1. INTRODUCTION

1.1. This is the Privacy Policy for the suite of Tim Topham (TT) websites located at www.topmusic.co, topmusicmarketplace.com, musicteacherstartup.com and pianopivotlive.com (“Site”).

1.2. The data controller and owner/operator of this Site is Top Music Education Pty Ltd (ACN 614 368 099) of Suite 1319, 401 Docklands Drive, Docklands VIC 3008 (“TT” or “us” or “we”).

1.3. Please read this Privacy Policy carefully as it explains in general terms how TT protects the privacy of your personal information. By submitting your personal information to us you agree that we may use such information in accordance with this Privacy Policy.

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

2.1. We collect your personal information directly from you via the Site. For example, when you join our mailing list or when you sign up as a member of the Site. We may also collect certain information when you contact us including via phone and email.

2.2. The type of personal information we collect about you may include your name, e-mail address, postal address, birthday, phone number and other information about you.

2.3. We only collect information that is necessary to allow us to provide our services to you.

2.4. We may store the data that we collect from you at a destination located outside the European Economic Area (“EEA”). When you submit your personal data to us, you are agreeing that we can transfer, store or process your information in this way. We shall take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

3. OUR DISCLOSURE STATEMENT

3.1. When we collect your personal information we will tell you why we are collecting it and how we plan to use it, or these things will be obvious when we collect your information.

3.2. It is your responsibility to ensure the personal information held by us is accurate, up to date and complete. If you need to update your information with us please contact privacy@topmusic.co.

4. HOW WE USE OR DISCLOSE YOUR PERSONAL INFORMATION

4.1. We will use and disclose personal information for the primary purpose for which it was collected. We may also use and disclose personal information for purposes related to the main reasons we collect it, such as invoicing, sending reminder notices, and providing you with information relating to us and our services. Other uses of your personal information may include:

• sending you our e-newsletters;
• providing you with information, products or services as requested by you or which we feel you may be interested in;
• carrying out our obligations arising from any contracts you have entered into with us;
• allowing you to participate in interactive features of our service if they have been previously selected by you; and
• notifying you about changes to our service or this Privacy Policy.

4.2. If you do not want to receive any further communications from us please contact us via privacy@topmusic.co.

4.3. We do not disclose the personal information we collect to third parties for the purpose of allowing them to direct market their products and services unless you have consented to such disclosure.

4.4. You have the right to ask us not to use your data for direct marketing at any stage. This request may be made by contacting us via privacy@topmusic.co. We will process your request within one calendar month of receiving it.

4.5. We may disclose your personal information in the following circumstances:

• If we sell or buy any business assets (or the business itself) and are required to disclose personal information to prospective buyers or sellers;
• If we are required by law to disclose such information;
• If we need to use such information to enforce our Terms and Conditions, or to protect the rights, property or safety of ourselves or others.

5. USE OF AGGREGATE DATA

5.1. We may collect certain non-personal information to optimise the services we provide to you (for example the identity of your browser, the type of operating system you use, your IP address and the domain name of your service provider).

5.2. We may use and disclose non-personally identifiable information in aggregate form to improve the Site and our services and to assist our advertising partners with targeted advertising.

6. SECURITY

6.1. We strive to ensure the security, integrity and privacy of personally identifiable information of our Users. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Although we use best efforts to maintain security of your information, unfortunately no data transmission over the Internet can be guaranteed to be totally secure and you acknowledge that we will not be liable in the event that your personal information is accessed or disclosed due to reasons beyond our control, including but not limited to hacking from a third party.

7. CAN-SPAM COMPLIANCE & OPTING OUT

7.1. In compliance with the CAN-SPAM Act, when we send you an email we will clearly state who the e-mail is from and provide clear information on how to contact us. In addition, all emails from us will also contain instructions on how to remove yourself from our mailing list.

8. PUBLIC INFORMATION

8.1. All information posted by a User on any of the Site forums, social media accounts and/or communicated in comment and chat areas of the Site is public information and is accessible by other Users of the Site. While we strive to protect and respect your privacy, you acknowledge that any information that you disclose any of the public forums on the Site will be seen by other Users.

9. COOKIES

9.1. Our Site may use ‘cookies’ which is when a website transfers certain data to an individual’s hard drive for record-keeping purposes. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. When you first use the Site you will be given the opportunity to choose whether you want to allow cookies. You can change your mind regarding your use of cookies at any time by going to topmusic.co/cookie-declaration.

10. LINKS TO THIRD PARTY SITES

10.1. We are not responsible for the content or practices of websites operated by third parties that are linked to our Site. These links are meant for your convenience only and you agree that once you leave our Site via such a link, you are responsible for checking the applicable privacy policy of the third party site.

10.2. Payment information is collected by third party merchants. Your payment information is handled in accordance with the relevant merchant’s terms and conditions and privacy policy. It is your responsibility to review and accept such terms before entering your payment information into the Site.

11. ACCESSING YOUR INFORMATION

11.1. We will, on request, provide you with access to your personal information. Your request to obtain access will be processed within one calendar month.

11.2. We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If any of the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will update your record within one calendar month.

12. WITHDRAWING CONSENT

12.1. At any stage during use of our site, you may withdraw your consent for our use of your personal information. This may be done by contacting us via privacy@topmusic.co.

13. RETENTION OF YOUR PERSONAL INFORMATION

13.1. We keep your data as long as reasonably necessary for the legitimate business or legal purposes of TT.

13.2. You can choose to delete your personal information at any time by contacting us on the details listed below. Requests for deletion of personal information will be processed within one calendar month.

14. HOW TO CONTACT US

14.1. If you wish to gain access to your personal information or make a complaint about a breach of your privacy or if you have any query on how your personal information is collected or used or any other query relating to TT’s Privacy Policy and/or Terms and Conditions please email privacy@topmusic.co.