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Music Managers Forum NZ - PRIVACY POLICY

PRIVACY POLICY

Any capitalised terms used in this Privacy Policy and not defined herein will have the same meanings set forth in the Music Managers Forum NZ Terms and Conditions including the Payment Terms set out therein.

This Privacy Policy (Privacy Policy) will apply fully to the contents of the website “www.mmf.co.nz” (the Website) offered by Music Managers Forum NZ (hereafter we, our, or us) and any software, features, content or applications offered from time to time and any email correspondence between us and you (collectively, the Services).

We are committed to respecting the privacy of your personal information, and any other information you provide through your access to and use of the Services. The Privacy Act (1993) (Privacy Act) sets out the New Zealand Privacy Principles (Privacy Principles) and governs the collection, storage, use, and disclosure of information by which individuals may be identified. This Privacy Policy applies to personal information and data that we collect through the Services and sets out how we comply with the Privacy Act regarding the collection, use, storage, sharing and protection of your information and data. We also comply with the EU General Data Protection Regulation 2016/679 (GDPR).

By using the Services, you consent to our collection, use, storage, deletion, and disclosure of information relating to you but always subject to the terms set out in this Privacy Policy.  If you do not agree with the Privacy Policy, you may not, under any circumstances or for any reason, use the Services or anything else that may, from time to time, be offered by us.  Any use of the Services shall constitute agreement and acceptance of this Privacy Policy.

We may, from time to time and in our sole discretion, make changes to this Privacy Policy and the way we store and collect personal information, so please make sure that you check the Privacy Policy on a regular basis.  We will provide notification on our Website of any material changes made to this Privacy Policy however we shall have no obligation to provide you with individual notice of any changes.   If you do not agree with any variations to the Privacy Policy, you may not continue to use the Services.  Your continued use of the Services following the publication of any amended Privacy Policy by us shall signify your acceptance of any amended Privacy Policy, except where we are otherwise required by law to seek your direct consent.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE APPLICATION.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, ACCESS OR USE THE APPLICATION.

 

GENERAL PROTECTION

We do not collect personal information unless you choose to give it to us. If you provide personal information through your use of the Services, it will be held by us.

 

THE INFORMATION WE COLLECT

We may collect and store the following information –

 

Registration and Account Information

When you create an account, sign up for access to or otherwise use the Services, we may require you to provide us with certain information that can be used to identify and contact you such as your username, password, name, email address, date of birth, gender, address, postal code, and country, as well as various transaction related information such as billing address, credit card numbers, security codes and/or other payment information. Your account will be protected by a password, selected by you.  Your email address and password will be used together to enable secure access and maintenance of your account by you.

You warrant that the information provided by you is true, accurate and complete, and you agree, at all times, to keep it that way. You shall be liable for ensuring the security of your information and we shall have no liability to you arising from the misuse of your personal information or as a result of your failure to keep such information safe and confidential.

 

Usage, log data & Cookies

We keep track of your interaction with the Services.  Our software automatically records information that your browser sends whenever you access the Services.  The information recorded includes your Internet Protocol address (IP address), your cookie ID, your browser type and version, which aspects of the Services you use and when and how long you use them for. These are the types of cookies we may use to or provide the Services:

-         Strictly Necessary Cookies – these cookies are essential to making sure the Application works correctly, and record information that allows you to move around the Application and navigate its features;

-         Performance Cookies – these cookies collect information about how you use the Application, such as how often you access the Application and if you encounter any errors;

-         Functionality Cookies – these cookies allow our Application to remember the choices you make to provide a more personalised experience;

-         Targeting and Advertising Cookies – these cookies deliver targeted advertising based on your interests and your use of the Application; and

-         Third-Party Cookies – we use a number of partners who pay to deliver cookies via our Application.

 

Cookies can stay on your device temporarily (Session Cookies) or until you manually delete them (Persistent Cookies).

Data collected by cookies does not identify you, but it does identify your device. Where such data can be cumulatively used to personally identify you, we will seek your consent to collect and process such information.

