000 Antwerp, Belgium.

In order to unsubscribe from a mailing list, you can of course use the unsubscribe instructions included in each e-mail you may receive.

ARTICLE 8 – RETENTION

We keep your information for the length of time needed to carry out the purposes outlined in this Policy and to adhere to our policies on keeping records (unless a longer period is needed by law). Our records policies reflect applicable laws. We will retain and use your information to the extent necessary to manage your relationship with us, personalize and improve your overall customer experience, and to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this Policy.

ARTICLE 9 – CONTACT

Should you have any questions about the processing of your personal data, about your rights or about our privacy policy, please feel free to contact us. The contact details are:

• postal address: Vlaamsekaai 35 bus 3, 2000 Antwerp, Belgium;

• e-mail: dpo@smashthehouse.com.

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Data Protection Authority. All information can be found at: www.dataprotectionauthority.be.

ARTICLE 10 – UPDATES

We may modify or amend this Policy from time to time at our discretion. When we make changes to this Policy, such modified or amended Policy shall be effective as of the revision date. We encourage you to periodically review this Policy to be informed about how we are protecting your information.