W3M Token Management platform- Privacy Policy

PRIVACY POLICY

Last updated: replace this text with the day of publication

Dear User,

The "General Data Protection Regulation" (EU Regulation 2016/679, also known and hereinafter referred to as "GDPR"), and the Swiss Data Protection Act require us to provide You with the following information on the processing of Your Personal Data.

In order to simplify this policy, in the following we will mainly refer to the GDPR, since it is the most widely known privacy regulation, but we also grant similar rights to Users located in Switzerland or in other jurisdictions, as required by their respective national laws.

This policy informs you of the Personal Data Processing activities we perform as a result of providing the Services (see in the Glossary what we include in the definition of "Services").

“Processing of Personal Data” means any operation concerning any information relating to an identified or identifiable natural person. For example, first and last name, or an email address with a “user name” that identifies you (e.g. johndoe@….) is considered “Personal Data”, and the actions of collection, registration with us and use of your Personal Data to send you a communication are considered “Processing” operations; same applies to communication of Data to other organisations and storage.

As our entity provides the Services, and establishes purposes and means of the Processing of Personal Data relating to You, it qualifies as “Data Controller” under the GDPR.

If You, the User, are the individual whose Personal Data are processed by us, you are referred to as a "Data Subject," and you have the right to receive the following information about who we are, what Personal Data we process, why, how and for how long we process it, and what obligations and rights you have regarding it. If the actual User of the Services is some type of entity (e.g., company, association, etc.), the Data Subjects are the natural persons who materially use the Service on behalf of the entity (e.g., the entity's legal representative and/or its members and/or workers). In the latter case, information strictly related to the entity (e.g., VAT number) is not considered Personal Data, while other information referring to individuals (e.g., identification data of the legal representative) is Personal Data.

Depending on the Services that You use, we may need to process certain Personal Data. In some cases, specified below, we may have an interest in processing Personal Data for purposes other than the provision of the Services: in these cases, we will process only where there is an appropriate legal basis and, where required by law, on the basis of the Consent of the Data Subject.

The following grid and clauses explain how the Association, as Data Controller, will process Your Data.

Definitions of terms and expressions used within this Privacy Policy are contained in the Glossary below. For anything not expressly defined therein, please refer to the definitions set forth in our general terms and conditions available at [enter the correct link] on the date You read this Privacy Policy. In any case of conflict between definitions, the definitions contained in the Glossary below will prevail for the purposes of the Privacy Policy.

