1.1. We are Mixing Technology Pty Ltd ATF the Mix Tech Trust (Mixing Technology, we, us, our). We own and operate software tools which assist with sound design and theatre management, including the application, TheatreMix, found at https://theatremix.com/ (Services).
1.3. We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act 1988 (Cth) (the Act), the Australian Privacy Principles, and the General Data Protection Regulations (GDPR) for customers in the European Economic Area (EEA) and the UK.
(a) what 'personal information' is;
(b) what we collect, hold and use;
(c) what happens if we can't collect it;
(d) how and why we collect it;
(e) how and why we may disclose it;
(f) how we use third-party providers;
(g) how long we retain what we collect;
(h) how we make sure it is secure;
(i) how you can access or correct what we collect;
(j) how you can complain about privacy breaches; and
(k) how to contact us.
2. 'Personal Information'
2.2. Personal Information may include your name, age, gender, location, post code and contact details (including phone numbers and email addresses). It may include video or audio recordings of your voice or image, financial information, including your credit card information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then information will be considered Personal Information.
3. What we collect, hold and use
So that we can provide you with our Services, we collect, hold and use Personal Information such as your:
• email address;
• country of residence;
• internet protocol address;
• computer hostname;
• machine identification number;
• payment details; and
• any other personally identifiable information that is disclosed to us either directly or indirectly, by acquiring or using our Services.
4. What happens if we can't collect your Personal Information?
4.1. We may not be able to provide or update our Services to you if you choose not to provide us with Personal Information.
5. How and why we collect and use it?
5.1. The primary purpose for collecting your Personal Information is to enable us to perform and deliver our business activities and functions to provide you with the Services.
5.2. We generally collect Personal Information so that we can set up your TheatreMix account, provide you with access to the Services, comply with our contractual and other legal obligations, or administer our relationship with you by responding to your enquiries and providing you with information.
5.3. We collect your Personal Information directly unless it is unreasonable or impractical to do so. We do this in ways including:
(a) you enter your details to create an account;
(b) when you otherwise access and use the Services;
(c) when you communicate with us; and
(d) when a third-party provides it to us with your consent, such as a third-party service provider.
5.4. We may use your Personal Information for the purposes of developing, maintaining, or updating the Services, or in any other way if we ask for your consent first.
5.5. We may use your Personal Information to contact you with news or promotional materials about our Services that may be of interest to you. You can opt out of receiving these communications from us at any time on our website.
5.6. These communications may be sent by email in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth).
5.7. We do not trade in Personal Information.
6. How and why we may disclose it?
6.1. To enable us to deliver the Services to you, we may disclose your Personal Information:
(a) to our employees, contractors or licensees;
(b) to external or third-party service providers (see clause 7); or
(c) to comply with a legal obligation.
7. How we use external service providers (including outside of Australia)
7.1. We may provide your Personal Information to other external third-party service providers that we engage to perform functions on our behalf so that we can provide you with the Services.
7.2. Some of these external service providers are located overseas. If we are required to disclose personal information to other overseas persons or entities, we will take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.
7.3. We will not transfer your Personal Information to an external third-party service provider or a country unless we believe they have reasonable and adequate controls in place including the security of your Personal Information. If you don't agree with your Personal Information being transferred to countries outside Australia you may not be able to use our Services.
7.6. We make no representations or warranties in relation to the privacy practices of any external third-party service providers, and we are not responsible for their privacy policies or the content of any external third-party service provider.
8. How can you access or correct your Personal Information?
8.1. You may request access to any Personal Information we hold about you at any time by contacting us at email@example.com.
8.2. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge you for making a request and will not charge you for making any corrections to your Personal Information.
8.3. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the Personal Information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
8.4. If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
8.5. We request that you keep your information as current as possible so that we may continue to improve our Services to you.
9. How we ensure that your Personal Information is secure?
9.1. We will take all reasonable steps to implement security measures to protect the Personal Information that we hold from accidental or unlawful destruction, accidental loss, alternation, unauthorised disclosure or access and misuse.
9.2. If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please let us know immediately.
9.3. If we suspect any misuse or loss of, or unauthorised access to, your Personal Information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Act.
9.5. We will destroy or attempt to de-identify your Personal Information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.
10. Information for Users that are residents in the EEA and the UK
10.2. In this clause, the Personal Information which we may collect, as outlined in clause 3, is referred to as personal data and takes the meaning of personal data under Article 4 of the GDPR (Personal Data).
10.3. In this clause the terms data subject, processing, controller and processor take the meaning under Article 4 of the GDPR.
10.4. Mixing Technology is the controller of any Personal Data that you directly provide to us. Mixing Technology is the processor of any Personal Data that it receives from a party that is not the data subject, for example an external service provider.
(a) where you have consented to our collection and use of your Personal Data (you can withdraw this consent at any time); and/or
(b) where we are required to collect and use your Personal Data to provide you with access to our software, or to provide you with other services that we have contractually agreed to provide you; and/or
(d) to comply with the law.
10.6. Your Personal Data will be transferred outside of the EEA and UK when using our Services. If you do not consent to your Personal Data being transferred outside of the EEA or UK, you are unable to use our Services.
10.7. You have additional rights about your Personal Data including:
(a) the right to be informed – you have the right to be clear about what Personal Data is processed, who processes it and why.
(b) the right to access – you have the right to request copies of any of your Personal Data that Mixing Technology has collected. You can request this using the privacy tools provided in your profile.
(c) the right to rectification – you have the right to request that Mixing Technology correct any information you believe is inaccurate. You also have the right to request that Mixing Technology complete information that you believe is incomplete.
(d) the right to erasure – you have the right to request that Mixing Technology erases your Personal Data. You can request deletion of your Personal Data, sometimes this may not be possible yet Mixing Technology will take reasonable steps to erase your Personal Data.
(e) the right to restrict processing – you have the right to object to Mixing Technology processing of your Personal Data.
(f) the right to data portability – you have the right to request that Mixing Technology transfer the Personal Data we have collected to another organisation or directly to you.
11. How Can You Complain About Privacy Breaches?
11.3. If you are not satisfied with the outcome of our investigation, then you may request that the Office of the Australian Information Commission investigate your complaint at their website, https://www.oaic.gov.au/.
12. Contact us About Your Personal Information?
(a) email: firstname.lastname@example.org; or
(b) post: Mixing Technology – 35 Market Street, South Melbourne VIC 3205.