Artlist Privacy Policy

This notice describes the manner in which Artlist Ltd. (the “Company”) whether directly or through its service providers, collects, uses and otherwise processes Personal Data (as defined below) of Artists, Digital Artists and/or Agents (hereinafter “Artists”; “You”) with which Company contracts communicates, negotiates, and manages a relationship with regard to inclusion of the Artists' Works and/or Digital Assets in Company’s Catalogue and/or execution of Enterprise Licenses Agreements by the Company concerning the use of the Works and/or Digital Assets. This notice applies to all Artists engaged by the Company in accordance with the respective agreement executed between Artist and the Company (“Agreement”).

Last update: November 5, 2023

  • Definitions

    In this notice, the following terms have the meanings set out alongside them. Capitalized terms not defined here otherwise shall have the meaning ascribed to them in the Agreement:

    Data Protection Lawsmeans any and all applicable domestic and foreign laws, rules, directives and regulations, pertaining to data privacy, data security and/or the protection of Personal Data, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and the Israeli Protection of Privacy Law 1981 and the regulations enacted thereunder (“PPL”), and any amendments or replacements to the foregoing.
    Personal Datameans any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
    Processingmeans anything done to or with Personal Data whether or not by automated means, such as collection, recording, organisation, storage, alteration, retrieval, disclosure or otherwise making available, erasure or destruction, or other use (and ‘Process’ and ‘Processed’ shall be construed accordingly).
    • The Company is a “controller” for all your Personal Data received from you. This is due to the fact that we determine the means and purposes of processing your Personal Data. We are required under Data Protection Laws to notify you of the information contained in this notice.
    • We are committed to ensuring the confidentiality, integrity, availability and resilience of all Personal Data we process, adhering to high standards of data protection and data security.
    • Questions about the content or application of this notice should be directed to the Company’s Data Protection Officer (“DPO) at [email protected].
    • In addition to this policy, your use of company’s website is subject to the privacy policy available on the website and incorporated herein by reference.

  • Data Protection Principles

    • Specifically, the Data Protection Laws require that Personal Data:
      • is Processed fairly and lawfully and transparently and, in particular, shall not be Processed unless specific conditions are met;
      • is collected for specified, explicit and legitimate purposes as set out in the Data Protection Laws, and shall not be Processed in any further manner incompatible with that purpose or those purposes;
      • is adequate, relevant and limited to what is necessary in relation to those purpose(s);
      • is accurate and, where necessary, kept up to date;
      • is not to be kept for longer than is necessary;
      • is kept in a form which permits identification of the data subject for no longer than is necessary for the purpose(s);
      • is Processed in accordance with the rights of data subjects under the Data Protection Laws; and
      • is kept secure by us, taking appropriate technical and other measures to prevent unauthorised or unlawful Processing or accidental loss or destruction of, or damage to, Personal Data.
    • We shall ensure that the rights of data subjects can be fully exercised under the Data Protection Laws. Under certain circumstances, all individuals have rights of access to their Personal Data under Data Protection Laws through a “data subject access request”. Individuals can submit a request to the Company to:
      • Be told whether any Personal Data is being Processed;
      • Be given a description of the Personal Data, the reasons it is being Processed, and whether it will be shared with any third parties; and/or
      • Be given a copy of the information comprising the Personal Data, including details of the source of the data where available.
      • Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
      • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
      • Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground When relating to processing for marketing purposes, you have an absolute right to object; while for other purposes, the existence of the right depends on what lawful basis the processing relies on.
      • Request the restriction of processing of your Personal Data. You have the right to request that Company restrict the processing of your Personal Data, when: (a) you contest the accuracy of your Personal Data, for a period allowing Company to verify the accuracy of said data; (b) if you believe Personal Data has been unlawfully processed and you wish to restrict processing rather than delete it; (c) Company no longer needs the Personal Data but you require to keep it in order to establish, exercise or defend a legal claim; or (d) you have exercised your right to object the processing (above) for a period allowing Company to consider whether your legitimate grounds override those of the Company.
      • Request the transfer of your Personal Data to another party.
    • If allowed by applicable laws, you have the right to withdraw your consent at any time when Company processes your personal data based on your consent on any of these rights. However, withdrawal does not affect the legitimacy and effectiveness of how we process your personal data based on your consent before the withdrawal is made; nor does it affect any data processing based on another lawful bases other than your consent.
    • You may exercise these rights to the extent these rights apply to you by emailing to the Company: [email protected]. We will undertake to respond to your request within the applicable time frame prescribed by applicable law. Although we will make reasonable efforts to accommodate your requests, in some circumstances we may deem your request unfounded or not eligible under applicable law. In such instances we reserve the right to refuse your request.

