This Agreement is made between the musician holding a PrestigeMusicians dashboard account (the “Controller”) and MILAN SYSTEMS, LLC, a Texas limited liability company trading as PrestigeMusicians (the “Processor”). It forms part of the Terms of Service for musicians and governs the personal information in the Controller’s book, which PrestigeMusicians holds and processes on the Controller’s behalf.
This Agreement is drawn to satisfy Article 28 of the EU General Data Protection Regulation and its United Kingdom equivalent, and applies whether or not the Controller is established in Europe.
1. Scope
The Controller uses the dashboard to maintain records of clients, inquiries, bookings, messages, travel and payments. That information belongs to the Controller.
PrestigeMusicians stores it, makes it available to the Controller and to the Controller’s assistants, transmits correspondence containing it on the Controller’s instruction, and operates upon it the features described in Annex
- PrestigeMusicians makes no other use of it.
Where an inquiry originated through the public roster, PrestigeMusicians is separately the controller of its own record of that inquiry, and this Agreement does not extend to that record.
2. Instructions
PrestigeMusicians processes the Controller’s book only on the Controller’s documented instructions. Those instructions comprise this Agreement, the features of the dashboard as described to the Controller and as the Controller uses them, and any further direction the Controller gives in writing.
Where PrestigeMusicians considers an instruction to infringe applicable data protection law, it shall notify the Controller before acting upon it. Where a law to which PrestigeMusicians is subject requires processing on some other basis, PrestigeMusicians shall notify the Controller beforehand unless that law prohibits such notification.
3. Confidentiality
Every person on the part of PrestigeMusicians with access to the Controller’s book is bound by an obligation of confidentiality. At present that is the founder of PrestigeMusicians, for support and for the operation of the service, and access is confined to what those purposes require.
4. Security
PrestigeMusicians shall implement the measures set out in Annex 2 to protect the Controller’s book against loss, alteration, and unauthorized access or disclosure. Those measures are reviewed as the service changes and shall not be reduced without notice to the Controller.
5. Sub-processors
The Controller authorizes PrestigeMusicians to engage the sub-processors listed at /legal/sub-processors, each of which is bound by written contract to data protection obligations no less onerous than those in this Agreement.
PrestigeMusicians shall give the Controller not less than thirty days’ notice by email before engaging or replacing a sub-processor. Where the Controller objects on reasonable data protection grounds and the objection cannot be resolved, the Controller may terminate the musician terms and take an export of the book before the change takes effect.
PrestigeMusicians remains responsible to the Controller for the acts and omissions of its sub-processors.
6. Place of processing and international transfers
The systems of PrestigeMusicians, and those of its sub-processors, are located in the United States. Where the Controller is established in the European Economic Area, the United Kingdom or Switzerland, the transmission of the Controller’s book to PrestigeMusicians constitutes a transfer to a third country, for which this Agreement provides the following safeguards:
- The European Commission’s Standard Contractual Clauses of 4 June 2021, Module Two (controller to processor), are incorporated into this Agreement, the Controller being the data exporter and PrestigeMusicians the data importer. Clause 7 (docking) is included; Clause 9 applies Option 2 with thirty days’ notice; Clause 11 does not include the optional independent dispute resolution; Clause 13 applies as the supervisory authority of the Member State in which the Controller is established; Clause 17 selects the law of Ireland and Clause 18 the courts of Ireland. Annexes 1 and 2 below serve as Annexes I and II of the Clauses. The Clauses are reproduced in full at Standard Contractual Clauses, a reference to them not being itself a safeguard; the text there is what is incorporated.
- For the United Kingdom, the International Data Transfer Addendum issued by the Information Commissioner applies to those Clauses, its tables completed from this Agreement.
- Where a sub-processor is certified under the EU-US Data Privacy Framework, PrestigeMusicians may additionally rely upon that certification in respect of the onward transfer.
7. Assistance with the Controller’s obligations
Where a data subject requests access to their information, or its rectification, erasure or portability, and that information is held in the Controller’s book, the dashboard enables the Controller to answer the request directly.
Where it does not, or where such a request is made to PrestigeMusicians rather than to the Controller, PrestigeMusicians shall notify the Controller within five working days and shall assist the Controller in responding within the period allowed by law.
PrestigeMusicians shall assist the Controller with a data protection impact assessment or with a supervisory authority, such assistance being chargeable at cost where it requires more than a few hours.
