This Privacy Policy was updated on 2nd December 2023

Introduction

The Site is operated by Nex Artist Limited trading as Nex Artist (“Nex”) (we, us and our). We are a limited company registered in the United Kingdom. Our registered company number is 13093536, and our registered office is at Marsland Chambers, 1a Marsland Road, Sale, England, M33 3HP.

Nex Artist is a web application and a mobile application platform. The web application enables music artists to upload their tracks (Artists), and the mobile application enables users to listen to tracks via their devices by streaming (Listeners). Both Artists and Listeners register an account. Registered accounts can be used for accessing both the web application (as an Artist) and on the mobile app (as a Listener). In addition to creating an account with an email address and password, Google accounts can instead be used to authenticate on the platform. Signing up with a Google account negates the requirement to verify the user's email address.

Artists on the web application and Listeners on the mobile application use the platform with a limited qualified licence set out in the terms and conditions (together referred to as “users/you”).

Part of these terms and conditions is specific to Artists on the web application at https://nexartist.app and part is specific to Listeners on the mobile application.

This privacy policy (together with our terms and conditions and any other policies referred to within explains what information we gather about you, what and how we use that information, the lawful basis on which that information is used and to who we give that information to. It also sets out your rights and our obligations in relation to your information and who you can contact for more information or queries.

Please print a copy of this privacy policy for future reference.

We are the controller of personal data obtained via our site, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

We take your privacy very seriously. Please read this privacy policy carefully, as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your personal data) in connection with your use of our website. It also explains your rights in relation to your personal data and how to contact us or the relevant regulator in the event you have a complaint.

We collect, use and are responsible for certain personal data about you. When we do so, we are subject to the UK General Data Protection Regulations (UK GDPR).

Children

We understand the importance of protecting children's privacy. Our Site is not designed for, or intentionally targeted at, children. It is not our policy to intentionally collect or store information about children.

Given the nature of our website, we do not expect to collect the personal data of anyone under 18 years old. If you are aware that any personal data of anyone under 18 years old has been shared with our Site, please let us know so that we can delete that data.

This privacy policy is divided into the following sections:

• What this policy applies to
• Personal data we collect about you
• How your personal data is collected
• How and why we use your personal data
• Marketing
• Who we share your personal data with
• How long your personal data will be kept
• Transferring your personal data out of the UK [and EEA]
• Your rights
• Keeping your personal data secure
• How to complain
• Changes to this privacy policy
• How to contact us

What this policy applies to

This privacy policy relates to your use of our site only.

Throughout our site, we may link to other websites owned and operated by certain trusted third parties. Those third-party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third-party websites, please consult their privacy policies as appropriate.

Personal data we collect about you

The personal data we collect about you depends on the particular activities carried out through our website. We may collect and use the following personal data about you:

• your name, address and contact information, including email address and telephone number and company details
• information to check and verify your identity, eg date of birth
• your gender, if you choose to give this to us
• location data, if you choose to give this to us
• your billing information, transaction information, payment details
• details of any information, feedback or other matters you give to us by phone, email, post or via social media
• your account details, such as username and login details
• your activities on, and use of, our website
• your personal or professional interests
• information about the services we provide to you
• information about how you use our website and technology systems (certain statistical data is recorded from listener interactions on the mobile app. The purpose of this is so the data can be presented in a reporting format to artists on the web app, to enable them to understand the level of engagement they are receiving. Statistical data is stored securely and is only visible to the relevant artist within the web app. Statistical data is not processed or sold in any way. Examples of statistical data include track streams (total number of seconds), streaming link clicks, social media link clicks and profile views. We reserve the right to remove/add/amend the amount of statistical information recorded at any time without notifying you.
• your responses to surveys, competitions, and promotions

You may be requested provide this personal data including your name; age; date of birth; gender; e-mail address; home address; and country of residence unless we tell you that it is optional.

Sometimes you can choose if you want to give us your personal data and let us use it. Where that is the case we will tell you and give you the choice before you give the personal data to us. We will also tell you whether declining to share that personal data will have any effect on your use of our website or any services on it.

We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data below.

How your personal data is collected

We collect personal data from you:

Directly when you enter or send us information, such as when you provide information to us by filling in forms on our site. This may include information provided at the time of registering, subscribing to any of our services, posting material, sending messages and posting using our messaging tool, giving reviews, making or receiving payments through your User Account or requesting further services.

