Privacy

Privacy Policy 

Bandwagon Music Pty Ltd, (“Bandwagon”, “we” or “us”), is a web and smartphone application platform (the “App”) that connects people 1-on-1 for real time, on-demand, live video Mentoring Sessions. For the purposes of these Terms and Conditions, a Bandwagon Mentor herein is defined as “an experienced adviser with exemplary professional skill in the Arts and Entertainment Industries”.

We respect the privacy of our Mentors and Mentees (as defined below) and are committed to protecting that privacy through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you access or use the App, the website located at https://bandwagonhub.com/privacy (“Website”), or any of our other products or services (the App, the Website, and any of our other products or services, collectively, the “Services”) along with our practices for collecting, using, maintaining, protecting and disclosing that information.

The Services are made available to both Mentors and Mentees. For purposes of this Privacy Policy, a “Mentee” is anyone who signs up for a Bandwagon Mentee profile in order to connect with a Mentor. A “Mentor” is anyone who creates a Mentor profile for the purposes of sharing his or her time and/or skills or interests for payment and/or charity. A person can be both a Mentor and a Mentee, but not in the same transaction. We are a platform designed and owned by Bandwagon Music Pty Ltd to facilitate paid interactions between Mentors and Mentees via video and audio chat sessions. Mentees and Mentors can share files and media inside the App for use only inside the App. In this Privacy Policy, Mentors and Mentees are referred to collectively as “you.

This Privacy Policy applies to information we collect on, or through your use of the Services, in email, text-based SMS, other electronic alerts and messages between you and us, and through any mobile and desktop applications that you use in connection with the Services.  This Privacy Policy does not apply to information that you provide to, or is collected by any third-party whether through or in connection with your use of the Services or otherwise, including through any third-party application or content (including advertising) that may link to or be accessible from or on the Services.  You agree and acknowledge that we have no duty or responsibility to maintain and safeguard any information you may provide to, or is collected by, any third party whether through or in connection with your use of the Services or otherwise.

This Privacy Policy is incorporated by reference into our Terms of Service, found at https://support@bandwagonhub.com/terms (“Terms of Service”). Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access or use the Services. By accessing or using the Services, you agree to this Privacy Policy.

This Privacy Policy may change from time to time (see “Changes to Our Privacy Policy” below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Collection of Information

Information We Collect About You 

We collect several types of information from and about Mentors and Mentees, some of which is personally identifiable and some of which is non-identifying or aggregated, including but not limited to:

  • information by which you may be personally identified, such as name, postal address, e-mail address, mobile telephone number, or any other identifier by which you may be contacted online or offline, social security number, birthday, credit card or debit card information, and related billing information, including but not limited to bank name and account and routing number (BSB Number), business/entity type, and billing address (“personal information”), including payment information collected and processed by Stripe (see “Collection of information by Third Party Providers” below);
  • information that is about you but individually does not identify you; and/or
  • information about your internet connection, the equipment both software and hardware you use to access the Services and usage details.

Information You Provide to Us 

The information we collect on or through the App, the Website, email, text, files, media, audio, video or otherwise through your use of the Services may include:

  • Information that you provide about yourself or others by using our services, including information provided at the time of registering or subscribing to use our Services (such as username, password, e-mail address, and all other information that you add to your account or Profile), posting material or requesting further Services.
  • Records and copies of your correspondence, if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of any transactions that you carry out through the Services.

You also may provide information to Mentors and Mentees or third parties, including, but not limited to, any messages, ratings, videos, photos, files, metadata, sounds, and music that are viewable or accessible through the App and any text, emails, pictures, videos, audio, files, media, block data, analytical data, network transport packets, reports, documents, and/or metadata that you have sent or received during Bandwagon sessions (“Content”). Content is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of Mentors and Mentees. Therefore, we cannot and do not guarantee that Content will not be viewed by unauthorized persons. You should not submit, transmit, or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information may be viewable and searchable by Mentors and Mentees and third parties on indexing websites such as Google, and may be disclosed to third parties under certain circumstances as provided herein.

Why We Collect Information

The information we collect helps us to improve the Services and to deliver a better and more personalized experience, including by enabling us to estimate size and usage patterns, store information about your preferences, allowing us to customize our Services according to your individual interests, connect you with Mentors and Mentees as applicable, and recognize you when you use the Services.

Legal Bases for Processing

We process personal data for, or based on, one or more of the following legal bases:

  • Performance of a Contract. We use personal data to enter into and to perform under, an agreement between us.
  • Legitimate Interests. We use personal data for our legitimate interests, including contact information, Service interaction, and Website usage data.
  • Compliance with Legal Obligations and Protection of Individuals. We may use personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
  • Your Consent. We process certain personal data because you have given us your consent to process it in that manner.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Services, and any other information or products that you request from us.
  • Present our App and Website and their contents to you.
  • Fulfil any other purpose you might require from our Services.
  • Give you notices about your account.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, if applicable, for billing and collection.
  • Notify you when updates to the Services are available, and about changes to any products or services we offer or provide though our Services.
  • Contact you about our own and third parties’ goods and services that may be of interest to you.
  • Enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Additionally, we may use information that we collect about you or that you provide to us in other ways that will allow us to provide further services, products or any other information for any other purposes with your consent. Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please email support@bandwagonhub.com.

