Eavesdrop Music - App and Website Privacy Policy
When you use the App or Eavesdrop Site (both as defined below) Eavesdrop Limited (we, us, our) will collect and use personal data about you. This policy tells you more about how we collect and use that data.
Our Privacy Policy
We are committed to protecting your personal data and respecting your privacy.
Introduction
This policy (together with our terms of use for the Services, Terms of Use at https://eavesdropmusic.com/legal/terms-of-use) applies to your use of:
the Eavesdrop application software (App) available from either the Eavesdrop Site or the App Store once you have downloaded or streamed the App onto your Mac device (Device); and
any of the services accessible through the App (Services) and the Eavesdrop website at eavesdropmusic.com (Eavesdrop Site) (such as our support centre).
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. The App and the Services are not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
This policy is provided in a layered format so you can click through to the specific areas set out below.
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED?
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS
GLOSSARY
DESCRIPTION OF CATEGORIES OF PERSONAL DATA
1. IMPORTANT INFORMATION AND WHO WE ARE
Eavesdrop Limited is the controller and is responsible for your personal data.
If you have any questions about this privacy policy, please contact us using the details set out below.
Contact details
Our full details are:
Full name of legal entity: Eavesdrop Limited.
Email address: support@eavesdropmusic.com.
Postal address: Electricity House, Colston Avenue, Bristol, United Kingdom, BS1 4TB.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.
Changes to the privacy policy and our duty to inform you of any changes
We keep our privacy policy under regular review.
This version was last updated on 7.7.22. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
Third party links
The App and Eavesdrop Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
2. THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you as follows:
Identity Data.
Contact Data.
Financial Data.
Transaction Data.
Device Data.
Content Data.
Profile Data.
Usage Data.
Marketing and Communications Data.
Location Data.
We explain these categories of data here
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We will collect and process the following data about you:
Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App or Eavesdrop Site, or by corresponding with us (for example, by email or chat). It includes information you provide when you access or use the Eavesdrop Site and sign up for news or information, download or register the App, subscribe to the Service, search for the App or Service, share data via the App's social media functions or log in’s and when you report a problem with the App or the Eavesdrop Site. If you contact us, we will keep a record of that correspondence.
Information we collect about you and your device. Each time you use the App or visit the Eavesdrop Site we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy https://eavesdropmusic.com/legal/cookies for further details.
Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling your Location sharing with us in your settings. Please note that disabling location access prohibits the App from showing other users where you are located.
- Information we receive from other sources including third parties and publicly available sources. We will receive personal data and Device Data about you from various third parties as set out below:
Analytics providers such as Google based outside the UK;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based in Ireland;
Contact Data from other users of the App and the Service, for example if they contact us about you or if you/they use the support services we provide and if you use social media log-ins (e.g. via Facebook) which provides us with information about your name and email to create a user login.
Cookies. We use cookies to distinguish you from other users of the App and the Service and to remember your preferences. This helps us to provide you with a good experience when you use the App and the Eavesdrop Site and also allows us to improve the App and the Eavesdrop Site. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy https://eavesdropmusic.com/legal/cookies.
4. HOW WE USE YOUR PERSONAL DATA
Where you have consented before the processing.
Where we need to perform a contract we are about to enter or have entered with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Purposes for which we will use your personal data
Purpose/activity | Type of data | Lawful basis for processing |
---|---|---|
To install the App, register you as a new App user and confirm your identity and age | Identity | Your consent |
To process in-App purchases, such as any donations you make to other users whose music you listen to and deliver Services, managing payments and collecting money owed to us | Identity | Your consent |
To manage our relationship with you including notifying you of changes to the App or any Services and dealing with any allegations of misbehaviour by you from other users. | Identity | Your consent |
To allow you to upload content, including video content featuring your music and likeness, share content with other users and interact with other users | Identity | Your consent |
To enable you to participate in a competition or complete a survey | Identity | Your consent |
To monitor user of the App such as participation in, and actions when taking part in, Sessions (as defined in our User Terms) and the content that you upload | Identity | Your consent |
To monitor user of the App such as participation in, and actions when taking part in, Sessions (as defined in our User Terms) and the content that you upload | Identity | Your consent |
To administer and protect our business and the App including troubleshooting, data analysis and system testing To deliver content and advertisements to you To make recommendations to you about goods or services which may interest you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the App | Identity | Your consent |
5. DISCLOSURES OF YOUR PERSONAL DATA
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table:
External Third Parties as set out in the glossary.
Other users of the App and the Eavesdrop Site as part of the Service, for example when they view your profile or listen to your content. Your profile will be visible to other users, please see our terms of use for more information.
Specific third parties such as AWS for storage and Stripe for payment services.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
6. INTERNATIONAL TRANSFERS
Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further details, see here
Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK. For further details, see here
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
7. DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology (SSL).
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. These are the following steps we take to secure the data: We use HTTPS encryption in the App and Eavesdrop Site as well as security services provided by AWS.
We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5).
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
8. DATA RETENTION
We will retain your personal data for as long as you use the App or the Eavesdrop Site.
We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we are required to do so for legal or regulatory reasons.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In the event that you do not use the App for a consecutive period of 12 months then we may treat the account as expired and your personal data may be deleted in accordance with our Data Retention Policy https://eavesdropmusic.com/legal/data-retention.
9. YOUR LEGAL RIGHTS
Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
Please click on the links below to find out more about these rights:
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at support@eavesdropmusic.com.
10. GLOSSARY
10.1 Lawful basis
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
10.2 Third parties
10.3 External third parties
The App will be hosted on AWS servers based in Ireland who provide IT and system administration services.
Stripe based in Ireland provide payment services on our behalf.
Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the UK, who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue and Customs, regulators and other authorities based in the UK who require reporting of processing activities in certain circumstances.
10.4 Your legal rights
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data's accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
11. DESCRIPTION OF CATEGORIES OF PERSONAL DATA
Identity Data: first name, last name, username or similar identifier, marital status, title, date of birth, gender, location.
Contact Data: billing address, email address and telephone numbers.
Financial Data: bank account and payment card details.
Transaction Data: includes details about payments to and from you and details of in-App or Service purchases.
Device Data: includes the mobile phone number used by the Device.
Content Data: includes information stored on your Device, including login information, photos, voice notes or other digital content.
Profile Data: includes your username and password, in-App purchase history, profile picture, content that you have listened to, data relating to the content that you upload such as track names, composer details, performer names, text, metadata and comments, details of your other websites and social media profiles including links to those sites and profiles and your location.
Usage Data: includes details of your use of the App and the Eavesdrop Site including, but not limited to, traffic data, website activity such as session duration, pages per session, bounce rate and other communication data, whether this is required for our own billing purposes or otherwise.
Marketing and Communications Data: includes your preferences in receiving marketing from us and any third parties and your communication preferences.
Location Data: includes your current location disclosed by GPS technology.