Depending on your device, you may be able to change your settings to notify you when a cookie is issued, or reject cookies, however if you choose to reject cookies we cannot guarantee the functionality of the Services.

 

Payment Data

Your credit card information (such as card type and expiration date) and other financial data that we need to process any payment due by you may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide you with access to the Services. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored, and your card’s type, expiration date, and certain digits of your card number.

By accepting the Privacy Policy, you expressly authorise us to use and share with other related companies, as well as certain trusted business partners and service providers, which may be located outside of the country of your residence (including countries which do not provide the same level of protection for the processing of personal data as the country of your residence), the information provided by you to us, even if such information is covered by local banking secrecy laws. You acknowledge and agree to the importance of sharing such information for the provision of access to the Services and also agree that, by accepting this Privacy Policy, where applicable and to the extent permitted by applicable law, you expressly waive your rights under such bank secrecy laws, any related company, and any trusted business partners and service providers, which may be located outside your country of residence. This consent is given for the duration of your use of the Services.

 

Where we Collect Your Information

There are places on our Website where you can choose to give us personal information, such as:

-         When you are creating an account;

-         Subscribing to receive emails from us or other electronic direct marketing;

-         If you lodge a complaint, make a comment, or give feedback to us, we collect your email address and sometimes other contact details. We may use your email address to respond to you.

 

HOW WE USE YOUR INFORMATION

The information collected by us helps us process your user registration and to provide, enhance, personalize and improve your experience with the Services.  We also use the information automatically collected by our servers to monitor and analyse how users use the Services and to maintain and improve our delivery of the Services.

We additionally use the information collected by us to:

1.      ensure technical functioning of the Services, develop new products and services, and analyse your use of the Services including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Website;

2.      send you emails and/or messages to update you about the Services, any changes to the Terms and Conditions and/or this Privacy Policy, as well as any updates or issues relating to the Services.

3.      communicate with you regarding your account and any customer service matters which may arise;

4.      communicate with you for promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us;

5.      enable and promote the Services and other services or products;

6.      respond to or confirm any requests submitted by you to our customer service department;

7.      notify you and warn you of any inappropriate conduct, and if necessary, to inform you of the suspension or termination of your account;

8.      to enforce this Privacy Policy, or and any other terms that you have agreed to, including to protect the rights, property, or safety of the Website, its users, or any other person, or our rights or third party rights in copyright-protected content;

9.      provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other users; and

10.    as otherwise stated in this Privacy Policy.

In some contexts, we will share certain information. For example, if you sign up for the Services through a third party application, we may share some information with them and they may share some information with us in order to enable your account. We additionally may share de-identified information with our partners.

 

WE WILL NOT SELL, RENT, OR LICENCE YOUR EMAIL ADDRESS OR ANY OF YOUR PERSONAL INFORMATION UNLESS OTHERWISE PROVIDED FOR IN THIS PRIVACY POLICY OR WITHOUT YOUR CONSENT.

 

Managing your Subscriptions and Notifications

You will be asked to opt-in to receive any emails, mailings or other announcements from us.

You confirm that certain non-marketing related correspondence from us, including messages relating to your account, and payment related matters (Account Correspondence), will be automatically received by you by virtue of your use of the Services and you will not have the option to opt-in in order to receive Account Correspondence.

If you choose to opt-in to receive communications from us, you may, at any point you are no longer interested in receiving any emails, mailings or other announcements from us, unsubscribe from the receipt of such communications by clicking on the specified link in any given email communication or by amending the notification settings in your account. Please note that you may not be able to unsubscribe from certain non-marketing related correspondence from us, including Account Correspondence.

 

Controlling your Information

You have the right to access, update and correct any inaccuracies in your personal information through your account settings.   You may also request, access, update, and correct any inaccuracies in other personal information we control by contacting us directly.

