TONO is committed to protecting the personal data processed by the organization and thus the privacy of its data subjects. Pursuant to the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR“), TONO is obliged to provide you with information on its processing activities.
TONO acts as the data controller for the personal data it processes about its data subjects. If you have any questions about how TONO processes your personal data or would like to make use of your rights as a data subject, please contact us at:
TONO SA, tel. +47 2205 7200, e-mail: tono@tono.no.
Throughout this policy we use a number of terms that have the following meaning:
I am a TONO-member:
What information we process about you and why
If you are a member of TONO, we may process personal data about you such as your contact details, banking details, information about your artistic works and the use of such works, royalty payment history, performance reports, proxies, exchange certificates, IPI-number, log-in details for “Mitt Tono” and certain other information necessary for administering and fulfilling the affiliation contract with you. This information is either provided by you or obtained from third party sources such as TONO’s sister societies and public agencies/databases which may provide us with information regarding you or your repertoire, and the usage of the latter. The legal basis for the processing is that the processing is necessary in order to fulfil the affiliation contract with you, or to take steps at your request prior to entering into the contract.
If you have applied for a TONO-grant we will process the information you have provided to us in the electronic application form, as well as income statistics we have on you, in order for us to process the application and select the chosen recipients of the grant. The legal basis for the processing is that the processing is necessary in order to fulfil our legitimate interest in distributing the TONO-grants.
We may also process your personal data for the purposes of publishing anonymised sales figures and statistics, in order to provide you with market updates and information from TONO (e.g. newsletters), and otherwise as required in order for us to manage your rights in the most effective manner. This processing is based on our legitimate interests related to the abovementioned purposes, which we deem not to be overridden by your privacy interests. We may also process your personal data to the extent that we have a legal obligation to do so.
Transfer of your data to third parties
In order to be able to fulfil the affiliation contract we have with you, TONO discloses your personal data to its sister societies, organised through CISAC’s (umbrella organisation for collecting societies worldwide) systems, in order for them to be able to represent you on their territory. Further, TONO may disclose your personal data (only name, IPI-number, member number, role in the work and work share) to your co-authors, as well as to our partners such as Nordisk Copyright Bureau (NCB), who licenses mechanical rights (phonograms, CDs, synchronisation rights etc.), and Network of Music Partners (NMP), who carries out back-office services related to the largest online services (Spotify, YouTube, iTunes etc). We also disclose your personal data to our service providers such as ICE International Copyright Enterprise Germany GmbH, who processes personal data on behalf of TONO and thus act as TONO’s data processors.
Further, as appropriate for the administration of your membership, hereunder in connection with application for TONO-grants, TONO may disclose your personal data (only name, IPI-number, member number and role in the work) to other members (copyright holders and music publishers).
If we have a legal obligation to do so, personal data may also be disclosed to public authorities such as the tax authorities.
TONO may transfer your personal data to countries outside the European Economic Area (EEA). This applies inter alia to the exchange of data between TONO and its sister societies who are located world-wide. In case personal data is transferred outside the EEA, TONO will ensure that suitable safeguards are in place to ensure an adequate protection of the personal data.
I am a rightholder who is not a member of TONO
What information we process about you and why
Even though you are not a member of TONO, TONO may process personal data about you which we receive from our sister societies (if you are a member of such a society) or from other right holders, publicly available sources and from you directly. This includes personal data such as your name, contact details, proxies, information on your authorized representative, IPI-number, information about your artistic works and the use of such works, royalty payment history, performance reports, and society affiliation. The information is necessary in order for us to pursue our legitimate interests in fulfilling the reciprocal representation agreement we have with your collecting society, to take steps in order to enter into an affiliation contract with you, or otherwise in order to manage your rights.
Additionally, we may process your personal data for the purposes of publishing anonymised sales figures and statistics, and otherwise as required in order for us to manage your rights in the most effective manner. This processing is based on our legitimate interests related to the abovementioned purposes which we deem not to be overridden by your privacy interests.
Transfer of your data to third parties
In order to manage your rights, TONO may disclose your data to your co-authors, entities that manage TONO’s rights on certain areas such as Nordic Copyright Bureau (NCB), Network of Music Partners (NMP), as well as TONO’s sister societies through the systems of CISAC.
Further, TONO may disclose your personal data to other members, as well as our service providers such as ICE International Copyright Enterprise Germany GmbH, who process personal data on behalf of TONO and thus act as TONO’s data processors. If we have a legal obligation to do so, personal data may also be disclosed to public authorities such as the tax authorities.
