By “personal data”, we mean any information which enables us to identify a person either directly or indirectly. By “affiliates”, we mean any member of our group including our subsidiaries, our holding company and its subsidiaries.
The data controller of your personal data is Stichting Kytopia, a Dutch Foundation whose address is Oudegracht 245, 3511 NL Utrecht, The Netherlands. If you have questions, comments or requests about this policy please feel free to contact us by sending an email to firstname.lastname@example.org.
2. CHILDREN AND PRIVACY
We do not knowingly collect information from children under age 13 or knowingly allow such persons to register for the Services. If you are under age 13, you are not permitted to use the Services. If you are 13 - 17 years of age, you may visit, browse and use the information on the websites but you may not register an account or submit any personal data. If you are 13 - 17 years old, by browsing the website, using or accessing the Services you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal data from your child without your consent, please notify us immediately by sending an email to email@example.com and we will delete such personal data promptly.
3. COLLECTION AND USE OF PERSONAL DATA
We collect the following types of personal data relating to you:
(a) Information you provide to us directly. When you register as a user for the Services and/or use the Services you provide us with certain information that we store. This may include: username and password information provided for the Services; your name, contact and any other user profile information that you may supply, such as your address, phone number, email address and age; user content (for example, texts, comments, your contributions as a performing artist and composer and other materials) that you upload or otherwise stream or post on the Services; metadata associated with such user content, which may include content creation date, formatting information; location information about where the user content was recorded (geotags); and communications between us and you. We process such information for the purposes of providing the Services to you including accountmanagement.
(c) Log file information. This information may be automatically reported by your browser or device each time you make a request to visit, access or use the Services. When you visit, access or use the Services, our servers may automatically record certain log file information, including the time of log-in, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also log the Device ID or other unique information for devices used to access the Services. We may also collect similar information from emails we send to you, which helps us track which emails are opened and which links are clicked by recipients. This information is used to (i) analyse the usage of the Services; (ii) enable more accurate reporting; (iii) improve the Services.
(d) Survey information. If you reply to surveys that we have provided, the information you provide will be made anonymous and aggregated with the responses of other users, unless otherwise specified and used for improvement of the Services.
4. SHARING INFORMATION WITH THIRD PARTIES
We will not share your personal data with third parties other than our affiliates except in the following situations:
(a) when you have given us consent to share such personal data. Unless you have otherwise expressly consented, we do not share such personal data with third parties (e.g. advertisers) for marketing purposes, although we may provide such third parties with aggregated, anonymised data collected about you and other users of the Services.
(e) if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(f) if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our users will be one of the transferred assets.
(g) with third party rights holders, whose content is licensed to us. The data that Colin Benders shares with the rights holders is in a de-identified format that does not identify you directly.
6. MARKETING AND ADVERTISING
Where you have opted in to receive such information, we may provide you with details of our products, services and events which we consider may be of interest to you, including copies of our newsletter. We will not email you information about third party services unless you have expressly stated that you would be interested in receiving such information (although a particular Colin Benders event may involve third party sponsors). You may unsubscribe from such email communications at any time by clicking on the “unsubscribe link” provided in such communications.
7. COOKIES AND SIMILAR TECHNOLOGIES
We use both temporary (“session”) and persistent cookies. We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. including, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. These allow us to recognise and count the number of users and to see how users move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. 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).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. Where you have expressly consented, we may also share this information with third parties for this purpose, as detailed above in Section 4(i).
You may delete cookies in your browser anytime and you can also block cookies from being placed by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
In addition to our own, cookies are also placed by Google Analytics as described below.
8. INTEGRATION WITH THIRD PARTY SERVICES
9. INTEGRATION WITH THIRD PARTY WEBSITES
10. SAFEGUARDING OF PERSONAL DATA
We use appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. Your personal data is stored in a secure manner on protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. Unfortunately, the transmission of your personal data via the internet is not completely secure. While we will endeavour (through the use of appropriate security measures) to protect your personal data, we cannot guarantee the security of such data when it is transmitted to us via the internet: you accept that any such transmission of your personal data is at your own risk.
11. RETENTION OF PERSONAL DATA
We will retain your personal data only for the period necessary to fulfil the purposes for which such data was collected. When it is no longer necessary for us to retain such data, it will be deleted or made anonymous in a safe and permanent manner or access to it will be blocked to the extent that statutory data retention requirements apply.
12. DETECTION OF MISUSE OF THE SERVICES
14. ACCESS, RECTIFICATION AND DELETION
If you have questions regarding your personal data stored with us, including a request for access rectification or deletion, or you object to certain uses, please feel free to contact us e.g. by sending an email to firstname.lastname@example.org.
15. AMENDMENTS TO POLICY
www.colinbenders.com - TERMS AND CONDITIONS OF USE
Last updated: 07.02.2017
By visiting, accessing, or using the website www.colinbenders.com, hereinafter to be referred to as: “the Website”), you signify that you have the right, authority and capacity to enter into this Agreement, that you have read and understand this Agreement, and that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING PROVISIONS GOVERNING DISPUTE RESOLUTION. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
The “Services” means the music platform of the Website, mobile and device applications and all services provided by Colin Benders or Colin Benders’ vendors, or other third parties with whom Colin Benders (as defined herein) contracts to provide the Services that are inherently related to the music platform of the Website.These may include, but are not limited to websites and applications for desktops, tablets and mobile handsets, set-top boxes and stereo equipment.
