PRIVACY POLICY

Minors (as defined under the laws of THEIR jurisdiction or residence) are not eligible to use these services without the express permission and/or supervision of their parent or guardian. MusicFirst does not knowingly collect personal information from any minor without parental consent, and we will not use this information if we discover that it has been provided without such consent. This site and service has been designed so that student users are not required to disclose their contact information. Parents and teachers are encouraged to discuss these policies and online safety practices with their children and students.

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) is a federal law that states that an educational institution must establish a written institutional policy concerning the confidentiality of student education records and the fact that students must be notified of this statement of policy and their rights under the legislation. Your student records are protected by FERPA policy and the MusicFirst staff has been trained to follow and enforce this policy.

FERPA Block – A FERPA Block allows you to protect the privacy of your information. It prevents the release of all your private information, including the ability of MusicFirst to communicate with you by phone should you need to discuss information in your record. If you have a FERPA Block in place, you can communicate with us by email.

In accordance with FERPA, MusicFirst Users have the following rights:

1. The right to inspect and review education records covered by FERPA.
2. The right to challenge (seek correction of) the contents of these records.
3. The right to a formal hearing, if necessary, for a fair consideration of such a challenge.
4. The right to place an explanatory note in the record in the event that a challenge of contents is unsuccessful.
5. The right to control, with certain exceptions, the disclosure of the contents of the records.
6. The right to be informed of the existence and availability of the institutional policy covering FERPA rights.
7. The right to report violations of FERPA legislation to MusicFirst and any applicable administrative body. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC, 20202-4605. Users who wish to inspect and review their education records may do so by submitting a written request to MusicFirst at 180 Madison Avenue, 24th Floor New York, NY 10016 United States. MusicFirst must respond with 45 days of the request by arranging an appointment for the User to review the requested data.

A User may challenge the contents of an education record which they consider to be inaccurate, misleading, or otherwise in violation of their privacy rights. Users may initiate a challenge by submitting a written request to MusicFirst at support@musicfirst.com which shall attempt to resolve the problem through informal discussions. If a challenge to a record is not satisfactorily resolved by this procedure, the User will be informed of their right to a formal hearing, the procedures to be followed concerning such a hearing, and its composition. A User requesting a hearing will be notified in writing of the date, place, and time of their hearing.

The hearing board will consist of individuals who are disinterested parties but who may be MusicFirst employees. The decisions of the hearing board will be communicated to the User. Decisions of the hearing panel are final. If decisions of the hearing board are unsatisfactory to the User, the User may place in the education record a statement commenting on the information contained in the record and setting forth any reason for disagreeing with the decision of the hearing panel. If MusicFirst discloses the contested portion of the record, it must also disclose the User’s statement.

Users will be notified of their FERPA rights annually by e-mail and this policy will be reviewed by MusicFirst every two years.

By submitting personal information to us (through the use of this website and/or registering an account) you agree that MusicFirst may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. If you do not agree with these terms, do not provide any personal information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required personal information, we may not be able to provide you with the services of this website and/or advertisements and services that can be offered on our site only if we have access to that certain personal information.

MusicFirst collects information in several ways. By visiting this website, Visitors consent to the collection and use of their personal data. If you don’t agree with the terms set out herein, please do not visit this website. If required by applicable law, we will seek your explicit consent to process personal data collected on this website or volunteered by you.

Some personal information is gathered when you register for an account. When submitting a request for an account, MusicFirst asks for your first and last name and asks that you create a unique user name and password. For teacher, administrator, and teacher accounts MusicFirst will also request your email address and/or other contact information. When using the service Whether you are a Visitor or User, MusicFirst may passively collect your GPS location through your device, record your IP address, or use cookies. When passively collecting data in this manner, MusicFirst does not draw any conclusions about the data subject. Some of this information is necessary to take advantage of our services; some of the information that is collected is used to improve our services and offer targeted services announcements.

