PRIVACY POLICY

This Privacy Policy explains how Forté Music Global Pty Ltd (ABN 87 657 155 667) (referred to in this policy as “Forté”, “we”, “us” or “our”) and/or our subsidiaries or affiliates use, collect, store and disclose information supplied to us in connection with our products or services, whether that be through our website located at www.fortemusic.app (the “Website”), our mobile and desktop apps, and all related sites, players, widgets, tools, data, software and other services (the “Apps”) we may operate from time to time (collectively, the “Services”).

This Privacy Policy details how we comply with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APPs”), and, to the extent that it applies, the EU General Data Protection Regulation 2016/679 (“GDPR”), in relation to the collection, storage, use, and disclosure of your information and data.

We may update this Privacy Policy from time to time at our sole discretion. Any variations become effective on posting the updated Privacy Policy on our website, and we shall have no obligation to provide you with individual notice of such changes. Your continued use of the Services following the publication of any amended Privacy Policy shall signify your acceptance of that amended Privacy Policy, except where we are otherwise obliged by law to seek your direct consent.

Please read this Privacy Policy carefully before using the Services. If you do not agree with any part of this Privacy Policy, please do not use the Services.

WHAT INFORMATION DO WE COLLECT?

This Privacy Policy covers all information collected via your use of the Services. The information we may collect from you can be broken down into the following types:

“Personal Information” means information that can be used to personally identify you such as your name, email address, profile picture, and payment details. We do not knowingly collect or process the Personal Information of anyone under the age of 18 without the express consent of their parent or guardian.

“Sensitive Information” is a special type of Personal Information that relates to health information, political beliefs, ethnicity, membership of a professional or trade association, sexual preferences, philosophical beliefs, or criminal record. We will not collect Sensitive Information except with your consent, and then only if collection of such information is necessary for a particular activity or function.

“Usage Information” means anonymous aggregate data that may be automatically collected through your use of the Services. This includes information that identifies your device, your operating system, your IP address, and dates and times that you access and use the Services. This information is used to resolve any technical issues that may arise, or for statistical analysis to help us to improve the Services.

The GDPR recognises that Usage Information, whilst for the most part anonymous, can be cumulatively used to directly or indirectly identify you. Usage Information that can be used to identify you in any way, together with your Personal Information, shall collectively be referred to in this Privacy Policy as “Personal Data”.

HOW WE COLLECT YOUR INFORMATION

Personal Information may be collected directly from you when you:

create an account with us;
contact us via our website, social media pages, phone or email;
subscribe to our mailing lists or other direct marketing communications;
complete a survey or questionnaire provided by us; or
access, browse, use, or otherwise interact with our Services.

It is your choice to provide Personal Information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us. Please be aware that it may be necessary for us to collect your Personal Information to enable us to provide the Services to you. As such, if you do not wish to provide your Personal Information, this may limit our ability to provide the Services to you.

Circumstances where we collect Personal Data about you from sources other than you directly include where:

you have consented for a third party to share information with us;
where we are authorised by law to collect the information from a third party;
where it is unreasonable or impracticable to collect the information from you personally.

If we collect your Personal Data from third parties in circumstances where you may not be aware that we have collected such Personal Data, we will take reasonable steps to notify you of the collection and circumstances surrounding the collection.

We may from time to time collect anonymous Usage Information from the Services through Google Analytics, Meta Ad Analytics and other user/data analytics sites/programs from time to time, by utilising cookies, pixel tags and other tracking technologies (collectively “Cookies”). Cookies are small packets of data that are downloaded onto your device when you access a website. Cookies hold specific information that helps a website ‘remember’ your actions and preferences over time. These are the types of Cookies that we may use to operate the Services:

Strictly Necessary Cookies – these Cookies are essential to ensure that the Services work correctly, and record information that allows you to move around the Services and navigate their features;
Performance Cookies – these Cookies collect information about how you use the Services such as how often you access the Services and if you encounter any errors;
Functionality Cookies – these Cookies allow the Services to remember the choices you make to provide a more personalised experience;
Targeting/Advertising Cookies – these Cookies deliver targeted advertising to you based on your interests and use of the Services.

