Privacy Policy

Effective as of 14 March 2019


  1. Introduction
  2. About this Policy
  3. Your rights and your preferences: Giving you choice and control
  4. How do we collect your personal data?
  5. What personal data do we collect from you?
  6. What do we use your personal data for?
  7. Sharing your personal data
  8. Data retention and deletion
  9. Transfer to other countries
  10. Links
  11. Keeping your data safe
  12. Children
  13. Changes to this Privacy Policy
  14. How to contact us

1. Introduction

Thank you for using the Penguin Community 

At the Penguin Community, we want to give you the best possible experience to ensure that you enjoy our service. To do this we need to understand your habits on our platform so we can deliver an exceptional and personalized service specifically for you. That said, your privacy and the security of your personal data is of great importance to us. So, we want to transparently explain how and why we gather, store, share and use your personal data – as well as outline the controls and choices you have around when and how you choose to share your personal data.

That is our objective and this Privacy Policy will explain exactly what we mean in further detail below.


2. About this Policy

This Policy sets out the essential details relating to your personal data relationship with the Penguin Community. The Policy applies to all Penguin Services. The terms governing your use of the Penguin Service are defined in our Terms and Conditions. From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

  1. Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
  2. Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Penguin Service; and
  3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see the ‘How to Contact Us’ Section 14 below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the Penguin Service.


3. Your rights and preferences

You may be aware that a new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Settings to help users take advantage of those rights. As available and except as limited under the applicable law, the rights afforded to individuals are:

  • Right of Access – the right to be informed of and request access to the personal data we process about you;
  • Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to Erasure – the right to request that we delete your personal data;
  • Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to Object –
    • the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
    • the right to object to your personal data being processed for direct marketing purposes;
  • Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to exercise these rights with ease and to record your preferences in relation to how Penguin Artists uses your personal data, we provide you with access to your settings via your Account Settings page:

If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from us (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).

If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer using our  contact address on our website. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with your local Data Protection Authority.


4. How do we collect your personal data?

We collect your personal data in the following ways:

  1. When you sign up for Penguin Artists – when you sign up to Penguin Artists, we collect certain personal data so you can use the Penguin Community such as your email address, birth date, gender, and country.
  2. Through your use of a Penguin Service – when you use a Penguin Service, we collect personal data about your use of the Penguin Community, such as the activity of your artist page. Note that no data is being saved from inviting band members.
  3. Personal data collected that enables us to provide you with additional features/functionality – from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data e.g. to provide you with more features or functionality. 
  4. From third parties – we will receive personal data about you and your activity from third parties, including advertisers and partners we work with in order to provide you with the best experience. We will use this personal data either where you have provided your consent to the third party or to any of the Penguin Services. 

We use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving all possible Penguin services, and developing new features and functionality within all Penguin services


5.What personal data do we collect?

We have set out in the tables below the categories of personal data we collect and use about you:

Personal data collected when you sign up for the Penguin Community

Categories of personal data Description of category
Account Registration Data This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Penguin Artists. This includes your email address, birth date and country. 

The exact personal data we will collect depends on the type of Penguin Services plan you sign up for and whether or not you use a Third Party Service to sign up. If you use a Third Party Service to create an account, we will receive personal data via that Third Party Service but only when you have consented to that Third Party Service sharing your personal data with us.


Personal data collected through your use of Penguin Artists

Categories of personal data Description of category
Penguin Service Usage Data This is the personal data that is collected about you when you are using a Penguin Service – this may include:

  • Information about your type of account.
  • Information about your interactions with the Penguin Community which includes the date and time of any requests you make, artist you follow and your interactions with other users. This also may include details of your use of Third Party  Applications and advertising you receive.
  • Technical Data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Penguin service, unique device IDs, device attributes.


Personal data collected with your permission that enables us to provide you with additional features/functionality

Categories of personal data Description of category
Voluntary Mobile Data In addition to the mobile data we collect to provide you with your Penguin service, you also have the option to give us your consent to collect additional personal data from your mobile device to provide you with features/functionality that will enhance your Penguin Service experience.

