Privacy

Raining.fm (Div Party Pty Ltd) Privacy Policy

Div Party Pty Ltd (“us”, “we”, or “our”) operates the https://raining.fm website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you and/or your users. Personally identifiable information may include, but is not limited to, email addresses, names, phone numbers, addresses, other information (“Personal Information”).

The purpose for which we collect personal information is to provide you with the best service experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Service.

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

What is a Cookie?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies?

We use cookies to remember user choices and actions. An example is when you accept the cookie policy notification, a cookie is stored to remember that you have accepted the policy and this now longer needs to be shown. Other services that we have installed on our website through javascript snippets also use cookies. Some examples of services we have installed include Google Analytics. You can learn more about their own cookie policies at their respective websites.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don’t need to enter your password on each page. Once you log out or close your browser, this cookie expires.

We also use longer-lasting cookies for other purposes such as to display your Content and account information. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.

How to control cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

Accepting or Declining Cookies

On our website, you will see a notice a bar at the bottom of the page with the heading “Your Privacy Is Important”. On this bar you will see options to manage your privacy options such as Cookie preferences and data retention and privacy agreements depending on your own personal preferences.

The cookie categories include;

Our public facing website has the following cookies

You can manage the cookies found on our homepage here


When logged into our site we have a separate GDPR compliance plugin which handles the members part of the system, this includes the following:

  • Necessary Cookies: Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
  • Anonymous Cookies: Anonymous cookies include cookies used for Google Analytics which we use to track pages visited and user actions on our site to improve our services. IP addresses are anonymous, no personal data is collected.

Behavioral Remarketing

Div Party Pty Ltd uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.

  • Google

    Google AdWords remarketing service is provided by Google Inc.

    You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

    Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

  • Twitter

    Twitter remarketing service is provided by Twitter Inc.

    You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

    You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

  • Facebook

    Facebook remarketing service is provided by Facebook Inc.

    You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

    To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217

    Facebook adheres the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

    For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

  • Pinterest

    Pinterest remarketing service is provided by Pinterest Inc.

    You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track” functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data

    You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy

  • AdRoll

    AdRoll remarketing service is provided by Semantic Sugar, Inc.

    You can opt-out of AdRoll remarketing by visiting this AdRoll Advertising Preferences web page: http://info.evidon.com/pub_info/573?v=1&nt=1&nw=false

    For more information on the privacy practices of AdRoll, please visit the AdRoll Privacy Policy web page: http://www.adroll.com/about/privacy

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws

We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities. We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Security

We use authorized SSL certificates that allow our clients to send and receive data in an encrypted format (HTTPS protocol). This is leading industry practice to prevent MITM attacks and attackers from capturing unencrypted traffic data (like passwords, usernames, or other confidential information).

No critical payment information is stored on our system, such as credit card numbers. All sensitive data is handled directly by our industry leading payment providers, Stripe and PayPal.

Connections to our servers are regulated.

Our website is built on the WordPress platform, we keep our platform upto date with the latest versions and patches to keep the website as secure as possible.

Data backups are taken manually and are stored in an encrypted format offline to ensure complete privacy and security.

Although we follow industry best practices in regards to secure software development and deployment and backing up data, it is important to note that no system is 100% infallible and we cannot be held liable if confidential information is breached or loss of data occurs.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Australia and choose to provide information to us, please note that we transfer the information, including Personal Information, to Australia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Access and Correction

Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.

Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Freedom of Information Act 1982 (Cth).

Complaints

Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us at privacy@raining.fm with the following information:

  • Your name and address;
  • Details of the alleged breach of privacy; and
  • URL link to the alleged breach of privacy (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Retention of Information

We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. This includes when you cancel your account with us. If you want us to delete all held data, please contact us and we will do so. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under 18 without verification of parental consent, we take steps to remove that information from our servers or replace it with the Personal Information of the Children’s parent or guardian.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Consent

You warrant that you are able to give consents under Australian Law or, in the event that you do not have the capacity to give consent, you warrant that your guardian or attorney is able to give any consent required under this Privacy Policy on your behalf.

You hereby expressly and voluntarily grant your informed consent to us to deal with your personal information in accordance with the terms and conditions of this Privacy Policy. Should you retract your consent, you should cancel your account immediately. If you retract your consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the full functionality of the Service.

General Data Protection Regulation (GDPR)

This GDPR Notice (hereinafter referred to as ‘GDPR Notice’) is intended to regulate rights and obligations under the General Data Protection Regulation as of 14 April 2016.

This GDPR Notice describes the use of personal data by the data processor on behalf of its treatment officers, including collection, registration, assembly, storage, extradition or combinations of these.

