Updated: March 2024
Your privacy is important to us. This Notice and Privacy Policy sets out how we collect, process and share the information related to you (“Personal Data") provided when signing up and using “sesh” (also referred to as the “app” or “application”), as well as the rights that you can exercise under applicable laws.
This Privacy Policy is incorporated by reference to sesh Terms of Condition and Use. In order for you to get an account in sesh and use all its functionality, you must have fully accepted both sesh Terms of Condition and Use and this Privacy Policy.
Who is responsible for the processing of Personal Data?
How we collect, use and share your data
Who has access to your information and to whom is it disclosed?
How we transfer Personal Data internationally
Your U.S. State Laws privacy rights
Changes and updates to this privacy policy
A data controller determines the purposes for which and the means by which your Personal Data is processed.
When you sign up in the app, and as long as you do not join a Community, the data controller is COLKIE TECHNOLOGY S.L., with CIF B05387345 and registered office at Calle General Asensio Cabanillas 27, 28003 - Madrid ("COLKIE", “we”, “us” or “our”).
When you join a sesh Community, that Community’s featured Artist and his or her affiliated companies are the “Owner of the Community.” When you join a Community, COLKIE and the Owner of the Community act as joint controllers. In accordance with the applicable GDPR legislation, COLKIE signs a joint controller’s agreement with the Owner of the Community to delimit joint controllers’ respective responsibilities in the processing of your Personal Data.
You can access the list of all Owners of Communities who are either natural or legal persons acting as joint controllers in sesh, the essential aspects of joint controllers' agreements signed by COLKIE, and a link to the individual Owner of the Community’s privacy policy here.
You may contact COLKIE at privacy@joinsesh.app if you have any questions or comments about the identity of the Owner of your Community, or if you wish to exercise any of your rights as described in section “Your rights under GDPR” or “Your U.S. State Laws privacy rights” below.
The Owner of the Community may solicitate your consent to conduct further processing activities within sesh. With respect to such processing activities, COLKIE and the Owner of the Community are independent data controllers. Please review the Owner of the Community's Privacy Policy before providing any consent. You can access the list of Owners of the Communities and their individual privacy policies by clicking here.
COLKIE and, eventually the Owner of the Community you joined, will collect, use and share your data for the following purposes:
When you request to sign up in sesh, COLKIE will require you to provide personal information to set up your account and to verify your identity. Once your account is created, we will enable you to explore the different Communities, change your username and add a picture to your profile. We will also enable you to request access to the Community of your favorite artist. The categories of Personal Data that we collect and process for this purpose are username, image, telephone number and country.
Some fields of the sign-up process are mandatory, as we need that data to set up your account in the app and grant you access to its functionalities. If you choose not to provide some of this information, you may not be able to complete your registration as a user or you may not be able to enjoy some services or functionalities within the app.
The legal basis for this processing of Personal Data is the performance of the contract entered into the parties, as described in sesh Terms of Condition and Use.
You can voluntarily request us to join the Community of your favorite artist at any time. Communities are virtual spaces of our app in which you can interact with other fans, share your own content and participate in virtual events such as Sessions. The categories of Personal Data that COLKIE collects and processes for the purpose of providing you these services are your username, your image, your geographic location, as well as the content that you may decide to post or share with other users through our camera feature or gallery settings, or through our voice feature.
The legal basis for this processing of Personal Data is the performance of the contract entered into the parties.
Please note that, with respect to this processing activities, COLKIE and the Owner of the Community act as joint controllers. You can access the list of the Owners of the Communities and their individual privacy policies by clicking here.
We record the number of interactions within the Community and award you with points which allow you to access to exclusive content and other rewards. The categories of Personal Data that we process for this purpose are your sesh usage data, that is your interactions with sesh. We may also need to collect and process, to deliver to you the reward, name, surname, telephone number, address and email address.
The legal basis for such processing of Personal Data is the performance of the contract entered into the parties.
Please note that, with respect to this processing activities, COLKIE and the Owner of the Community will act as joint controllers. You can access the list of the Owners of the Communities and their individual privacy policies by clicking here.
For you to participate in Streaming Parties organized by the Artist and Owner of the Community, you will be required to connect the account you own on sesh to the account you own on external music streaming platforms. Such connection will allow us to collect personal information related to you, such as your streaming history, on that external music streaming platform and process it in sesh according to this privacy policy.
