Privacy Policy

VINYL PRIVACY POLICY

(Last updated: 24 February 2024)

Vinyl Group Ltd, Vinyl Group Operations Pty Ltd and Vinyl, Inc. - Commitment to Privacy

Vinyl Group Ltd (“Vinyl Group”) (ACN: 004 523 782) and its related entities, including but not limited to Vinyl Group Operations Pty Ltd (“VGO”) (ACN 605 344 054), Vinyl, Inc. (“Vinyl, Inc.”), a USA corporation, are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016/679 (GDPR) and other applicable privacy laws.

In this Privacy Policy, “Vinyl”, "we", "us" and “our” refers to Vinyl Group, VGO and/or Vinyl Inc. and "you" refers to any individual about whom we collect personal information.

This Privacy Policy applies to all personal information collected by us, or submitted to us, whether offline or online, including any name, profile information, skills, image (including, in each case, photographs and other images), work experience, location or other personal information collected or submitted through our website www.vinyl.com, through our official social media channel pages which we control (such as our Facebook, Twitter (X), Instagram and LinkedIn pages), as well as through email messages that we may send to you or receive from you, as well as in administering and managing relationships with our shareholders.

We understand that you care about how your Personal Information is used and shared, and we take your privacy seriously. This Privacy Policy describes how we collect, use, share, and safeguard your Personal Information when you access the Vinyl website and domain name, mobile applications, and any other linked pages, features, content, or application services offered from time to time by Vinyl in connection therewith (collectively, the “Service”), or otherwise interact with us. This policy does not apply to the practices of companies that Vinyl does not own or control, or to individuals that Vinyl does not employ or manage.

By accessing or using the Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

We reserve the right to amend this Privacy Policy at any time by posting the amended terms on the Service. If we make material changes to this policy, we will notify you by means of a notice on our announcements board and/or other means so that you access and review the changes. If you object to any changes, you may close your account. By continuing to use the Service after notice of changes has been sent to you or published on the Service, you are deemed to have consented to the changes.

About Vinyl Group, Vinyl Group Operations Pty Ltd, Vinyl Inc. and vinyl.com

Vinyl Group Ltd is an Australian public company that operates a number of businesses in the music, retail and media industries.

Vinyl Group Operations Pty Ltd is an Australian company and subsidiary of Vinyl Group Ltd.

vinyl.com is a business of Vinyl Inc., a wholly owned subsidiary of Vinyl Group that uses technology to provide recommendations for customers to purchase vinyl records and facilitates the sale and purchase of those vinyl records by customers (“the Service”).

The core “Vinyl” on-line platform is located at vinyl.com and is live.

This privacy policy sets out how we use and protect any information that you give us when you use this website.

Definitions

“Personal Information” means information that can be associated with a specific person and can be used to identify that person and includes your Information. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not personal information.

“Processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Related Entity” means any Parent or Subsidiary of Vinyl Group. and any business, corporation, partnership, limited liability company or other entity in which Vinyl Group. or a Parent or a Subsidiary of Vinyl, Inc. holds a substantial ownership interest, directly or indirectly including by not limited to VGO and Vinyl, Inc.

Collection

We collect personal information in a number of ways, including:

when you provide information directly to us in person, by phone or in writing (whether electronic, via our communication tools or otherwise);
when you visit and/or use the Service, in which case, we record information sent to us by your computer, mobile device or other access device; and
from third parties such as our related entities, service providers to us, operators of linked websites, applications and advertising on the Service.
From third parties engaged to provide services, including but not limited to Segment, Mixpanel, and Airship. For information about those company’s data retention policies please see their respective privacy policies.

What We Collect

We may collect the following types of personal information in order to provide you with access to and use of the Service and for the purposes provided for in this Privacy Policy:

your name, user ID’s and passwords, phone number, mobile telephone
number, email address, physical address and other contact information;
financial information such as credit card or bank account numbers;
records and content of communications with us or any other person
including when using Service communication tools;
personal information based on your activities on the Service. We may use software tools such as JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages;
personal information you provide to us through any correspondence, member information pages, disputes, or shared by you from other social applications, services or websites;
to the extent permitted by law, other personal information provided by
or obtained from third parties including navigation and demographic data
and credit check information;
additional personal information we ask you to provide to verify your
identity or when we suspect that you are in breach of our Terms and Conditions, this Privacy Policy or other Service policies (including your personal ID and your answers to any questions we pose to you);
personal information from your interaction with the Service and its content and advertising, including device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Service, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data; and
Personal information collected via Cookies. For further information regarding the collection of Personal Information collected via Cookies please see the section below headed “Use of Cookies”.

