This document and the SOCAN Privacy Policy explain what data we process, why, how it is legal and your rights. The SOCAN Privacy Policy provides general information about how we process your personal data and this notice builds on the provisions in that notice and gives you more information about our processing and your rights.
Please familiarize yourself with the following words and phrases (used in bold) as they have particular meanings in the European Data Protection Laws that apply to individuals located in the EEA and are used in the section below that sets out why we are allowed to process your personal data and sets out your rights in more detail.
Term |
Definition |
controller |
This means any person who determines the purposes for which, and the manner in which, any personal data is processed. |
criminal offence data |
This means any information relating to criminal convictions and offences committed or allegedly committed. |
Data Protection Laws |
This means the laws which govern the handling of personal data. This includes the General Data Protection Regulation (EU) 2016/679 and any other national laws implementing that Regulation or related to data protection. |
data subject |
The person to whom the personal data relates. |
personal data |
This means any information from which a living individual can be identified. |
processing |
This covers virtually anything anyone can do with personal data, including:
|
processor |
This means any person who processes the personal data on behalf of the controller. |
special categories of data |
This means any information relating to:
|
We are a controller for the purposes of the Data Protection Laws.
We are allowed to process your personal data for the following reasons and on the following legal bases:
It is necessary for our performance of the membership agreement and/or other contracts you have agreed to enter with us. If you do not provide your personal data to us, we will not be able to carry out our obligations under the terms of your contract. The necessary information that we need from you in order to maintain your membership agreement with us is listed under the description under ‘what personal information do we collect and why we collect it’ in SOCAN’s Privacy Policy.
We are permitted to process your personal data if it is based on our ‘legitimate interests’ i.e. we have good, sensible, practical reasons for processing your personal data which is in the interests of SOCAN. To do so, we have considered the impact on your interests and rights, and have placed appropriate safeguards to ensure that the intrusion on your privacy is reduced as much as possible. The descriptions under ‘what personal information do we collect and why we collect it’ in SOCAN’s Privacy Policy sets out the personal data processed on this basis.
You can object to processing that we carry out on the grounds of legitimate interests. See the section headed "Your Rights," below, to find out how.
We are subject to legal obligations to process your personal data for the purposes of complying with applicable regulatory, accounting and financial rules, and to make mandatory disclosures to government bodies and law enforcements.
Sometimes we want to use your personal data in a way that is entirely optional for you. On these occasions, we will ask for your consent to use your information. You can withdraw this consent at any time.
We need to process your personal data if, we are required to process your personal data to defend or establish a legal claim.
As a data subject located in the EEA, you have the following rights under the European Data Protection Laws:
These rights are explained in more detail below. If you want to exercise any of your rights, please contact us (please see "How to contact us" in SOCAN’s Privacy Policy). Please note that some requests may require you to verify your identity.
We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we will respond within three months.
Please be aware that there are exceptions and exemptions that apply to some of the rights which we will apply in accordance with the European Data Protection Laws. For example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
You may object to us processing your personal data where we rely on a legitimate interest as our legal grounds for processing.
If you object to us processing your personal data we must demonstrate compelling grounds for continuing to do so. We believe we have demonstrated compelling grounds in the section above titled "How is processing your personal data lawful".
You may ask to see what personal data we hold about you and be provided with:
To help us find the information easily, please provide us as much information as possible about the type of information you would like to see.
SOCAN is committed to maintaining the accuracy of your personal information and ensuring that it is complete and up-to-date. In most cases SOCAN collects your personal information directly from you. If you discover inaccuracies in SOCAN’s data, please notify SOCAN to make the necessary changes. If you would like to do this, please let us know what information is incorrect and what it should be replaced with.
You may request that we stop processing your personal data temporarily if:
You may ask for an electronic copy of your personal data which we hold electronically and which we process when we have entered into a contract with you. You can also ask us to provide this directly to another party.
You may withdraw any consent that you have given us to process your personal data at any time. This means that we will not be able to carry out any processing which required use of that personal data.
You can ask us to erase your personal data where:
You have the right to have any decision that has been made by automated means and which has a significant effect on you reviewed by a member of staff and we will consider any objections you have to the decision that was reached.
You may be entitled to compensation for damage caused by contravention of the European Data Protection Laws.
It is important that you ensure you have read this Privacy Notice – and if you do not think that we have processed your data in accordance with this notice – you should let us know as soon as possible. You may also complain to the competent data protection authority. The name and contact details of the Data Protection Authorities in the European Union can be found here.