JamTime Privacy Policy  

1.    Introduction

(a)      The JamTime App and the Services made available through the JamTime App is created and controlled by JamTimeGo Pty Ltd (ACN 689 962 285) (JamTime, we, us or our).

(b)      We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

(c)      By downloading, accessing and using the JamTime App and Services, you agree to this Privacy Policy. 

(d)      This Privacy Policy outlines how we collect, store, use and disclose your Personal Information and how you may access your Personal Information kept by us or how you may make a privacy complaint.

(e)      For the purposes of this Privacy Policy, JamTime App, Services, Student and Teachers have the same meaning under the JamTime App Terms and Conditions. 

2.    The information we collect about you

2.1.  Personal information 

(a)      Personal information has the same meaning that it has under Privacy Act, namely, information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

(b)      We collect, store and use Personal Information and Non-Personal Information from users who access and use the JamTime App and Services and other individuals who interact with us. 

(c)      We will only collect and hold Personal Information and Non-Personal Information about you that is reasonably necessary to undertake our business activities and functions, to make the JamTime App and Services available to you, or as otherwise permitted by law. 

2.2.  Students

We collect and hold Personal Information about Students as well as information or data that does not contain Personal Information. For example, the type of Personal Information and Non-Personal Information that we collect includes:

(a)      your registration information (for example, your full name, email address, date of birth) and your account credentials (such as your username and password created by you as a user of the JamTime App);

(b)      any content, information and other data about you that a Teacher publishes, posts or shares with you on, or via, the JamTime App (including, but not limited to, homework, notes, files and video recordings of the Student practicing or playing a musical instrument); 

(c)      your email address or mobile phone number when a Teacher invites you to download, access and use the JamTime App and Services; 

(d)      information about how you interact and communicate with other Teachers, or via, the JamTime App; and

(e)      other information that you provide to us or that we may collect in the course of our relationship with you.

2.3.  Teachers

We collect and hold Personal Information about Teachers as well as information or data that does not contain Personal Information. For example, the type of Personal Information and Non-Personal Information that we collect includes:

(a)      your registration information (for example, your full name, email address, date of birth) and your account credentials (such as your username and password created by you as a user of the JamTime App); 

(b)      any content, information and other data that you publish, post or share with you a Student on, or via, the JamTime App (including, but not limited to, homework, notes, files and video recordings of the Teacher demonstrating or playing a musical instrument); 

(c)      your email address or mobile phone number when a Student invites you to download, access and use the JamTime App and Services;

(d)      information about how you interact and communicate with other Students, on or via, the JamTime App; and    

(e)      other information that you provide to us or that we may collect in the course of our relationship with you.

 2.4.  Other information

(a)      We may also collect some information that is not Personal Information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use the JamTime App; and

(b)      device information which is automatically collected from you when you visit and navigate through the JamTime App, our website and use the Services. Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the JamTime App, our website or our Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the JamTime App, our website and other usage statistics.

 2.5.  Children’s policy

(a)    We may collect Personal Information from children (persons under the age of 18 years) when Student a downloads, accesses and uses the JamTime App and Services and otherwise when a Teacher communicates or interacts with a Student who is under the age of 18 years within the JamTime App, and we only use and disclose Personal Information a child for the purpose of providing the JamTime App and Services to the Student.

(b)    To protect children who use the JamTime App, we have put safeguards in place, such as:

(i)      requiring Teachers to comply with our Acceptable User Policy and if a Teacher fails to comply with our Acceptable User Policy, we will terminate their account or right to access and use the JamTime App; and

(ii)    allowing Students to complain or report conduct to JamTime (such as the posting of images or videos) that breaches the privacy rights of a child or otherwise contravenes the JamTime App User Terms and Conditions.

(c)    If we become aware that any Personal Information relating to a child has been provided without the consent of a parent or guardian, we will use reasonable endeavours to:

(i)      delete the Personal Information from all relevant files as soon as possible; or

(ii)    ensure, where deletion is not possible, that the Personal Information is not used further for any purpose or disclosed further to any Authorised Third Parties.

(d)    If any parent or legal guardian has queries regarding our collection, use, processing or disclosure of Personal Information relating to their child should contact us using the details below.

2.6.  Sensitive Information

We do not collect your Sensitive Information (as defined by the Privacy Act).