8. Personal data breach
Where PrestigeMusicians becomes aware of a breach of security affecting the Controller’s book, it shall notify the Controller without undue delay and in any event within forty-eight hours, stating what is then known: the nature of the breach, the categories of data subject affected, the measures taken, and the measures PrestigeMusicians recommends the Controller take. PrestigeMusicians shall provide further information as it becomes available.
PrestigeMusicians shall not notify the Controller’s clients or a supervisory authority on the Controller’s behalf unless requested by the Controller or required by law.
9. Termination
On termination of the musician terms, PrestigeMusicians shall provide the Controller with a complete export of the book, shall retain it for thirty days against the possibility of reinstatement, and shall thereafter delete it from its systems and instruct its sub-processors to do likewise.
Records which PrestigeMusicians is required by law to retain are excepted; those are retained with identifying particulars removed where the law permits and are deleted when the obligation expires. PrestigeMusicians shall confirm deletion in writing on request.
10. Demonstration of compliance
PrestigeMusicians shall make available to the Controller the information the Controller reasonably requires to verify compliance with this Agreement, including the security measures in Annex 2 and any independent reports published by its sub-processors.
Once in each year, on thirty days’ notice and at the Controller’s cost, the Controller or an auditor appointed by the Controller and bound to confidentiality may audit that compliance, at a time which does not disrupt the service.
11. Liability and precedence
Liability under this Agreement is as provided in the musician terms. Where this Agreement and the musician terms conflict upon a data protection matter, this Agreement prevails; where this Agreement and the Standard Contractual Clauses conflict, the Clauses prevail.
Annex 1: particulars of processing
Subject matter and purpose. The conduct of the Controller’s musical business through the dashboard: maintenance of records, transmission and receipt of correspondence with the Controller’s clients, preparation and execution of performance agreements, travel records, payment records, and, on the Controller’s instruction, the sorting of inquiries against rules the Controller writes.
Duration. For so long as the Controller holds an account, together with the thirty day period in clause 9.
Categories of data subject. The Controller’s clients and prospective clients (couples, event organizers, planners and venues), and the Controller’s assistants.
Categories of personal data. Names, email addresses, telephone numbers, postal addresses, event particulars (type, date, venue, city, guest count and program), budgets and fees, the content of email correspondence, notes written by the Controller and the Controller’s assistants, signature records (typed name, time, internet protocol address and browser), payment amounts and status (never card particulars), and travel particulars for the Controller’s own journeys.
Special categories. None are solicited. Where a client volunteers sensitive information in correspondence — a health condition bearing on the day, or a religious ceremony — it is stored as part of that correspondence under the Controller’s control.
Features transmitting information to a sub-processor. Transmission and receipt of mail (Resend): addresses, subject and body. Inquiry sorting (Anthropic), only where the Controller has written rules: the client’s name, event type, date, venue, budget, message and the Controller’s notes. Travel lookups (AeroDataBox, AviationStack, Mapbox): flight numbers, dates and place names, and no client particulars. Payments (Stripe): the client’s name, the amount and a reference to the booking.
Annex 2: security measures
- Tenancy in the database. Every record carries the identifier of the musician to whom it belongs, and the database enforces, on every read and every write, that a signed-in user reaches only the records of the book they work. This is enforced by the database rather than by the application, so that an application defect cannot disclose one musician’s book to another.
- Administrative access. Held by the founder of PrestigeMusicians alone, from named devices, and used for support and operations.
- Encryption. All traffic between browsers, the servers of PrestigeMusicians and its database is encrypted in transit. The database and its backups are encrypted at rest by the database provider.
- Card data. Never stored, transmitted or seen by PrestigeMusicians; it passes from the client’s browser to Stripe.
- Authentication. Passwords are hashed by the authentication provider; two-factor authentication is available on every account. Accounts are created by invitation only.
- Public inputs. Text submitted through public forms and inbound mail is escaped or sanitized before storage or display, and a content security policy limits what a page may execute.
- Backups. Daily, encrypted, retained for thirty days, with restoration tested.
- Sub-processors. Each is bound by written agreement, listed publicly, and changed only upon notice.
- Secrets. Credentials for the systems of PrestigeMusicians are held in the encrypted configuration of its hosting provider and never in the codebase.
Annex 3: sub-processors
The current list, stating the purpose of each, the information it receives and where it processes, is maintained at /legal/sub-processors and forms part of this Agreement.