In order to protect your privacy and security, we take all reasonable steps (such as the request of a password or confirmation of certain information) to verify your identity before granting you access or allowing you to make any updates or corrections to your account.  You remain solely responsible for maintaining the secrecy of your password and account information at all times. We shall have no liability to you arising from the misuse of your personal information or as a result of your failure to keep such information safe and confidential.

 

What are your rights to your Personal Information

In accordance with the GDPR, we acknowledge the right of EU citizens to:

-         have their data erased that is no longer being used for a legitimate purpose;

-         request a copy of all Personal Data held about you by WEYO in a readable format; and

-         request restricted processing of your Personal Data whilst any complaints or concerns are being resolved.

To erase, request or restrict processing of your Personal Data, please email lorraine.owen@mmf.co.nz

 

Third Party Affiliates

We may, from time to time, share statistical and demographical information about our users and their use of the Services with advertisement suppliers and potential affiliate partners.  We may also disclose and otherwise use non-personally identifiable information about users.  None of the above would include anything that could be used to personally identify you or to discover individual information about you.

 

Service Providers

We may, from time to time, use third parties to assist us with managing certain aspects of the Website, facilitate our business, manage communications with you, or otherwise provide services to us in connection with the Services.  Where these third parties process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain reasonable security measures and do not use your information for any purpose other than to provide their services to us.

 

Others

We may, under certain circumstances, also share your personal information if:

-         Such information is reasonably necessary to satisfy any applicable law, regulation, legal process, court order or otherwise as requested or required by law enforcement or government authorities;

-         Such action is appropriate to enforce the Terms and Condition, including any investigation of potential violations thereof;

-         Such action is necessary to detect, prevent or otherwise address fraud, security or technical issues associated with the Services;

-         Such action is appropriate to protect the rights, property or safety of our business, its employees, users of the Services;

-         We wish to inform business partners about use of the Services and products and items made available through the Website, in the form of aggregated statistics or otherwise in a format which does not identify your identity; or

-         We are in the course of negotiating or conducting a merger, acquisition, or sale of all or a portion of our assets.

 

Investigations

You hereby grant us and our representatives the right to access your account and records as may be necessary to investigate any use of the Services including, but not limited to, alleged violations of applicable laws and regulations, abuse and/or harassment.

 

Third Party Privacy Policies

We may display advertisements from third parties and other content that links to third party websites and Third Party Applications. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.

Please note that this Privacy Policy does not cover the information practices of any third party services which may be linked to the Website.  Notwithstanding our encouragement for third parties to adopt similar privacy practices as ours, we are not responsible for their collection and use of your personal information. Please refer to the privacy policies and statements of other such third parties to obtain information regarding their information collection, use and disclosure policies. When you click on a third-party link displayed on the Website or otherwise accessed via the Services, our Privacy Policy will no longer apply, and you agree to accept and abide by the applicable privacy provisions of such third party services.

 

Security

We are committed to protecting our users’ information.  Your personal information which is provided to us is stored on servers with restricted access and which are protected by protocols and procedures designed to enhance the security of information.  We also restrict access of personal information to our employees, independent contractors, and agents to those who may need to know this information in order to develop, operate and maintain the Services.  All our personnel who may have access to your personal information are trained and educated about our Privacy Policy.

Any billing information which is supplied and transmitted through the Website using Paypal Recurring Subscription Payment shall be made in accordance with our Payment Terms and the Paypal Payment Terms. We take measures to secure your billing information, however no security measures are 100% secure, so we cannot guarantee the security of user information at any time.  We accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data. 

You acknowledge and agree that you provide your personal information at your own risk.  If you have any concerns regarding the disclosure of your personal information, please do not use the Services.

 

Questions?

If you have any concerns, questions or comments, please contact our Operations Manager Lorraine Owen at lorraine.owen@mmf.co.nz

If you are not satisfied with our handling of your Personal Information, or have any concerns regarding our Privacy Policy, then you may lodge a complaint with the Privacy Commission (for more information, please see www.privacy.org.nz)