Privacy Policy

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POSMUSIC PTY LTD

 

PRIVACY POLICY

POSMUSIC PTY LTD (“POSMUSIC”. “we”, or “us”) respects the privacy rights of its mobile application (“POSMUSIC App”) users. The following “Privacy Policy” made effective as of the date set forth above describes our information collection and use practices in connection with the POSMUSIC App, as well as any circumstances under which we may disclose information collected from you.

I. GENERAL TERMS

By using the POSMUSIC App, you acknowledge that you have read, understand and agree to be bound by this Privacy Policy or any modified Privacy Policy as posted. If you do not agree to these terms, please delete the POSMUSIC App (and all of its data) from your mobile device immediately.

By submitting Personal Information (as defined below) through the POSMUSIC App, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

The POSMUSIC App may contain links or access to third party websites (including via banner ads and/or use of the in-App browser interface). We do not control, recommend or endorse and are not responsible for these third-party sites or their content, products, services or privacy policies or practices. We encourage our users to read the privacy statements of each and every website they visit (or mobile application they use). This privacy statement applies solely to information collected by us through the POSMUSIC App.

II. INFORMATION YOU PROVIDE TO US

To maximize your POSMUSIC App user experience, we may ask you to provide certain information about yourself. Specifically we may ask you to provide information that could be used to personally identify or contact you (such as your name, email address, telephone number, home address) (“Personal Information”), such as for example, we may collect Personal Information when you request information, submit comments, post on social media sites, participate in a promotion, survey or other feature of the POSMUSIC App, redeem virtual rewards and access exclusive content, or otherwise use the POSMUSIC App. “Non-Personal Information” means data that is not associated with or linked to your Personal Information; Non-Personal Information does not, by itself, permit the identification of individual persons. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information. If you do not consent to such unrestricted use of Non-Personal Information, please delete the POSMUSIC App (and all of its data) from your mobile device immediately.

 

We will never ask you to submit your financial or billing information (for example, credit or debit card number, expiration date, and card verification number) directly to us.

POSMUSIC may make available certain interactive services like bulletin boards, chat rooms, blogs, forums, including integration with third party social networking sites, services and apps, such as Twitter, Facebook, YouTube and Instagram (collectively, “Interactive Services”). Of course, any information that you share or disclose through these Interactive Services becomes public information and is not subject to the provisions of this Privacy Policy. If you do not want some or all of your Personal Information collected, please do not submit it.

The POSMUSIC App enables you to post messages, photos, audio clips and videos on your social media page(s) [e.g. Facebook, Instagram, YouTube, Twitter]. To access your own social media account(s), you may be prompted to enter your access credentials for that third party service. POSMUSIC may store your username and an access token or similar credentials obtained from the third party service, so that you are able to access that third party service without entering your access credentials again.

III. INFORMATION WE COLLECT AUTOMATICALLY

Upon installation. Because we want to make sure that you, the user, can consistently open the POSMUSIC App and pick up exactly where you left off (for example, to keep track of the number of Songs you have ‘liked’, the rewards you have redeemed or content you have unlocked), we need to collect, store and access certain identifying information from you; without this information, the POSMUSIC App may not function properly.

How we obtain this information depends on your device’s operating system:

For iOS Users: When you use your iOS-enabled device to operate the POSMUSIC App, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by POSMUSIC.

A device identifier may deliver information to us (or to a third party, subject to the limitations below) about how you browse and use the POSMUSIC App and may help us or others provide reports or personalized content and ads.

For Android Users: To download the POSMUSIC App, you must have a valid Google ID account. To verify your identity, we will receive and store certain information from Google, Inc. (“Google”), such as your name, user name, password, gender, date of birth and email address. We will not share this information with any third party other than Google.

If you do not wish to have this information stored or accessed by POSMUSIC, please delete the POSMUSIC App (and all of its data) from your mobile device.