If you contact MusicFirst we may keep a record of that correspondence. Whenever MusicFirst collects personal information we make an effort to include a link to this Privacy Policy on that page.

A MusicFirst “Data Region” is a set of data centers located within a defined geographical area where User data is stored. Personal data is not transmitted between Data Regions. For Users with accounts located in MusicFirst’s European Data Region, all processing of personal data is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”), and the implementation of the Directive in local legislation. From May 25, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and MusicFirst’s processing will take place in accordance with GDPR.

MusicFirst processes personal data as both a Processor and Controller, as defined in the Directive and the GDPR. Consequently, MusicFirst processes all data provided by its Users with accounts in its European Data Region, in the European Economic Area (“EEA”) only.

We do not and will not, at any time, request your credit card information, login name, or password, in an unsecure or unsolicited e-mail or telephone communication and we will not request the contact information, including email, of a minor. Additionally we will not request any confidential or personal information through social networking sites, including, but not limited to, Twitter, LinkedIn, Pinterest, FourSquare, and Facebook.

MusicFirst does not use automatic decision-making or profiling.

When you call or write to our Customer Service, we may collect contact information, such as name, phone number, mailing address and/or e-mail address to process a service request. No such information will be collected directly from a minor.

MusicFirst may use cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to:

Monitor our services – It may be necessary from time to time for MusicFirst to monitor and/or track site usage as part of an internal audit of our services. Portions of this audit may be performed through the use of temporary cookies placed on your computer by the MusicFirst site.

Facilitate login – Cookies may be used to collect and store login information to facilitate future logins.

Some cookies used by MusicFirst are strictly necessary and essential in order to enable you to move around the site and service and use its features. Without these cookies, services you have asked for cannot be provided; they are deleted when you close your browser. Performance cookies are used to collect information in an anonymous form about how visitors use the service. MusicFirst may also use your IP address to help diagnose problems with its server and to improve its service and may perform IP lookups to determine which domain you are coming from to more accurately gauge user demographics. Information received in these forms is not combined with other information about you from any other source.

MusicFirst does not respond to Do Not Track Requests.

MusicFirst’s primary goal in collecting personal information is in providing you the best service possible through its site. The majority of information that is collected about you is for the purpose of verifying account registration and delivering relevant services and announcements.

MusicFirst may retain your account information for as long as permitted by law and as long as is necessary to permit you to use our services without the requirement of resubmitting the same information.

Except as provided herein, MusicFirst shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities

Your information may be used to effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business. In the event of such an occurrence, every effort will be made by MusicFirst to inform you of the transfer of your personal information.

Your information may be disclosed as is required by our insurers and by regulatory agencies or to employees, contractors, consultants, and agents of MusicFirst to perform necessary actions in the normal course of business. No more information than is required in these circumstances will be provided.

MusicFirst’s web pages and applications may contain links that will let you leave the MusicFirst service and access another website. These “linked websites” are not under the control of MusicFirst and it is possible that these websites have different privacy policies. This policy applies solely to personal information that is acquired on this website (MusicFirst.com) and through the MusicFirst application and service. MusicFirst accepts no responsibility or liability for your use or disclosure of personal information to linked websites.

The disclosure of very limited personal information is required to create an account on our site, which is required to access certain services. If you do not wish to disclose the requisite information you are free to discontinue use of the MusicFirst website and service.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies MusicFirst may not be displayed or function in the way intended by MusicFirst.

Right of confirmation – Users and Visitors will have the right granted by the European legislator to obtain from MusicFirst the confirmation as to whether or not personal data concerning him or her his being processed. If a data subject wishes to avail him or herself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer.

Right of access – Users and Visitors will have the right granted by the European legislator to obtain from MusicFirst free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: (1) the purpose of the processing; (2) the categories of personal data concerned; (3) the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations; (4) where possible, the anticipated period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (5) the existence of the right to request from MusicFirst rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; (6) the existence of the right to lodge a complaint with a supervisory authority; (7) where the personal data is not collected from the data subject, any available information as to its source; (8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and anticipated consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail him or herself of this right of access, he or she may at an time contact our Data Protection Officer.