TONO may transfer your personal data to countries outside the European Economic Area (EEA). This applies inter alia to the exchange of data between TONO and its sister societies who are located world-wide. In case personal data is transferred outside the EEA, TONO will ensure that suitable safeguards are in place to ensure an adequate protection of the personal data.
I am a customer or a potential customer:
What information we process about you and why
If you are a private customer, sole proprietorship or a contact person at a company/organisation which is a customer of TONO, we may process certain information that is provided by you or the company/organisation in which you work, such as your name, contact details, payment information, information about the use of copyright protected works, licenses, etc. This information is processed in order to administer and follow-up on the customer relationship we have with you or the company/organisation in which you work. The legal basis is either that the processing is necessary in order to fulfil the contract TONO has with you as a private customer or sole proprietorship, or in order to pursue our legitimate interests in fulfilling the contract we have with your company/organisation. We consider that these interests are not incompatible with the safeguarding of your privacy interests.
Additionally, we may use the information in order to publish anonymised sales figures and statistics, which we do based on our legitimate interest which we deem not to be overridden by your privacy interests.
If you are a potential customer, i.e. someone who is using copyright protected works without a current license, we may process certain information about you, including your name, contact details, place of work and information about the use of the works. The information is obtained through publicly available sources such as social media, news articles, as well as music surveillance services, our inspectors and collaborators, etc. We process this information in order to contact you to ensure that you obtain the necessary license from us to make use of the works in question. The legal basis for this processing is that the processing is necessary in order to fulfil our legitimate interests as a collecting society. We consider that these interests are not incompatible with the safeguarding of your privacy interests.
Transfer of your data to third parties
We may transfer your personal data to Gramo, which administers the rights of performing artists and record companies and with whom TONO collaborates regarding use of music at customer premises. Further, your personal data may be disclosed to our service providers who process personal data on behalf of TONO and thus act as TONO’s data processors, as well as to relevant third parties in connection with collection of payment. If we have a legal obligation to do so, personal data may also be disclosed to public authorities such as the tax authorities.
I am a contact person at a sister society, music publisher or another business partner of TONO
What information we process about you and why
If you are an employee/contact person at one of our sister societies, music publishers or other business partners, we may process personal data that we receive from you or the organisation/company to which you are associated, including your name and contact details. We do this in order for us to administer and follow-up on the contractual relationship we have with the organisation/company to which you are associated (e.g. the reciprocal representation agreements). The legal basis for the processing is that the processing is necessary in order to fulfil our legitimate interest in administering and fulfilling the aforementioned contractual relationships. We consider that this interest is not incompatible with the safeguarding of your privacy interests.
Transfer of your data to third parties
To the extent necessary in order for us to carry out our operations, we may transfer contact details pertaining to contact persons at music publishers or sister societies to our members or others such as our sister societies. In case contact details are transferred to our sister societies located outside the EEA, TONO will ensure that suitable safeguards are in place to ensure an adequate protection of the personal data.
In general, certain key information about copyright protected works will be kept without any limitation in time, as the works databases are of importance for an optimal management of your and others’ (including your heirs’) rights under TONO’s mandate. Otherwise, TONO retains your personal data for no longer than is necessary for the purposes for which it was collected.
When deciding relevant retention periods, we will take into account factors including:
Once retention is no longer necessary, we securely delete or anonymise your personal data.
As a data subject you have certain rights that you may make use of in relation to TONO’s processing of your personal data. The various rights are not absolute and each is subject to certain exceptions or qualifications.
If you would like to make use of your rights as a data subject, please contact us at the contact details set forth above.
TONO takes all reasonable precautions to keep your personal data secure and has implemented technical and organizational measures to do so. We also require any third parties that handle or process your personal information for us to do the same.
We hope that we can resolve any query or concern you raise about our use of your personal data.
The GDPR also gives you right to lodge a complaint with a supervisory authority, in particular in the European state where you work, normally live, or where any alleged infringement of data protection laws occurred. The supervisory authority in Norway is Datatilsynet (www.datatilsynet.no). On this website you can find more information about your rights and our duties under the applicable data protection legislation.
This privacy policy may be updated, e.g. to ensure TONO’s continued compliance with the GDPR and applicable local data privacy laws, and to provide our data subjects with up to date information on our processing activities. We recommend you to visit this policy on a regular basis.
Read more about TONO’s use of cookies here. (PS! Norwegian text only – will be translated shortly.)