How personal information is used

Our principal purpose in collecting, using and storing your personal information is to provide you with access to and use of the Service in a personalised, safe and efficient manner. You consent to us collecting, using, storing and sharing your personal information to:

operate the Service, generate content and provide customer support and
billing services;
to operate, evaluate and improve our business and the business of companies related to us, including developing new products and services; managing our communications; determining the effectiveness of, and optimizing the content you see; analysing our products, services, website, mobile application, and any other digital assets and those of companies related to us; facilitating the functionality of our website, mobile application, and any other digital assets and those of companies related to us;
provide the Services requested by you and to respond to your inquiries;
to perform accounting, auditing, billing, reconciliation, and collection activities;
to conduct surveys to determine use and satisfaction with our Services;
to generate statistics in relation to the Service;
detect, investigate and prevent potentially unlawful acts or omissions
or acts or omissions with the potential to breach our Terms and Conditions,
this Privacy Policy or other policies;
to protect Our rights, property, or safety, and those of our employees, our users, or others, including by taking measures to prevent fraud and reduce credit risk
enforce our Terms and Conditions, this Privacy Policy or other policies;
verify information for accuracy or completeness (including by way of
verification with third parties);
combine or aggregate your personal information with information we
collect from third parties and use it for the purposes set out this
Privacy Policy;
contact you or permit companies related to us at your contact details we have collected, by way of voice call, post, text message or email;
aggregate and/or make anonymous your personal information, so that it
cannot be used, whether in combination with other information or
otherwise, to identify you;
collect fees, resolve disputes and to identify, test and resolve problems;
notify you about the Service and updates to the Service from time to
time and services of companies related to us; or
supply you, or permit companies related to us to supply you, with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences.

We use the Personal Information we collect from you, including with the help of automated systems and decision making, for a range of different business purposes according to different legal bases of processing and subject to the choices you make.

To improve your experience of the Service by providing personalized content, recommendations, and features.
To customize the content and measure performance of any email, push notification, or in-app message we or related companies may send to you.
Administer sweepstakes, contests, or other promotional activities or events sponsored or managed by us, our related companies or its partners.
Use automated systems and decision making to profile user characteristics and infer preferences based on information that you provide to us, your interactions with the Service and content, your profile information, and information obtained from third parties. This data is used to create groups of users, called segments, who share similar characteristics and interests; we, and our related companies, use segments to serve personalized content, advertising, and marketing messages. We and our related companies also use automated systems to associate your activity over time across devices, and may associate activity and accounts under a single user ID, in order to determine that certain devices are related to each other and provide you with a personalized experience across devices and platforms.
To deliver targeted marketing for Vinyl products on and off the Service and measure the success of those campaigns. When you see our ads on a third-party website or apps, we or third-party services we engage for this purpose, may collect information that your browser or mobile app makes available when seeing the ad (e.g IP address, referral URL, browser details, timestamp of request), including whether a click converted to an actual purchase. Please see the privacy policy of such third-party websites to understand what data may be collected and how to opt-out.
Ads are known to be more effective when they are shown to people who are likely to be interested in the product or service advertised. For this reason, we and our related companies may use the information we collect and receive to help us select which ads to show you on behalf of advertisers. This includes information you choose to provide to us and make available to us when you interact with the Service (e.g. by posting music links, my providing profile information, listening to others music, viewing other profiles, liking other profiles), as well as general location data. We may also display ads based on the page you’re on or content you have recently viewed, searched, or listened to. This allows us and our related companies to show you ads that will likely be more relevant and interesting to you.
When we engage third party services such as ad-networks and exchanges that enable us showing you targeted ads, we may also allow them to collect certain information such as cookie data and device identifiers. That information is used to synch or match users to segments and serve targeted advertising, including based on device activity, inferred interests, and general location information.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest, including those of our related entities. However, once you have used these links to leave our site, you should note that we do not have any control over other websites (unless they are websites of our related entities). Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such third-party websites and such websites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to any other website.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

Disclosure to third parties

Notwithstanding the matters set out above, you agree that we may disclose
your personal information to:

enforce our Terms and Conditions, this Privacy Policy and other policies;
comply with any applicable law, request by a governmental agency or regulatory authority or legally binding court order;
respond to or resolve claims that a member has violated the rights of others;
protect a person’s rights, property or safety;
Our directors, staff, contractors, professional advisers and Related Entities;
outsourced service providers who assist us to provide its services such as information technology providers and marketing advisers (including in relation to fee collection, fraud investigations and Service operations);
third parties to whom you expressly ask us to send, or consent to us sending, your personal information;
credit agencies (including regarding missed and late payments or other defaults or breaches on your account); or
such entities that we propose to merge with or be acquired by and in such case, we will require that the new entity following the merger or acquisition adhere to this Privacy Policy.

