Privacy Policy

INTRODUCTION

This Privacy Policy is governed by the laws of France and will be interpreted in accordance with the French courts. For your reading comfort and understanding, you can get on this page a full translation in English of the Privacy Policy of the current website.

BEATS AVENUE, a company whose website is published by CLEM’S 5 ENTERTAINMENT, undertakes in the course of its business to process personal data according to applicable regulation, namely the French act n° 78-17 of January 6, 1978 relating to data processing, data files and individual liberties as amended, and the General Data Protection Regulation of April 27, 2016 entered into force as of May 25, 2018.

BEATS AVENUE undertakes to respect your personal data and to process such data by taking the necessary precautions. This privacy policy sets forth and provides you with detailed information on how BEATS AVENUE uses and protects the information that you provide to BEATS AVENUE when you use the website available at the following address (URL): https://www.beatsavenue.com/

By logging in and using BEATS AVENUE website’s services, you agree to this Privacy Policy. We only request information that is strictly necessary in order to ensure the use of our services.

ARTICLE 1: DEFINITIONS

Personal Data shall mean any information relating to an identified natural person or a natural person who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to that natural person, such as the User’s electronic address.

The Publisher shall mean the natural or legal person who publishes the online public communication services, namely for this website: CLEM’S 5 ENTERTAINMENT, a company registered in the official registry of Pontoise under the number 493 357 693 and whose registered office is located at 119 Le Clos de Bessancourt – 95550 Bessancourt – France.

The Data Controller shall mean the person in the organization who determines the response to the two following questions: for which purposes and in which manner personal data are processed? The Data Controller shall ensure the protection of your personal data. The Data Controller is usually the head of the firm.

The Website shall mean the site and all web pages and online services offered by BEATS AVENUE, which operates the website available at the following address (URL):  https://www.beatsavenue.com/

 Processing of Personal Data shall mean any operation or set of operations which is performed on such data, whatever the mechanism used (collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, deletion or destruction…).

The User shall mean the individual using the Website and BEATS AVENUE’s services.

ARTICLE 2: DATA CONTROLLER

The data controller referred to in this Privacy Policy, except for the data relating to the orders placed via BeatStars music player, is CLEM’S 5 ENTERTAINMENT, a company registered in the official registry of Pontoise under the number 493 357 693 and whose registered office is located at 119 Le Clos de Bessancourt – 95550 Bessancourt – France.

ARTICLE 3: NATURE OF COLLECTED DATA

With your prior consent, we may collect and process all or part of the following data when you use our medias:

• Full name
• Email address
• Country

 Information collected on the website enables BEATS AVENUE to keep the User informed, via its Newsletter, of its latest news and commercial offers. Such information shall be collected subject to the web user’s prior consent.

When an order is placed by the User via BeatStars music player, information is collected by BeatStars Inc. and is necessary in order to manage the transaction and, in this respect, may be provided wholly or partly to BEATS AVENUE’s contractor (Paypal) involved in the order’s completion.

Save as aforesaid, the User’s information shall not be communicated to third-parties.

However, the User shall be informed that such information may be disclosed in accordance with any applicable law or regulation or under any decision adopted by a competent regulatory or judicial authority or, if necessary, for the purpose of protecting BEATS AVENUE‘s rights and interests.

ARTICLE 4: PURPOSE OF COLLECTING PERSONAL DATA

The purpose of a processing is defined as the main objective of a personal data computer application.

In the case of BEATS AVENUE, such purposes are explicit and listed below:

• Customer management
• Personalized email delivery
• To provide you with the information or services that you requested (Newsletter delivery, commercial offers…)
• To contact you about BEATS AVENUE-related events including promotional offers and contests
• To collect information which allows us to enhance our Website, products and services (including through the use of cookies)
• To analyze the visit frequency and the history of your use of our services
• To solve any problems encountered, for the purpose of improving the use of our website and our services
• To prevent, detect and investigate any activity which is potentially unauthorized, unlawful or contrary to good practices, for the purpose of ensuring compliance with our general terms and conditions.
• To meet our legal and regulatory obligations.