In the case of Spotify, such data includes your Spotify username, image, list of followers and streaming history (list of last 50 songs reproduced).
The legal basis for this processing of Personal Data is your freely given consent. You can withdraw your consent at any time.
With respect to this processing activities, COLKIE and the Owner of the Community will act as joint controllers. You can access the list of the Owners of the Communities and their individual privacy policies by clicking here.
When you purchase a product through our application, COLKIE processes your Personal Data in order to manage the purchase and deliver to you such products. The categories of Personal Data that we process for this purpose are name, surname, username, telephone number, email, and address. The legal basis for this processing of Personal Data is the performance of the contract entered into the parties.
With respect to this processing activities, COLKIE and the Owner of the Community will act as joint controllers. You can access the list of the Owners of the Communities and their individual privacy policies by clicking here.
If we organize an event and you ask us to participate in it, we need to process some Personal Data to send you the invitation and manage your participation in it. The categories of Personal Data that we process for this purpose are name, surname, telephone number and email. The legal basis for this processing of Personal Data is your freely given consent. You can withdraw your consent at any time.
We may contact you from time to time with email communications regarding our app (e.g., updates to our Terms of Condition and Use). The categories of Personal Data that we process for this purpose are username and email. Our lawful basis for processing this Personal Data is the performance of the contract entered into the parties.
The data shall only be stored by COLKIE for the time strictly required for each purpose of the processing and shall promptly be deleted straight afterward, without prejudice to the legal storage obligations provided for by the law. According to that:
– In the case where the legal ground is the performance of a contract entered into the parties, the Personal Data will be kept as long as the contractual relationship between the parties is maintained and, in any case, until legal liabilities are extinguished definitively (by the expiry of the statute-of-limitations period).
– In all other cases, the Personal Data provided will be kept as long as the data deletion is not requested by the user. Likewise, data will be kept according to the legal timeframe set forth in legal, fiscal and accounting matters, taking as reference the date of the request for data deletion.
COLKIE will share your data with the following categories of recipients.
1) Third-party providers. In order to provide you with the Service at the highest quality, we need to share your Personal Data with third-party providers who assist us with various issues related to the app. We ensure that all our suppliers who may have access to your Personal Data act confidentially, fairly and in scrupulous compliance with applicable data protection regulations. To this end, we require them to enter into specific agreements with us that govern their use of your Personal Data.
2) Community Owners. When you request us to join a Community, you accept that your Personal Data will be communicated to the Owner of that Community, who will process your Personal Data as joint controller.
3) Law enforcement and other authorities, or other parties to litigation. We disclose your Personal Data if required by law, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety, investigate fraud, or respond to a government request.
COLKIE stores all our data with a cloud service provider located in the State of Virginia (USA). Where we transfer your Personal Data outside the EEA/UK, we take appropriate safeguards to require that Personal Data remain protected in accordance with this Privacy Policy. This includes:
You can exercise the following rights regarding the processing of Personal Data:
You may exercise your rights by sending the appropriate request at COLKIE at the following addresses:
– Calle General Asensio Cabanillas 27, 28003 - Madrid
Finally, you have the right to lodge a complaint with the competent data protection supervisory authority. With respect to COLKIE, the competent authority is the Spanish Data Protection Agency (www.aepd.es).
To exercise the same rights with regards to processing activities carried out by the Owner of your Community as independent controller, please refer to the Owner of Community’s Privacy Policy.
If you reside in the United States, you may have specific rights based on where you live. Some U.S. states have enacted consumer privacy laws granting their residents certain rights and requiring specific disclosures. These states include California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia (referred to from now on as “State Laws”.) This section on U.S. privacy rights addresses these specific State Laws.
If you live in any of the states listed above, to assert any of your rights, please contact COLKIE at privacy@joinsesh.app. If you live elsewhere in the United States, you can still contact us and we will try to address your concerns or questions.
If you live in California, this privacy policy also serves as a notice that you have the ability to assert your right for us to “Do Not Sell My Personal Information" by contacting us at privacy@joinsesh.app. Please note that COLKIE does not participate in targeted advertising, nor does it use cookies.
Verification of request: COLKIE may take steps to verify your identity before completing your request. Our verification may vary depending on what right you assert and the risk associated with the type of data requested. We may need to confirm access to the relevant email account, provide a government-issued ID or other identification documents, or providing other account details or information that corroborates this is a valid request.