Accessing and amending your personal information

It is important that you protect your password by using unique letters, numbers and special characters and by not sharing your password with any third party. If you disclose or lose control of your password or your personal information to a third party, you may be responsible for all actions taken in the name of your account or with this information including legally binding actions taken on your behalf. If you suspect that your password or account has been comprised, you must immediately notify Us and change your password.
You have the right to have inaccurate personal information rectified without undue delay. You can access and amend much of your personal information by logging into your account. It is your responsibility to ensure that such information is accurate and up to date. We can only amend your personal information on your behalf if we are able to confirm your identity.
You can request from us the personal data which you have previously provided in a commonly used and machine-readable format.

No Spam, Spyware or Spoofing

You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards us or other users of our service or the services of related entities

You must not use the Service or it’s communication tools to send, upload or distribute spam, viruses or malicious, illegal or prohibited content to the Service or otherwise send content that would breach our Terms of Service or this Privacy Policy.

You are not permitted to use personal information of other users without the written consent of that user.

We may (or we may engage a third-party service provider to) take steps to scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or unlawful or content prohibited by this Privacy Policy and our Terms of Service.

To report spam, spyware or spoof activities to us, email us at support@vinyl.com.

Storage and security

We store and process your personal information on our host’s servers, currently located in multiply locations around the world. You consent to the transfer, storage and retention of that information onto the servers of our host provider used from time to time by us, regardless of the location of those servers.

We have taken steps to protect your personal information by contracting with a third party to provide technical and security measures. These measures are designed to mitigate, but do not guarantee against, the risk of loss, misuse, unauthorised access, disclosure and alteration.

Account Closure

If you request us to do so, we will as soon as reasonably practicable close your Service account.

We may also close, terminate or deactivate inactive accounts or accounts that have been used in breach of our Terms and Conditions, this Privacy Policy or other policies from time to time.

In general, but subject to other terms of this Privacy Policy, personal information from closed, terminated or deactivated accounts will remain on the Service but the login access to the account will be disabled as soon as reasonably practicable after account closure, termination or deactivation so that you and others cannot access the account.

To the extent permitted by law, we reserve the right under certain situations to retain and store your personal information for such period as is deemed necessary by us, notwithstanding closure, termination or deactivation of your account. Such situations include where we are required to comply with laws or regulations, the collection of fees owing to Us, the resolution of disputes, the prevention of fraud, unlawful activity or activity prohibited by this Privacy Policy or our Terms and Conditions, or the enforcement of our Terms and Conditions or this Privacy Policy.

Right to restriction of processing
You have the right to have the processing of your Personal Information restricted in the following circumstances:

Your personal data are no longer required for the purposes for which they were collected;
You do not think the Personal Information is accurate; or
You object to the processing of your Personal Information.

Information Sharing with Social Media
We may offer services that allow you to share public aspects of the Service with third party websites such as Google Plus, Twitter(X), LinkedIn, Facebook and other social media websites.

United States Privacy Laws
Vinyl Inc. is located in the United States. By providing your information, you consent to the processing of your information in the United States.

Jurisdiction Specific Provisions

Users in the European Economic Area, UK, and Switzerland
Under the General Data Protection Regulation (GDPR) and other applicable laws, users in the European Economic Area (“EEA”), UK, and Switzerland have the right, under certain conditions, to request access to, rectification of, or erasure of their personal information; request restriction of processing; object to processing; withdraw consent from processing; and the right to data portability.

If you are in the EEA, UK and Switzerland and would like to exercise these rights, please email us at support@vinyl.com pursuant to the ‘Right to Erasure’ section above. Please include the phrase “GDPR Request” in the subject line and provide us with your mailing address and state and country of residence.

Vinyl only collects and processes personal information about you where it has lawful bases for doing so. The specific legal basis applied to the processing will depend on the context in which the personal information is being processed, including the service used and the type of personal information involved.

