La société de gestion collective de l’Union des artistes inc.. (hereinafter referred to as Artisti) is a collective management organization that administers the rights conferred on performers by the Copyright Act.
According to the Act respecting the Protection of Personal Information in the Private Sector, as well as the Personal Information Protection and Electronic Documents Act (PIPEDA), which protect your personal information in Quebec and Canada (hereinafter together, the “Law“), ARTISTI is responsible for the personal information of its members that it collects, uses, communicates, retains and destroys as part of its activity. You will find below the information concerning the modalities according to which ARTISTI processes your personal data.
This policy applies to Artisti, including its officers, employees, consultants, and any person who otherwise provides services on behalf of Artisti. It also applies to the Artisti website.
It applies to all types of personal information managed by Artisti, whether information about its members, consultants, employees, or any other person (such as visitors to its websites or otherwise).
Sensitive personal information is information about which there is a high reasonable expectation of privacy, for example: health information, banking information, biometric information, information about sexual orientation, ethnic origin, political opinions, religious or philosophical beliefs, etc.
Generally speaking, a person’s professional or business contact information does not constitute personal information, for example a person’s name, title, address, e-mail address or business telephone number. More specifically and for greater clarity, within the meaning of the Act respecting the protection of personal information in the private sector of Québec, and as of September 22, 2023, sections 3 (collection, use, disclosure), 4 (retention and destruction) and 6 (data security) do not apply to information about an individual relating to the performance of a function in an enterprise, such as the individual’s name, title, function, and the address, e-mail address and telephone number of the individual’s place of work.
These same paragraphs do not apply to personal information that is public by law, once this policy comes into force.
WHAT PERSONAL INFORMATION DO WE COLLECT?
In the course of its activities, Artisti may collect different types of information for different purposes. The types of information Artisti may collect, their use (or purpose) and the means by which the information is collected are set out in Appendix A to this Policy.
In general, if you join Artisti, when you register, and throughout your membership, you provide us with several of your personal information, such as: name, first name, postal address, phone number, email, birthdate, gender, SAN or NEQ number (if applicable), UDA identification number (if applicable), information on your performances, musical group to which you belong, pseudonym, financial information, citizenship, country of tax residence, information on estate (if applicable), name of the entity receiving payments (if applicable) and any other information that you share with ARTISTI as part of your written communications (by mail, e-mail or electronic form) and/or verbal communications by telephone or in person. We are also generating identification numbers such as your SIGART identification number and your IPN number.
If you are an employee of Artisti, a candidate for a position as an employee or director of Artisti, or a consultant to Artisti, we invite you to consult Appendix A to find out what types of information Artisti may collect about you.
At the time of collecting Personal Information, Artisti will also inform individuals of any other information collected, the purposes for which it is being collected and the means of collection, in addition to any other information required to be provided by law.
Artisti applies the following general principles to the collection, use and disclosure of personal information:
As a general rule, Artisti collects Personal Information directly from the person concerned and with his or her consent, unless an exception is provided for by law. In cases where its members have given a power of attorney to a third party (agent, manager, etc.), the information may be collected from them.
Consent may be obtained implicitly in certain situations, for example, when an individual decides to provide his or her personal information after having been informed by this policy of the use that will be made of it and its disclosure for the purposes indicated herein (see Appendix A for more details). Thus, this Policy and the information it contains will be available to the person concerned at the time the personal information is collected.
Artisti will also normally obtain the consent of the individual concerned before collecting his or her Personal Information from third parties, before disclosing it to third parties or for any secondary use thereof. However, Artisti may act without consent in certain cases provided for by law and under the conditions set out in the law. The main situations in which Artisti may act without consent are indicated in the relevant sections of this policy.
In all cases, Artisti will only collect information if it has a valid reason to do so. In addition, collection will be limited to that which is necessary to fulfill the purpose for which it is collected.
