Política de Privacidad

Please read the following privacy policy (the “Privacy Policy”) carefully before using the website www.offstep.com  and any affiliated sites (individually and collectively, the “Site”) to learn about how Verge Records International, Inc. (“OFFstep,” “we,” “our” or “us”) collects and uses your personal information.

By accessing the Site and/or the services offered by OFFstep via the Site (the “Services”), you agree and consent to the terms and practices referred to in this Privacy Policy, as amended from time to time, and you hereby grant to us your prior and informed consent for the use and treatment of your information as described herein. If you do not agree to this Privacy Policy in its entirety, please do not access or use the Site or Services. Should you have any questions about the Privacy Policy, please contact legal@offstep.com.

Where required by law, OFFstep. shall be deemed the data controller or the person responsible for and in charge of the treatment or use of the Information.

1. INFORMATION COLLECTED

We collect your personal and non-personal information (the “Information”) in two ways: 

• (i) Information that you provide; and 
• (ii) Information that is automatically collected.

Your provision of personal information is completely voluntary. We do not collect personal information unless you submit that information to us.

Categories of personal information we may collect include:

• Identity Data, which includes names or other similar identities.
• Contact Data, which includes address, email address, and telephone numbers.

We may also collect certain other types of information that, along with identity and contact data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:

• Financial Data, which includes credit card, debit card, bank account, or other payment details.
• Transaction Data, which includes details about payments to and from you.
• Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information;
• Profile Data, which includes your username and password, your album and release information, accounting statements, and other reports, and preferences.
• Usage Data, which includes information on how you use the Site and any third-party sites linked to the Site.
• Social Media Data, which includes information from the social platforms where the user is registered and via which platform the user logs into our website.
• Marketing and Communications Data, which includes your preferences in receiving marketing from us.

IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAINS TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

We can collect additional information on you from other sources, such as:

• Social networks and digital platforms: In these cases, we may collect information related to your identity and the number of followers you have on certain social networks and digital platforms. This information may be used to confirm that you behave according to the practices and policies from social networks and to access other data published by you in order to verify the veracity of the information provided on this site, as well as to provide the services subject to this Site.
• Information you provide. To register for an account on the Site and use some of the Services, you may need to provide us with certain Information, such as your full name, age, e-mail address, mailing address, telephone number, credit card or other payment method information, billing information, URL, titles of songs and albums, artist name(s), credits and other similar information and metadata relating to songs and sound recordings, analytics, and biographical information.  Providing us with such Information is a decision that you make in a free, voluntary, and independent manner. You may provide your Information by entering it as instructed on the Site, or by logging into your online account (“SMSP Account”) with a social media service provider (“SMSP”), including but not limited to your Facebook account. You agree that by logging into these SMSP Accounts you authorize us to access to them and the Information and contents published therein, such as photographs, profile pictures, and name and location of contacts. Furthermore, you represent that such authorization (i) does not violate the terms and conditions or the privacy policy governing the services provided to you by the SMSP; and (ii) does not cause us to pay any fee for such access.
• Information automatically collected.  We may automatically receive, collect, and record information such as (i) actions and searches you perform while interacting with the Site or using the Services; (ii) Internet Protocol addresses; (iii) operating systems; (iv) the time, frequency and duration of the actions, visits, and uses of the Site and Services; and (v) analytics thereof.  Some of the ways in which we or the Site may collect are further described below:
• Cookies and Other Technologies. The Site may use cookies, a type of technology that installs a small data file on a website user’s computer or other device to permit a website to, for example, recognize future visits from that computer or device. Cookies allow the Site to recognize you and tailor the Site and Services to your tracked preferences.  You may limit or delete the cookies enabled by us by modifying the settings of your browser, and you may set your browser to inform you when cookies are enabled.
• Internet-Based Advertising. We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit the Site or other websites. Cookies, described above, may be used in this process.
• Clickstream Data. As you use the Internet, a trail of electronic information is left on each website you visit. This information, sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Site. The Site may collect and use clickstream data as a form of aggregate information to anonymously determine how much time users spend on each page of the Site, how users navigate through the Site, and how we may tailor the Site to better meet the needs of users.  The information often will be used to improve the Site and Services. The collection or use of clickstream data will be anonymous and aggregated and will not intentionally contain any personal information.
• Location Data. The Site may location information, including as provided by a mobile or other device interacting with the Site (including through beacon technologies) or associated with your IP address, where we are permitted by law to process this information.

