Rock-Bands.com’s Data Statement
This document declares the undertakings by Rock-Bands.com concerning its
handling of Your Data.
- Data Collection
- Data Security
- Data Use
- Data Disclosure
- Data Retention and Destruction
- Access by You to Your Data
- Information about Data Handling Practices
- Handling of Enquiries, General Concerns, and Complaints
- Changes to These Privacy Undertakings
Rock-Bands.com undertakes to collect Your Data by means that are:
- legal; and
If you visit Rock-Bands.com’s website, your web browser automatically discloses, and Rock-Bands.com’s web server automatically logs the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data you provide, e.g., in a web form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web browser automatically
provides may also be logged. For example, this will be the case if your browser has previously been requested to store data on your computer in
‘cookies’ and submits them each time you request a web page within a particular domain (such as Rock-Bands.com). This data may or may not be sufficient to identify you.
If you disclose personal data to Rock-Bands.com with an identifier such as your name or credit card details, Rock-Bands.com will collect Your Data. Moreover, any data that becomes available to Rock-Bands.com through any of the means described in the preceding paragraphs may be able to be associated with that identifier and hence become Your Data.
Subject to the qualifications immediately below, Rock-Bands.com undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:
- where Rock-Bands.com reasonably considers that the protection of its
financial interests require that it gather YourData from other sources, or
From additional sources. This applies in particular where Rock-Bands.com has a lending exposure to you and seeks information about your creditworthiness;
- Rock-Bands.com reasonably considers its capability to deliver Quality services to you will be materially enhanced by gathering YourData from other sources. This applies, in particular, to consumer profile data.
Where Rock-Bands.com collects Your Data from sources other than
you, it undertakes:
- to do so only by legal means;
- to do so only with your Consent; and
- to declare to you what sources it uses and under what circumstances.
Rock-Bands.com undertakes to declare the purpose of the collection in a manner that is clear and meaningful and to avoid vague, highly inclusive
statements such as ‘to support our operations.’
Rock-Bands.com undertakes to store Your Data in a manner that ensures security against unauthorized access, alteration, or deletion at a level commensurate with its sensitivity.
Rock-Bands.com undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
Rock-Bands.com undertakes to transmit Your Data in a manner that
ensures security against unauthorized access, alteration, or deletion at a
level commensurate with its sensitivity.
Rock-Bands.com undertakes to implement appropriate measures to ensure
security of Your Data against inappropriate behavior by Rock-Bands.com’s staff members and contractors. These include:
- training for staff concerning privacy;
- access control, to limit access to Your Data to those staff and
contractors who have legitimate reasons to access it;
- particularly in the case of sensitive data, audit trails of accesses,
including the identities of staff and contractors accessing the data;
- reminders to staff and contractors from time to time about the importance
of data privacy and the consequences of inappropriate behavior;
- declaration of appropriately strong sanctions that are to be applied in
the event of inappropriate behavior
- clear communication of policies and sanctions; and
- processes to audit, investigate and impose sanctions.
Use refers to the application of Your Data by any part of Rock-Bands.com, or
any staff member or contractor of Rock-Bands.com in the course of their work.
Rock-Bands.com undertakes to use Your Data only for the following:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between
Rock-Bands.com and You;
- such additional purposes as may be required by law. In
these circumstances, Rock-Bands.com will take any reasonable steps available to it to communicate to You that the use has occurred unless it is precluded from doing so by law; and
- such additional purposes as are authorized by law (in particular to protect Rock-Bands.com’s interests, e.g., if it believes on reasonable grounds that You have failed to fulfill your undertakings to Rock-Bands.com or have committed a breach of the criminal law).
Rock-Bands.com undertakes to use YourData only if it has demonstrable
relevance to the particular use to which it is being put.
Rock-Bands.com undertakes to use YourData in such a manner as to consider the possibility that it is not of sufficient quality for the purpose, e.g., because it is inaccurate, out-of-date, incomplete, or
Disclosure refers to making YourData available to any party other than
Rock-Bands.com and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing, and giving. Rock-Bands.com undertakes to disclose Your Data only under the following circumstances:
- In the course of business being conducted between You and
Rock-Bands.com, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, Rock-Bands.com undertakes to exercise control over Rock-Bands.com’s contractors to ensure that their actions are compliant with these Terms;
- in other circumstances directly implied by the purpose agreed between You and Rock-Bands.com at the time of data collection or
subsequently. Where Your Data is disclosed in this way, Rock-Bands.com undertakes to exercise control over Rock-Bands.com’s contractors to ensure that their actions are compliant with these Terms;
- with your consent or at your request;
- where required by law, such as a provision of a statute or a court order such as a search warrant or subpoena. In these circumstances, Rock-Bands.com will take any reasonable steps available to it to communicate to You that the disclosure has occurred unless it is precluded from doing so by law;
- where permitted by law (e.g., the reporting of a suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Rock-Bands.com believes on reasonable grounds that the disclosure of Your Data will materially assist in the protection of the life of health of some person), Rock-Bands.com will apply due diligence to ensure the permission exercise is justifiable.
In all cases, Rock-Bands.com undertakes to disclose only such of Your Data as is necessary for particular circumstances.
