Setmixer privacy policy, effective June 2025
Setmixer Ltd, company Number 13736011, 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom
Privacy Policy
1 Introduction
1.1 Important information and who we are
Welcome to Setmixer Ltd’s Privacy and Data Protection Policy (“Privacy Policy”).
At Setmixer Ltd (“we”, “us”, or “our”) we are committed to protecting and respecting your privacy and “Personal Data” (as defined in Clause 2.1 below) in compliance with the General Data Protection Regulation (“GDPR”)and the Data Protection Act 2018 collectively the “Data Legislation”, as amended and updated from time to time and all other mandatory laws and regulations under English law.
This Privacy Policy explains how we collect, process, and keep your Personal Data safe. This Privacy Policy will tell you about your privacy rights and how the law protects you.
You are the individuals from which we may gather and use Personal Data, who can include:
Customers, such as fans, artists, and venues; and
Business contacts
and any other people that Setmixer Ltd has a relationship with or may need to contact.
1.2 Data Controller
Setmixer Ltd is the “Data Controller” and responsible for your Personal Data that we collect via our websites www.Setmixer.com and setmix.app (collectively the “Setmixer Websites”). Any inquiries about your Personal Data should either be sent to us by email to legal@setmixer.com with the subject “Data Request”.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
1.3 Processing data on behalf of a Data Controller and Data Processors’ responsibility to you
In discharging our responsibilities as a Data Controller, we have employees and companies who will deal with your data on our behalf (known as “Data Processors”). The responsibilities below may be assigned to an individual or may be taken to apply to the organisation as a whole. The Data Controller and our Data Processors have the following responsibilities:
Ensure that all processing of Personal Data is governed by one of the legal bases laid out in 2.2 below;
Ensure that Data Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;
Obtain the prior specific or general authorisation of the Data Controller before engaging Data Processors;
Assist the Data Controller in the fulfilment of the Data Controller's obligation to respond to requests for exercising the data subject's rights;
Make available to the Data Controller all information necessary to demonstrate compliance with the obligations laid down in the Data Legislation and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
Maintain a record of all categories of data processing activities carried out on behalf of the Data Controller;
Cooperate, on request, with the supervisory authority in the performance of its tasks;
Ensure that any person acting under the authority of the Data Processor who has access to Personal Data does not process Personal Data except on the direct instructions from the Data Controller; and
Notify the Data Controller without undue delay after becoming aware of a Personal Data Breach.
2 Legal basis for data collection
2.1 Types of Personal Data / Privacy Policy scope
“Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together below. Not all of the following types of Personal Data will necessarily be collected from you, but this is the full scope of Personal Data that we collect and when we collect it from you:
Profile/Identity Data: This is data relating to your first name, last name, gender, date of birth, purchases or orders made by you, your interests, streaming/ browsing and downloading data, your preferences, feedback, and survey responses.
Contact Data: This is data relating to your phone number, addresses, email addresses, phone numbers.
Marketing and Communications Data: This is your preferences in receiving marketing information and other information from us.
Transactional Data: This is information of details and records of all payments you have made for our services or products or where we need to pay you.
Technical Data which can include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Setmixer websites.
Usage Data which can include information about how you use the Setmixer websites, products, and services.
We also collect, use and share Aggregated Data such as the number of users in a region who have accessed or purchased recorded music on Setmixer. Aggregated Data can be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
We may also Aggregated Data to enable research or analysis so that we can better understand and serve you and others. For example, we may conduct research on your demographics and usage. Although this Aggregated Data may be based in part on Personal Data, it does not identify you personally. We may share this type of anonymous data with others, including service providers, our affiliates, sub-licensees, agents, and current and prospective business partners.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2.2 The Legal Basis for Collecting your Personal Data
There are several justifiable reasons under the Data Legislation that allow collection and processing of your Personal Data. The main avenues we rely on are:
“Consent”: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters and marketing from us, or ‘opt in’ to a service or for your email address to be shared with artists whose Setmixes you purchase, and/or for your email address to be shared with the venue where the Setmix was recorded.
“Contractual Obligations”: We may require certain Personal Data from you to fulfil our contractual obligations and provide you with the promised service.
“Legal Compliance”: Weare required by law to collect and process certain types of Personal data, such as for tax and payment reasons, to monitor fraudulent activity or other illegal actions.
“Legitimate Interest”: We might need to collect certain Personal Data from you to be able to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, which will not have a material impact on your rights, freedom, or interests. Examples could be your address, so that we know where to deliver something to, or your name, so that we have a record of who to contact moving forwards.
