Privacy policy

Updated: 31/8-21: Section 9. Cookies

1 Introduction

TONO is committed to protecting the personal data processed within the organization and thus the privacy of the data subjects. In accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"),GDPR«), TONO is obliged to inform you about its processing of personal data.

TONO is the data controller for the personal data TONO processes about its registered users. If you have any questions about TONO's processing of personal data, or wish to exercise your rights under data protection legislation, you can contact us at:

TONO SA, tel. +47 2205 7200, e-mail: tono@tono.no.

2 Definitions

In this privacy policy, we use a number of words that have the following meanings:

  • «Personal information» is, in short, all information that can be linked to a (living) person, such as name, email address, address, or any combination of information that means a person can be identified.

 

  • «Treatment» means any operation (action/measure), or set of operations, which is performed on personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

  • «treatment Responsible» is the person who, alone or together with others, determines the purposes of the processing of personal data and the means used. The controller is the person who has the primary responsibility for ensuring that personal data is processed in accordance with the GDPR.

 

  • «data Processing» is the party that processes personal data on behalf of the controller, for example a third-party provider that provides payroll administration services.

 

  • «Registered» is the person to whom the personal data can be linked. Categories of data subjects about whom TONO processes personal data include, for example, members, other licensees, customers, potential customers, contact persons at our sister societies and other business associates, employees, job seekers and reference persons.

 

  • «Management agreement» is the agreement that the copyright holder enters into with TONO regarding the management of his copyrights, in which TONO undertakes to collect and pay remuneration for the performance of the copyright holder's copyrighted works.

 

  • «Management company» is a company/organization for collective management of copyrights, such as TONO.

 

  • «sister societies» are other management companies in other countries which, on the basis of reciprocal agreements TONO has entered into with these companies, collect and distribute remuneration to TONO's members for performances taking place in the sister societies' respective territories, and vice versa.

 

  • «Reciprocity agreements» are the agreements TONO enters into with its sister societies regarding mutual management of rights.

 

 

3 Our processing of personal data about you

I am a member of TONO:

What personal data we process about you and why

If you are a member of TONO, we will process personal data about you, such as your name and contact information, payment information, information about your works and the use of such works, remuneration history, performance reports, powers of attorney, probate certificates, IPI number, login details for “My Tono” and certain other information that is necessary to administer and fulfill the management agreement with you. This information is either provided to us by you or obtained from third parties such as TONO’s sister societies, public authorities and databases that can provide us with information about you and your repertoire, as well as the use of your repertoire. The basis for the processing is that the processing is necessary to fulfill the management agreement with you, or to take measures at your request prior to entering into the management agreement.

If you have applied for a TONO scholarship, we will process the personal data you have provided to us in the electronic application form, as well as salary statistics we collect about you, so that we can process the application and select recipients of the scholarship. The basis for processing is that the processing is necessary to safeguard our legitimate interest in distributing the TONO scholarship.

We may also process personal data about you for the purpose of publishing anonymized sales figures and statistics, in order to provide you with market updates and information from TONO (including newsletters), and otherwise to the extent necessary for us to exercise the most effective management of your rights. The basis for processing is that the processing is necessary to safeguard our legitimate interests related to the above purposes. We consider that these interests are not incompatible with safeguarding your privacy.

We will also process personal data about you to the extent we are legally obliged to do so.

Disclosure of personal information about you to third parties

In order to fulfill the management agreement we have entered into with you, we may disclose personal data about you to our sister societies, organized through CISAC's (umbrella organization for the world's management societies) systems, so that they can represent you in their territory. Furthermore, we may disclose personal data about you (only name, IPI number, membership number, role in the work and share distribution) to your co-authors and your music publisher, as well as to our partners such as the Nordic Copyright Bureau (NCB), which licenses the sound fixation rights (phonograms, CDs, synchronization, etc.), and the Network of Music Partners (NMP), which provides back-office services for the largest online players (Spotify, YouTube, iTunes, etc.). We also disclose personal data to our service providers such as ICE International Copyright Enterprise Germany GmbH, which processes personal data on behalf of TONO and thus acts as TONO's data processor.

