Professional Documents
Culture Documents
These terms of service (the “Promotion T&Cs”) govern your use of Backstage Promotion (the “Services”)
and provide you with information about the Services, as described hereafter. By using the Services, you
accept these Promotion T&Cs.
The Services are provided by Believe. Therefore, the Promotion T&Cs form an agreement between you
and Believe. By creating an account or using the Services, you agree to these T&Cs.
These Promotion T&Cs complement the Backstage General Terms and Conditions. In the event of any
incompatibility between the provisions of the Promotion T&Cs and the Backstage General Terms and
Conditions, the Promotion T&Cs prevail.
Use of the Services is forbidden to minors or persons whose previous account has been deactivated for
breach of the law or of the Promotion T&Cs.
2. Services Description
The Services are composed of various tools and services that can vary from time to time, including at the
date of these Promotion T&Cs :
• Creatives: an online tool allowing Users to create content to promote their musical works digitally,
especially on social medias. It allows notably to:
o Create images and videos based on content uploaded on Backstage and associated
information (release title, artist, audio, cover, etc.) for publication on social medias;
o Use effects and other tools to personalize these creations;
o Upload these creations;
o Save uploaded content and creations in the User’s Backstage account.
The images, videos or other media produced by use of the Creatives service are referred to as the
“Creatives”.
• Links: an online tool that allows Users to design promotional links (“Links”) to create calls to
actions for fans, such as pre-registration for music distributed on partner platforms to listen to it
upon release, adding some music to a playlist. As part of the pre-registration phase, fans personal
data (names, email, phone number) can be collected and fans can then (if they wish) be notified
by email on release day and/or sign-up to the artist’s future communications. These Links include
content over which the Producer has intellectual property rights (photos, album visuals, sound
recordings, etc.) (the "Content").
• Fans: an online tool that allows Users to export and delete fans data collected with Links, to use
in emailing and messaging tools.
• Players: an online tool that allow Users to manage their online music players, to embed in external
websites. Player statistics allow them to monitor views, plays, links and shared players over a
period.
• Artist Resources: a collection of articles about music and Marketing, written by Believe experts.
• Certification Program: an online tool to train and test Users on music and Marketing subjects .
• Use the Services only for the promotion of music recordings distributed by Believe or one of its
Affiliates on your Behalf, or on behalf of the artist/Producer you represent (the “Recordings”). As a
result, you cannot create Creatives or Links for others for a fee or consideration, let other people
access the Services, nor use it to promote recordings that are not subject to a Producer contract
with Believe, or to promote another artist than You or the one you represent;
• Only use Content in your Creatives or Links for which you have full and required rights of usage,
adaptation, reproduction and representation;
• Comply with, under your full liability, all regulations applicable to the operations that you perform.
Please note, in particular: Backstage Links is not configured to help you launch contests. We advise
against this use, which would then be under your exclusive liability, especially with respect to
compliance with your legal obligations.
• Use the Services in any illegal, misleading or fraudulent way, nor act for any illegal or forbidden
purpose;
• Insert in Creatives or Links any content defamatory, and/or inciting hatred, and/or likely to cause
public disorder;
• Act in any manner interfering with the running of the Services, or detrimental to said Services.
Services provision requires the collection and use of Users information. The Privacy Policy explains how
we collect, use and share information in the context of your use of the Services. It also presents the various
ways for Users to control their information and exercise their privacy rights.
By using Backstage Links and Fans, you mandate us to provide you with an IT service involving the
collection and processing of personal data under the conditions set forth in the Personal Data Processing
Agreement below. You act as Data Controller and Believe as Data Processor.
5. Intellectual Property
Producer User’s Creatives and Links are the property of the Producer and Believe cannot claim any right
upon them.
If part of the Content is protected by intellectual property rights owned by Believe, and that we make it
available in the Services (for instance filters, images, drawings, videos or sounds that we provide and that
Users add to the Creations), we retain every right relating to our protected Content (but not to the
Creatives or Links).