Who are we ('Data Controller')?
Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454 (hereinafter simply referred to as "Association" or " Data Controller").
What are the categories of Data Subjects to whom the Privacy Policy is addressed?
To all categories of Users who are individuals To all for individuals who materially use the Services on behalf of the Users, where the User is a legal entity
What categories of Personal Data do We process?
Browsing Data and Common Data to the minimum extent necessary to achieve each of the Purposes set out below. If you write to us for any query, please do not include any "sensitive" information in the communication texts and description fields of our online forms (sensitive information is considered to be Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data and data concerning a person's health or sex life or sexual orientation).
What is the origin of your Personal Data?
Normally it is you who transmits them to us or another individual who is part of the organization for which you work and authorized for the purpose.
Why do we process Personal Data (Purpose) and what is the Processing (Legal Basis) of each category of Data, and what is the Retention Period?
Purpose	Categories of Personal Data	Legal Basis	Retention Period
Satisfying Your requests regarding the Site and our activities received at the contact details on the Site	Common Data	The need to take pre-contractual measures at Your request (Art. 6.1.b GDPR)	For a maximum of 2 years from Your last request
Providing You with access to Your profile page	Common Data	The need to execute Your request for a service governed by the terms of service or other similar legal text available on the Site on the date of access in question (Art. 6.1.b GDPR)	For a maximum of 2 years Your last request
Enabling You to use the Platform and its Features	Common Data	The need to execute the agreement of purchase and sale (Art. 6.1.b GDPR)	For a maximum of 10 years from the date of Your last access or upon your cancellation request.
Direct marketing communications relating to products or services similar to those You have already purchased from us, sent to the e-mail address You have previously provided to us (“soft spam” or “soft opt-in”)	Common Data	Our legitimate interest in consolidating our business relationship with You (Art. 6.1.f of the GDPR), unless You inform us that You wish to object it	For a maximum of [_] years from the date of Your last purchase
Fulfilling obligations under Applicable Law and/or orders issued by Authorities, based on the need to fulfil legal obligations to which the Data Controller is subject	Common Data	Depending on the case, the need to execute the purchase and sale agreement (Art. 6.1.b GDPR), or the need to fulfil legal obligations from another source (Art. 6.1.c GDPR)	For the time required by these legal and regulatory obligations
Establish, exercise and/or defend a right in court on the basis of the need to pursue that purpose	Common Data	Our legitimate interest in exercising or defending our rights in court (Art. 6.1.f GDPR)	For the duration allowed by the law to to establish, exercise and/or defend the right considered.
Clarification of Maximum Retention Period
Your Personal Data will be processed for the maximum periods indicated above for the respective processing purposes, unless Applicable Law requires us to retain it for a longer period or permits us to do so in order to protect our rights and/or legitimate interests.
To whom do we disclose Data (Recipient Categories)?
To the minimum extent necessary to achieve each of the Purposes, on the basis of Applicable Law and/or a contractual agreement with the Data Controller, to individuals/entities who provide us with services and process Personal Data on our behalf as Data Processors or act as autonomous Data Controllers (e.g. IT providers, shipping and transport, commercial agency, accounting, tax and legal services, etc.); other persons authorised by us (e.g. our workers), committed to confidentiality or subject to a legal obligation to confidentiality; public organisations and authorities, if and to the extent required by Applicable Law or by their orders, or for the exercise, verification and/or defence of a right in court. The Data Controller does not disclose Personal Data, except where such disclosure is required, in accordance with the law, by Authorities, information and security bodies or other public entities for purposes of defence or State security or for the prevention, detection or prosecution of criminal offences.
Do we transfer Personal Data outside the European Union?
Some of our IT service providers are based in countries that may not have equivalent privacy and data protection laws to the country in which You reside. We ensure that when we transfer information of users in the European Economic Area, the United Kingdom or Switzerland, to third countries, the transfer will take place only if there is an adequacy decision or on the basis of the Standard Contractual Clauses (SCCs) provided by the European Commission and other appropriate measures to safeguard the transfer. You can contact us for further information about the transfer of Personal Data outside the above indicated areas. If You do not agree with the above, please do not use our Services.
Does the Site make use of Cookies?
Yes, and you can figure out what happens on this matter by reading our Cookie Policy.
Are you obliged to provide us with Personal Data?
Due to the way the Internet works, you may not refuse to disclose your Browsing Data; you may not refuse to disclose certain Personal Data (such as the IP address of Your device).
What happens if you refuse to disclose your Data?
If you refuse to provide Personal Data for the above contractual or pre-contractual purposes, we will not be able to enter into/perform the contractual relationship or fulfill your request.
What kind of communication will we send you?
Only if you have sent us requests, we will send you communications necessary to respond to your requests. Only if you have registered a user profile, we will send you communications concerning access to your profile page and governance-related matters voted through Platform. Please, note that to interact with its Users, the Association reserves the right to use any service, platform or tool, including but not limited to Discord, Facebook, Typeform.com. For information that the Association requests directly from you through these channels, the Association is the Data Controller and the processing of such information will be done in accordance with this Privacy Policy (and, as the case may be, such third-party providers may act as Data Processors on our behalf). For the use and registration to these channels, however, you are considered a direct User of those services and therefore the operators of those services will process your Data as independent Data Controllers in relation to the Association. Therefore, we recommend that you carefully read the terms of service and privacy policies of such operators.
What rights do You have as a “Data Subject”?
You, as Data Subject, have the right to: access the data held by the Data Controller, and to ask for a copy, unless the exercise of the right violates the rights and freedoms of other natural persons; request the rectification of any incomplete or inaccurate data; request deletion of the data, subject to the exclusions or limitations set out in the Applicable Law (e.g. Art. 17.3 GDPR); request restriction of processing, where the conditions are met and subject to the exclusions set out in Article 18.2 GDPR; lodge a complaint with the Data Protection Authority of the EU Member State where he/she normally resides or works, or of the place where the alleged infringement occurred. Furthermore, you have the following rights: the right to withdraw Your consent to the Processing of Data at any time, where Your consent was the legal basis for the Processing of Data; the right to object, under which you may object, upon simple request, to the Processing of Data that the Data Controller carries out for direct marketing purposes, as well as for reasons related to your particular situation (e.g. if you see a harm to your reputation), unless the Data Controller demonstrates an overriding legitimate interest, and unless the processing is necessary for the establishment, exercise or defence of a legal claim.
Who can you contact with questions or to exercise your rights?
You may contact the Data Controller for questions concerning the processing of your Personal Data and to exercise your rights by sending an email to [e-mail]..