By registering in the raining.fm system you as a user enters into the user agreement with Div Party Pty Ltd (the Company) who are responsible for the personal data provided by you and collected according to the purposes stated herein.


All personal data we collect is solely for the purpose of providing the service to you or required to legally run our business. We safely and securely host all data on atlantic.net US Servers. We use authorized SSL certificates that allow our clients to send and receive data in an encrypted format (HTTPS protocol). This is leading industry practice to prevent MITM attacks and attackers from capturing unencrypted traffic data (like passwords, usernames, or other confidential information).

No critical payment information is stored on our system, such as credit card numbers. All sensitive data is handled directly by our industry leading payment providers, Stripe and PayPal.

Raining.fm is built using the WordPress platform, as of WordPress 4.9.6, the WordPress core software is GDPR compliant. WordPress core team has added several GDPR enhancements to make sure that WordPress is GDPR compliant.

Some private data may also be transferred to third-party software that we use run our business like our accounting software, Xero. We only choose to use reputable third-party software providers that have their own clear privacy policies and security/data policies. A full list of software providers we use is provided below.

We may be legally required to keep some of your private data, for example, your company name, address and company business registration ID, for tax purposes. We also keep a record of all correspondence for legal requirements which may include email addresses, names and other personal data that you have submitted to us during your use of our software or when contacting us through our website. In these cases, it’s not unreasonable that we do not delete the private data held.

It should be noted that it is the sole responsibility of the user to login and keep their user data up to date. We provide the appropriate tools for users to do so.

Contact Details of the Controller (and controller’s representative if any)

Name of the controller: Div Party Pty Ltd

Name of the controller representative: Shane Stevens

Address of the controller: PO Box 90, Glenelg, South Australia, Australia 5045

Email of the controller: controller@raining.fm

Phone / Fax of the controller: +61 (08) 8120 0333


Contact Details of the Data Protection Officer (DPO)

Name of the DPO: Shane Stevens

Address of the DPO: PO Box 90, Glenelg, South Australia, Australia 5045

Email of the DPO: privacy@raining.fm

Phone / Fax of the DPO: +61 (08) 8120 0333


The purposes of the Processing of the Personal Data

The data provided by the user during registration and as a user of our service is subject to collection, processing, and storage with the purpose to provide the user with the list of services, conducted by the Company, such as:

  • Creating an account allowing the full use of all our sounds and features
  • Allow users to save custom settings and preferences on our website
  • Developing and improving our products and services
  • Administration and billing services
  • System correspondence such as payment reminders, updates and changes.
  • Other Correspondence such as support tickets, emails and newsletters
  • Running the day to day operations of the Company

Personal Data Recipients or Categories of Recipients

With the aim of providing services stated above the Company may disclose the personal data collected from the user to such recipients as:

  • Google
  • Stripe
  • PayPal
  • Amazon Web Services AWS
  • Atlantic.net
  • Xero
  • MaxCDN
  • Atlassian
  • MailChimp
  • Campaign Monitor
  • Zendesk
  • Trello

Personal Data Transfer to the Third Parties

Use of subcontractor

If the data processor makes use of a subcontractor or other person who is not normally employed by the data processor, this should be agreed upon in writing with the processing officer before processing personal data.

Agreement with the following subcontractors

  • Private Contractors

Anyone who, on behalf of the data processor, performs assignments where the use of the relevant personal information is included shall be familiar with the contractor’s contractual and statutory obligations and fulfill the terms thereof.

User Rights

According to the Privacy Policy, the user has the following rights related to the personal data collection and processing:

  • right to request from the Association a rectification or erasure of personal data;
  • right to restrict personal data processing;
  • right to object such personal data processing;
  • right to lodge a complaint with a supervisory authority;
  • right to withdraw a given consent
  • right to request a personal data under processing in a structured format
  • right to request to send the data under processing to the third party

If you wish to exercise any of these user rights, please contact us directly at controller@raining.fm with your request.

Personal Data Storage Period

The criteria that are used to determine a period of data storage. For example, as long as the person is a member / subscriber / contact of the Company or unless he or she required to stop data processing.

User’s Consent

Having read the conditions mentioned above the user agrees to the following if they wish to use our website.​​​​​​​

I agree that my personal data captured during registration and use of the website will be used by raining.fm (Div Party Pty Ltd) for the following purposes:

  • To create a user account in the system
  • To allow the user to save custom settings and preferences on our website and I have the authority to provide such information on their behalf
  • To issue and pay my invoices
  • To send me the reminders on important events, newsletters, emails with opt-out links included
  • To run the day to day operations of raining.fm service

Contact Us

If you have any questions about this Privacy Policy, please contact us at privacy@raining.fm.