Music Marmalade External Privacy and Cookie Notice

Music Marmalade External Privacy and Cookie Notice

Last updated: [14/07/2024]

Overview
What does this document do?
This document sets out what information Entium Platforms Limited (trading as Music Marmalade) collects about people, what we use it for and who we share it with. It explains what legal rights individuals have in relation to their information and what to do if they have any concerns about how their information is being used. We will refer to ourselves as Music Marmalade throughout this document.
Music Marmalade sometimes needs to update this document to reflect any changes to our business activities or to comply with new legal requirements. If we have your email address, we will email you to notify you of any important changes before they take effect.
If you have any questions about this document or the way Music Marmalade uses people's information, please get in touch by emailing hello@musicmarmalade.com.
Who should read this document?
The information in this document will be relevant to you if you:
- visit our website at www.musicmarmalade.com or contact us via emai
  l
- are an Artist or Client of Music Marmalad
  e
- have been provided login credentials and access to our platform (User)
- are a person identified by any content uploaded by, or an enquiry submitted by, or information provided by a User, or key contact or website visitor
- sign up to our mailing list or otherwise indicate you wish to receive communications from us
Who we are
We are Entium Platforms Limited, a company registered in Scotland under company number SC797778 whose registered office is at Unit A7 Somervell Trading Estate, Somervell Street, Cambuslang, Glasgow, G72 7EB (Music Marmalade, we, use or our).
Our legal status under data protection law
As a company located in the UK, our use of people's information is regulated by the Information Commissioner's Office (ICO), the regulator responsible for ensuring organisations comply with UK data protection law.
Whenever we collect, use or share information about people located outside the UK we comply with additional local laws that apply.
Music Marmalade is the controller for your information (which means we decide what information we collect and how it is used). We are registered with the ICO under registration number ZB720967.

What information we collect and receive

Personal data means any information that can (or could be used to) identify a living person. We have grouped together the different types of personal data that we collect and where we receive it from in the table below:

Personal Data	Received from
Identity data - first name, and last name.	you
Contact data -email address, telephone number, social media handle, address,	you Stripe - our third party payment platform (see Stripe Privacy Information here: https://stripe.com/gb/legal/privacy-center)
Financial -order reference number, purchase or transaction history and dates of payments made.	You Stripe - our third party payment platform (see Stripe Privacy Information here: https://stripe.com/gb/legal/privacy-center)
Feedback and enquiries - any responses you provide when you rate our services or the artists listed on the Platform, or reply to a survey, any information you send when you contact us, submit an enquiry on our website or comment on our social media corporate accounts or content.	you
Marketing - your status as a marketing recipient (e.g. if you have signed up to or opted out of receiving communications from us), your preferred method of communication and how you have interacted with our communications and content, your telephone preference service (TPS) status.	You (including via cookies or similar technologies)
Usage data - login credentials, access permissions, audit logs, chat and message logs, content or information input or uploaded, clickstream to and on our website, download or upload errors, length of visit, page interaction	you (including via cookies and similar technologies)
Technical data - internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and type of device used to access our website.	you (including via cookies and similar technologies)
Image and audio - profile picture, photograph, video footage, audio recording (both via YouTube).	you

Aggregated Data

We sometimes anonymise the personal data we collect (so it can no longer be used to identify you as an individual) and then combine it with other anonymous information so that it becomes aggregated data. Aggregated data helps us identify trends (such as the percentage of website visitors visiting a particular webpage on our website). Data protection law does not govern the use of aggregated data and the various rights described below do not apply to it.

What happens if you do not provide your personal data?

Some of the personal data we request is optional and we can provide our services without that information. In other cases, if you do not provide the information you may not be able to benefit from the full range of services on our Website.

How we use your information

UK data protection law requires controllers to identify a legal justification (also known as a lawful basis) to collect and use your personal data. There are six lawful basis which organisations can rely on to justify their collection and use of personal data.