We will not access any of the personal data listed below without first obtaining your consent:

  • Your photos – If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll;
  • Your precise mobile device location – If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the Penguin Service. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements;
  • Your voice data – If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the Penguin Service with your voice. Please note you will always have the ability to turn off the microphone feature; and,
  • Your contacts – If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use Spotify.
Payment Data We may collect such personal data if you sign up for a Trial or purchase any of our Paid Subscriptions  or make other purchases through a Penguin service. The exact personal data collected will vary depending on the payment method but will include information such as:

  • Name;
  • Date of birth;
  • Credit card type, expiration date, and certain digits of your card number;
  • Mobile phone number; and
  • Details of your transaction history.

If you choose to pay by invoice, we will provide your personal data to our payment processors to enable them to complete a credit check and to send you invoices.

Contests, Surveys and Sweepstakes Data This personal data is used to allow you to sign up and participate in these types of promotions. The exact personal data collected will vary depending on the promotion.
Marketing Data This personal data is used to enable us and our partners / service providers to send you marketing communications either:

  • Via email;
  • Whilst using a Penguin service; and/or
  • Direct from the third party.


6. What do we use your personal data for?

When you use or interact with a Penguin service, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data used for these purposes:

Description of why Penguin Artists processes your personal data (‘processing purpose’) Legal Basis for the processing purpose Categories of personal data used for the processing purpose
To provide, personalize, and improve your experience with a Penguin service and other services and products provided by Penguin Artists, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Penguin Community (including for third party products and services).
  • Performance of a Contract
  • Legitimate Interest
  • Account Registration Data
  • Service Usage Data
To understand how you access and use the Penguin Community to ensure technical functionality of the platform, develop new products and services, and analyse your use of different Penguin Services, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Penguin Community.
  • Performance of a Contract
  • Legitimate Interest
  • Account Registration Data
  • Service Usage Data
To communicate with you for service-related purposes.
  • Performance of a Contract
  • Legitimate Interest
  • Account Registration Data
  • Service Usage Data
To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the Penguin Community or Penguin Services
  • Performance of a Contract
  • Compliance with legal obligations
  • Legitimate Interest
  • Payment Data
To communicate with you, either directly or through one of our partners, for:

  • marketing,
  • research,
  • participation in contests, surveys and sweepstakes,
  • promotional purposes,

via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.

  • Consent
  • Legitimate Interest
  • Contests, Surveys and Sweepstakes Data
  • Marketing Data
To provide you with features, information, advertising, or other content which is based on your specific location.
  • Consent
  • Voluntary Mobile Data


7. Sharing your personal data

We have set out the categories of recipients of the personal data collected or generated through your use of the Penguin Community.

Publicly available information

The following personal data will always be publicly available on Penguin Artists: your name and/or username, profile picture, who you follow and who follows you on Penguin Artists,.


8. Data retention and deletion

We keep your personal data only as long as necessary to provide you with a Penguin service and for legitimate and essential business purposes, such as maintaining the performance of the Penguin Community, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of a Penguin service.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

  • If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
  • Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
  • Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

9. Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the Penguin Artist’s environment and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

10. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used Penguin Artists or other Penguin services.


11. Children

The Penguin Service is not directed to children under the age of 13 years. However, in some countries, stricter age limits may apply under local law.

We do not knowingly collect personal data from children under 13 years or under the applicable age limit. If you are under the Age Limit, please do not use the Penguin Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to a Penguin service please contact us by sending an email to and you may request exercise of your applicable rights detailed.

If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the account for that child.


12. Changes to this Privacy Policy

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within a Penguin service or by sending you an email. We may notify you in advance.

Please, therefore, make sure you read any such notice carefully.


14. How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact our Data Protection Officer by using the ‘Contact Us’ form, sending an email to or by writing to us at the following address:


Stichting Pinguinradio

Energiestraat 11B

1411 AP Naarden

The Netherlands