If you use Content protected by intellectual property rights owned by a third party and made available in
the Services (for instance images, drawings, videos or sounds that you find in a dedicated library available
from the Services, and that you add to the content you create or share), this use is governed by the terms
and conditions of this third party, with whom you form a separate agreement.
You represent and warrant that you own every right required for the creation and use of the Creatives or
Links, and that you have acquitted yourself, and will do so in the future, in due time, of any amount payable
to any rights owner relating to the Creatives or Links, and to any content included in the Creatives or Links.
You represent and warrant that your Creatives or Links are free of any content in breach of applicable law
or regulation and/or infringing third party rights.
You warrant that the Creatives or Links do not include any content defamatory of inciting hatred, and/or
likely to cause public disorder, and/or likely to give rise to claims or actions based on copycat, counterfeits,
infringement of IP rights, unfair competition, or tort.
You will hold Believe harmless from any third-party claim relating to the creation and use of the Creatives
or Links, and from any damages, loss of profit or costs (including reasonable legal costs), linked with the
breach of any of your duties or warranties hereunder.
7. Third Parties
We may propose solutions from third parties, in which case we will put it to your attention. These solutions
will be governed by the terms and conditions of this third party, with whom you form a separate
agreement.
8.1 We can delete Creatives or Links hosted on the Services if we consider that you breached the
Promotion T&Cs, or if we are required by law to do so.
8.2 We can refuse to provide, or stop providing you all or part of the Services (including suppression
of your account), without notice:
8.3 If we delete your account, you will be informed. If you consider that your account was deleted by
mistake, you can contact us by filling in this form.
8.4 You can delete your account permanently at any time in the « My Account »tab.
8.5 If your account is deleted, by you or by us, you will no longer be allowed to make new Creatives or
Links. However, you can access your account for 3 months to download your existing Creatives
and data. After this time, you will no longer be allowed to access your account, and all data relating
to your use of the Services, including your Creatives or Links, can be permanently deleted.
9. Liability
8.1 You use the Services under your sole responsibility. Believe cannot be considered as providing
you with any legal advice, and it is your responsibility to ensure that your operations comply with
the applicable regulations by consulting a legal advisor.
8.2 Backstage Links. We offer you a model informational notice relating to personal data (the "Privacy
Notice"), and a format to obtain the consent of your fans for the collection of their contact data for the
purpose of creating a marketing database based on the requirements of the General Data Protection
Regulation of the European Parliament and of the Council of 27 April 2016 (no. 2016/679). It is your
responsibility to complete the required fields exhaustively and exactly to complete the Links and ensure
that the Backstage Links service is suitable for the campaign that you wish to launch.
We cannot guarantee that the use of Backstage Links will automatically imply compliance with all of the
rules and regulations applicable to the campaign that you wish to launch in all of your targeted territories.
8.3 Creatives. You are and remain under all circumstance owner and responsible for your Creatives and
their use. Believe can in no way be held liable in this regard, by you, by any right owner for all or parts of
the Creatives, or by any third party or authority.
8.4 Players. This tool is a legacy tool, no longer maintained by Believe. Therefore, Believe provides no
warranty whatsoever regarding its functioning, nor that it will remain available for any period of time.
8.5 Services incident. We do our best to provide you with safe and error-free Services. However, we
cannot represent that the Services will always run without interruption, delay or imperfection. Provided
we used reasonable attention and experience, we will not be held liable for any damage: (i) not caused by
our breach of these Promotion T&Cs; (ii) that neither you nor us could have reasonably foreseen at the
moment the present Promotion T&Cs were accepted; (iii) caused by third parties; or (iv) caused by events
outside our control.
10. Disputes
Any claim, cause of action or dispute that arise out of or relates to the use of the Services shall be governed
by the same law, and subject to the same jurisdictions as the distribution agreement between the
Producer User and Believe.
You accept that we might upload and install Services updates on your device.