Vinyl uses the following legal bases for processing:

For the performance of a contract. We will process your personal information to fulfill our contractual obligations with you, such as to provide you with access to Our Services, to communicate with you regarding your use of Our Services, and to comply with our Terms and Conditions.
For legitimate interests. We will process your personal information for our legitimate interests or those of others (as long as the processing is not outweighed by your data protection interests). This includes but is not limited to, preventing fraud and other abuse, ensuring the security of our website(s), App(s) and Service, protecting our legal rights and interests, conducting market research and product development, and for marketing purposes.
To comply with legal obligations. We will process your personal information to comply with all applicable laws, regulations, court orders, and government and law enforcement agencies’ requests.
Consent. We will process your personal information when you have given us consent to do so, such as when you consent to receive certain communications from us.

If you’d like to withdraw your consent or object to our processing of your personal information, please email us as support@vinyl.com.

If you believe that we have not adequately addressed your concerns or wish to report an alleged infringement of applicable data privacy laws, you may file a complaint with your local supervisory authority.

Part of the business of Vinyl is based in the United States and it may store, process, and transfer information in and to servers and databases located in the United States. It may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.

If you use our Services outside the United States, including in the EEA, UK, and Switzerland, your information will be transferred to, stored, and processed in the United States. By accessing our Services or otherwise giving us information, you consent to the transfer of information to the United States and other countries outside your country of residence.

We rely on legal bases to transfer information outside of the EEA, UK, and Switzerland. For example, transfers involving personal information of Members located outside the United States are necessary for the performance of the contract between Vinyl and our Members, as established in our Terms and Conditions. With respect to the processing of information by our service providers on our behalf, we take all necessary steps required under applicable law to ensure that their transfer of information across borders is compliant with applicable law. This may include the use of EU model clauses or ensuring that the recipient is certified under the US-EU Privacy Shield framework.

Users in California
This section provides details about rights California consumers may exercise under the California Consumer Privacy Act (CCPA) and other privacy and data protection laws, if it applies to you or Us. This section may include provisions identified elsewhere in this Privacy Policy and included here with reference to the CCPA.

Under the CCPA, California consumers have the following rights:

Access. A business that collects a consumer’s personal information must, at or before the point of collection, inform the consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. A business must disclose and deliver the personal information the business collected about the consumer in response to a verifiable consumer request.

Deletion. A business must delete the personal information the business collected about a consumer and direct service providers to delete the consumer’s personal information in response to a verifiable consumer request, subject to certain exceptions.

Anti-Discrimination. A business must not discriminate against a consumer who exercises any of the consumer’s rights under the CCPA. However, a business may charge different prices or provide a different quality of goods or services if the difference is reasonably related to the value provided to the consumer by the consumer’s data and may offer financial incentives to a consumer for the collection, sale, or deletion of personal information on a prior opt-in consent basis.

Opt-Out and Website Requirements. A business that sells consumers’ personal information to third parties needs to provide notice to consumers thereof and that consumers have the right to opt-out of the sale of their personal information. If the CCPA applies to a business that business must provide a “Do Not Sell My Personal Information” link on its website homepage that links to a page on its website that enables a consumer to opt-out of the sale of the consumer’s personal information.

If you are a California resident and would like to exercise your rights under the CCPA, email us at support@vinyl.com. Please specify which privacy right you’re exercising in the subject line (for example ‘CCPA Opt-Out) and provide us with your mailing address and state of residence.

Children

Our websites are not meant for children. By visiting our website(s) or using our services in any way, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents use the website.

We will not knowingly collect any personal information from children under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children under the age of 13 without verification of parental consent, we will take steps to remove that information from our servers.

Right to Erasure
If you have consented to our processing of your personal information, you have the right to withdraw, at any time, any consent that you have previously given to us for use of your personal information. In certain circumstances even if you withdraw your consent, we may still be able to process your personal information if required or permitted by law or for the purpose of exercising or defending our legal rights or meeting our legal and regulatory obligations.

To make a request to exercise any of these rights (where applicable) in relation to your personal information, please contact us using the contact details below.

You have the right to have your personal information collected by us erased without undue delay, but you may not be permitted to continue to use our services.

We have an obligation to erase your personal data without undue delay in the following circumstances:

The personal data are no longer required for the purposes for which they were collected;
You withdraw your consent; or
For the purposes of compliance with a legal obligation(s).

We shall, upon your request, take reasonable steps to erase any personal data made public or provided to third parties for processing.

How changes are made to this privacy policy?

We may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes. We also try to let you know about major changes to our Privacy Policy (for example by putting a notice up on our website). This Privacy Policy may be translated into languages other than English. If there is a discrepancy between the English language version and any translated version of this Privacy Policy, the English language version will prevail.

Contact Us
If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact us at support@vinyl.com