The Services are provided by Colin Benders and its affiliated entities, and each of their present, former and future parents, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, ”Colin Benders,” "we" “us” and/or “our”). You may contact us at: Colin Benders – Customer Support, Colin Benders/Stichting Kytopia, Oudegracht 245, 3511 NL Utrecht, The Netherlands; or by email at email@example.com
2. PREREQUISITES FOR ACCESS TO THE SERVICE
You need access to the internet in order to use the Services, and any cost for accessing the internet shall be paid by you. This also applies when using the Service via mobile phone, tablet, or other personal device capable of internet connection. If you use the Services via mobile telephone you should familiarize yourself with applicable data transfer costs for your mobile carrier plan. Colin Benders does not have any responsibility or liability for data transfer costs you may incur when using the Services.
You may not use the Services in any way that is fraudulent or illegal or is expressly prohibited by these Terms. By using the Services you promise to us that you accept these Terms and that: (a) you are 18 years of age or over; or (b) you are 13 years of age or over and have express permission to use the Services from your parent or legal guardian. If you are under age 13, you are not permitted to use the Services or to submit any personally identifiable information to Colin Benders. If Colin Benders reasonably believes that you have not told us your true age, we may suspend your use of the Services until you have provided us with acceptable proof of age. If you are a parent or guardian and believe Colin Benders may have inadvertently collected personal information from your child, please notify Colin Benders immediately by sending an email to: firstname.lastname@example.org detailing the basis of your belief and your request.
The Service requires you to register and create accounts for validation. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Services; (b) maintain and promptly update such information and any other information provided to Colin Benders, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Colin Benders reserves the right to suspend or remove your account or prohibit your use of the Services, without prior notice and without responsibility or liability to you, if we believe there may have been a breach of security or your account or if activities occur on your account that we believe breach these Terms or the Agreement.
3. RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE
The Services shall be for private use only and use of the Services in commercial or public settings is not permitted.
The Services shall not be used in any manner that may breach the restrictions applicable to the utilization of the Service Content (as defined in Section 6, below). These include, but are not limited to, prohibitions against (i) any form of technical intervention in the Services for purposes of using the Services in any manner other than that intended and permitted under the present Agreement; (ii) copying and/or making public any Service Content; (iii) assigning any username or password to anyone else; (iv) circumventing any technical mechanisms within the Services that have been established to protect Service Content from reproduction/distribution; (v) using the Services in violation of applicable law.
4. APPLICATION LICENSE
By “Application” we mean an application or other technical interface provided by Colin Benders that is used to access the Services. Subject to the terms of this Agreement, Colin Benders hereby grants you a personal, non-exclusive, non-transferable, limited and revocable license to download, run and use the Application for personal use on relevant devices owned or controlled by you. Such license also applies to updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license and related documentation. The Application is licensed, not sold, to you, and Colin Benders retains ownership of all copies of the Application even after installation on your devices. Colin Benders may transfer its rights and obligations, or sub-contract or sub-license its obligations, under this Agreement to another legal entity, provided your legal and consumer rights are not prejudiced. You may not may transfer your rights and obligations, or sub-contract or sub-license your obligations, under this Agreement to another legal entity.
5. THIRD PARTY APPLICATIONS
6. CONTENT RESTRICTIONS
The Services contains content, such as sound recording sessions, audiovisual works, other video or audio works, clips, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, sound recording titles, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement combined with your personal contribution to the sound recording sessions (the ‘User Content’) (collectively, the “Service Content”). The Service Content is the property of Colin Benders and is protected by copyright under both The Netherlands and foreign laws. The Service Content is made available to you only for your personal use as expressly permitted under these Terms.
You are prohibited from using the Service Content as follows:
Except as permitted under the Terms, all copying, distribution or other use of the Service Content is prohibited without the prior written consent of the Service Content rights holders.
You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Service Content.
You have no right to any use that requires a public performance license.
The use or posting of the Service Content on any other website, application or otherwise, or sharing of the Service Content in a networked computer environment, for any purpose is expressly prohibited.
Unauthorized use of the Services may represent a violation of applicable laws or regulations. If Colin Benders, in its sole discretion, thinks you have breached the Terms, or has reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Services and the Service Content. We may: (a) restrict, suspend, or terminate your right to use the Services; (b) remove your User Content (as defined below) from the Services; (c) investigate and take legal proceedings against you; or (d) disclose any information to law enforcement authorities we think is necessary or as required by law. These actions are not limited and we may take any other action we reasonably deem appropriate.
We are the owner of the Colin Benders trademark (the “Trademark”). Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without Colin Benders’ prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Colin Benders in writing. All goodwill generated from the use of the Trademark inures to Colin Benders’ benefit.