Cookies can stay on your device temporarily (“Session Cookies”) or until you manually delete them (“Persistent Cookies”). You can adjust your browser settings at any time to block Cookies, however please note that doing so may limit our ability to provide the Services to you in a fully operational form.

To request a full list of the individual Cookies and tracking technologies we use, please email our Privacy Officer (per the details at the end of this Privacy Policy).

THIRD PARTY SITES

The Services may contain plug-ins and links to third party sites to enhance your user experience (“Third Party Sites”). We do not have access to, or control over, the technologies that third parties (including the Third Party Sites) may use to collect information about you. Please refer directly to the privacy policies and statements of the operator of any Third Party Sites to obtain information regarding their data collection, use, and disclosure policies. We disclaim all liability in connection with the services of any Third Party Sites integrated or otherwise linked to the Services, and we encourage you to reach out to them directly should you have any questions in connection with their services. For a full list of Third Party Sites integrated or otherwise linked to our Services, please email our Privacy Officer (per the details at the end of this Privacy Policy).

HOW WE USE YOUR INFORMATION

You agree that we may use your Personal Data for legitimate purposes including, but not limited to, the following:

to confirm your identity;
to provide the Services to you;
to respond to requests or correspondence submitted by you;
to process your payment for any Services;
to maintain and improve the functionality of our Services;
to prevent, detect and investigate potential illegal activities, security breaches and fraud;
to comply with legal and regulatory requirements;
to contact you via email or other instant message platforms to provide you with periodical promotional messages about new products or other information which we think you may find interesting, only where you have opted in to receiving such communication and until you ‘opt out’.

For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with providing the Services to you, or where we are required by law to collect your Personal Data. We will not sell, rent, or license your email address or any of your Personal Data.

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. How long we retain your Personal Data depends on the type of data and the legitimate purpose for which we process and/or retain the data.

‘Opt Out’

We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at any time by emailing the Privacy Officer or clicking unsubscribe on any direct marketing communications.

Please note certain non-marketing related correspondence from us, including messages relating to payment, will be automatically sent to you by virtue of your use of the Services and you may not have the option to unsubscribe from receiving this correspondence.

WHO WE DISCLOSE YOUR INFORMATION TO

You agree and consent to us disclosing your Personal Data to:

our directors, officers, employees, consultants, contractors and agents;
our existing or potential agents, business partners or joint venture entities or partners;
potential investors and financiers;
our sponsors or promoters (as advertised on our Services from time to time);
debt collection agencies and credit reporting bodies;
external counsel for the purpose of obtaining professional advice;
service providers with whom we have entered into an agreement with to help us provide the services, including marketing agencies, financial service providers, and technical support;
the police, government and regulatory authorities if we have reason to suspect you have committed a breach of our terms and conditions or have been engaged in unlawful activity, and we reasonably believe disclosure is necessary;
any third party with your express approval; and
where we are required to disclose such information by law or to otherwise prevent harm.

We will take reasonable steps to ensure that these third parties are bound by Australian privacy laws.

We may use de-identified wellbeing survey data, other survey data and data regarding use of our Services for purposes including research and analysis, case studies, marketing and improving and continuing to develop our Services.

You can withdraw your consent for us to share your Personal Data with third parties at any time by emailing our Privacy Officer (per the details at the end of this Privacy Policy), but please note that withdrawal of such consents may affect your ability to access and use the Services.

YOUR RIGHTS TO YOUR INFORMATION

You have a general right to access any Personal Information that is held about you by us, unless a valid exception applies. You can request this at any time by contacting our Privacy Officer. Please note that we cannot modify your Personal Information without your instruction. You can modify your own information at any time by emailing the Privacy Officer (per the details at the end of this Privacy Policy).

You acknowledge that it is your responsibility to maintain the truth, accuracy, and completeness of your information and your failure to do so may inhibit our ability to provide the Services to you. You acknowledge and agree that you remain solely responsible for maintaining the truth, accuracy, and completeness of your information at all times, and we shall have no liability to you or any third party arising from your failure to do the same.

In accordance with the GDPR, we acknowledge the additional rights of EU subjects to:

have their data erased that is no longer being used for a legitimate purpose;
request a copy of all Personal Data held about them in a readable format, along with supplementary information to verify that such Personal Data is being processed lawfully; and
request restricted processing of their Personal Data whilst any complaints or concerns are being resolved.