2.3 How is the Personal Data collected
We use different methods to collect your Personal Data from and about you including through:
You may give us your Personal Data by:
filling in forms on the Setmixer websites;
by corresponding with us by telephone, email or otherwise;
purchasing our products or services;
give us feedback;
registering to use the Setmixer Websites;
creating a Setmixer account on the Setmixer Websites;
subscribing to our services or publications;
requesting marketing to be sent to you;
participate in discussion boards or other social media functions on the Setmixer Websites or on social media websites;
entering a competition, promotion, or survey we run, or our third parties run; and
when you report a problem with the Setmixer Websites or our services.
The information you give us may include your name, address, e-mail address and telephone number, financial and credit card information, and/or information to assist in the detection of fraud or other abuses.
3 How we use your Personal Data
3.1 Our Personal Data uses
We will only use your Personal Data when the law allows us to, as listed in 2.2 above, and in the following circumstances:
Where we need to perform the contract, we are about to enter into or have entered into with you;
Where it is necessary for our Legitimate Interest (or those of a third party) and your interests and fundamental rights do not override those interests;
Where we need to comply with a Legal Compliance and enforce our legal rights;
Send you marketing communications (depending on your preferences);
Provide customer support to you;
Analyse how our service is being used for troubleshooting and improvements;
Communicate with you; and
Collect debts, prevent fraud, and protect the integrity of our services.
3.2 Marketing and content updates
You will receive marketing and new content communications from us if you have created a Setmixer account and chosen to opt into receiving those communications. From time to time, we may make suggestions and recommendations to you about goods or services that may be of interest to you.
Opting out of marketing promotions
You can ask us to stop sending you marketing messages at any time by emailing us on support@setmixer.com, by following an 'unsubscribe' link at the bottom of any marketing email or by chat on the Setmixer Websites.
Where you opt out of receiving these marketing messages, we will continue to retain other Personal Data provided to us as a result of interactions with us not related to your marketing preferences or for purposes not related to your marketing preferences.
3.3 Artist and Venue Opt-In
Where you have opted-in, your email address provided to us may be given to the artist from whom you purchased a Setmix and/or the venue where that Setmix was recorded. The artist and venue may use that email address to send you marketing and communications about the artist and where the artist may be playing next, for example. You will need to contact the artist and venue directly via their marketing email to you, to 'unsubscribe'.
3.4 Change of purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by email to legal@setmixer.com with the subject ‘Data Request’.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4 Your rights and how you are protected by us
4.1 Your legal rights
Under certain circumstances, you have the following rights under Data Legislation in relation to your Personal Data:
Right to be informed. You have a right to be informed about our purposes for processing your Personal Data, how long we store it for, and who it will be shared with. We have provided this information to you in this policy.
Right of access. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it (also known as a "data subject access request"). See section 4.4 below for more details on how you can make a data subject access request.
Right to rectification. You have a right to request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new Personal Data you provide to us.
Right to erasure. You have the right to ask us to delete or remove your Personal Data where there is no good reason for us continuing to process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Data unlawfully or where we are required to erase your Personal Data to comply with law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to restrict processing. You have the right to request the restriction or suppression of their Personal Data. Note that this is not an absolute right and it only applies in certain circumstances:
If you want us to establish the Personal Data's accuracy;
Where our use of the Personal Data is unlawful, but you do not want us to erase it;
Where you need us to hold the Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
You have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
Right to object. You can object to the processing of Personal Data we hold about you. This effectively allows you to stop or prevent us from processing your Personal Data. Note that this is not an absolute right and it only applies in certain circumstances, for example:
Where we are processing your Personal Data for direct marketing purposes;
Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms; or
In some cases, we may continue processing your Personal Data if we can demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to data portability. You have the right to request the transfer of your Personal Data to you or to a third party. If you make such a request, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Once we have established your identity. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Rights in relation to automated decision-making. You have the right to object to automated decision-making including profiling, which produces legal effects concerning you or similarly significantly affects you. Such restriction only covers solely automated individual decision-making that produces legal or similarly significant effects there must be no human involvement in the decision-making process.
If you wish to make a request under any of these rights, please contact us at legal@setmixer.com with the subject ‘Data request’.
4.2 Your control over Setmixer Ltd’s use of your Personal Data
You may delete your Setmixer account at any time – this will remove your Setmixer account page from our systems and our related software.
We guarantee this will delete all stored data including any of your downloads.
You can access information associated with your Setmixer account by logging into your Setmixer account you created with us.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to legal@setmixer.com with the subject “Data Request”.