Whenever Music Marmalade acts as the controller for personal data, we rely on the following lawful basis:

to enter into and perform our contract with you;
to pursue our legitimate interests (our justifiable business aims) but only if those interests are not outweighed by your other rights and freedoms (e.g. your right to privacy);
to comply with a legal obligation that we have;
to do something that you have given your consent (permission) for.

The table below provides more detail about the reasons Music Marmalade may use your personal data. If we intend to use your personal data for a new reason that is not listed in the table, we will update this document and notify you.

Reason	Legal Justification
taking steps to enter into the contract with Clients and Artists	performance of contract (for Clients and Artists)
to provide our service	performance of contract (for Clients and Artists)
to investigate and respond to complaints	legitimate interest - necessary to remedy errors, improve service and protect our reputation
to obtain feedback	legitimate interest - necessary to improve our services
to respond to requests for support from Clients and Artists and other queries	legitimate interest - necessary to perform our obligation under the contract with the Client and/or Artist and ensure our website is functioning correctly
to process payments and recover any monies owed to us	legitimate interest - necessary to generate revenue and recover debts due
to better understand how our website and services are used	legitimate interest - necessary to improve our services
to provide and protect our services, websites and internal systems	legitimate interest - necessary to provide our services and website, monitor and improve network security and prevent fraud
to send you service notifications and updates	performance of contract (for Clients and Artists)
to lodge or respond to a legal claim	legitimate interest - necessary to enforce our contractual or legal right or to effectively respond to a claim made against us
to notify you about changes to this document	legal obligation
to enable a person to exercise their legal rights	legal obligation
to share your information between Clients and Artists	performance of contract (for Clients and Artists)
to send marketing communications	legitimate interest - necessary to promote and grow our business consent

Marketing
We always ask for consent before we send you marketing communications. If you sign up to our mailing list and later change your mind we include a link in all our emails so that you can unsubscribe at any time.
Where you have bought services from us before, we may send you marketing messages about similar services we think would be of interest to you. We'll stop doing this if you indicate you do not want to receive these types of messages, e.g. you unsubscribe via the link in the email.
Who we share your information with
We share (or may share) your personal data with:
Our staff: Music Marmalade employees (or other types of workers including contractors such as web developers) who have contracts containing confidentiality and data protection obligations.
If you are an Artist: we will share certain information with a Client that books you for an Event.
If you are a Client: we will share certain information with an Artist that you book for an Event.
Our supply chain: We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy.
Regulatory authorities: such as HM Revenue & Customs.
Our professional advisers: such as our accountants or legal advisors where we require specialist advice to help us conduct our business.
Any actual or potential buyer of our business.
If we were asked to provide personal data in response to a court order or legal request (e.g. from the police), we would seek legal advice before disclosing any information and carefully consider the impact on your rights when providing a response.
Where your information is located or transferred to
Music Marmalade will only transfer personal data outside the UK where we have a valid legal mechanism in place (to make sure that your personal data is guaranteed a level of protection, regardless of where in the world it is located, e.g. by only sending it to territories approved by or under contracts approved by UK Secretary of State).
If you access our service whilst abroad then your personal data may be stored on services located in the same country that you are.
How we keep your information safe
We have security measures to prevent your personal data from being accidentally or illegally lost, used or accessed by those who do not have permission. These measures include:
- access controls and user authentication
- internal IT and network security
- regular testing and review of our security measures
- staff policies and training
- incident and breach reporting processes
- business continuity and disaster recovery processes
If there is an incident which has affected your personal data, we will notify the regulator and keep you informed (where required under data protection law).
How long we keep your information
We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for or as long as required to fulfil our legal obligations.
When we consider how long to keep your personal data, we will consider whether it is still necessary to keep it for the purpose which we collected it or whether the same purpose could be achieved by holding less personal data. We will also consider the volume, nature, and sensitivity of the personal data and the potential harm to you if there was an incident affecting your personal data.
If you browse our website, we keep personal data collected through our analytics tools for only as long as necessary to fulfil the purposes we collected it for (see our cookie information below).
We keep the contact details of people who have subscribed to our mailing lists until we receive a request to remove their details or unsubscribe them.
Your legal rights
Under UK law, you have specific rights in relation to your personal data. If you are located outside the UK, you may have different or additional legal rights. If you want to exercise any of these rights, please email hello@musicmarmalade.com.
UK data protection law grants the following legal rights:
- the right of access (obtaining a copy of your personal data)
- he right to rectification (correcting your personal data)
- The right to erasure (deleting your personal data)
- The right to restrict processing (to stop use of your personal data for a time limited period)
- The right to data portability (to move your personal data to another organisation)
- The right to object (to object to our use of your personal data)
- The right to complain to the ICO (you can find further details of how to do this on their website) - note: if you are located outside the UK, you can also complain to the regulator responsible for data protection compliance in the country you are located.
There are some limited exemptions to these rights, so they may not apply in every scenario and Music Marmalade may decline your request (but we would explain our decision in writing if this was the case). Music Marmalade will also not action a request where we have been unable to confirm your identity (this is one of our security processes to make sure we keep information safe) or if we feel the request is unfounded or excessive.