• Details of transactions and projects you carry out via our site.
• We may ask you for information when you report an issue or concern or we have or receive a complaint or query about you (whether or not a formal dispute is raised).
• We will keep accounts of reports of illegal activity made by Users or Third Parties regarding use of the Site including violation of the guidelines in the terms and conditions. This Report Data will consist of the user, artist, report reason and date/time.
• We may keep a record of correspondence between you and us.
• We may ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• We may collect or obtain personal data from you because we observe or infer that data about you from the projects you undertake, or the way you interact with us or others. For example, to improve your experience when you use our Site and ensure that it is functioning effectively, we (or our service providers) may use cookies (small text files stored in a user’s browser) and Web beacons which may collect personal data. Additional information on how we use cookies and other tracking technologies and how you can control these can be found in our Cookie Policy.

How and why we use your personal data

Under Data Protection Laws, we can only use your personal data if we have a proper reason, e.g.:

• where you have given consent
• to comply with our legal and regulatory obligations
• for the performance of a contract with you or to take steps at your request before entering into a contract, or
• for our legitimate interests or those of a third party

The Purposes for which we process your personal data:

• Create and manage your account with us
• Providing the Site
• To enforce legal rights or defend or undertake legal proceedings
• Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive or to check our website is working as intended
• Communications with you not related to marketing, including about changes to our terms or policies or changes to our Site or other important notices
• Protecting the security of systems and data used to provide the services
• Analysis of statistical data to help Users understand the level of engagement via the Site
• Updating and enhancing user records
• Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, eg to record and demonstrate evidence of your consents where relevant
• Marketing our services to existing and former Users

We will only process your personal information for the above purposes, with the exception of consent, because:

• of our legitimate interests in the performance of activities that form part of the operation of our business;
• of our legitimate interests in the effective and lawful operation of our business so long as such interests are not outweighed by your interests or fundamental rights and freedoms;
• of the legal and regulatory obligations that we are subject to, such as keeping records for tax purposes or providing information to a public body or law enforcement agency; or
• the information is required in order to carry out the activities that form part of the operation of our business (e.g. the processing is necessary to perform our contractual obligations towards you). A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below). Examples of the ‘legitimate interests’ referred to above are:
• to benefit from cost-effective services (e.g. we may opt to use certain IT platforms offered by suppliers);
• to verify the accuracy of information provided by a third party.
• to prevent fraud or criminal activity.
• to safeguard the security of our IT systems, architecture and networks, and of our physical premises; and to the extent that we process any sensitive personal data relating to you for any of the purposes outlined above, we will do so because either: (i) we are required by law to process that data in order to ensure we meet our ‘know your client’ and ‘anti money laundering’ obligations (or other legal obligations imposed on us); (ii) the processing is necessary to carry out our obligations under employment, social security or social protection law; (iii) the processing is necessary for the establishment, exercise or defence of legal claims; or (iv) you have made the data manifestly public.

Who we share your personal data with

We routinely share personal data with:

• third parties we use to help deliver the Site
• other third parties we use to help us run our business, eg marketing agencies or website hosts and website analytics providers
• We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.
• We or the third parties mentioned above occasionally also share personal data with our professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
• law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations

How long your personal data will be kept

We will hold your personal data on our systems for the longest of the following periods: (i) as long as is necessary for the relevant activity (which is typically 7 years); (ii) any retention period that is required by law or regulation; or (iii) the end of the period in which litigation or investigations might arise in respect of our activities.

Your rights

You generally have the following rights, which you can usually exercise free of charge:

Access to a copy of your personal data	The right to be provided with a copy of your personal data
Correction (also known as rectification)	The right to require us to correct any mistakes in your personal data
Erasure (also known as the right to be forgotten)	The right to require us to delete your personal data—in certain situations
Restriction of use	The right to require us to restrict use of your personal data in certain circumstances, eg if you contest the accuracy of the data
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object to use	The right to object: —at any time to your personal data being used for direct marketing (including profiling) —in certain other situations to our continued use of your personal data, eg where we use your personal data for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to decisions without human involvement	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by our website
The right to withdraw consents	If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under UK GDPR.

If you would like to exercise any of those rights, please write to us at [email protected] providing enough information to identify yourself (eg your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you and let us know which right(s) you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine need to access it. We also have procedures to deal with suspected data security breaches. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Requesting your account and associated data to be removed

We offer users the ability to request their account and data to be removed. To submit the request, users will need to:

• Log into the Nex Artist mobile app.
• Navigate to the settings page by tapping on the settings cog icon.
• Tap on user settings.
• Under the 'Delete account' heading, tap the Delete user account button.

We will manually delete your account and associated data from our records within 5-7 working days.

How to complain

Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have. You also have the right to lodge a complaint with the Information Commissioner in the UK. The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.

Changes to this privacy policy

We may change this privacy policy from time to time. When we make significant changes we will take steps to inform you, for example via email.

How to contact us

You can contact us by email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under Data Protection Law or to make a complaint.

Our contact details are shown below:

Our contact details	Our Data Protection Officer's contact details
[email protected]	[email protected]