Personal data of clients ordering via BeatStars music player are directly processed by BeatStars Inc.

BeatStars Inc.’s Privacy Policy

• Newsletter and marketing emails

 An unsubscribe link is included in each newsletter and marketing email sent by us. For those of you who have explicitly asked to receive our newsletter, you can easily unsubscribe by clicking on the unsubscribe links provided in each email.

• Reviews

BEATS AVENUE shall publish on its website a list of reviews including information relating to the last name and the first name as well as a picture of the clients who agreed to share their review on the services offered, through the « Facebook Comments » module. If you want to remove your comment from the list, please contact us by clicking on this link and we will delete your information very quickly.

ARTICLE 5: DATA RECIPIENTS 

• Data to third-parties

Unless otherwise provided in this privacy policy or subject to your prior consent, we may communicate your personal data to certain BEATS AVENUE’s employees or to our subcontractors.

BEATS AVENUE requires its service providers to use your personal data for the sole purpose of managing the services we ask them to provide. BEATS AVENUE also requires its service providers to act, in all circumstances, in accordance with applicable laws on personal data protection and to pay particular attention to the confidentiality of such data. For this purpose, BEATS AVENUE has verified the compliance of its subcontractors.

• List of subcontractors

Current data recipients are:

– OVH: Web hosting

– Paypal: Payment management

– Google Analytics: A web analytics service provided by Google

– Google Adsense: Ad placement on beatsavenue.com

– YouTube: Video dissemination on the website

– Facebook Pixel: A web analytics service provided by Facebook

– Facebook: Management of the advertisements and reviews posted on the website

– Tawk.to Live Chat: Chat module for customer support

– OneSignal: Delivery of push notifications via the browser

– Gleam: Management of games and contests

– SG Autorépondeur: Management of newsletter delivery

• Data retention period

BEATS AVENUE shall retain your personal data throughout the contractual period but also:

For 36 months (3 years) from the time the last contact was made in regards to prospects and upon termination of the business relationship in regards to customers. BEATS AVENUE shall remove from its database the personal data of the persons who have been inactive for 3 (three years) and place them in an exclusion base.

BEATS AVENUE shall then seek the consent of the visitors of the website every 13 months in order to process cookies.

ARTICLE 6: COOKIES

• Definition

Cookies are small data files placed on the hard disk of the User, without his or her knowledge, and that store information for future visits.

You may choose at any time to disable or enable cookies. Cookies are designed to record information relating to your browsing activity on the website (date and time of visits, visited pages, data and time of the click, location of the click…). Such information enables BEATS AVENUE to personalize the website, to facilitate access to pages etc.

• Cookie retention period

The French Data Protection Authority (the “Commission Nationale de l’Informatique et des Libertés” or “C.N.I.L.”) recommends storing cookies for a period of up to 13 (thirteen) months after being placed on the User’s device. Lifespan of cookies is not extended at each visit. As a consequence, the User’s consent (including implied consent) for the use of cookies must be renewed at least every 13 (thirteen) months.

• Purpose of cookies

We remind you that if you choose to block or refuse cookies, certain web pages may not display properly (for example: viewing of our videos, storage of identifying information, receipt of personalized recommendations, etc.).

We use the following types of cookies on our Website:

• “Strictly necessary” cookies. Such cookies are essential in order to browse our website and ensure its proper functioning. Without such cookies, you will not be able to use BEATS AVENUE website properly.
• “Analytics third-party” cookies. Such cookies are not essential in order to browse our website but may help us to better define your expectations, improve our offer or enhance the functioning of our website.
• “Third‑party social plug‑in content‑sharing” cookies. Such cookies are designed to enhance the website’s interactivity.
  • Facebook (share buttons and comments)
  • Twitter (share buttons)
  • YouTube (videos displayed on the website)

We have no control over the process used by the social media concerned (Facebook, Twitter, YouTube) to collect the above-mentioned information. As a consequence, we invite you to peruse the privacy policy of the social media concerned.