Cookies and similar technologies

Our website uses cookies and similar technologies.

Cookies are small text files that are downloaded to your device. Cookies contain uniquely generated references which are used to distinguish you from other users. They allow information gathered on one webpage to be stored until it is needed for use on another, allowing our website to provide you with a personalised experience (like remembering your favourites) and provide us with statistics about how you interact with our website.

Cookies are not harmful to your devices (like a virus or malicious code) but some individuals prefer not to share their information (for example, to avoid targeted advertising).

We mention similar technologies because there are other technologies which perform similar functions (e.g. beacons and pixels) and their use is regulated by the same laws that apply to cookies.

Different types of cookies

Session vs. persistent cookies: cookies have a limited lifespan. Cookies which only last a short time or end when you close your browser are called session cookies. Cookies which remain on your device for longer are called persistent cookies (these are the type of cookies allow websites to remember your details when you log back onto them).

First party vs third party cookies: cookies placed on your device by the website owner are called first party cookies. When the website owner uses other businesses' technology to help them manage and monitor their website, the cookies added by the other business are called third party cookies.

Categories of cookies: cookies can be grouped by what they help the website or website owner do (the Purpose).

Necessary cookies are cookies which help the website to run properly (when they are strictly necessary cookies it means their only function is to help the website work).
Performance cookies help a website owner understand and analyse how website visitors use their website.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, etc.
Marketing cookies tailor online adverts to reflect the content you have previously browse and help inform companies about your interests so they can show you relevant adverts.

What does Music Marmalade use cookies for?

We may use cookies to:

to track how visitors use our website, to improve our service and user experience
to record whether you have seen specific messages we display on our website
to keep you signed into our website, to improve our service and user experience
where we post content and links to content, we use cookies to capture and analyse information such as number of views and shares

The cookies we use are:

Cookie	Purpose	What it does	Duration
st-202ca7f5-2fd9-45c2-b556-0e1a0fe234f2-token	Functional	Authentication and authorisation	1 month
__stripe_sid	Functional	Fraud prevention	30 minutes
__stripe_mid	Functional	Fraud prevention	1 year
_ga	User Identification	To distinguish users	2 years
_ga_J39YBTW3C5	Session Management	Persists session state	2 years

We can only use cookies with your permission (you will be prompted by a message when you first visit our Website, also known as a cookie banner, where you can choose to accept or decline our cookies).

You can update your cookie settings on our website by clicking "Accept All" or "Accept Necessary" on the cookie banner.

Music Marmalade External Privacy and Cookie Notice

Overview

What information we collect and receive

How we use your information

Marketing

Who we share your information with

Where your information is located or transferred to

How we keep your information safe

How long we keep your information

Your legal rights

Cookies and similar technologies