4.3 How Setmixer Ltd protects your Personal Data
We are concerned with keeping your Personal data secure and protecting it from inappropriate disclosure. Any Personal Data collected by us is only accessible by a limited number of employees or subcontractors such as Stripe (https://stripe.com/gb/) who process our financial data, who have special access rights to such systems and are bound by obligations of confidentiality. If and when we use subcontractors to store your Personal Data, we will not relinquish control of your Personal Data or expose it to security risks that would not have arisen had the Personal Data remained in our possession. However, unfortunately no transmission of Personal Data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Setmixer Ltd to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us. If we believe that your Personal Data has been breached we will notify you and the ICO.
4.4 How to request your data and the process for obtaining it
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.
We may need to request specific information from you to help us confirm your identity and ensure you have the right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
5 Your data and third parties
5.1 Sharing your data with third parties
We may also share Personal Data with interested parties in the event that Setmixer Ltd anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
If Setmixer Ltd is sold or makes a sale or transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your Personal Data. In all other situations your data will still remain protected in accordance with this Privacy Policy (as amended from time to time).
We may share your Personal Data at any time if required for legal reasons or in order to enforce our terms or this Privacy Policy.
5.2 External Third Parties
We may share your email address if you have chosen to opt-in to it being sent to the artist whose setmix you purchased and the venue where that setmix was performed.
We may share your Personal Data with our financial partners who are solely liable for the handling of any purchases of Setmixes and for paying both venues and artists.
We may share your Personal Data with our Hosting Partners acting as Data Processors or joint Data Processors who provide us with I.T, hosting and system administration services.
We may share your Personal Data with professional advisers acting as Data Processors including our legal advisers, accountants, auditors, and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services who will be bound by confidentiality.
We may share your Personal Data with HM Revenue & Customs, regulators and other government authorities acting as Data Processors or joint Data Controllers based in the United Kingdom who require reporting of processing activities in certain circumstances under the law.
5.3 Third-Party Links
The Setmixer Websites may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.
6 How long we retain your data
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six (6) years after they cease being customers for legal and tax purposes.
In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7 Age limit for the Setmixer websites users
You must not use the Setmixer Websites unless you are aged 18 or older. If you are under 18 and you access Setmixer Websites by lying about your age, you must immediately stop using the Setmixer Websites and/or Setmixer Ltd will delete your Setmixer account without notice, at its sole discretion.
The Setmixer Websites are not intended for children, and we do not knowingly collect Personal Data relating to children.
8 International transfer of Personal Data
The Personal Data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, the provision of support services. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it. We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see link: What rules apply if my organisation transfers data outside the EU? - European Commission
Where we use certain Data Processors , we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see Data protection adequacy for non-EU countries.
Where we use Data Processors based in the US, we may transfer the Personal Data to them on the strict conditions that they abide by Article 45, 46 and 49 of GDPR Implementing decision - 2023/1795 - EN - EUR-Lex and provide similar protection to data shared between UK and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data outside of the EEA, via email at the top of this Privacy Policy.
9 Notification of changes and acceptance of this Privacy Policy
We keep our Privacy Policy under review and will place any updates here. This version is dated 1 June 2025.
By using the Setmixer Websites , you consent to the collection and use of your Personal Data by us as set out in this Privacy Policy. Continued access or use of the Setmixer Websites will constitute your express acceptance of any modifications to this Privacy Policy.
10 Interpretation
All uses of the word "including" mean "including but not limited to" and the enumerated examples are not intended to in any way limit the term which they serve to illustrate.
Any email addresses set out in this Privacy Policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored.
If you wish to contact us please make sure first there is no relatively obvious other way to deal with or answer your concern or question (e.g. FAQs, other areas of the Setmixer Websites, etc.).
Our staff or contractors are not authorised to contract on behalf of Setmixer Ltd, waive rights or make representations (whether contractual or otherwise).
If anything contained in an email from a Setmixer Ltd address contradicts anything in this Privacy Policy, our terms or any official public announcement on the Setmixer Websites or is inconsistent with or amounts to a waiver of any Setmixer Ltd rights, the email content will be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the Setmixer Ltd legal department.
11 Term of use
Please also see our Terms of Use (www.setmixer.com/terms) which set out the terms, disclaimers, and limitations of liability governing your use of the Setmixer Websites.
12 General
You may not transfer any of your rights under this Privacy Policy to any other person. We may transfer our rights under this Privacy Policy, at our sole discretion, as set out in this Privacy Policy. If any court or competent authority finds that any provision of this Privacy Policy (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted or amended, and the validity and enforceability of the other provisions of this Privacy Policy will not be affected and remain valid and enforceable.
Nothing in this Privacy Policy is intended to, or shall be deemed to, establish any partnership, joint venture, or contract of employment between any of the parties.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Privacy Policy, all Personal Data and all products and services is governed by and interpreted according to the laws of England and Wales. All disputes arising under this Privacy Policy are subject to the exclusive jurisdiction of the English courts.