During App Usage. Whenever you interact with the POSMUSIC App, we and third-party advertisers and/or service providers may use a variety of technologies (such as device identifiers, analytics software and/or a small data file or, a persistent “cookie”, which is transferred to your mobile device for access on future visits to the POSMUSIC App) that automatically or passively collect information about how you access and use the POSMUSIC App (“Usage Information”). Usage Information may include, in part, your browser or device type, your operating system, the page served, the time, the preceding page views, and your use of features or applications on the POSMUSIC App, such as your song listening history, the amount of time you spend using the POSMUSIC App, the amount of time you spend listening to a particular song, IAP purchase history, rewards and redemption history. We use this information to help us understand how we can improve the POSMUSIC App to personalize and enhance your experience. The use of cookies, web beacons, or similar technologies by third party providers is not subject to this privacy policy.

III. HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect about and from you for a variety of business purposes, including, for example, to deliver rewards, respond to your questions and requests; provide you with access to certain areas and features of the POSMUSIC App; communicate with you about your account and activities using the POSMUSIC App and changes to any of our policies; tailor content, advertisements and rewards; improve the POSMUSIC App; to process applications and transactions, and for our internal business purposes. In addition, we may use your Personal Information for other purposes for which you otherwise provide your consent.

IV. SHARING OF PERSONAL AND NON-PERSONAL INFORMATION

Except as provided in this Privacy Policy, we will not share any of your Personal Information to any third party without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information, with third parties (including, Google Play, App Store, Facebook, Instagram, Twitter, YouTube, Amazon Cloud, our artists and advertising partners). We may also share your information as disclosed at the time you provide your information (e.g. in connection with a specific promotion), and as otherwise described in this Privacy Policy.

In addition, we may share your information in the following circumstances:

  • Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the POSMUSIC service, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our affiliates). These may include, for example, companies or individuals that host or operate the POSMUSIC service, analyze data or provide customer service; advertisers; or our artist partners.
  • Your Agreement To Have Your Personal Information Shared. While using the POSMUSIC service, you may have the opportunity to opt-in to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information (including, if required, contact information, financial information (like account or credit card numbers)) will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.
  • Business Transfers. We may share your Personal Information with other entities and affiliates in the family of companies controlled by POSMUSIC or related entities for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another company acquires our company, business, or our assets, that company may possess the Personal Information (and Usage Information) collected and stored by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy, though we cannot guarantee that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered one of our assets and as such may be sold or transferred to third parties.
  • Legal Disclosure. Under certain circumstances, we may be required to cooperate with legal investigations and/or we may be subject to legal requirements to disclose information collected through the POSMUSIC App, such as, by way of example, to a court or a governmental agency, and our policy is to provide such cooperation and comply fully with all such legal requirements. We may also disclose Personal Information to protect or defend the rights or property of POSMUSIC or users of the POSMUSIC App and/or to investigate any violation or potential violation of the law, this Privacy Policy, or the POSMUSIC Terms and Conditions. Your consent to the disclosures contemplated by this paragraph (“Necessary Disclosures”) is necessary if you wish to use the POSMUSIC App. If we make a Necessary Disclosure, we will not be responsible for the use of such disclosed Personal Information by the third party to whom the Necessary Disclosure was made. If you do not consent to such Necessary Disclosures, please do not provide us with any Personal Information and delete the POSMUSIC App (and all of its data) from your mobile device immediately.

V. INFORMATION WE RECEIVE FROM THIRD PARTIES

If you choose to participate in a third party application or feature (such as one of our Facebook, Twitter, Instagram or YouTube applications or a similar application or feature on a third party website), you allow us to collect (or the third party to share) information about you, including Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. We may also receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. The information we collect about you through the POSMUSIC App may be supplemented with information from third parties in order to enhance the POSMUSIC App and your experience of them and to confirm the information that users provide to us. In those cases, we will apply this Privacy Policy to any Personal Information provided, unless we have disclosed otherwise.

VI. YOUR CHOICE AND ACCESS

You may always request that we not share your Personal Information with third parties. In addition you may request that we not send you information or offers, or that we not send you push notifications, emails, newsletters, or other communications. To make any such request: (1) modify your account settings; (2) send us an email at support@posmusic.com ; or (3) follow the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.

To modify, verify or delete any of your Personal Information that we have collected, you may edit your account user information or contact us at the above email address.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted to us. We are under no obligation to store your Personal Information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of your Personal Information. Please note that it is not always possible to completely remove or delete all of your information from our databases without retaining some residual data because of backups and other reasons.