Elements of the Services are protected by copyright, trade dress, trademark, unfair competition, or other laws, and the Services may not be copied or imitated in whole or in part, by any means. None of the Service Content may be retransmitted without our express written consent in each and every instance.
7. USER CONTENT
By using the Services you will contribute as a performing artist and composer to the sound recording sessions and the Service Content. To the extent allowed by the Services, any musical works (sound recording sessions and underlying musical compositions), images, graphics, text, works of authorship, files, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials that you submit to the Service (“User Content”) are generated, owned and controlled solely by Colin Benders.
Therefore, you grant and assign to Colin Benders absolutely and with full title guarantee your entire right, title and interest (whether vested, contingent or future and including, without limitation, all your intellectual property (neighbouring- and copyrights included) in and to your contribution to the sound recording sessions and Service Content (to the extent vesting in you, if at all); grant to Colin Benders every consent under any present or future laws of any jurisdiction required for the fullest use and commercial exploitation of the sound recording sessions, recordings and Service Content (or any part of them), without further liability or acknowledgement to you; grant to Colin Benders the right to use (to its sole discretion) (and to authorise others to use) your name(s), professional name(s), photograph(s), likeness(es), voice(s) and biographical materials (if any) for all purposes in connection with the production, promotion and exploitation of the sound recording sessions and Service Content, and to accord you relevant credits, but if we inadvertently fail to do so we shall not be in breach of agreement and only be obliged to use reasonable endeavours to rectify the error, if applicable, after we receive written notice of the error from you; and
agree, in respect of the sound recording sessions and Service Content, that Colin Benders may edit, copy, add to, delete, alter or adapt the same (in whole or in part) as Colin Benders sees fit and waive the benefits of, and agree not to assert, any “moral rights” or any similar rights under the present or future laws of any jurisdiction, the aforementioned in each case, (i) throughout the universe, (ii) in perpetuity and (iii) in any and all media (now or in the future known).
You represent and promise to us that the User Content submitted by you on or through the Services: (i) is owned by you or you otherwise have the right to grant the license set forth herein; (ii) does not infringe the rights of any third party, including any intellectual property rights, rights of confidential information or rights in privacy; (iii) does not imply any affiliation, endorsement, approval or cooperation by Colin Benders or any artist, band, label, entity or individual without express written consent from such individual or entity; and (iv) shall comply with all applicable laws and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Services.
We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our sole judgment breaches this Agreement or which may be offensive, illegal or breach the rights of any third party, or harm or threaten the safety of any third party. We are under no obligation to you or any other person to oversee, monitor or moderate User Content. We may at our option, moderate and review User Content to ensure that it complies with these Terms. If we do opt to monitor the Services, we assume no responsibility or liability to you for any User Content available on the Services.
You are solely responsible for the User Content that you submit to the Services.
You must not upload, distribute, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Services) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND AS REQUIRED BY LAW.
8. PRIVACY POLICIES
9. NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:
The name and address of the provider of the Services is Colin Benders, – Customer Support, Colin Benders/Stichting Kytopia, Oudegracht 245, 3511 NL Utrecht, The Netherlands.
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by email at: email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
10. THE RIGHTS OF Colin Benders
If you materially breach any provision of the Agreement, and such breach is not caused by circumstances on the part of Colin Benders, Colin Benders may, taking the interest of the user in account, deny further access to the Services.
You are aware that Colin Benders may send Services-related information to you in the form of e-mails and, where you have made your mobile number available, by text messages, as detailed further in the applicable Privacy Policies.
11. NO WARRANTY/ LIMITATION OF LIABILITY
Colin Benders reserves the right to change functionality and content offered under the Services on an ongoing basis.
To the fullest extent permitted by applicable law, Colin Benders makes no warranties or representations about the Services or Service Content, including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. Colin Benders shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data (sound recording sessions) or information stream from whatever cause. You agree that your use the Services and the Service Content is at your own risk.
In no event shall Colin Benders be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from the access, use or inability to use the Services and the Service Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
Technical problems such as temporary non-availability of individual parts of the Services or the short-term unavailability of the whole service itself must be expected and shall not constitute breach of this Agreement. Colin Benders does not warrant that the Services will operate error-free or that the Services, its server, or the Service Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. Colin Benders reserves the right to add or remove support for specific devices. If your access or use of the Services or the Service Content results in the need for servicing or replacing equipment or data, Colin Benders shall not be responsible for those costs.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Colin Benders harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a) your breach or alleged breach of the Agreement; (b) your access to, use or misuse of the Service Content or the Services; (c) any breach of your representations and promises set forth herein, or (d) your violation of any law or the rights of a third party. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We may terminate this Agreement and close your account at any time without notice and without responsibility or liability to you, if we reasonably believe you have breached this Agreement.
We may terminate this Agreement and close your account at any time on reasonable notice to you if we cease to provide the Services.
14. GOVERNING LAW
This Agreement will be governed by and construed under the laws of the Netherlands of which courts of Utrecht will be the courts of exclusive jurisdiction.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Colin Benders or between Colin Benders and any other user of the Services. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Colin Benders unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.