Data Processing Agreement (DPA)
Please note that this English translation is provided for convenience only. In the event of any dispute, the Spanish version of this document is legally binding.
This Data Processing Agreement ("DPA") is an addendum to the Terms and Conditions and governs the processing of personal data by Bivinylfiora S.L. ("Data Processor") on behalf of our B2B clients ("Data Controller") when providing recording, mixing, mastering, or music production services.
1. Subject Matter and Scope
This DPA applies when Bivinylfiora processes personal data provided by a corporate client in the course of delivering studio services. This may include vocal stems, project files containing identifiable voices, or related artist documentation. The processing is governed by the European General Data Protection Regulation (GDPR) and the Spanish AEPD guidelines.
2. Obligations of the Data Processor
Bivinylfiora S.L. agrees to:
- Process personal data only on documented instructions from the Data Controller, unless required to do so by European Union or Spanish law.
- Ensure that persons authorized to process the personal data (our engineers, producers, and managers) have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- Take all measures required pursuant to Article 32 of the GDPR regarding the security of processing, ensuring that session files and stems are stored securely on our systems or via our host, Raiola Networks S.L.
- Not engage another processor without prior specific or general written authorization of the Data Controller.
3. Sub-processing
The Data Controller provides general authorization for Bivinylfiora to use external hosting and cloud storage services strictly for the purpose of file transfer and backup during the project lifecycle. Any sub-processor will be held to the same data protection obligations as set out in this DPA.
4. Data Subject Rights
Taking into account the nature of the processing, Bivinylfiora will assist the Data Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Data Controller's obligation to respond to requests for exercising the data subject's rights.
5. Deletion of Data
In accordance with our standard policies, Bivinylfiora retains project archives for a maximum of 6 months. Upon written request from the Data Controller, or automatically after the 6-month period expires, we will securely delete or return all personal data to the Data Controller, unless storage of the data is required by law.
6. Governing Law
This DPA shall be governed by the laws of Spain. Any dispute arising from this agreement will be subject to the exclusive jurisdiction of the courts of Madrid.