Collection from minors: When Artisti collects Personal Information from a minor under the age of 14, the information may not be collected from the minor without the consent of a parent or guardian. In cases where the minor is 14 years of age or older, his consent may be given insofar as it is obtained in connection with the minor’s employment or the practice of his or her art or profession.
Collection from Third Parties. Artisti may collect Personal Information from third parties. Unless otherwise permitted by law, Artisti will seek the consent of the individual before collecting personal information about him or her from a third party. In the event that such information is not collected directly from the individual, but from another organization, the individual may request the source of the information collected from Artisti.
Otherwise, Artisti may also collect personal information from third parties, without the consent of the person concerned, if it has a serious and legitimate interest in doing so and a) if the collection is in the interest of the person and it is not possible to collect it from him or her in a timely manner, or b) if such collection is necessary to ensure that the information is accurate.
FOR WHAT PURPOSES DO WE COLLECT YOUR PERSONAL INFORMATION?
Artisti may use an individual’s personal information only for the purposes identified herein or for any other purposes provided at the time of collection. If Artisti wishes to use such information for any other reason or purpose, new consent must be obtained from the person concerned, which must be obtained expressly if the personal information is sensitive. However, in certain cases provided for by law, Artisti may use personal information for secondary purposes without the individual’s consent:
Limited access. Artisti shall implement measures to limit access to Personal Information to those employees and individuals within Artisti’s organization who have a right to know the information and for whom the information is necessary to perform their duties. Artisti will seek the consent of the individual before granting access to any other person.
If you are a member of Artisti, we are collecting your personal information in order to:
If you are an employee of Artisti, a candidate for a position as an employee or director of Artisti, or a consultant, we invite you to consult Appendix A to find out for what purposes Artisti collects your personal data.
Internally, the ARTISTI team has access to your personal data, in order to enable it to perform ARTISTI’s missions of collecting and distributing your royalties. In this context, and as an Artisti member your personal data may also be sent to the following recipients:
Public bodies, where required by law.
To our subcontractors, service providers and consultants, in particular for: hosting, maintenance, our IT infrastructure, sending of our newsletters, payment notices, surveys and other mass communications and issuing royalty payments and tax statements.
To our partners with whom we are likely to work to perform our services, and in particular with (the following list not being exhaustive) :
These communications do not require your consent. We make sure that all the recipients of your personal data comply with adequate security and confidentiality measures.
Thus, for communications to Artisti’s subcontractors, service providers, consultants and partners, Artisti must enter into written agreements that specify: the measures they must take to ensure the confidentiality of the personal information communicated; that the information will be used only to perform the tasks entrusted to them; and that they may not retain the information after it has expired. In addition, such agreements shall provide that subcontractors, service providers, consultants and partners shall notify Artisti’s Privacy Officer (as identified in this Policy) of any breach or attempted breach of confidentiality obligations with respect to Personal Information disclosed and shall permit such Privacy Officer to conduct any audit relating to such confidentiality.
To the extent that a disclosure of personal information requiring your consent is required, Artisti will ensure that such consent is obtained.
Please be aware that your personal data will never be disclosed to third parties for commercial or advertising purposes.
Your personal data is kept and stored on servers located in Canada.
In the course of providing our services, your data may be transferred to servers located in foreign countries and may therefore be subject to foreign regulations and transmitted to foreign authorities on the basis of these regulations.
Cookies. Cookies are files that make it possible to record visits of a web user on a website. We only use technical cookies when you browse our website to make it easier and perform certain functions. A technical cookie can, for example, be used to remember your responses entered in a form or your preferences regarding the language or presentation of an application, when such options are available.
You can install a browser add-on to disable Google Analytics.
Web forms. Artisti also collects personal information through Web forms integrated into its website (for example, its contact form, its pre-registration form, its newsletter subscription form, etc.).
Survey Monkey: Artisti may also collect Personal Information in connection with surveys or questionnaires available online through the Survey Monkey platform.