Our Services might evolve, and we might need to update our Promotion T&Cs. We will inform you (in our
Services for instance), at least 30 days before we update our Promotion T&Cs and will give you the
opportunity to review them before they come into effect, unless the changes are required by law. You will
then be bound by the updated Promotion T&Cs if you keep on using the Services. If you do not wish to
accept this update, you can delete your account.
We might also shut down part of all the Services, at our discretion, and we give no warranty that we will
keep the Services running for any given period. However, should we decide such shut down, we will make
our best effort to give you sufficient prior notice to enable you to retrieve all Content, Creatives and
relating data.
Believe is a French Société Anonyme registered under the number 481 625 853, with offices 24, rue
Toulouse Lautrec 75017 Paris – France.
You can contact Believe by phone at (+33) 01 53 09 34 00, or by filling in this form.
If you decide to use Backstage Links, you ask us (Believe SA) to process, on your behalf, the contact
information of your fans who wish to subscribe to your newsletter.
Pursuant to privacy laws, particularly the General Data Protection Regulation of 27 April 2016, you then
have the obligation to enter into a data processing agreement with us. This is the subject of this document
("the Agreement").
1) Definitions:
The terms appearing with a capital letter have the definition below, or the one assigned to them in the
Promotion T&Cs.
Standard Clauses means the standard contractual clauses adopted by the European Commission for the
transfer of Personal Data to service providers established outside of the European Economic Area (the
"EEA").
Contract means the distribution contract entered into between you and Believe or one of its Affiliated
companies, as well as the Backstage General Terms and Conditions of Use and the BL Special Terms and
Conditions. The Agreement takes precedence over the Contract as concerns its scope of application.
Artist Data means (i) the data that you provide us for the use of Backstage Links, and in particular the
Personal Data included in the Content, as well as (ii) the data collected, used, generated, processed or
hosted in connection with the use of Backstage Links by Believe or its Affiliated companies. Such data may
include Personal Data.
Personal Data means any information relating to an identified or identifiable natural person (the "Data
Subject"), namely, a person who can be identified, directly, particularly, by last name, first name or email
or indirectly, particularly, by an identifier, an identification number, location data, an online identifier, or
one or more specific elements.
Fans refers to internet users who view and interact with the Links.
Privacy Laws means the following laws, as well as any amendment or law replacing them, (a) the Law No.
78-17 of 6 January 1978 relating to Information Technology, Files and Civil Liberties; (b) the General Data
Protection Regulation (2016/679) (the "GDPR"), (c) any other applicable national laws or regulations
relating to privacy and/or data security and relating to processing, as defined below.
Personal Data Breach means (i) any suspected breach of security resulting in the accidental or unlawful
loss, destruction, alteration or unauthorised disclosure of processed Personal Data, or unauthorised
access to such data; or (ii) any act or omission compromising the security, confidentiality or integrity of
Artist Data or the security measures implemented by Believe or its Sub-processors to protect the Artist
Data.
Site means the website from which Backstage Links is accessible, at the address http://backstage-
marketing.com/links
Sub-processor means any person (including any third party and any Believe Affiliate, excluding its
employees) authorised by Believe to process Personal Data on your behalf in connection with Backstage
Links.
The terms "Process" or "Processing", "Commission", "Data Controller ", "Member state" and
"Supervisory Authority" have the same meaning as given to them in the GDPR, and related expressions
should be interpreted in the same manner.
2) Context
You act as Data Controller within the meaning of the GDPR, which means that you determine the purposes
and means of the processing, and that you use the Personal Data on your behalf.
We act as a Data Processor within the meaning of the GDPR, which means that we process the Personal
Data contained in the Artist Data only on your behalf and in accordance with your written instructions, as
described in this Agreement.
• Name and contact information of the Data Protection Officer of the Service Provider:
dpo@believe.com
• Duration of the Agreement and the Processing: As long as you use Backstage Links.