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3.     Collection

3.1.  Directly from Students and Teachers

(a)    We will collect Personal Information and Non-Personal Information about Teachers and Students in a number of different ways. We may collect Personal Information and Non-Personal Information directly from Teachers and Students. For example:

(i)         if you are a Teacher, when:

(A)       you set up and create an account on the JamTime App and when you access and use the JamTime Appand Services;

(B)       you create, post, exchange and publish content, information, and other data on, or via the JamTime App; and

(C)       Students lodges a complaint with us about a Teacher.

(ii)        if you are a Student, when:

(A)     you set up and create an account on the JamTime App and when access and use the JamTime App and Services; 

(B)       a Teacher creates, posts, shares and publishes content, information, and other data about the Student on, or via the JamTime App; and

(C)     a Teacher lodges a complaint with us about a Student. 

(iii)       when you visit our website or contact or correspond with us online (for example, when you complete online forms, lodge a complaint about another user, request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey.

3.2.  Collection from third parties

(a)          We may also collect Personal Information and Non-Personal Information about Students and Teachers from publicly available sources and third parties, including:

(i)           when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third-party contractors);

(ii)          if you use:

(A)         our social media sites or applications; or

(B)         other third-party products and services that interact with, or connect with, the JamTime App and the Services (such as our third-party payment processors);

(b)          If you provide us with Personal Information about other users of the JamTime App or another individual (as their authorised representative), we rely on you to: 

(i)           inform them that you are providing their Personal Information to us; and  

(ii)          advise them that they can contact us for further information. 

(c)          You must take reasonable steps and to the extent required by law to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.

3.3.  Third-party payment processor

We use a third-party payment processor, Apple Pay, to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third-party processor, Apple Pay, whose use of your Personal Information is governed by their privacy policy, which may be viewed at www.apple.com/au/legal/privacy/data/en/apple-pay. 

4.    How we use your Personal Information 

4.1.  Purposes of use and disclosure

(a)          We only use, process and disclose Personal Information for the purposes for which it is collected. 

(b)          In particular, we use, process and disclose Personal Information  

(i)           to provide or deliver the JamTime App and the Services to Students and Teachers; 

(ii)          to inform you about the JamTime App, our website, the Services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the JamTime App or other matters which we believe are of interest to you;

(iii)         to manage, administer, improve, test, develop and upgrade the JamTime App, website and our Services, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the JamTime App;

(iv)         to share with our Authorised Third Parties; 

(v)          to verify your identity;

(vi)         to comply with regulatory or other legal requirements;

(vii)        for direct marketing purposes (see section 5 below); 

(viii)       for any purpose to which you have consented; and

(ix)         for any other purpose notified to you at the time of collection.

(c)          In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you. 

4.2.  Disclosure to Authorised Third Parties

(a)          In order to provide or deliver the JamTime App, our website and Services to you, we may disclose Personal Information and Non-Personal Information to:

(i)           our related body corporates, business partners, service providers, third party contractors, agents or suppliers; 

(ii)          authorised external service providers who perform functions on our behalf, such as internet and technology services providers, app and website software developers (e.g Appetiser), hosting and data storage companies, accounting and bookkeeping service providers, marketing, advertising and security service providers, third party payment processors (eg Apple Pay), fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers; and

(iii)         external business advisors, such as accountants, auditors, lawyers, insurers and financiers. 

(collectively, Authorised Third Parties).

(i)           Prior to the disclosure of Personal Information to Authorised Third Parties, we will take such steps as reasonable in the circumstances to ensure that the Authorised Third Parties treat your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.

(b)          Our Authorised Third Parties may also provide us with Personal Information collected from you. If you disclose Personal Information to any Authorised Third Parties, we rely on you to provide the Authorised Third Parties with consent for us to collect, store, use, process, alter and disclose your Personal Information.

(c)          We may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard. 

4.3.  Overseas disclosure

(a)          In the course of providing you with access to, and use of, the JamTime App, our products or services, it may become necessary or desirable to disclose Personal Information to an Authorised Third Party located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to our third-party payment processors located outside of Australia, including United States and elsewhere in the world.

(b)          The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, we will take reasonable steps to ensure that your Personal Information is treated securely, and that the means of transfer provides adequate safeguards.