If Artisti collects Personal Information by offering a technological product or service that has privacy settings, Artisti must ensure that these settings provide the highest level of privacy by default (cookies are not covered).
We have taken reasonable organizational and technical measures to preserve the integrity, security and confidentiality of your personal data, and in particular the establishment of access to databases by authentication, the limitation of access to our offices and the securing of physical storage locations.
However, no method of transmission over the Internet, nor any means of electronic storage, is 100% secure. We therefore cannot ensure or warrant the security of any information you transmit or provide to us, and you do so at your own risk. Nor can we guarantee that such information will not be accessed, obtained, disclosed, modified, or destroyed as a result of a breach of our physical, technical or administrative safeguards. If you have reason to believe that personal information has been compromised, please contact us as indicated in the “Contact details” section. In the event of a privacy incident involving your personal information, we will notify you as soon as possible after we become aware of the incident. We will take reasonable steps to minimize the risk of harm and to prevent similar incidents in the future.
Generally speaking, Artisti is responsible for protecting the personal information it holds.
Artisti’s Privacy Officer is the organization’s Executive Director. In general, she is responsible for ensuring compliance with applicable legislation concerning the protection of personal information. The Privacy Officer must approve the policies and practices governing the governance of personal information. More specifically, this person is responsible for implementing this policy and ensuring that it is known, understood and applied. In the event that the Privacy Officer is absent or unable to act, Artisti’s Operations Manager will assume the duties of the Privacy Officer.
Artisti employees who have access to personal information or are otherwise involved in the management of such information must ensure its protection and comply with this policy.
The roles and responsibilities of Artisti’s employees throughout the life cycle of Personal Information may be specified by any other Artisti policy in this regard, if applicable.
We keep your personal information for as long as necessary to enable us to provide our services to you, as well as to process royalties relating to sound recordings in which you have participated, or as long as it is required by law.
Conservation after your membership ends: Your Personal Information may be kept by Artisti even after your membership with us has ended, for example, to allow for the payment of royalties claimed during your membership but received by Artisti after your membership has ended or the payment of close-out royalties for a royalty year linked to the initial royalties Artisti administered for you. In addition, Artisti will retain your Personal Information for the limitation period following the close-out royalty payment in relation to a royalty year.
Artisti will also keep your Personal Information for as long as required by law.
At the end of the conservation period or when the Personal Information is no longer required, Artisti will either:
The destruction of information by Artisti must be done in a secure manner to ensure the protection of such information.
Under certain circumstances and in accordance with applicable data protection laws, you have the following rights with respect to your personal data:
Subject to applicable legal and contractual restrictions, individuals may withdraw their consent to the disclosure or use of the information collected.
To exercise these rights or to make a complaint regarding the application of this policy or Artisti’s protection of your personal data, you must do so in writing to Artisti’s Privacy Officer at the address indicated under “Contact details” below. In that respect, you will have to establish your identity and in which capacity you act and to respect the conditions of implementation of the Law. Delays for responding to your requests are those prescribed by the Law.
Artisti’s Privacy Officer must respond to such requests in writing within 30 days of receipt of the request. Reasons must be given for any refusal, together with the legal provision justifying the refusal. In such cases, the response must indicate the remedies available under the law and the deadline for exercising them. If necessary, the person in charge should help the applicant understand the refusal.
Finally, it is also possible to lodge a complaint with a data protection supervisory authority, more specifically in the country, province or state in which you normally reside (in Quebec, the Commission d’accès à l’information), in which we are located or in which an alleged breach of the law has occurred. However, Artisti invites any interested party to first contact its Privacy Officer and wait for Artisti to complete its processing.
Société de gestion collective de l’Union des artistes inc. (ARTISTI)
5445, avenue De Gaspé, bureau 1005, Montréal (Québec) H2T 3B2, Canada
Email : amorin[at]artisti.ca