Right of rectification – Each User or Visitor shall have the right to obtain from MusicFirst without undue delay, the rectification of inaccurate personal data concerning him or her; and to complete incomplete data.

Right of restriction of processing – Each User or Visitor shall have the right to obtain from MusicFirst restriction of processing where: (1) the accuracy of the personal data is contested; (2) processing is unlawful and the data subject requests restriction rather than erasure; (3) MusicFirst no longer needs the personal data for the purpose of the processing; or (4) the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of MusicFirst override those of the data subject.

Right to withdraw consent – Each Visitor and User shall have the right to withdraw his or her consent to processing of his or her personal data at any time by contacting our Data Protection Officer.

MusicFirst will retain your personal information and IP information as long as is permitted by applicable laws and regulations or as long as necessary to achieve the purpose of storage of such information, whichever is shorter. If a storage purpose is not applicable, or if a storage period prescribed by the European legislator or other competent legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirements.

If you wish to update, correct, or delete any of the information about you stored by MusicFirst you can do so by visiting the account settings on your account profile. For all other information changes or requests, please send an inquiry to support@musicfirst.com.

MusicFirst Users have control of the purpose for collecting data, and the duration for which he personal data may be kept. Users with an active account will therefore have the responsibility to delete data when required.

MusicFirst, as the Controller of personal data, shall, at any time, provide information upon request to each User or Visitor as to what personal data is stored about that data subject. In addition, MusicFirst shall correct or erase personal data upon request. When a User’s account is terminated or expired, all personal data collected through the MusicFirst platform will be deleted, as required by applicable law.

MusicFirst shall take the appropriate organizational and technical measures to protect the personal information and IP data provided to it or collected by it necessary to comply fully with any and all applicable laws, obligations, and regulations.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, MusicFirst cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

If you choose to use the MusicFirst website and service you should be aware that any information transmitted electronically via the World Wide Web or wirelessly might not be secure. MusicFirst assumes no liability for the loss of any information that you transmit to us via the World Wide Web.

We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of MusicFirst, our employees, our users, or others

MusicFirst has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:

MusicFirst Attn: Data Protection Officer 180 Madison Avenue, 24th Floor New York, NY 10016 United States support@musicfirst.com

The Information Commissioner’s Office (ICO) is an independent body responsible for making sure that organizations comply with the Data Protection Act. The ICO also deals with concerns raised by members of the public about the way in which organizations look after personal information and deal with subject access requests.

You can complain to the ICO if an organization:

• fails to respond to your request for disclosure
• refuses your request
• fails to send you all of the information you asked for
• fails to comply with the 40-day time limit for disclosure
• The ICO will always expect you to have raised your concerns with the organization before submitting a complaint.

The ICO has a form on its website which you can use to make your complaint. When you send the form to the ICO, include all the communications you’ve had with the organization about your request for disclosure, including copies of the documents raising your concerns.

If you have this saved electronically, you can submit the form and the correspondence by email to casework@ico.org.uk

If you only have paper copies of the correspondence, you will need to send it along with the form to Customer Contact, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

You can call the ICO helpline on 0303 123 1113 (local rate).

You should make a complaint to the ICO within three months of your last proper contact with the organization concerned.

This Privacy Policy is effective as of 1st May 2018. MusicFirst reserves the right to make changes, deletions, modifications, or provide supplements to this policy from time to time. Changes will apply to the information collected after the date of changes as well as to existing information held by us and will take effect immediately upon publication, unless otherwise stated in writing by MusicFirst. You agree that the express acceptance by you, or your continued use of the MusicFirst website after publication of changes, shall constitute your acceptance of the Privacy Policy.

If you have any further questions or concerns, please feel free to contact us by email at: support@musicfirst.com

or in writing at:

MusicFirst 180 Madison Avenue, 24th Floor New York, NY 10016 United States