Privacy Statement

We would like to confirm that we respect your right to privacy and that the protection of personal data is highly important to us. In this Privacy Statement we explain how we process your personal data when you visit our website, contact Clear Music or make use of our services, for what purpose and what rights you have with regard to the processing of your personal data.

This Privacy Statement may change from time to time. The most recent version of the Privacy Statement can be found on our website. In the event of changes that may affect you significantly, we will endeavour to inform you directly. The most recent version of this Privacy Statement dates from 1 June 2021.

Who is Clear Music and how can I contact them?

The data controller for the data processing activities described in this Privacy Statement is Clear Music B.V. (‘Clear Music’, ‘we’, ‘us’, ‘our’, ‘ours’). We have our registered office in Amsterdam, at the Westerstraat 187-4th floor.

Your questions about the processing of personal data by Clear Music can be addressed to hello@clearmusic.nl.

To whom does this Privacy Statement apply?

This Privacy Statement applies to individuals visiting and using the Clear Music website, contacting us, or using our services. This Privacy Statement also explains how we use your personal data when you apply for a position or internship with Clear Music.

How does Clear Music process your personal data?

Below you will find an overview of the purposes for which Clear Music processes personal data about you. It includes which personal data Clear Music uses for that specific purpose, what the legal basis is for the data processing and how long we retain the personal data.

Consultancy services

If you instruct Clear Music your contact details, including your name and address, will in any case be requested. The personal data we process depends on the nature of the case and the work Clear Music performs for its client.

The processing of clients’ personal data is necessary for the performance of the contract with the client. The legal ground for the processing of personal data of third parties, including counterparties, can be found in our legitimate interest, i.e. the practice of law and the protection of the client’s interests.

We will, by default, keep our files for up to five years after they are closed. After this period, we keep the files in our archives for a period up to twenty years.

Financial administration

In order send invoices for our services , we process your contact details. The processing of personal data for this purpose is necessary for the execution of the agreement we have with you. Pursuant to the Dutch General Tax Act (Belastingwet), Clear Music is obliged to retain these financial data for a period of seven years.

Relationship management

Clear Music wishes to maintain contact with (potential) clients and other business relations. In this context, Clear Music uses your (contact) data to invite you, for example, for relevant seminars, courses or other events. We have a legitimate interest for this type of data processing that is not overridden by your personal interests.

Contact

You may contact us in various ways, including via the contact form on the website, by e-mail and by telephone. The information we obtain from you for this contact will only be used to answer your question and to provide our services. The legal ground for this data processing can be found in the legitimate business interests of Clear Music. We will not retain your data longer than necessary to answer your question.

Careers at Clear Music

When applicants provide us with personal data, we will process such personal data for recruitment and selection purposes.  The personal data and documents provided by you may include your contact details, CV and motivation letter. We may process these personal data to determine your eligibility for the vacancy for which you have applied or, in case of an open application, to determine your eligibility for a position within Clera Music. An assessment may be a part of the selection procedure. Clear Music has a legitimate interest in the aforementioned data processing activities, which include the recruiting of suitable new staff that meet our high standards of service.

Newsletter

We would like to keep you informed of developments in our fields of expertise. We send e-mail newsletters to our clients periodically. Also, you can subscribe to our e-mail newsletter. We process my process your e-mail addresses and your name in order to send the e-mail newsletters. Clear Music has a legitimate interest in this processing for direct marketing purposes. You may unsubscribe at any time via the unsubscribe button in our newsletter.

Clear Music will retain your e-mail address for this purpose as long as you have subscribed to the newsletter and will delete your data within one month of unsubscribing.

Email tracking

Clear Music has incorporated an e-mail tracking functionality into its newsletters by embedding a small, transparent image pixel in the outgoing newsletter. As soon as you open the newsletter, Clear Music can access certain information, such as the recipient’s name and surname, the recipient’s e-mail address, confirmation that the recipient has received and opened the e-mail, IP address from which the e-mail was opened, whether a link in the e-mail was clicked on, IP address from which the link was clicked on and browser and operating system used by the person who clicked on the link.

The processing of these personal data is necessary for the protection of Clear Music ‘s legitimate interests, i.e. to analyze the scope and effectiveness of e-mails sent by Clear Music. Data will not be retained for longer than three months.

Blogs

The Clear Music website contains links to share blogs on social (media) networks or third party websites, such as Twitter, LinkedIn or Facebook. Before using the services of third parties, it is advised to first read the privacy statement of those third parties.

In which cases does Clear Music disclose your personal data to third parties?

Clear Music uses the services of external companies, subcontractors and/or suppliers (so-called data processors) who carry out specific tasks or assignments at Clear Music’s request and with whom your personal data may be shared. These data processors process your personal data exclusively on behalf of Clear Music. Processing by data processors is subject to a so-called data processing agreement, in which Clear Music has ensured that the data processor will only process personal data on behalf of Clear Music. The following parties are involved:

• External hosting providers, including cloud providers for the storage and management of your data;
• External parties with applications/tools in the areas of accounting, recruitment, human resources and management;
• Other specific tasks that have been outsourced, including IT support, administration and email marketing.

We may also share your personal data with third parties who qualify as data controllers. The processing of personal data by these parties is subject to the party’s own privacy statement.

Transfers outside the European Economic Area (EEA)

Some of our service providers are established in a country outside the European Economic Area (“EEA”), namely the United States. In order to comply with EU data protection legislation for international transfers, we carefully consider whether an adequate level of protection can be guaranteed. Where necessary, we lay down arrangements in a data transfer agreement based on standard contractual clauses adopted by the European Commission (Article 46(2)(c) GDPR). For more information about the safeguards for international data transfers, please contact us using the contact details listed in this Privacy Statement.

What are your rights?

Under the privacy legislation, you have a number of rights with regard to your personal data and its processing:

Right of access

You have the right to obtain confirmation from Clear Music as to whether or not your personal data are being processed and, if so, to have access to that personal data and to additional information about the processing of your personal data.

Right of rectification

You have the right to obtain rectification of incorrect or incomplete personal data. If needed, you may provide additional personal data in order to complete the collection of personal data.

Right to be forgotten

Under certain circumstances, you have the right to request the erasure of your personal data. We will delete your personal data, for example if your personal data is no longer necessary for the purposes for which it was collected.

Right of restriction

In some cases, you have the right to obtain from Clear Music restrictions of the processing of your personal data, for example if you have contested the accuracy of your personal data. If the request is granted, Clear Music will not continue to process the personal data concerned during the period of the restriction, unless this is permitted under the GDPR.

Right to data portability

You have the right to receive your personal data that you have provided to Clear Music in a structured, commonly used and machine-readable form and you have the right to transmit those data to another data controller, where the processing is based on your consent or on the performance of a contract.

Right to object

You have the right to object to the processing of personal data based on the legitimate interests of Clear Music. Clear Music will then no longer process the personal data, unless Clear Music demonstrates that there are compelling legitimate grounds for processing which override your interests, rights and freedoms or which are related to the institution, exercise or substantiation of a legal claim.

Direct marketing

If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes. In that case Clear Music will no longer process your personal data for those purposes.

Withdrawal of consent

Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of the processing before it has been withdrawn.

Any questions or complaints?

In case you have any questions in relation to this Privacy Statement or if you have a complaint or suspect a breach of data protection legislation (GPDR), you can contact us via our contact details in this Privacy Statement. In case of a complaint that cannot be settled by us to your satisfaction, you have the right to lodge a complaint with a supervisory body. In the Netherlands, this is the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

This Privacy Statement has been updated on 1 June 2021.