Data Subject Rights for Individuals Located in the European Economic Area (EEA)

• USEFUL WORDS AND PHRASES
• HOW IS PROCESSING YOUR PERSONAL DATA LAWFUL
• YOUR RIGHTS
  • Right to object to processing of your personal data
  • Right to access personal data relating to you
  • Right to correct any mistakes in your information
  • Right to restrict processing of personal data
  • Right to data portability
  • Right to withdraw consent
  • Right to erasure
  • Rights in relation to automated decision making
• What will happen if your rights are breached
• Complaints to the regulator

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.

USEFUL WORDS AND PHRASES

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.

HOW IS PROCESSING YOUR PERSONAL DATA LAWFUL

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:

• Contract

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.

• Legitimate Interests

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.

• Legal obligation

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.

• Consent

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.

• Legal claims

We need to process your personal data if, we are required to process your personal data to defend or establish a legal claim.

YOUR RIGHTS

As a data subject located in the EEA, you have the following rights under the European Data Protection Laws:

• the right to object to processing of your personal data;
• the right of access to personal data relating to you (known as data subject access request);
• the right to correct any mistakes in your information;
• the right to ask us to stop contacting you with direct marketing;
• the right to prevent your personal data being processed;
• the right to have your personal data ported to another controller;
• the right to withdraw your consent;
• the right to erasure; and
• rights in relation to automated decision making.

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.

Right to object to processing of your personal data

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".

Right to access personal data relating to you

You may ask to see what personal data we hold about you and be provided with:

• a copy of the personal data;
• details of the purpose for which the personal data is being or is to be processed;
• details of the recipients or classes of recipients to whom the personal data is or may be disclosed, including if they are overseas and what protections are used for those overseas transfers;
• the period for which the personal data is held (or the criteria we use to determine how long it is held);
• any information available about the source of that data; and
• whether we carry out an automated decision-making, or profiling, and where we do information about the logic involved and the envisaged outcome or consequences of that decision or profiling.

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.

Right to correct any mistakes in your information

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.

Right to restrict processing of personal data

You may request that we stop processing your personal data temporarily if:

• you do not think that your data is accurate. We will start processing again once we have checked whether or not it is accurate;
• the processing is unlawful but you do not want us to erase your data;
• we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
• you have objected to processing because you believe that your interests should override our legitimate interests.

Right to data portability

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.

Right to withdraw consent

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.

Right to erasure

You can ask us to erase your personal data where:

• you do not believe that we need your data in order to process it for the purposes set out in SOCAN’s Privacy Policy;
• if you had given us consent to process your data, you withdraw that consent and we cannot otherwise legally process your data;
• you object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or
• your data has been processed unlawfully or have not been erased when it should have been.

Rights in relation to automated decision making

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.

What will happen if your rights are breached

You may be entitled to compensation for damage caused by contravention of the European Data Protection Laws.

Complaints to the regulator

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.