• Technical cookies:
  • Tawk.to Live Chat : chat service for BEATS AVENUE customer support
  • OneSignal : a notification service of BEATS AVENUE’s latest news and offers. Click here to unsubscribe
  • Gleam : games and contests organized by BEATS AVENUE

We have no control over the process used by these service providers to collect the above-mentioned information. As a consequence, we invite you to peruse the privacy policy of such service providers.

In order to manage cookies according to your preferences, we invite you to set your browser by taking into account the purpose of such cookies as described above.

• Browser configuration instructions

In order to manage cookies and your choices, such configuration is different for each browser. You can set your preferences, depending on your browser, as follows:

• Chrome :

1. On your computer, open Chrome.
2. At the top right, click “More”.
3. Click “More tools” and then “Clear browsing data”
4. At the top of the page, choose a time range.
5. Check the boxes “Cookies and other site data” and “Cached images and files”.
6. Click “Clear browsing data”.

• Mozilla Firefox :

1. Click the “Tools” button and then “Options”.
2. Click the “Privacy” panel.
3. Go to the Cookies section and select your preferences.

• Microsoft Internet Explorer :

1. Select the “Tools” button, and then select “Internet options”
2. Select the “Privacy” tab
3. Move the slider to the top to block all cookies (or the bottom to allow all cookies)

• Opera :

1. Select the “Settings” button and then “Preferences”
2. “Privacy”

Warning: if you chose to refuse, block or delete cookies, we shall not be responsible for any problems encountered while browsing our website.

ARTICLE 7: TRANSFER OF PERSONAL DATA

BeatStars Inc., the publisher of BeatStars’ technology (music player including an integrated order management system) and whose registered office is located at 845 Malcolm Rd. Suite 5, San Francisco, CA (United States), is the controller of data collected when orders are placed by the User via its music player, within the meaning of the General Data Protection Regulation. In this context, BEATS AVENUE is only acting as a “subcontractor”.

BEATS AVENUE’s role is to assist and advise BeatStars Inc with regard to the implementation of appropriate guarantees and compliance with strict conditions on confidentiality, use and protection of personal data.

We invite you to peruse BeatStars’ Privacy Policy here.

BEATS AVENUE reserves the right to access any personal data of the User, to share and to disclose such data pursuant to a lawful request (including search warrant or court order) if we are legally required to do so.

ARTICLE 8: HOSTING OF PERSONAL DATA

Your personal data are stored in our own or our service providers’ databases.

Our web hosting service provider’s contact information is as follows: OVH SAS, 2 rue Kellermann, 59100 Roubaix – France (Phone number: 08 203 203 63 / indigo number (0,118 €/min)) – www.ovh.com

In order to ensure the security of your personal data, we have verified compliance of such web hosting service provider with applicable laws and regulations.

ARTICLE 9: DATA PORTABILITY

Introduced into articles L.224-42-1 et seq. of the French Consumer Code by the French act of October 7, 2016 (“Loi pour une République Numérique”) and, more recently, by the European regulation on data protection, the right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.

Three conditions must be complied with in order to exercise such right:

• Right to data portability is limited to the personal data provided by the User.
• Such right only applies when the processing of data is carried out by automated means and is based on the User’s prior consent or the performance of a contract entered into with the User.
• Exercise of such right shall not adversely affect the rights and freedoms of third-parties, whose personal data would be included in the data transferred pursuant to a portability request.

ARTICLE 10: MEANS IMPLEMENTED TO ENSURE SECURITY

BEATS AVENUE shall implement all necessary measures to protect your information, in particular by trying to guard against any unauthorized access. However, regarding the vastness of the Internet and the development of technologies, we cannot ensure the security of your personal data provided to the website.

ARTICLE 11: RIGHTS OF THE DATA SUBJECT

In accordance with the French act n°78-17 of January 6, 1978 relating to data processing, data files and individual liberties, you have the right of access, rectification, and to object with respect to your personal data. You only need to send us a written request by using the “Customer Support” form available on the Contact page and provide us with your full name and the email you signed up with.