To erase, request, or restrict processing of your Personal Data, please email the Privacy Officer (per the details at the end of this Privacy Policy).

DIRECT MARKETING

For the purposes of this privacy policy, “Direct Marketing” is the promotion of goods and services directly to you including through emails, phone calls, SMS, push notifications and the post.

How we use your Personal Data for Direct Marketing is tightly controlled by the Privacy Act. We will follow those laws to ensure you only receive direct marketing in circumstances where you are expecting to. Under the Privacy Act we may use your Personal Data for the purposes of Direct Marketing if:

we collected the information directly from you; and
you would reasonably expect us to use or disclose your Personal Data for the purpose of direct marketing.

As set out above, we may use your Personal Data to provide you with information regarding our Services and your Usage Information to provide you with customised recommendations regarding use of our Services (either by email, SMS or through the Website/Apps).

Unless it would be impracticable or unreasonable, we need your consent when:

collecting your Personal Data from a third party for the purpose of Direct Marketing; or
you would not reasonably expect to receive the Direct Marketing.

If at any time you want to know who provided us with your Personal Data, then please send a request to the Privacy Officer (per the details at the end of this Privacy Policy). We will provide the details of that third party within a reasonable time and without charge.

We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from Direct Marketing, and as such these consents can be modified at any time by emailing the Privacy Officer (per the details at the end of this Privacy Policy) or clicking unsubscribe on any Direct Marketing communications. We will always provide a simple means for you to “opt-out” from receiving direct marketing, which typically involves an “opt-out” or “unsubscribe” link on emails, a check box on the collection notice or through a pop-up on your screen when you provide personal information on our Website or via the App.

We will not use or disclose your Personal Data for the purposes of Direct Marketing material if you have previously told us not to.

If at any time in the future you do not want us (or one of our service providers) to send you Direct Marketing material or you wish to cancel a previous consent, please inform us by contacting the Privacy Officer (per the details at the end of this Privacy Policy). We will affect the change in a reasonable time and without charge.

SECURITY

We protect your Personal Data through technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, or unauthorised access. No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, 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.

Notwithstanding the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner and, where our data breach involves the information of EU subjects, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.

We also train our personnel who may have access to your Personal Data about this Privacy Policy and our obligations under the Privacy Act, APPs, and GDPR. For more information on our internal policies, email the Privacy Officer (per the details at the end of this Privacy Policy).

THIRD PARTY LINKS

Please note that this privacy policy does not cover the information practices of third party websites which may be linked to our Services. Notwithstanding our encouragement for third parties to adopt similar privacy policies as ours, we are not responsible for their collection and use of your Personal Data. Please refer to the privacy policies and statements of the relevant third party website to obtain information regarding their information collection, use and disclosure policies.

OVERSEAS DISCLOSURE

We may, in the course of providing the services to you, transfer your Personal Data to overseas countries that are deemed by the EU Commission as having an ‘adequate’ level of Personal Data protection. Where we transfer data to a third party in a country where no adequacy decision has been made, we will take reasonable steps to ensure person or entity handling your data in those countries are bound under contract to meet the requirements of the Privacy Act, APPs, and GDPR (as applicable).

For the avoidance of doubt, we may transfer any data to an overseas third party with your express or implied consent, and the above condition only applies in the case of a data transfer or transmission to our related business entities in other countries.

CONTACT

Thank you for taking the time to read our Privacy Policy. If you have any questions regarding our Privacy Policy, you can contact our Privacy Officer at:

Forté Music Global Pty Ltd

Attn: Privacy Officer

PO Box 2260, New Farm QLD 4005

Email: info@fortemusic.app

If you are not satisfied with our handling of your Personal Data, or have any other concern over our Privacy Policy, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au) or with the European Data Protection Supervisor (for more information, please see https://edps.europa.eu).

You agree that we may use your Personal Data for legitimate purposes including, but not limited to, the following:

to prevent, detect and investigate potential illegal activities, security breaches and fraud;

‘Opt Out’

We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at any time by emailing the Privacy Officer or clicking unsubscribe on any direct marketing communications.

DIRECT MARKETING