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SoundCloud Fan Insights Joint Controller Addendum

SoundCloud Global Limited & Co. KG (“SoundCloud”) provides statistics and insights to any person, group or entity having access to or managing an artist profile on the Platform (“Artist Profile Owner” or “You”, “Your”) about how fans interact with their Tracks on the Platform to make Artist Profile Owners better understand their fanbase ("Fan Insights"). The Fan Insights are provided by SoundCloud Global Limited & Co. KG (“SoundCloud”). The underlying data is collected, used and shared as outlined in the SoundCloud Privacy Policy.

Where an interaction of fans with Your Tracks on the Platform leads to the processing of a data subjects’ (“Fans”) personal data for Your Fan Insights, the means and purposes of the processing are determined jointly with SoundCloud.

Capitalized terms used in this SoundCloud Insights for Fan Insights Joint Controller Addendum (hereinafter “Addendum”), but not specifically defined in here, shall have the meanings given to the applicable capitalized terms in the SoundCloud Terms of Use and/or SoundCloud Privacy Policy.

By using SoundCloud’s Fan Insights, you acknowledge that the following provisions apply:

Introduction

  • This Addendum determines the rights and obligations of You and SoundCloud for the joint processing of Fans’ personal data. It applies to the collection of personal data of Fans’ behavior and aggregation into Your Fan Insights. The Parties acknowledge to be joint controllers for the processing of such personal data.

  • For any other processing of personal data in connection with Your Tracks, where the Parties do not jointly determine the purposes and means of data processing, each contracting party remains a separate and independent controller.

  • The establishment of a joint controllership agreement is required under the GDPR. The terms "personal data", "processing", "controller", "processor", "supervisory authority", "data subject", or any other term in this Addendum have the meanings set out in the GDPR.

Allocation of Responsibilities

  • In the context of joint controllership, SoundCloud will ensure it has a legal basis for the processing of Fan Insights. The legal bases for the processing of personal data are set out in our Privacy Policy.

  • In the context of joint controllership, unless specified otherwise in this Addendum, SoundCloud is responsible for compliance with the applicable obligations under the GDPR for the processing of Fan Insights, including, but not limited to:

    • Article 12 and 13 GDPR: Providing information on the joint processing of personal data;

    • Article 15 to 22 GDPR: Guaranteeing the rights of the Fans with regard to the personal data stored by SoundCloud;

    • Article 33 and 34 GDPR: Notifying the supervisory authority and Fans affected in case of personal data breaches concerning the joint processing;

    • Article 32 GDPR: Implementing appropriate technical and organizational measures to ensure the security of the processing on SoundCloud’s Platform; and

    • Article 28 (3), 29 and 32 GDPR: Ensuring that all employees of SoundCloud involved in the processing of Fan insights are bound by appropriate obligations to maintain the confidentiality of Fan Insights.

  • SoundCloud will undertake to communicate the essential content of this Addendum to the Fans (Article 26(2) GDPR). The Fan insights document can be found here.

Obligations of the Artist Profile Owner

  • As a joint controller, You ensure to have a legal basis for any off Platform processing of Fan Insights, by way of example sharing Fan Insights on social media.

  • In addition to the information provided to Fans by SoundCloud, You will provide the Fans with information on Your legal basis including the legitimate interests You pursue, if applicable, the responsible data controller(s) on Your side, including Your contact details, as well as the contact details of the data protection officer, if any (Article 13(1)(a-d) GDPR).

  • You shall:

    • Article 32 GDPR: Implement appropriate technical and organizational measures to ensure the security of Your own processing of personal data; and

    • provide all information which is in Your possession and which is necessary for SoundCloud to comply with the obligations under section 2 paragraph 2 of this Addendum without undue delay, but not later than within seven days, following SoundCloud’s request to provide the information.

  • The Parties designate the communication channels referenced in SoundCloud’s Privacy Policy (i.e., dataprotection@soundcloud.com) as contact points for Fans.

  • If a Fan exercises their rights with regard to the processing of Fan Insights against You, You are obliged to forward this request to SoundCloud without undue delay, but no later than seven days after the request. This applies irrespective of the general obligation of both Parties to comply with the rights of Fans.

  • If You are contacted by a supervisory authority, You are obliged to forward this request to SoundCloud without undue delay, but no later than seven days after the request. You shall respond to enquiries from supervisory authorities regarding the processing under the Addendum following consultation with SoundCloud, only to the extent that this is legally permissible. You shall consult with SoundCloud on whether and to what extent legal remedies against orders of the authority are to be filed.

  • In any case of a possible data breach the aforementioned deadlines are shortened to 48 hours.

Cooperation

  • The Parties shall independently ensure that they comply with their obligations under this Addendum. SoundCloud decides in its sole discretion how to comply with its obligations. The Parties agree that the lead supervisory authority for the joint processing is the Berliner Beauftragte/r für Datenschutz und Informationsfreiheit, except where Article 55 (2) GDPR applies.

  • The Parties shall inform each other immediately and in full if errors or irregularities in data processing or violations of provisions of this contract or applicable data protection law (in particular the GDPR) are identified.

  • This Addendum does not grant You any right to request the disclosure of personal data of Fans or any other SoundCloud user that are processed in connection with Your Tracks, including for Fan Insights that we provide to You.

Updates to this Addendum

  • The parties agree that the law of Germany applies to all claims, causes of action or disputes, which arise from or in connection with this Addendum and that all disputes will be resolved exclusively in the courts of Germany.

  • We may update this Addendum from time to time. Before we make changes to the Addendum, we will notify You and give You an opportunity to review them, before they go into effect. Once any updates are in effect, You will be bound by them if You continue any use of SoundCloud. We hope that You will continue using SoundCloud, but if You do not agree to the updated Addendum, please delete Your account.

Miscellaneous

  • Should any portion of the Addendum be ineffective or invalid, this will not affect the effectiveness or validity of the rest of the Addendum.

  • If we fail to enforce any portion of this Addendum, this will not be considered a waiver. Any amendment to this Addendum must be made in writing in order to be valid.

Last Amended: April 27th, 2022