2. USE OF THE INFORMATION

Subject to the section titled “Additional EU Disclosures,” we use information held about you to perform the Services and for other purposes outlined below. Specifically, we use your information for a variety of purposes (the “use” or “treatment”), including:

• To identify you when you use the Site and Services;
• To provide, operate, improve, and optimize the operation of the Site and Services;
• To customize the Site and Services;
• To perform under the contract, we are about to enter into or have entered into with you;
• To communicate with you, send you emails, technical messages, marketing campaign messages, security alerts, and updates. terms and conditions and policies updates, and notices;
• To provide technical support; and
• To comply with a legal or regulatory obligation.
• Subject to the section titled “Additional EU Disclosures,” we may also use your Information by sharing or disclosing all or part of it with certain third parties:
• If it is necessary to provide, operate, improve or optimize the operation of the Site or Services;
• If it is required by the applicable law and regulations or requested by an authority such as a court, the government, or law enforcement officials;
• In order to investigate suspected fraud or other violations of any law, rule, regulation, or the policies of the Site.
• If you are involved, directly or indirectly, in a Copyright Claim or Dispute (as this is defined and treated in the Terms and Conditions of the Site)
• As required to our affiliated companies, assignees, officers, employees, contractors, partners, shareholders or licensees; or
• In connection with a merger, acquisition, or corporate restructuring of OFFstep.

3. THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES

The Site may include links to third-party websites, plug-ins, and applications, including but not limited to Google Services. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible for their privacy statements. For your information, Google’s Privacy Policy can be accessed at https://policies.google.com/privacy?hl=en-US, as well as Google’s security settings page at https://security.google.com/settings/security/permissions, but we encourage you to search and read the privacy policy of every website you visit.

The Site may integrate with various social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with the Site, we are doing so merely as an accommodation and, like you, are relying on those third-party services to operate properly and fairly.

You should be aware that Information that you voluntarily include and transmit online in a publicly accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your Information, and by using such services, you assume the risk that the Information provided by you may be viewed and used by third parties. We can also share the Information to the following third parties: (i) auditors; and public authorities as required by law, such as to comply with subpoenas or similar legal processes and obligations; (ii) When the user is an artist, label, writer or other rightsholder, we can share the Information to rights management entities for the registration and administration of your rights, financial entities to carry out financial transactions, and third-party owners of channels and digital platforms (including social networks) to carry out all acts of use and exploitation offered by said third parties, as well as the users of the mentioned channels and platforms, as main receptors of the data contained in the images, interpretations, executions, audios and videos; and (iii) When a claim related to Copyright or any type of Intellectual Property Rights is brought to us and you are, directly or indirectly, related to it. In this case, we can decide, in our sole discretion, to share your contact information with claimant, who can reach you and notify you about your possible infringement of his rights, and jointly find a solution to the origin of the dispute.

4. ACCESS, UPDATE AND CORRECTION OF THE INFORMATION

You agree to immediately request us to update or correct the Information as soon as you notice that the Information provided by you or automatically collected is inaccurate or needs to be updated, rectified or deleted. You are responsible for any inaccurate or not updated Information. You are responsible for any inaccurate or outdated information. 

You may, at any time, request, regarding your data: 

• confirmation of its processing by OFFstep; 
• access to your data; 
• correction; 
• anonymization, blocking, or deletion of unnecessary or processed data in non-compliance with the local laws of your country or region; 
• data portability to another provider. 

By requesting any such action, you are aware and agree that: (a) we may retain some of this data that will be properly protected, solely and exclusively necessary for our internal use, for accounting or compliance with laws, and; (b) the Service or Agreement you hold with us may be unfeasible, depending on the level of deletion, anonymization, blocking, or portability of data you intend. If the contract is terminated for this reason (item “b”), the relevant contractual dispositions that regulate your relationship with us may apply. 

To make any of the requests above, please send an email to legal@offstep.com. All notices sent to this email will be deemed received 24 hours after the email was sent if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement. 

Additionally, As a user of the Site, you not only have the right of access, rectification, deletion, opposition, limitation of treatment, and portability, but also, where applicable, the withdrawal of consent granted in relation to the treatments indicated in this policy based on consent (without affecting the legality of the treatment based on the consent prior to its withdrawal). On the other hand, we won’t make any decisions regarding to the treatment of your information, based on the sole and automated possession of your data. You may access your personal data (or exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

5. DATA SECURITY

We have put in place appropriate security measures to prevent information about you from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.

6. DATA RETENTION

We will only retain your information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for your Information, we consider the amount, nature, and sensitivity of the Information, the purpose for which we process your Information and whether we can achieve those purposes through other means, and the applicable legal requirements.  In some circumstances, you can ask us to delete your data (see Request erasure below for further information). In some circumstances, we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.

7. UNSUBSCRIBING CHOICE

You may choose to opt out or unsubscribe from emails from us with updates, newsletters, marketing campaigns and other communications, you may choose to unsubscribe from such by following the instructions contained in such emails or by sending a request to legal@offstep.com. You may not unsubscribe from emails regarding your account with us, transactions on the Site or in connection with the Services, changes to this Privacy Policy, contracts between us and you, or similar correspondence. You may revoke the authorization granted herein on a prospective basis by sending an email to legal@offstep.com and ceasing all use and access of the Site and/or Services; however, we may continue to use Information received prior to such revocation or as needed for our legitimate business purposes, to perform under any contract between us and you, or for any other lawful purpose. If you resume or continue to access the Site and/or Services, your authorization will be reinstated, and such access or use will be deemed your consent.