This Privacy Policy is in force from the date indicated in the header. We reserve the right to modify its content, in part or in full. Such updates will be in force from the date of their publication. You are therefore invited to visit this section regularly.

We do not knowingly collect personal information about natural persons who, according to their national law, lack legal capacity to act for the purpose of entering into contracts, except for requests relating to minors made by persons exercising parental authority or custody over the minors concerned. If information on such persons is recorded, We will delete it in a timely manner at the request of the Data Subject or the person exercising parental authority over him or her.

DISTRIBUTED LEDGER TECHNOLOGY DISCLAIMER

The Platform is a means of interacting with the W3M protocol and can be considered the frontend of the W3M protocol, so it has in the backend all the smart contracts that manage all the Features provided on the Platform. The smart contracts reside on the blockchain. The Platform is still based on an indexer that tracks events and populates data on the database managed by the server and sent to the frontend. Therefore by using the Platform, certain Personal Data of Yours will be permanently recorded and publicly visible because such transactions are enabled by a public distributed ledger (e.g. pseudonymised information relating to the Wallets that performed the transactions and information about the transactions).

You can learn more about the distributed ledger that we use for the provision of our Services at the following link: please add the website link

At the present state of the art, there is no technical possibility for us to intervene on the distributed ledger in use (which is not managed by us, nor by one of our providers, but managed in a decentralised manner by multiple nodes scattered around the world and operating among themselves as peers) and to erase or modify such immutable information. Therefore, sometimes we might be unable to completely fulfill some of Your requests pertaining to the Processing of Your Personal Data. For instance if you send us a request for complete erasure of Your Data, we will be able to erase Your user profile, but we will not be able to erase the history of the transactions relating the use of our Platform.

In other words, if you decide to use the Platform, You are consciously deciding to partially waive some of the above-referred rights and data retention limits in the name of transparency, security and public proof of transactions.

GLOSSARY

“Applicable Law”: means any provision, of whatever rank, belonging to Swiss Law or to the law of the European Union when applicable, in whatever way applicable to the Site and to the legal relationships arising as a result of the interactions between the Association and the Users.

“Authorised Agent”: means the natural person, under the direct authority of the Data Controller, who receives instructions from the Data Controller on the Processing of Personal Data, pursuant to and in accordance with Article 29 of the GDPR.

“Authority”: means a body or organisation, public or private, with administrative, judicial, police, disciplinary or supervisory powers.

“Browsing Data”: means the data that the computer systems and software procedures used to operate the Site acquire, during their normal operation, and whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified Data Subjects, but given their very nature, this information could, through processing and association with data by third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users who connect to the Site, URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc..) and other parameters relating to the operating system and computer environment of the user. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning and is deleted immediately after processing.

“Committee” o “EDPB”: means the European Data Protection Board, established by Article 68 of the GDPR and governed by Articles 68 to 76 of the GDPR, which replaces WP29 as of 25/5/2018.