4) Compliance with Privacy Laws
i. Believe acknowledges, on its own behalf and on behalf of its Sub-processors, that all of the Artist
Data belongs to you, and that Believe has no right to this data and must under no circumstances
Process, store or use it in any manner whatsoever for any independent or secondary use not
expressly authorised by the Contract.
ii. Believe processes Personal Data on your behalf, and as such, complies and ensures that all of its
Sub-processors comply with the obligations arising from Privacy Laws.
5) Obligations of Believe:
Believe undertakes, on its own behalf and on behalf of its Sub-processors, to:
i. process Artist Data in accordance with your documented instructions, including with regard to
transfers of Personal Data to a third country or to an international organisation, unless we are
required to Process such Personal Data under Privacy Laws or French law. If such an obligation is
imposed on us, we will notify you prior to Processing (unless the relevant law prohibits such
information for public interest purposes);
ii. notify you immediately if, in our opinion, the instructions may constitute a violation of Privacy
Laws;
iii. guarantee the confidentiality of the Processed Artist Data and not disclose it to third parties
without your prior express consent, unless required by a law to which we are subject, in which
case we will notify you before disclosing the Artist Data unless the relevant law prohibits the
disclosure of such information;
iv. ensure that persons authorised to process the Personal Data undertake to preserve the
confidentiality or are subject to an appropriate confidentiality legal obligation;
v. limit access to Artist Data to those who need it for the strict purposes of the Contract;
vi. take into account, with regard to its products or services, the principles of data protection by
design and data protection by default;
vii. cooperate with you to enable you to meet your obligations under Privacy Laws, including
conducting security audits and providing reasonable assistance in the performance of impact
analyses relating to the protection of Personal Data, and in the context of prior consultations with
supervisory authorities or any other competent authority required by local Privacy Law;
viii. provide upon request any information necessary to demonstrate compliance with Article 28 of the
GDPR and enable audits to be performed and contribute to them, including inspections by you or
by an auditor appointed by you, subject to the signature of a Non Disclose Agreement and that
this auditor does not have a proven link to a company competing with Believe (whose business
activity even partially includes the distribution of musical content, the development of musical
artists and/or music production). Believe will be informed 15 days prior to the planned date of the
audit, which must be held on a working day between 9 a.m.-5 p.m. In the event that the audit
reveals a failure to comply with the Agreement, we will work together to define a remediation plan
for this non-compliance.
6) Your obligations
You undertake to:
i. provide us with the data referred to in point 3;
ii. provide any information and obtain any consent necessary prior to the collection of Personal Data;
iii. document in writing any instructions regarding the processing of Artist Data by Believe.
8) Sub-processing
The list of Sub-processors that Believe may use for the processing of Personal Data is available upon
request. By accessing Backstage Links, you authorise the use of these Sub-processors.
If a new Sub-processor is added, you will have 30 days to request any additional information and, if you
do not wish to accept this Sub-processor, interrupt your access to the Service. After this period, Believe
will consider that you have accepted the new Sub-processor.
i) With respect to each of the Sub-processors, Believe is required to:
a. prior to any Processing of Artist Data by the Sub-processor, perform the appropriate
verifications to ensure that the Sub-processor provides sufficient guarantees with respect
to the implementation of the appropriate technical and organisational measures so that
the Processing satisfies GDPR requirements and complies with the Agreement;
b. ensure by contract or other legal instrument under the law of the European Union or a
Member State, compliance by the Sub-processor of Privacy Laws and the Agreement, and
the processing of Artist Data on your behalf and according to your instructions.
ii) In the event that a Sub-processor fails to comply with its obligations with respect to the protection
of Artist Data, Privacy Laws or the terms and conditions of the Agreement, Believe will remain
liable to you.
In the event of a Personal Data Breach, we will not notify any third party until we have contacted you,
unless such notification is required by applicable law, in which case, to the fullest extent permitted by such
law, we will notify you of this legal requirement and provide a copy of the proposed notification.