To the extent appropriate as part of the administration of your membership, including in connection with scholarship applications, we may also disclose personal information about you (only name, IPI number, membership number and role in the work) to other members (authors and music publishers).

If we are legally obliged to do so, personal data may also be disclosed to public authorities, such as tax authorities.

Your personal data may be transferred to countries outside the EEA. This applies, for example, when TONO exchanges personal data with its sister societies located all over the world. If personal data is disclosed to countries outside the EEA, TONO will ensure that necessary and appropriate measures have been implemented to ensure an adequate level of protection for the personal data.

I am a rights holder who is not a member of TONO

What personal data we process about you and why

Even if you are not a member of TONO, TONO may process personal data about you that we receive from our affiliates (if you are a member of such a company) or from other rights holders, publicly available sources or directly from you. This includes personal data such as your name, contact information, powers of attorney, information about your representative, IPI number, information about your works and the use of such works, remuneration history, performance reports and company affiliation. Processing this information is necessary for us to be able to safeguard our legitimate interests in fulfilling the reciprocal agreement we have entered into with you (management company), to be able to enter into a management agreement with you, or otherwise to manage your rights.

In addition, we may process personal data about you for the purpose of publishing anonymized sales figures and statistics, and otherwise to the extent necessary for us to exercise the most effective management of your rights. The basis for processing is that the processing is necessary to safeguard our legitimate interests related to the above purposes. We consider that these interests are not incompatible with safeguarding your privacy.

Disclosure of personal information about you to third parties

To manage your rights, TONO may disclose personal data about you to your co-authors, partners who manage TONO's rights in certain areas, such as the Nordic Copyright Bureau (NCB) and the Network of Music Partners (NMP), as well as TONO's sister societies that are organized through CISAC's systems.

Furthermore, TONO may disclose personal data about you to other members, as well as to our service providers such as ICE International Copyright Enterprise Germany GmbH, who process personal data on behalf of TONO and thus act as TONO's data processor. If we are legally obliged to do so, personal data may also be disclosed to public authorities, such as tax authorities.

Your personal data may be transferred to countries outside the EEA. This applies, for example, when TONO exchanges personal data with its sister societies located all over the world. If personal data is disclosed to countries outside the EEA, TONO will ensure that necessary and appropriate measures have been implemented to ensure an adequate level of protection for the personal data.

I am a customer or a potential customer:

What personal data we process about you and why

If you are a private customer, a sole proprietorship or a contact person in a company/organization that is a customer of TONO, we may process certain personal data provided by you or by the company/organization where you work. This includes, for example, your name, your contact information, payment information, information about the use of copyrighted works and licenses. The information is processed to administer and follow up on the customer relationship we have directly with you or with the company/organization where you work. The basis for processing is either that the processing is necessary to fulfill the agreement TONO has entered into with you as a private customer or sole proprietorship, or to safeguard our legitimate interest in fulfilling the agreement we have entered into with the company/organization where you work. We consider that these interests are not incompatible with safeguarding your privacy.

In addition, we may process your personal data for the purpose of publishing anonymized sales figures and statistics, which we do on the basis of our legitimate interests that are not incompatible with safeguarding your privacy.

If you are a potential customer, i.e. someone who makes copyrighted works available without a license from TONO, we may process personal data about you such as your name, your contact information, your place of work and information about your use of the works. The information is collected from publicly available sources such as social media and news articles, as well as from music monitoring services, our inspectors and partners. We process the information so that we can contact you to ensure that you obtain the necessary license from us for the use of the relevant works. The basis for the processing is that the processing is necessary to safeguard our legitimate interests as a management company.

Disclosure of personal information about you to third parties

We may disclose personal data about you to Gramo, which manages the rights of performers and record companies, and with whom TONO cooperates in connection with the use of music in customer premises. Furthermore, personal data about you may be disclosed to our service providers who process personal data on behalf of TONO and thus act as TONO's data processors, as well as to Kredinor in the event of outstanding payments. If we are legally obliged to do so, personal data will also be disclosed to public authorities, such as tax authorities.

