Gismart Limited (“Gismart”, “we”, “us” or “our”) is a company registered in England and Wales with company number 10152488 and a registered address at 22 Great Marlborough Street, London W1F 7HU, United Kingdom.
We are a data controller and are responsible for the collection, use, disclosure, retention and protection of your “personal data” (which has the meaning as set out in the General Data Protection Regulation (the “Data Protection Laws”)).
- WHAT PERSONAL DATA DO WE COLLECT AND PROCESS?
Contact Data: This may include your name and your email address. This information will be collected by us if you communicate with us, for example if you use the links on our Platform to communicate with us via email.
Account Data: If you create an account on our Platform (including the creation of a Gismart ID) to benefit from our services, you may need to provide your name, email address, phone number and your photograph. If you use Facebook or Google to login to our Platform, Facebook [or Google] will share data with us including but not limited to your profile data, language, location and publicly available information about you and your friends.
User Content: When you use our Karaoke app, this includes the videos you create (e.g. of you performing songs) and upload to our Platform. When you use our Beat Maker Go app, this includes audio recordings you upload to the Platform. By providing such User Content you acknowledge that we may make it available to other users of the Platform until you delete your account on our Platform.
Session Data: This includes your IP address, your device’s unique identifier details, browser details including version, device operating system, geo-location, time zone setting and time/date of access requests, the amount of data transmitted and the requesting provider. We may also capture other information about visits to our Platform such as pages viewed and traffic patterns.
Preference data: This includes any information you choose to provide us, such as your musical preferences relating to genres and artists.
Payment data: When you purchase a subscription or any in-app content, you provide our payment processor with your payment information. We do not store such information on our servers.
HOW DO WE USE YOUR PERSONAL DATA?
We use your personal data in the following ways:
We use your Contact Data to:
respond to communications that you send to us. The legal basis for such processing is your and our legitimate interests; and
market products and services to you only where you have requested that we do so, or otherwise provided your explicit consent (either via our website, by emailing us or by accepting push notifications on your device). The legal basis for such processing is that you have consented to us doing so; and
for customer relationship management (“CRM”) purposes;
i. additionally, we may request access to your device’s contacts for the purposes of enabling social functionality, such as giving you the option to follow your contacts on the Platform.
We use your Account Data to:
- enable you to personalise your use of our services;
- enable you to save and maintain your profile and administer your account with us; and
- enable us to identify you.
The legal basis for such processing is for the performance of the contract between you and us.
We use your Correspondence Data to help address issues you raise with us and to improve the Platform and our services. The legal basis for such processing is your and our legitimate interests.
We use your User Content to:
- enable you to use our Platform and services. The legal basis for such processing is for the performance of the contract between you and us; and
- share the User Content with other users of the Platform by making it available on the Platform. The legal basis for such processing is our legitimate interest.
We use your Preference Data to infer your interests, including serving and suggesting content that you might like, and tailoring advertising to you based on such preferences.
PERSONAL DATA RETENTION
- By using our Platform, you consent for us to store your personal data in line with legal, regulatory, financial and good-practice requirements.
- The period for which we may retain your personal data will depend on the type of personal data collected, the purposes for which it was collected, applicable limitation periods for the exercise of legal rights and whether any legal or regulatory obligations require the retention of the personal data.
COOKIES AND TRACKERS
- Strictly necessary cookies: These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to load webpages.
- Analytical/performance cookies: These cookies allow us to recognise and count the number of visitors to our Platform and to see how visitors move around our Platform. This helps us to improve the way our Platform works, for example, by ensuring that visitors are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Tracking ID. Every iOS and Google Android device has a unique Tracking ID, for iOS devices, called an Identifier for Advertising (IDFA) and for Android devices, called a Google Advertising ID (AAID). These Tracking IDs enable app providers and advertisers to track user activity and target ads at those users.
- You may block cookies by updating the relevant settings on your device or browser to allow you to refuse the setting of some or all types of cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may need to share your personal data with selected third parties in the following circumstances:
- Group companies: We are an international organisation, with businesses both inside and outside of the European Union (“EU”). When you create User Content you will be asked if you’d like to share such User Content with other users of our Platform who could be based both inside and outside of the EU.
- Third party service providers: This may include providers of certain systems and services that we use to host, administer and maintain our Platform, including for example the servers used to host our Platform.
- Third party service providers for marketing purposes: If you explicitly consent to any marketing from us, certain personal data may be shared with third party service providers we use to help us carry out marketing including, for example, third party marketing automation platforms.
- To comply with legal or regulatory requests: If we are under a duty to disclose or share your personal data to comply with any legal or regulatory obligation, we may share your personal data with a regulator or law enforcement agency.
- Prospective buyers or sellers: If Gismart Limited, or its owners, buys or sells any business or assets, we may disclose your personal data to the prospective buyer or seller of such business or assets. If Gismart Limited (or substantially all of its assets) is acquired by a third party, your personal data held by Gismart Limited, or within such assets, may be transferred to such third party.
PRACTICES REGARDING EXTRA-EEA TRANSFERS OF PERSONAL DATA
- We will not transfer your personal data outside of the EU, except as set out in paragraph 5 above, for example if we utilise cloud-based platforms to store personal data, which may involve use of geographically distributed data centres.
- In the case of these extra-EU transfers, where the transfers are not to countries that provide an adequate level of protection, we will put in place appropriate safeguards to cover transfers of personal data including, for example, signing standard contractual clauses, relying on a Privacy Shield certification and/or data protection clauses adopted by the European Commission.
- f there are any other circumstances which would require us to transfer personal data outside of the UK, we will seek your consent to transfer your personal data outside of the UK.
THIRD PARTY WEBSITES
- We take data security seriously. We implement and maintain appropriate technical and organisational measures including resilient security systems and protocols to protect the personal data we store.
ACCESSING YOUR PERSONAL DATA AND YOUR RIGHTS
- As a result of us collecting and processing your personal data, you have the following legal rights:
- to access personal data we hold on you;
- to request us to make any changes to your personal data if it is inaccurate or incomplete;
- to request your personal data is erased where we do not have a compelling reason to continue to process such personal data in certain circumstances;
- to receive your personal data provided to us as a data controller in a structured, commonly used and machine-readable format where our processing of the personal data is based on: (i) your consent; (ii) our necessity for performance of a contract to which you are a party to; or (iii) steps taken at your request prior to entering into a contract with us and the processing is carried out by automated means;
- to object to, or restrict, our processing of your personal data in certain circumstances;
- if we use your personal data for direct marketing, you can ask us to stop and we will comply with your request;
- if we use your personal data on the basis of having a legitimate interest, you can object to our use of it for those purposes, giving an explanation of your particular situation, and we will consider your objection;
- to object to, and not be subject to a decision which is based solely on, automated processing (including profiling), which produces legal effects or could significantly affect you; and
- to lodge a complaint with a data protection supervisory body, which at present, is the Information Commissioner’s Office.
CONTACTING US AND CHANGES TO YOUR PERSONAL DATA
- via e-mail at: DPO@gismart.com;
- via post to: Gismart Limited, 22 Great Marlborough Street, Soho, London W1F 7HU.