The User may unsubscribe from BEATS AVENUE’s newsletters or marketing emails by clicking on the unsubscribe links provided in each email.

ARTICLE 12: RESPONSABILITY

Any information available on the website is provided on an “as is” basis, in good faith and without any guarantee. Such information is deemed to be non-misleading by the time the User becomes aware of it. BEATS AVENUE shall not be responsible for any and all damages arising from a computerized intrusion by a third-party resulting in a modification of the information or materials made available on the Website. BEATS AVENUE disclaims any and all warranties, whether express or implied, if the use of the above-mentioned information infringes or violates any patent, copyright or registered trademark.

BEATS AVENUE reserves the right to modify the website at any time and without prior notice, and cannot guarantee the accuracy, correctness, updating and completeness of the information made available on the Website. Moreover, BEATS AVENUE reserves the right, without giving notice and without paying any compensation, to suspend the access to the Website and shall not be responsible for any and all damages arising from such action.

BEATS AVENUE shall not be held liable in the event of any malfunctioning of the services of BeatStars Inc. or any other third-party service provider, such as Paypal.

Under no circumstances shall BEATS AVENUE be held liable with regard to access speeds to the Website, speeds of opening and visit of the Website’s pages, loading speeds of digital audio files, external slowdowns or the suspension or inaccessibility of its services. Moreover, the User shall protect his or her technical devices, in particular against any form of virus infection and/or attempted intrusion, it being provided that under no circumstances shall BEATS AVENUE be held liable in this context. The User is sole responsible for the implementation, operation and maintenance of his or her technical devices necessary to access the Website. Under no circumstances shall BEATS AVENUE be held liable if the service offered by the Website is incompatible or malfunctioning with any software, configuration, operating system or device of the User.

Links to third-party websites

The website www.beatsavenue.com may include links to websites operated by third-parties. BEATS AVENUE does not manage or control, in any manner, the information, products and services included in these third-party websites. Links to third-party sites are provided to the User as a convenience only and shall not imply any endorsement from BEATS AVENUE. The use of links to third-party sites is the User’s sole responsibility.

In a similar way, certain websites may include links to such sites. BEATS AVENUE shall not be responsible for the content of such sites and shall not be held liable for any losses, damages or injuries arising from the access to or the use of the content of such sites. All links to other sites are provided to the User as a convenience only and imply neither an endorsement from BEATS AVENUE nor any association with its managers. Under no circumstances shall BEATS AVENUE be responsible for the use of websites connected by hypertext links, which are visited and used by the User at his or her own risks.

Any third-party interested in implementing a hypertext link to the website www.beatsavenue.com shall first inform BEATS AVENUE of his or her intention to do so (via the Contact section on the Website).

ARTICLE 13: DATA COLLECTED FROM CHILDREN

Our services are not directed to children and the use of our services is strictly prohibited if you are under 13 (thirteen) years old.

ARTICLE 14: DISPUTE RESOLUTION 

In the event of a dispute arising from this Privacy Policy, in particular with regard to its validity, interpretation or implementation, their consequences and impacts shall be submitted to the competent courts of Paris, France.

ARTICLE 15: AMENDMENT

We inform you that this privacy policy may be amended or supplemented at any time by BEATS AVENUE, in particular for the purpose of complying with any legal, regulatory, jurisprudential or technological development.

Any amendment to this privacy policy shall be published on the website and, where applicable, sent by email.

ARTICLE 16: GOVERNING LAW AND LANGUAGE

This Privacy Policy is governed by the laws of France and is translated from French language. The French language version shall prevail in the event of a dispute. If any provision of this Privacy Policy is held to be invalid, such invalidity shall not affect the validity of the remaining provisions hereof. BEATS AVENUE’s failure to enforce any provision, either temporarily or permanently, will not be deemed to be a waiver of the other provisions of this Privacy Policy, which remain in force.

ARTICLE 17: CONTACT

Any question relating to this Privacy Policy can be submitted by clicking ON THIS LINK.