Finally, please be aware that we do not control certain privacy settings and preferences maintained by social media sites such as Facebook, Twitter, Instagram and YouTube. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

VII. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT

In order to provide more relevant advertisements to you, we use technology to serve advertisements on the POSMUSIC App. We may use third parties to serve these advertisements. We may also use third party analytics vendors to evaluate and provide us with information about the use of the POSMUSIC App. We do not share Personal Information with these providers unless you have expressly authorized us to do so. However, like other advertising service vendors, they may place and access cookies, web beacons, or similar technologies on your device, and they may otherwise collect or have access to information about you, including Usage Information. We and our artist and record label affiliates or partners may target advertisements for products and services in which you might be interested based on your use of the POSMUSIC App, and visits to other websites. The use of cookies, web beacons, or similar technologies by third party providers is subject to their own privacy policies, not ours.

If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page at http://www.networkadvertising.org. Please note that even if you choose to opt out through the NAI Opt-Out Page, you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

VIII. SECURITY OF YOUR INFORMATION

The POSMUSIC App and the POSMUSIC server have industry-standard security measures (e.g. firewalls, encryption tools) in place to protect against the loss, misuse and unauthorized alteration of Personal Information in our possession and control.

Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof. Likewise, POSMUSIC App users are responsible for safeguarding the confidentiality of passwords (including those to access Google Play, the App Store, Facebook, Instagram, YouTube and Twitter), and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password. Please note, however, that we cannot ensure the security of any information you transmit to us or that we store. You use the POSMUSIC App and provide us with your information at your own risk.

IX. DYNAMIC CONTENT MANAGEMENT

In order to provide brand new music directly to your mobile device, POSMUSIC utilizes a dynamic content system in which music content is stored on your device, within the POSMUSIC application, and may be added, removed, or rearranged without your interaction with or control over the app.

By downloading and installing the POSMUSIC App, you consent to the dynamic management of songs within the app and in your mobile device. From time to time, the artist associated with the app may control the album parameters and add, remove, rearrange, or present snippets of songs, and may even send audio or video messages to be played along with the album.

X. CHILDREN’S PRIVACY

POSMUSIC will not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to download the POSMUSIC App without parental consent. In the event that we learn that we have collected Personal Information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us immediately at support@posmusic.com.

Where a version of the POSMUSIC App is directed at children under the age of 13 (a “POSMUSIC Kids Version”):

We provide additional privacy protections with respect to Personal Information we may collect from children under the age of 13. Specifically, some of the features (including, the POSMUSIC App web browser and full access to the Interactive Services) which may be available to users in our 13+ Version are disabled in our POSMUSIC Kids Version. Further, in accordance with applicable law, we will:

  • Notify a parent and/or guardian about our information practices with regard to children under age 13 (including types of Personal Information collected, the uses for such Personal Information, and the extent to which we share such Personal Information with third parties)
  • Obtain consent from a parent and/or guardian for the collection of Personal Information from their children, or for sending information about our products and services directly to their children.
  • Limit our collection of Personal Information from children to no more than is reasonably necessary to participate in an online activity.
  • Give a parent and/or guardian access or the ability to request access to Personal Information we have collected from their children and the ability to request that the Personal Information be modified or removed.

XI. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

We operate the POSMUSIC App in the United States. Our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the POSMUSIC App, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.

XII. CHANGES TO THIS PRIVACY POLICY

We are constantly trying to enhance your POSMUSIC App experience while taking the privacy rights of our users seriously. To that end, we may change, add or delete information on the POSMUSIC App and/or this Privacy Policy, from time to time without prior notice to you. We will notify you of any material changes by posting the updated Privacy Policy on the POSMUSIC website and in the POSMUSIC App or by otherwise communicating to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy, and we encourage you to check back regularly for any changes, additions or deletions. Your continued use of the POSMUSIC App after any modification to this Privacy Policy will constitute your acceptance of such modification.

XIII. CONTACT US

Please contact us if you have any questions or concerns about this Privacy Policy or your experience with the POSMUSIC App. Please contact support@posmusic.com.

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