This privacy policy applies to all Personal Information collected by Gyrostream Pty Ltd, Digital Music Services Pty Ltd, Digital Music Publishing Services Pty Ltd and each of their subsidiaries and affiliates (collectively referred to as the “Platform Host”) through its website gyrostream.com (the “Platform”) and the products and services made available through the Platform (the “Platform Services”).
Privacy Policy
1
WHAT INFORMATION DOES THE PLATFORM HOST COLLECT?
The kind of Personal Information that the Platform Host collects from you will depend on how you use the Platform and the Platform Services. The Personal Information which the Platform Host will typically collect and hold about you may include:
a.
personal details such as your name, email address, telephone number, and postal address;
b.
account details such as username, password and location information;
c.
payment details such as bank account details, PayPal account number, transferWise account number and credit card details; and
d.
music record and composition details such as information relating to ownership, licencing, performance rights, artwork and metadata.
2
TYPES OF INFORMATION
The Privacy Act 1988 (Cth) (the “Privacy Act”) defines types of information, including Personal Information and Sensitive Information.
a.
Personal Information
Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
i.
whether the information or opinion is true or not; and
ii.
whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.
b.
Sensitive Information
Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive Information will be used by the Platform Host only:
i.
for the primary purpose for which it was obtained;
ii.
for a secondary purpose that is directly related to the primary purpose; and
iii.
with your consent or where required or authorised by law.
3
HOW THE PLATFORM HOST COLLECTS YOUR PERSONAL INFORMATION
a.
The Platform Host may collect Personal Information from you whenever you input such information into the Platform or the Platform Services or provide it to the Platform Host in any other way.
b.
The Platform Host may also collect cookies from your computer which enable the Platform Host to tell when you use the Platform or the Platform Service and also to help customise your service experience. As a general rule, however, it is not possible to identify you personally from the Platform Host’s use of cookies.
c.
The Platform Host generally does not collect Sensitive Information, but when the Platform Host does, the Platform Host will comply with paragraph 2(b).
d.
Where reasonable and practicable the Platform Host collects your Personal Information from you only. However, sometimes the Platform Host may be given information from a third party, in cases like this the Platform Host will take steps to make you aware of the information that was provided by a third party.
4
PURPOSE OF COLLECTION
a.
The Platform Host collects Personal Information for the following purposes:
i.
to carry out the Platform Host’s business, assess artists’ needs and provide the Platform and the Platform Services;
ii.
to fulfil administrative functions associated with the Platform and the Platform Services (for example for billing, payments and entering into contract with you and/or third parties), keeping in touch with you about developments in the Platform Host’s business;
iii.
to comply with any legal or regulatory obligations; and
iv.
to notify any regulatory authority, court or tribunal, artist or band, copywrite owner or licence holder or any other relevant third party of any actual or apparent breach of the Platform Host’s Terms of Use, infringement of the intellectual property rights of any third party or breach of any law, regulation or rule in any jurisdiction by you.
b.
The Platform Host customarily only discloses Personal Information to the Platform Host’s service partners who assist in operating the Platform and the Platform Service. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
c.
By using the Platform or the Platform Service, you consent to the receipt of direct marketing material. the Platform Host will only use your Personal Information for this purpose if the Platform Host has collected such information directly from you, and if it is material of a type which you would reasonably expect to receive from the Platform Host. the Platform Host does not use sensitive Personal Information in direct marketing activity. the Platform Host’s direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.
d.
By using the Platform or the Platform Service, you consent to the Platform Host to disclosing your Personal Information to any regulatory authority, court or tribunal, artist or band, copyright owner or licence holder or any other third party with an apparent interest in connection with any actual or apparent breach of the Platform Host’s Terms of Use, infringement of the intellectual property rights of any third party or breach of any law, regulation or rule in any jurisdiction by you.
5
SECURITY, ACCESS AND CORRECTION
a.
The Platform Host stores information in electronic files or other electronic record keeping methods in databases (including third-party storage providers based in Australia and overseas). The Platform Host takes reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure.
b.
The Platform Host maintains physical security over electronic data stores, such as through locks and security systems at the Platform Host's premises. the Platform Host also maintains computer and network security, for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to the Platform Host’s computer systems.
c.
The Services do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of the Platform or the Platform Services are encouraged to exercise care in sending Personal Information via the internet.
d.
The Platform Host takes steps to destroy or de-identify information that the Platform Host no longer requires.
6
COMPLAINT PROCEDURE
a.
If you have a complaint concerning the manner in which the Platform Host maintains the privacy of your Personal Information, please contact the Platform Host on the contact details set out at the bottom of this privacy policy.
b.
All complaints will be considered by our privacy officer and the Platform Host may seek further information from you to clarify your concerns. If the Platform Host agrees that your complaint is well founded, the Platform Host will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner (OAIC).
7
OVERSEAS TRANSFER
Your Personal Information may be transferred overseas or stored overseas for a variety of reasons including (without limitation) in order to provide the Platform and the Platform Services. It is not possible to identify each and every country to which your Personal Information may be sent. You consent to the Platform Host transferring your Personal Information to any location worldwide. If your Personal Information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principals (the “APP”), and where there are mechanisms available to you to enforce protection of your Personal Information under that overseas law, the Platform Host will not be liable for a breach of the APP if your Personal Information is mishandled in that jurisdiction. If your Personal Information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, the Platform Host will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the APP.
8
GDPR
In some circumstances, the European Union General Data Protection Regulation (the “GDPR”) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. The Service does not specifically target customers located in the European Union and the Platform Host does not monitor the behaviour of individuals in the European Union, and accordingly, the GDPR does not apply.
9
HOW TO CONTACT THE PLATFORM HOST ABOUT PRIVACY
If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about the Platform Host’s privacy practices, you can contact the Platform Host using the following details:
Gyrostream Privacy Officer
Address: 279 Brunswick Street, Fortitude Valley, Queensland, Australia, 4006
Email address: support@gyrostream.com
Telephone number: +61 (07) 3193 6090
This Privacy Policy was last updated on 25 September 2024