I am a contact person at a sister society, music publisher or other business partner of TONO

What personal data we process about you and why

If you are an employee/contact person at one of our sister societies, a music publisher or another business partner, we may process personal data that we receive from you or the organization/company with which you are affiliated, including your name and contact details. We process this personal data to administer and follow up on the contractual relationship we have with the organization/company with which you are affiliated (such as the reciprocity agreement). The basis for processing is that the processing is necessary to safeguard our legitimate interests in administering and fulfilling the aforementioned contractual relationships. We consider that these interests are not incompatible with safeguarding your privacy.

Disclosure of personal information about you to third parties

To the extent necessary for us to carry out our business, we may disclose contact information about contact persons at music publishers or affiliates to our members, affiliates or others. If such personal data is disclosed to countries outside the EEA, TONO will ensure that necessary and appropriate measures have been implemented to ensure an adequate level of protection for the personal data.

4 How long we keep your personal data

In general, key information about copyrighted works will be stored indefinitely as the work databases are important for the optimal management of your and others' (including your heirs') rights under TONO's mandate. Otherwise, TONO will only store personal data about you for as long as it is deemed necessary for the purpose for which the information was collected.

When assessing relevant retention periods, we will take into account, among other things, the following factors:

    • legal obligations to retain personal data for a certain period of time under applicable law;

 

    • statute of limitations under applicable law;

 

    • (potential) litigation; and

 

    • guidelines prepared by relevant data protection authorities.

 

When storage is no longer necessary, we will securely delete or anonymize your personal information.

5 Your rights as a data subject

As a data subject, you have certain rights that you can exercise in connection with TONOS's processing of personal data about you. The various rights are not absolute and each right is subject to certain exceptions and conditions.

    • The right to access: As a data subject, you have the right to ask us to confirm whether we are processing personal data about you, and if so, to ask us to provide you with access to the data that is registered, as well as more detailed information about the processing activities.

 

    • The right to data portability: If the processing is carried out electronically and the basis for the processing is consent or the performance of a contract, you may have the right to ask us to provide you with a copy of the personal data concerning you in a structured, commonly used and machine-readable format. You may also ask us to transmit the copy of the personal data concerning you directly to another controller.

 

    • The right to rectification: TONO is committed to ensuring that the personal data processed about you is correct and up-to-date. If you discover that the personal data we process about you is incorrect or incomplete, you may request that we correct or update the personal data.

 

    • The right to erasure: TONO is obliged to delete or anonymize personal data about you when it is no longer necessary to process the personal data for the purpose for which the data was collected. In addition, in certain cases you have the right to request that personal data about you be deleted.

 

    • The right to restrictions on processing: In certain cases, you have the right to request that we (temporarily) restrict the processing of personal data about you.

 

    • The right to protest: In certain cases, such as where the basis for processing is our legitimate interests, you may object to continued processing. If you do so, TONO will re-evaluate the legitimate interests and your privacy interests. We will only continue the processing if i) there are compelling legitimate grounds for the processing which override your interests, rights and freedoms; or ii) the processing is necessary for the establishment, exercise or defence of legal claims.

 

If you wish to exercise your rights, you can contact us using the contact information provided above.

6 Protection of your personal data

TONO takes all reasonable precautions to ensure that your personal data is processed securely. This means that we have taken technical and organizational measures to ensure satisfactory information security. We also require that third parties who process personal data about you on our behalf do the same.

7 The right to lodge a complaint

We hope that we can resolve any questions or concerns you may have about our use of personal information about you.

The GDPR also gives you the right to lodge a complaint with a supervisory authority in the European state where you work, normally reside, or where an alleged breach of data protection law has occurred. The Norwegian supervisory authority is the Datatilsynet (www.datatilsynet.no). On this website you can find more information about your rights and our obligations under applicable data protection legislation.

8 Updating the declaration

This Privacy Policy may be updated from time to time, for example to ensure TONO's ongoing compliance with the GDPR and applicable data protection legislation, and to provide data subjects with up-to-date information about our processing activities. We recommend that you visit this Privacy Policy on a regular basis.

9 Cookies

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