Privacy Notice for CLEFER PIANO
Music App Inc. is committed to maintaining privacy protection for its Users. Our Privacy Notice (the Notice) is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our services.
This Notice applies to your use of the mobile application of Music App Inc. known as “CLEFER PIANO”, including all content and services made available on this application (hereinafter “CLEFER PIANO” or CLEFER PIANO App).
CLEFER PIANO is a digital learning environment with interactive content to help you acquire piano playing skills and knowledge. To keep you engaged and have a sense of real progress, CLEFER PIANO listens to your performance during musical activities and gives you relevant feedback. To that end, CLEFER PIANO uses your device’s microphone to capture your performance and collect data. The microphone also will capture background noise while you are playing. The performance then will be assessed with a custom set of parameters: whole musical phrases and passages are analyzed for tempo changes, pitch and/or rhythmic accuracy.
This Notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Notice carefully and note that this Notice does not restrict our use and disclosure of any non-personal data (i.e. data, which does not identify a natural person or legal entity and is therefore not protected under data protection statutes).
1. Who we are
The controller of your personal data is Music App Inc. References in this Notice to the “Company“, “we“, “us” or “our” are references to Music App Inc. References in this Notice to “you” or “your” are references to you as a customer and data subject vis-à-vis us.
You may contact us about any matters concerning the Notice at firstname.lastname@example.org.
We are compliant with the relevant applicable Data Privacy Laws, such as in particular the European General Data Protection Regulation EU 2016/679 (“GDPR“), the UK Data Protection Act 2018, the Swiss Federal Act on Data Protection (“FADP“) and/or the California Consumer Privacy Act or other data privacy laws if relevant and applicable (henceforth the “Data Privacy Laws“).
2. Personal data we process
The following provides an overview of how and when your personal data is collected when you use CLEFER PIANO.
- Your personal data is collected when you provide it to us yourself, e.g., data that you enter directly into the CLEFER PIANO App;
- Other personal data may be collected through CLEFER PIANO’s access to data storage to your device, for example when accessing the microphone function in your device; and
- Other personal data may be collected by our operative IT-system when you use CLEFER PIANO. These are mainly technical data (e.g., mobile device, operating system or time of use). This data is collected automatically when you use the CLEFER PIANO App in operating mode.
Personal data we process about you includes:
- your email, age, location, skill level and preferred instrument type;
- your answers to questionnaires concerning musical and instrumental practice, objectives and preferences;
- type of your device and the version of its operating system;
- information provided to us by or on behalf of you or generated by us in the course or providing services to you such as number of clicks;
- audio recordings from the microphone whilst using the CLEFER PIANO App;
- personalized feedback via Heatmap on your progress;
- information in relation to materials and communications we send to you electronically, for example your use of our marketing e-mails;
- any other information relating to you which you may provide to us;
- mobile end device type, operating system of the device; and
- on-screen interactions such as button pressing, scrolling and clicks.
We collect this information when you interact with us, for example, when you use CLEFER PIANO in your music practice time.
These processing activities occur on the basis of entering into a contract with us, which allows the processing of data for the fulfilment of a contract or pre- contractual measures (see e.g. Art. 6 para. 1 lit. b. GDPR and/or Art. 4 and 13 para. 2, lit. a. FADP, whichever is applicable).
When downloading the CLEFER PIANO App, required information will be collected by the respective app store, i.e., in particular, username, e-mail address, app store customer number and the individual device ID. Please note that we have no influence on this type of data processing as it is the responsibility of the respective app store. Should you have questions on these data processing activities, please refer to the privacy terms of your app store provider.
3. How we use your personal data
Examples of how we use your personal data:
- to communicate with you;
- to provide and improve our services to you and our users, including personal data of others provided to us or collected by us on behalf of our clients;
- to administer our relationship with you and with our users;
- to provide and improve the CLEFER PIANO App, including monitoring and evaluating its use (see “Use of our application” below for additional information);
- to promote our services, including by sending alerts, updates, event invitations, etc.;
- to provide you personalized feedback on your progress;
- to collect performance data on an anonymous basis for purposes of training the audio transcription model;
- to give relevant feedback through the CLEFER PIANO App;
- to assess your performance with a custom set of parameters;
- to assess and log data and sources in connection with application crashes;
- to send your selected instructions via the CLEFER PIANO App to our server and from there to your controlled devices (function fulfilment); and
- to comply with our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims.
4. Use of our application
We may use your name and e-mail address(es) to send you alerts, updates, event invitations and other information by e-mail, but will ask for consent first unless we have obtained your contact details from you in the context of our services. You have the right at any time to prevent us from contacting you for these marketing purposes. When we send any promotional communications to you, you can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email.
This Notice does not limit our use or disclosure to third parties of non-personal information and we reserve the right to use and disclose such non-personal Information to our partners, advertisers, and other third parties at our discretion.
5. On what basis we use your personal information
We process personal data on the following grounds: to perform a contract, such as engaging with an individual to provide services; for the establishment, exercise or defense of legal claims or proceedings; to comply with legal and regulatory obligations; and for legitimate interests. Please see “How we use your personal data” above (Section 3) for additional details.
6. Who we share your personal data with
We will share your personal data with trusted third parties including:
- IT service providers;
- Vendors who are performing services for the Company, such as the servers for our email communications;
- our auditors; and
- third parties involved, such as hosting providers, external consultants or organizers of events/seminars or user testing campaigns.
With such third parties, appropriate data processing agreements as required under Data Privacy Laws are concluded.
For the purposes set out in this Notice and where necessary, we may share personal data with courts, regulatory authorities, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavors to notify you before we do this, unless we are legally restricted from doing so.
7. Countries we transfer your personal data to
When interacting with us, You are aware that you are uploading/transferring your personal data to a company incorporated in the United States of America. We may host in, and/or transfer your personal data to, one or more countries, including, but not limited to, the United States of America, that do not provide the same level of protection as your country of residence. Before we do so, we will implement appropriate measures to protect your personal data, for example by requiring the recipient to agree to data processing and/or transfer agreements. We may also transfer personal data with your explicit consent and in certain other situations as permitted by applicable law.
8. How we retain your personal data
We retain your personal data for as long as it is necessary for the purposes for which the data is collected, and as long as we have a legitimate interest in keeping personal data, for example to enforce or defend claims or for archiving purposes and IT security. We also retain your personal data as long as it is subject to a legal retention obligation.
9. How we protect your personal information
We protect your information from unauthorized access, use, disclosure, alteration or destruction by implementing various organizational and technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using CLEFER PIANO, you acknowledge that you understand and agree to undertake these risks.
10. Your rights
You are entitled to ask for details of the information we hold about you and how we process it and to receive a copy of your personal data. You may also request to have your data rectified or deleted, restrict our processing of that information, and object to the processing of your personal data. You may also choose to withdraw your consent. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or permitted by law. You may also lodge a complaint in relation to our processing of your personal data with your local supervisory authority in data protection matters.
In order to ensure that your personal information is accurate and up to date, please advise us of any changes to your information by contacting us at email@example.com.
11. Links to other websites/apps
12. Changes to our Privacy Notice
We reserve the right to change this Notice at any time. The version of the Notice currently in effect is accessible under the Settings tab. We will communicate such changes in advance by any reasonable means, including posting the revised Notice on the CLEFER PIANO App and website (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the CLEFER PIANO App, or other means). You are encouraged to periodically check the website, the CLEFER PIANO App and this Notice for updates.
This Notice was last updated on December 23, 2022.