Disclosure of Your Information

We may disclose anonymised, de-identified or aggregated information about our Mentors and Mentees, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service, found at https://bandwagonhub.com/terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may also share aggregated, non-personally identifiable information publicly, including with partners or the press, in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.

Your Choices About Our Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms to control certain uses and disclosures of your information.   If you do not want your information collected, used, and disclosed as described in this Privacy Policy, you should not submit your information to the Services.

Tracking Technologies

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

Location Information

You can choose whether or not to allow the App and/or Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App and/or Website may then be inaccessible or not function properly.

Your Rights Regarding Data

Certain laws provide individuals with enhanced rights in respect of their personal data. These rights may include, depending on the facts and circumstances surrounding, and in certain cases the legal basis for, the processing of personal data, the following:

  • The right to be informed of whether we hold personal data about you.
  • The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
  • The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (a) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (b) performance of a task in the public interest;
  • The right to challenge the accuracy and completeness of your personal data and have it amended as appropriate;
  • The right to be provided with information about our policies and practices with respect to the management of personal data, including: (a) the name or title, and address, of the person who is accountable for our privacy policies and practices; (b) the means of gaining access to personal data; (c) a description of the type of personal data held by us, including a general account of its use; (d) a copy of any brochures or other information that explain our policies, standards, or codes; and (e) what personal data is made available to related organizations;
  • The right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
  • The right to delete and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Where required by applicable law, we will respond to a valid request relating to your rights within one month of receipt, or within two months where a request is complex or challenging. Note that we may need to request additional information from you to validate your request.

Under certain conditions, you may have the right to require us to:

  • Provide you with further details on the use we make of your personal information
  • Provide you with a copy of the personal information we hold about you
  • Update any inaccuracies in the personal information we hold about you
  • Delete any of your personal information that we no longer have a lawful ground to use
  • Where processing is based on consent, stop that particular processing by withdrawing your consent
  • Object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights
  • Restrict how we use your personal information whilst a complaint is being investigated
  • Transfer your personal information to a third party in a standardized machine-readable format.

Accessing, Modifying, Rectifying and Correcting Collected Data

We strive to maintain the accuracy of any personal data collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Accordingly, please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

Withdrawing Consent

If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.

Accessing and Correcting Your Information

You may review and update your account information by logging into your account and visiting your account profile or settings page.

If you delete content from the Services, copies may remain viewable in cached and archived pages, or might have been copied or stored by us, Mentors or Mentees.  Proper access and use of information provided on the Services, including Content, is governed by our Terms of Service.

Collection of information by Third Party Providers

Bubble Group Inc.

The personal information that you provide to us will be collected, stored, and processed in accordance with our Privacy Policy. Bandwagon Music Pty Ltd uses Bubble Group, Inc’s services to store and process your information in accordance with Bubble Group’s policies, terms, and agreements, available at https://www.bubble.io/terms, with additional information on their privacy policy being found here https://www.bubble.io/privacy. By using the Bandwagon service, you agree to be bound by Bubble Group’s terms and privacy policy. Bandwagon Music Pty Ltd may choose to move object storage data from Bubble Group to Apple iCloud, AWS, Microsoft Azure, Google Cloud, GFS and/or Object Dataflow without notice.

Jitsi

The Bandwagon App uses 8×8 Jitsi as a Service platform in order to provide interactive video and voice capabilities, in accordance with their terms of service and privacy policy. By using the Services, you agree to be bound by 8×8’s terms of service and privacy policy, found here https://www.8×8.com/terms-and-conditions and here https://www.8×8.com/terms-and-conditions/privacy-policy respectively.

Stripe 

All payment transactions made through the Services are processed by:

  • Stripe, a service offered by Stripe, Inc. and
  • Stripe is used for payment and payout processing for Mentees and Mentors. 

Payment transactions are processed in accordance with Stripe, Inc.’s terms and privacy policy, available on Stripe, Inc.’s website, https://stripe.com/. By using this Service, you agree to be bound by Stripe Inc.’s terms and other agreements.

Other Third-Party Collection of Information

Some content or applications, including advertisements, on the Services may be served by third-parties, including advertisers, ad networks and servers, content and application providers, and your mobile device manufacturer and mobile device service provider. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on Bubble Group Inc.’s servers. Any information you provide to us through your use of the Services will be encrypted using industry standard technology. As detailed more fully in our Terms of Service, all payment transactions are processed through Stripe, a service offered by Stripe, Inc. Payment information is passed directly via SSL encryption to Stripe for payments and payouts for payroll; credit card information provided through Stripe is kept in Stripe’s servers.  We secure the transport using HTTPS to encrypt data to and from the servers, Mentees, and third-party providers.

The safety and security of your information also depends on you.  You are responsible for keeping your account information and password confidential.  We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure.  Although we do our best to protect your personal information and take reasonable steps to ensure that our Website and App are secure, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures we provide.

Data Retention

We take every reasonable step to ensure that your personal data is only processed for the minimum period necessary for the purposes set out in this Privacy Policy.

The criteria for determining the duration for which we will keep your personal data are as follows: we will retain copies of your personal data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period. In particular, we may retain your personal data for the duration of any period necessary to establish, exercise or defend any legal rights.

Changes to Our Privacy Policy

Any changes we make to our Privacy Policy will be posted on this page. If we make material changes to how we treat your personal information, we will notify you through a notice on the App, on the Website, and/or by any other reasonable means.  The date that the Privacy Policy was last modified is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.