Privacy Policy

1. Overview

This Privacy Policy describes how we handle your personal information for our Service on the Ben’s Jam Tracks website. It applies generally to information collected on the Ben’s Jam Tracks website, mobile application and content (collectively, the “Site”) or though the use of our Service. Capitalized terms used in this Privacy Policy shall have the meaning set forth herein or in the User Agreement posted on the Site.

The terms “we”, “me”, “us” and “our” refer to Benjamin Paul Harrison operating as “Ben’s Jam Tracks” ABN 99 739 198 526.

2. Types of Data We Collect

• We may collect and store the following Personal Data:
  • Transactional information based on your activities on the Site as a buyer (such as item and content you purchase)
  • Your contact information (such as your name, user ID, email address, and shipping, billing and other information you provide to purchase an item or receive delivery of an item.
• Information Automatically Collected:
  • When you access the Site, we, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity on our Site. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our Site, general location information such as city, state or geographic area; and information about your use of and actions on our Site, such as pages you viewed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected using cookies and similar technologies. Please refer to the Cookies and Similar Technologies section for more details.
• Social Media Networks and other Third Party Platforms:
  • We may also maintain pages for our company and our products on a variety of third-party platforms, such as Facebook, Twitter, Google+, YouTube, Instagram, and other social networking services. When you interact with our pages on those third-party platforms, the third-party’s privacy policy will govern your interactions on the relevant platform. If the third party platform provides us with information about our pages on those platforms or your interactions with them, we will treat that information in accordance with this Privacy Policy.
• Sensitive Personal Information.
  • We ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on the Sites, or otherwise to us. If you send or disclose any sensitive personal information to us when you use the Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Sites.

3. Cookies and Similar Technologies

What are cookies?

Cookies are small data files stored on your computer or mobile device by a website. Our Sites may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

Cookies we use

Our Site uses the following types of cookies for the purposes set out below:

• First-party essential cookies – These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” menus). Many browsers are set to accept cookies until you change your settings.

For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit http://www.allaboutcookies.org.

If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

4. Use of Your Personal Data

• facilitate the creation of and secure your account on our network;
• identify you as a User in the system;
• send you purchase e-mails;
• provide the Service and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our User Agreement;
• customize, measure and improve our Service and content;
• tell you about our Service, service updates, and promotional offers based on your communication preferences;
• compare information for accuracy, and verify it with third parties; and
• to comply with law: We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities. For compliance, fraud prevention and safety We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Sites; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
• With your consent. We will request your consent to use your personal information where required by law, such as where we would like to send you certain marketing messages. If we request your consent to use your personal information, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third party partners, you may withdraw your consent by contacting those partners directly.
• To create anonymous data. We may create Anonymous Data records from Personal Data by excluding information that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Service and improve site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

5. Our Disclosure of Your Personal Data

We may disclose Personal Data to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your Personal Data with:

• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• Third party payment processors to process payments made to us. Currently, we use FastSpring (the “Payment Processors”) to process our payments. Payment Processors may use personal information it collects when processing our payments as directed by us and for certain additional purposes. The information that the Payment Processors obtain in connection with processing our payments is subject to their own Privacy Policies which can be accessed at the following links: FastSpring Privacy Policy.
• Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us or you to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, e-mail address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
• Other business entities with which we perform a business transaction (or potential business transaction), such as a merger, consolidation, or acquisition, in which case we will make reasonable efforts to require that the recipient follow this Privacy Policy with respect to your Personal Data. In the event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset.

6. Your Choices

Changing and Deleting Your Personal Data

You may change any of the Personal Data associated with your account by sending an e-mail to us at [email protected]. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Upon your request, we will remove your Personal Data as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain Personal Data from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law.

Marketing communications

You may opt out of marketing-related emails by clicking on the Unsubscribe link at the bottom of our marketing emails, or by contacting us at [email protected]. You may continue to receive service-related and other non-marketing emails.

Targeted online advertising

Some of the business partners that collect information about users’ activities on our Sites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here: http://www.networkadvertising.org/choices, or the Digital Advertising Alliance by clicking here: http://www.aboutads.info/choices. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here: https://www.youronlinechoices.eu/, selecting the user’s country, and then clicking “Choices” (or similarly-titled link). Mobile app users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here: https://www.youradchoices.com/appchoices, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

In addition, your mobile device settings may provide to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

Do Not Track Signals

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not currently respond to do not track signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information

Where we are required by law to collect your personal information, or where we need your personal information in order to provide our services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the services by designating it as required in or on the Sites or through other appropriate means.

7. Security

Your order information is stored on our servers located in Australia. We do not collect or store any payment information (e.g. credit or debit card details) on our website. All payment processing is handled through secure third-party methods via FastSpring.

We take reasonable steps (including any measures required by law) to protect and secure your personal information from loss, unauthorised access, use, modification or disclosure, and against other misuse. We also take reasonable precautions to ensure that any information you provide to us through our website is transferred securely from our servers through use of Secure Sockets Layer (SSL) protocols.

However, no data protection and security measures are completely secure. Despite all the measures we have put in place, we cannot guarantee the security of your information, particularly in relation to transmissions over the internet.

Accordingly, any information which you transmit to us is transmitted at your own risk. You must take care to ensure you protect your information and you should notify us as soon as possible after you become aware of any security breaches.

If a data breach occurs, such as if personal information that we hold is subject to unauthorised loss, use or disclosure, we will respond in line with the Office of the Australian Information Commissioner’s Data breach notification guidelines. We will aim to provide timely advice to you to ensure you are able to manage any loss—financial or otherwise—that could result from the breach.

When the personal information we collect is no longer required, we delete or destroy it in a secure manner, unless we are required to maintain it because of a law, or court or tribunal order.

8. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites and in the app stores where our mobile applications are available for download. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Sites.

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Sites (or as otherwise indicated at the time of posting). In all cases, your continued use of the Sites after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

9. Contact Information

If you have any questions or concerns at all about our Privacy Policy, please feel free to email us at [email protected].