4.4.  Disclaimer

(a)          We will not disclose your Personal Information to any third party (other than our Authorised Third Parties) without your written consent, unless: 

(i)           we are otherwise required by the relevant Privacy Laws; 

(ii)          we are permitted to under this policy; or 

(iii)         such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the JamTime App. 

(b)          This policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5.    Direct marketing

5.1.  Your consent

(a)          We may use and disclose your Personal Information to send you information about the JamTime App, our website and the Services we offer as well as other information that may be of interest to you. 

(b)          These communications may continue, even after you stop using the JamTime App or our Services. 

5.2.  Communication channels

(a)          We may send this information to you via the communication channels specified at the time you provide your consent. 

(b)          These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on our site.

5.3.  Opting-out

You can opt out of receiving these communications by:  

(a)          contacting us using the details below; or

(b)          using the unsubscribe function in the email or SMS.

6.    Storage and security 

6.1.  Protecting your Personal Information

(a)          We will take steps that are reasonable in the circumstances to ensure that the Personal Information that we hold are protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

(b)          We protect your information using physical, technological and administrative security measures to minimise and manage the risks of unauthorised access, disclosure, use and alteration of Personal Information.

(c)          Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.

(d)          Wherever possible, we procure that Authorised Third Parties who have access to your Personal Information take reasonable steps to:

(i)           protect and maintain the security of your Personal Information; and 

(ii)          comply with the relevant Australian Privacy Principles when accessing and using your Personal Information.

6.2.  No guarantee

(a)          The transmission of information via the internet is not completely secure. While we do our best to protect Personal Information, we cannot guarantee the security of any Personal Information transmitted through the JamTime App. 

(b)          You provide your Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, such Personal Information.

6.3.  Destruction of Personal Information

We will destroy or de-identify Personal Information where it is no longer required, unless we are required or authorised by law to retain the information.

6.4.   Notifiable Data Breaches Schem

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

7.    Cookies and Analytics 

7.1.    Cookies 

(a)          We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. 

(b)          We use this information to analyse how visitors use our website and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of our website. 

7.2.    Apple Analytics

(a)          Services that our website may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the JamTime App. 

(b)          By using the JamTime App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.

8.    Accessing and correcting your Personal Information

(a)          We take steps reasonable in the circumstances to ensure Personal Information we hold is accurate, current, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information (and the Personal Information of a Student under 18 years of age if you are their parent or guardian) that is collected and held by us.

(c)          If at any time you would like to access or correct the Personal Information we hold about you, or you would like more information about our approach to privacy, please contact us via the contact details set out in section 12 below. We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct Personal Information where necessary and appropriate.

(d)          To obtain access to your Personal Information:

(i)           you will have to provide proof of identity to ensure that Personal Information is provided only to the correct individuals and that the privacy of others is protected; and

(ii)          we may charge you a reasonable administration fee, which reflects our costs in providing you with access to your Personal Information in accordance with your request.

(e)          If we refuse your request to access or correct your Personal Information, we will provide you with written reasons for the refusal and details of complaint mechanisms.

9.    Consent

You expressly and freely acknowledge and agree that JamTime, our Authorised Third Parties and each of their officers, employees, agents and contractors are permitted to collect, process, use, share, store, disclose, alter and destroy your Personal Information in accordance with this Privacy Policy and the Privacy Act. 

10.  Changes to the policy

(a)          We may amend this policy from time to time at our sole discretion. 

(b)          Any revised policy will be posted on the JamTime App and effective from the time of posting. 

(c)          Your continued use of the Services or the JamTime App following the posting of any revised policy indicates your acceptance of the changes to the policy. 

(d)          You should regularly check and read the policy.

11.  Complaint

(a)          If you have any issues about this policy or the way we handle your personal information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

(b)          At all times, privacy complaints:

(i)           will be treated seriously;

(ii)          will be dealt with promptly;

(iii)         will be dealt with in a confidential manner; and

(iv)         will not affect your existing obligations or your commercial arrangements with us.

(c)          Our Privacy Officer will endeavour to:

(i)           respond to you within 14 business days; and

(ii)          investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.

(d)          If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.

12.  Contact us

 If you have any complaints or issues you wish to raise with us regarding the way we have handled Personal Information or would like to discuss any issues about our Privacy Policy, please contact us directly by email at enquiries@jamtime.com.