“Common Data”: means the Personal Data concerning Your personal details, including, but not limited to, Your first and last name, e-mail address, telephone number, tax code, VAT number, as Well as any other data You may provide us with, for example through the forms or contact details of our organisation available on the Site.

“Association”: Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454.

“Consent of the Data Subject”: means “any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her” (art. 4, paragraph 11, GDPR).

“Cookie”: means short fragments of text (letters and/or numbers) that allow the Web server to store information on the browser to be reused during the same visit to the Site (session cookies) or afterward, even after days (persistent cookies). Cookies are stored, according to the user’s preferences, by the individual browser on the specific device used (computer, tablet, smartphone). The following categories are considered:

• Technical cookies: these cookies are essential for the correct functioning of the Site and are used for the sole purpose of transmitting a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or User to provide such service.

• Analytical cookies: these cookies are used to anonymously collect and analyse the Site’s traffic and usage. These cookies, while not identifying the user, allow, for example, to detect if the same user logs in again at different times. They also make it possible to monitor the system and improve its performance and usability. The deactivation of such cookies can be performed without any loss of functionality.

• Profiling cookies: these cookies are persistent ones used to (anonymously or otherwise) identify Your preferences and improve Your browsing experience.

• Third party cookies (analytical and/or profiling): these cookies are generated by organisations not part of the Site, but integrated into parts of the Site page. For example, Google widgets (e.g. Google Maps) or social plugins (Facebook, Twitter, LinkedIn, Google+, etc.).

“Data”: one or more of the categories indicated as Personal Data.

“Data Controller”: means "the natural or legal person, public authority, service or other body which alone or jointly with others determines the purposes and means of the processing of personal data", as defined in Article 4, subsection 1, no. 7, of the GDPR.

“Data Processor”: means "a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller", as defined in Article 4, subsection 1(8) of the GDPR.

“Data Subject”: “an "identified or identifiable natural person", as defined in Article 4, subsection 1, no. 1, of the EU Regulation 2016/679 (so-called "GDPR").

“Disclosure”: the making of personal data to unspecified persons, in any form whatsoever, including by making them available or consulting them.

“GDPR”: means the EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

“Limitation”: means the marking of personal data stored with the aim of limiting their processing in the future, as defined in Article 4(1)(3) of the GDPR.

“Privacy Law”: the EU Regulation 2016/679 ("GDPR"), the Swiss Data Protection Act, as well as the decisions made by judicial and regulatory bodies, and further applicable pieces of legislation relating to privacy rights and data protection.

“Privacy Policy”: means this policy on the Processing of Personal Data.

“Profiling”: means "any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of that natural person's professional performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements", as defined in Article 4, subsection 1(4) of the GDPR.

“Personal Data”: means "any information relating to an identified or identifiable natural person (‘data subject’); 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", as defined in Article 4, subsection 1, no. 1, of the GDPR).

“Processing”: means "any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction", as defined by Art. 4, subsection 1, no. 2, of the GDPR.

“Publication”: means the action by which the Data Controller communicates information on the Site, without the implementation of procedures requiring the User to view it.

“Recipient“: means “a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not”, as defined in Article 4, sub-paragraph 1, no. 9, of the GDPR.

“Services”: means the music protocol drop portal (”Drop Portal”) and the services offered by the Association through the Site, including the provision of the Site itself.

“Site”: means the web pages displayed through [please add the link to the Website], including subdomains.

“Supervisory Authority”: the independent public authority established by a European Union state, or by the European Union itself, in charge of supervising the application of the Privacy Law.

“Third Party”: means "the natural or legal person, public authority, service or other body other than the Data Subject, the Data Controller, the Data Processor and the persons authorised to process personal data under the direct authority of the Data Controller or Data Processor", as defined in Article 4, subsection 1, no. 10, of the GDPR.

“User”: means any individual, or legal entity using any of the Services.