8. CHILDREN’S INFORMATION

The Site and Services are not intended for children under the age of 13.  If we become aware that a minor has provided his/her Information, we will have the right to remove or delete such information and to make our best efforts in limiting the access of the minor to the Site and Services.  If the minor’s parents become aware that their child is accessing the Site, using the Services, and/or providing us with his/her Information, they shall immediately contact us at legal@offstep.com. Also, as a user of the site, you guarantee that you’re either 18 or under your legal representative’s authorization and consent to access any of the services hereof offered.

9. ADDITIONAL EU DISCLOSURES

• Our role as data controller and data processor.  OFFstep acts as the data controller of your Information submitted through the Site. Notwithstanding this, any of OFFstep’s affiliates or subsidiaries can process your Information from the moment in which you submit it on our Site. If you provide your information to our site and you are situated in the EU, by accepting this Privacy Policy you understand that OFFstep Spain S.R.L acts as the main representative of the Data Controller in that territory, therefore any complaints regarding our privacy practices as data controller shall be made though that subsidiary. In any case, you can always resort to your local supervisory authority. However, we encourage you to contact us first at legal@OFFstep.com, and we will do our very best to resolve your concern.
• Provision of personal data and failure to provide personal data. Where we need to collect personal data by law or under the terms of a contract, we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Services). In this case, we will not be able to provide Services to you.
• Legal basis for our processing of your personal data.  Any treatment of Information will fall under the scope of the European Union’s data protection legislation (the General Data Protection Regulation or “GDPR”) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD). Below are the types of lawful basis that we will rely on to process your personal data:
  1. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure to consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).  You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at legal@offstep.com
  2. Performance of contract means processing your data as necessary to perform our obligations under any contract with you, including all actions required to fully render the Services under any contract.
  3. With implied or express consent means processing your data based on your consent, whether express or implied by your actions, such as sending you certain information, including marketing communications, to share your information with partners when you have requested, we do that, or as otherwise agreed.
  4. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.
• Change of purpose.  We will only use your personal data for the purposes for which we collected it unless we reasonably consider the need to use it for another reason and that reason is compatible with the original purpose.  If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at legal@offstep.com.  If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.  Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required by law, and when, according to our Terms and Conditions, you get eventually involved, directly or indirectly, in a Copyright Claim or Dispute.
• Collection of personal data from third-party sources.  We also collect data about you from various third parties and public sources:
  1. If you register for the Site or otherwise link to your Facebook, Twitter, or other social media sites, we will import your data from those social media sites.
  2. Your accounting statements and reports generated in connection with the Services we provide are based on data we receive from various third-party platforms.
  3. As discussed above, we also obtain data through automated technologies (see section titled “Information Collected”)
• Withdrawing your consent.  If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at legal@offstep.com.
• Use of your personal data for marketing purposes. We strive to provide you with choices regarding personal data uses, particularly around marketing and advertising:
  1. Marketing emails from us: We may use your information to form a view on what we think you may want or need, or what may be of interest to you.  You will receive marketing communications from us if you have signed up on the Site or used the Services and, in each case, you have opted into receiving that marketing.
  2. Third-party marketing:  We will get your opt-in consent before we share your personal data with any company outside of OFFstep for marketing purposes. To see how you can opt out of marketing communications, please see section 6 titled “Unsubscribing Choice.”
• Rights of EU Data Subjects.  Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
  1. Request access to your personal data (commonly known as “data subject access request”).  This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  3. Request the 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 to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  4. 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 as you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms.
  5. Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need to establish, exercise, or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have to override legitimate grounds to use it.
  6. Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated data which you initially provided consent for us to use or where we used the data to perform a contract with you.
  7. Withdraw consent at any time where we are relying on consent to process your personal data.  However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You may access your personal data (or exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

To exercise your rights, please contact legal@offstep.com

10. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

The California Consumer Privacy Act (“CCPA,” Cal. Civ. Code §1798.100 et seq.) and the “Shine the Light” law (Cal. Civ. Code § 1798.83) allow California residents specific rights regarding personal information. If you are a California resident, this section applies to you. We collect the Information described above in Section 1,  and may use such Information for any of the above-mentioned purposes. Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personally identifiable information, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third party (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; (ii) deletion of the customer’s Information; (iii) an opt-out of any sales of the customer’s Information that may occur; and (iv) the names and addresses of all such third parties. To request the above information or to opt out of this information sharing, please contact us at legal@offstep.com. When submitting your request, you must affirm that you are a California resident or an authorized representative for a California resident. If you choose to utilize an authorized agent, the agent must be registered with the California Secretary of State and you must designate said agent by providing them with written permission to act upon your behalf. We will not discriminate against you if you exercise these CCPA rights. California “Shine the Light” law.  California residents have the right to request details regarding how their Information is shared with third parties for direct marketing purposes. If you would like to obtain such information or do not want your personally identifying Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to legal@offstep.com.

11. UPDATES TO THIS PRIVACY POLICY

We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. However, if at any time in the future, we plan to use your information that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review the Site for the latest information on our privacy practices. You are bound by any changes to the Privacy Policy when you use the Site and/or Services after such changes have been first posted.

12. CONTACT US