  • The types of information which we hold about you

    • We may collect, store, and use the following categories of Personal Data about you:
      Instances in which data is collectedCategories of personal data that are processedPurpose of processingLegal basis for processing under GDPR
      When our team members review various open platforms
      • Artistic name (stage name),
      • Full name
      • Professional information
      • Tools used
      • Awards
      • Links to social media accounts and bio presented there
      • Profile photo
      • Email address
      • Phone number
      • Postal address
      1. Assessment of your candidacy and your music/footage/digital assets for cooperation with the Company
      2. Contacting you
      3. Recruitment, signing the contract, onboarding Artists
      		Legitimate interest
      When we receive your information from agents
      • Artistic name (stage name)
      • Full name
      • Professional information
      • Tools used
      • Awards
      • PRO membership
      • Links to social media accounts and bio presented there
      • Profile photo
      • Email address
      • Phone number
      • Postal address
      1. Assessment of your candidacy and your music/footage/digital assets for cooperation with the Company
      2. Contacting you
      3. Recruitment, signing the contract, onboarding Artists
      		Legitimate interest
      When you are filling out any form on our website, or being approached by our team members
      • Full Name
      • Email
      • Country
      • Stage name
      • Social media data
      • PRO membership (if applicable)
      • Professional background
      • Additional information you choose to provide to us
      • Portfolio Links
      1. Assessment of your candidacy and your music/footage/digital assets for cooperation with the Company
      2. Contacting you
      3. Recruitment, signing the contract, onboarding Artists
      		Legitimate interest
      Signing the Agreement, onboarding, and payment of royalties
      • Full name
      • Address
      • Postal code
      • Confirmation of residency for Tax purposes
      • Date of birth
      • Email address
      • Phone number
      • ID/VAT number
      • VAT number
      • Profile photo
      • Bio
      • ID copy
      • Nationality
      • Professional information
      • Artist’s Intellectual Property rights
      • Tax ID or EIN (for US citizens)
      • Stage name
      • Membership in PRO)
      • Social media data
      • Preferred payment method
      • PayPal or Payoneer account information
      1. Onboarding the Artist.
      2. Creating Artist’s profile and presenting his bio and photos on the Website and the Catalogue
      3. Ongoing communication, transfer of payments and support
      		Based on our contract
    • You are not obliged under any applicable law to provide us any of the above information and you may be able to opt not to disclose your Personal Data to the Company. However, not providing Company with certain Personal Data or withdrawing your consent for specific processing (in accordance with section 3.4 below) may mean that we will not be able to perform the Agreement, which might lead to our decision not to enter or terminate the Agreement.
    • In addition to the legal basis for processing indicated above the Company might process Artists’ Personal Data for the following purposes:
      • To maintain and publish your Works and/or Digital Assets in Company’s Catalogue, we may use your stage name, genre, profile picture and a listing and publication of your Works and/or Digital Assets
      • To perform our necessary legal functions and obligations under the Agreement, including performance of payments to the Artists.
      • For legal, personnel, administrative and management purposes and to enable the Company to meet our legal obligations, for example to pay Artists’ royalites or fees and monitor their performance.
      The processing activities mentioned in sub-paragraphs a. to c. above are performed based on their being necessary for the legitimate interests pursued by the Company, or on their being necessary for the compliance with a legal obligation to which we are subject.
    • In the circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our DPO at [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your data for the purpose or purposes you originally agreed to, unless we have another lawful basis for doing so in law.
    • In addition, you may be required to provide us with the following Persona Data concerning third party individuals involved in the the Works and/or Digital Assets’ creations such as co-writers, producers, technicians, models/actors, properties owners and other individuals that contributed to the music, sound effect, footage, digital assets, including Artists or Artists (when the Agreement is executed by Agent) (“Collaborators”): full name, PRO affiliation, PRO IPI, ID number, stage name, address, date of birth, phone number, email, or name, ID number and address of the model/actor legal guardian.
    • By providing Collaborators’ Personal Data to the Company, you represent and warrant to the Company that:
      • You have the right and the authority to provide Collaborators’ Personal Data to Company for its use including for the purpose of verification of your intellectual rights and the rights of Collaborators, and consent to use the rights associated with such intellectual property;
      • You have provided any required notices and to the extent required, has obtained any required consents from Collaborators as required by Data Protection Laws to collect and process their Personal Data, including, through Company.