Note please that some of your personal information is necessary for the sesh application to function and/or for you to join and maintain enrollment in a Community or attend Community events. By asserting your rights under some State Laws, it may affect the functioning of the sesh application, or completely bar your ability to participate in a Community or a Community function.
Authorized Agent: You may designate an authorized agent to assert your rights under State Laws. You will need to designate such agent in writing or through a power of attorney. Before we can honor the requests made on your behalf, the agent will be required to prove they are your agent and that you have authorized the agent to make requests on your behalf.
Notice: Please see above as to how we collect, use and share your data. If you have joined a Community, the Community Owner may also collect additional personal information about you. To assert your rights under State Laws regarding such additional information, please contact the Community Owner. A list of Community Owners, their privacy policies and contact information is available here.
Access: All State Laws provide you with the right to access your Personal Data. There are specific limitations barring you access data containing trade secrets in some State Laws, particularly in California, Colorado and Connecticut.
Under some State laws, including California, You can request us to disclose to you: (1) the categories and/or specific pieces of personal information we have collected about you, (2) the categories of sources for that personal information, for example if we obtained the information from a data broker, (3) the purposes for which we use that information, (4) the categories of third parties with whom we disclose the information, and (5) the categories of information we sell or share with third parties. If you live in California, you can make a request to know up to twice a year, free of charge.
Correction: You have the right to request the correction of inaccuracies in your personal information if you live in California, Virginia, Connecticut, Colorado, Indiana, Tennessee, Oregon, Montana, Texas or Delaware.
Deletion: Similarly, the right to deletion comes with certain exceptions across state lines. In California, Iowa and Utah, consumers have the right to delete only consumer-provided data, while the remaining states allow consumers the right to delete any Personal Data the covered entity has concerning them. If you live in Virginia, there is an exemption to this right where the Personal Data was collected from a third-party source. Some exceptions apply, such as if we are legally required to keep the information.
Portability: Depending on where you live, you may have the right to have us deliver directly to you or another entity where technically feasible, a structured, commonly used and machine-readable file containing the Personal Data related to the use of our sesh application. If you live in Indiana, Iowa, Montana, Tennessee, Texas, Virginia or Utah, you have the right to obtain only consumer-provided data that you gave to us.
Opt-in and Opt-out rights: Opt-in and opt-out are two approaches used in State Laws to control how we can collect, use, and share personal information about individuals. Opt-in means we cannot collect, use, or share your personal information unless you give us explicit permission to do so. Opt-out means we can automatically collect, use, or share your information unless you tell us not to do so.
In Colorado, Connecticut, Delaware, Indiana, Montana, Oregon, Tennessee, Texas, and Virginia, you must opt-in before your sensitive personal information can be processed. If you live in California, you have the right to limit our use and disclosure of sensitive personal information.
Opt-out from the sale of personal information: All State Laws provide you with the right to opt out of sales and some forms of targeted advertising. COLKIE does not participate in targeted advertising, nor does it use cookies. COLKIE will share your personal information with the Owner of Community and Spotify when you choose to join a Community and it will share your data with third-parties necessary for the sesh platform to be operated, but COLKIE does not sell or share your personal information with any other parties. Please see a list of Community Owners, their privacy policies and contact information is available here. To review Spotify’s privacy policy, please visit their website at https://www.spotify.com/us/legal/privacy-policy/
Opt-out of profiling: You have the right to opt-out of profiling if you live in California, Virginia, Connecticut, Colorado, Indiana, Tennessee, Oregon, Montana, Texas or Delaware. COLKIE does not engage in profiling.
Sesh has a minimum 'Age Limit' for individuals to join the app in each country or region. The Sesh Service is not directed to children whose age:
We do not knowingly collect or use Personal Data from children under the applicable Age Limit. If you're under the Age Limit, do not use the Sesh app, and do not provide any Personal Data to us. If you're a parent of a child under the Age Limit and become aware that your child has provided Personal Data to Sesh, contact us.
If we learn that we have collected the Personal Data of a child under the applicable Age Limit, we'll take reasonable steps to delete the Personal Data. This may require us to delete the Sesh account for that child.
When using a shared device with the sesh app, be cautious about playing or recommending any inappropriate content to individuals under 18 years old.
If for any reason COLKIE decides to make any changes to this Privacy Policy, we will promptly inform you before the changes become applicable. This way you can find out how we intend to use your Personal Data before we start doing so.