  • How is your Personal Data collected?

    • We collect Personal Data about you through the engagement process, either directly from you, from third parties (such as agents) or sometimes from publicly available sources.
    • We will collect additional Personal Data in the course of activities related to our engagement throughout the period of your engagement as well as through your use of the Website.

  • Data sharing

    • Other than as set forth below, we will not disclose an individual’s Personal Data to a third party without consent or unless we are satisfied that we are legally entitled to share such data under Data Protection Laws. We will not sell your personal data to third parties for use for their own purposes.
    • First and foremost, when you join Artlist as an Artist, you acknowledge and agree that Personal Data that you provide us with will be made available to the public as part of our website and other Catalogues. The information that may be made publicly available as described above includes your stage name, profile picture, genre and a listing and publication of your Works and/or Digital Assets.
    • We employ third-party service providers to perform tasks on our behalf and need to share your Personal Data with them in order to provide services to the Company. The categories of third-party recipients of Personal Data from us are as follows: cloud hosting and storage services, CRM platforms, document signing platforms, online forms tools, email campaign automation, communication automation, payment gateway services, API integration tools, and analytics service providers.
    • Furthermore, we share your information with companies within our group, in order to provide you with our services.
    • In addition to the disclosures of Personal Data set out above, we may also disclose Personal Data to a regulator or where such disclosure is otherwise necessary for compliance with other legal obligations to which we are subject, or in order to protect Artist’s vital interests or the vital interests of another person.
    • All of the organizations in 5.3 and 5.4 are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow them to use your Personal Data for their own purposes. We only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
    • We may share your Personal Data with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymized data with the other parties before the transaction completes. Once the transaction is completed, we will share your Personal Data with the other parties if and to the extent required under the terms of the transaction.

  • Data Transfer

    • The Website, the Catalogue and our internal systems maintaining your Personal Data may be operated in countries other than your own location, and your Personal Data may be accessed and/or processed from and/or transferred to countries other than your own location. We may do this where data is accessed/processed:
      • by the Company and its affiliates for operational, administrative, compliance purposes or customer support teams in our various locations;
      • By our service providers, for the purposes we specified under the section “Data Sharing”.
    • The safeguards we deploy for performing such transfers across boundaries:
      • Adequacy. If you are located outside of Israel, and choose to provide information to us, please note that we transfer the data, including personal data, to the Company offices located in Israel and process it there. Any transfers to Israel are made on the basis of an adequacy decision made by the European Commission.
      • Model Clauses. We may use standard contractual clauses approved by the European Commission and/or by the UK that are binding standards of processing of Personal Data committed to contractually by third parties processing information for us and on our behalf.
      • Other approved mechanisms or frameworks recognized by Data Protection Laws.
      • Consent. In the absence of an adequacy decision or Model Clauses, and in the absence of any other right to transfer Artists’ Personal Data, your consent shall serve as the basis for such transfer. By accessing and using the Website and/or providing us with the Personal Data, you agree and understand that your information may be transferred from the EEA, UK or other countries in which you may be using or accessing the Website, to other jurisdictions outside your own location. The transfer will be to such third parties as described under Section 7 (Data Sharing).
    • Company will take steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice and no transfer of your Personal Data will take place to company or a country unless there are adequate controls in place including the security of your Personal Data.

  • Data Storage

    • Information and records relating to Artists will be stored securely and, except for the information that will be made accessible to the public through our websites and Catalogues, it will only be accessible to authorized staff.
    • We will only store information for as long as it is needed or required by law or according to our engagement with our users and customers. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. When Personal Data is no longer needed (and we are no longer obliged to retain it), we will dispose of such information appropriately and securely. For further information on our retention periods, please contact the DPO.

  • Our Employees Responsibilities and Data Security

    • We train our employees and raise awareness towards keeping the Personal Data safe and respecting the rights of the data subjects.
    • You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
    • We may need to request specific information from you to help us confirm your identity and ensure your right to access the data (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

  • Data Protection Officer

    • We have appointed a DPO to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your Personal Data, please contact the DPO at [email protected].
    • If you think that the way we process your Personal Data does not comply with applicable Data Protection Laws, you can contact the relevant competent data protection authority. You can obtain the information for contacting EU data protection authorities at https://edpb.europa.eu/about-edpb/board/members_en.

  • Changes to this Privacy Notice

    • We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your Personal Data.
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