Data Retention and Destruction
Subject to the qualifications immediately below, Rock-Bands.com undertakes the following:
- to retain Your Data only as long as it is consistent with
its purpose; and
- to destroy Your Data when its purpose has expired and to
do so in such a manner that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Your Data may be retained in Rock-Bands.com’s logs, backups, and audit trails within short-term retention cycles that are devised to protect
the company’s operations. In such cases, Your Data will be destroyed in
accordance with those cycles;
- Your Data may be retained beyond the expiry of its purpose if that is
Required by law, such as a provision of a statute, a court order such as a search warrant or subpoena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances,
- will take any reasonable steps available to it to communicate to You that
Your Data is being retained unless it is precluded from doing so by law; and
- will only retain Your Data while that provision is current and will then
destroy Your Data;
- will take any reasonable steps available to it to communicate to You that
- Your Data may be retained beyond the expiry of its purpose if it is
authorized by law (in particular to protect Rock-Bands.com’s interests, e.g., if it believes on reasonable grounds that You have failed to
fulfill your undertakings to Rock-Bands.com or have committed a breach of criminal law). In these circumstances, Rock-Bands.com will only retain Your Data while that situation is current and destroy Your Data.
Rock-Bands.com undertakes to provide you with access to Your
Data, subject to only such conditions and processes as are reasonable in the
circumstances. In particular, Rock-Bands.com undertakes to enable access:
- without unreasonable delay; and
- without cost.
Rock-Bands.com undertakes to establish and operate identity
authentication protections for access to Your Data that are
appropriate to its sensitivity, but practical. This may involve some
inconvenience; for example, relatively straightforward procedures may be
involved to provide you with access through a channel that you have
previously registered with Rock-Bands.com (such as a particular email address), but may impose more onerous procedures if you wish to use another channel.
If you dispute some aspect of Your Data, Rock-Bands.com undertakes
to take reasonable steps concerning the amendment, supplementation
or deletion of Your Data.
- not to seek access for frivolous purposes or unreasonably frequently;
- to accept that deletion of some data may not be consistent with the
provision of particular services by Rock-Bands.com to you.
about Data-Handling Practices
Rock-Bands.com undertakes to make information available to you about the manner
in which Rock-Bands.com handles your data:
- in general terms, in a readily accessible manner; and
- in more specific terms, on request.
Where Your Data is disclosed to a contractor, Rock-Bands.com undertakes to make information available to you on request about how Rock-Bands.com’s
contractors handle your data.
Rock-Bands.com undertakes to ensure that the information provided is meaningful,
and addresses your concerns.
- not to seek such information for frivolous purposes or unreasonably
- to accept that the disclosure of excessive detail may harm the security of
Your Data and Rock-Bands.com’s business processes may harm Rock-Bands.com’s
of Enquiries, General Concerns, and Complaints
If you have inquiries, general concerns, or complaints about these Terms, or
about Rock-Bands.com’s behavior concerning these Terms, you undertake:
- To communicate them in the first instance:
- to Rock-Bands.com only;
- in sufficient detail;
- through a channel made available by Rock-Bands.com for that purpose;
- to provide one or more channels for communication to
Rock-Bands.com, which is convenient for users;
- to promptly provide acknowledgment of the receipt of
communications, including the provision of a copy of the communication, the
date and time it was registered, and Rock-Bands.com’s reference code for the
- to promptly respond to the communication, in
an appropriate and meaningful manner.
You further undertake not to pursue Rock-Bands.com through any
Regulator or the media:
- until and unless Rock-Bands.com has had a reasonable opportunity to respond
to the initial communication; and
- while Rock-Bands.com and you remain to conduct a meaningful dialogue
about the matter.
Rock-Bands.com declares that its undertakings in these Terms are intended to
create legal obligations, and that those obligations are
intended to be enforceable under appropriate laws in
appropriate jurisdictions. These include laws relating to data protection,
privacy, fair trading, corporations, and criminal laws.
You undertake to seek enforcement only in a jurisdiction that
is relevant to the transactions that have taken place between You and
Rock-Bands.com, in particular, the jurisdiction in which you live or in which you
performed the relevant acts, and the jurisdiction in which Rock-Bands.com is
domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, Rock-Bands.com draws your attention to the following resources:
- WorldLII Privacy Links
- Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
- Privacy Law Sourcebook 2004, EPIC, Washington DC
Changes to These Privacy Undertakings
- not to materially change these Terms in a manner that reduces the
protections for Your Data;
- to take all possible steps to prevent any company from acquiring this
company or any of its relevant assets from materially changing the Terms
applicable to Your Data in a manner that reduces the protections for Your Data;
- where it is considering making changes to these Terms or creating more
specific Terms relating to specific services, to consult with appropriate
representative and advocacy organizations;
- where it makes changes to these Terms to ensure that the differences
between successive versions are readily accessible;
- to maintain all prior versions of these Terms in such a manner that they
are dated and readily accessible.
Rock-Bands.com means <The website>.
Your Data means data capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Rock-Bands.com can correlate with you using server logs and cookie contents.
Your Data does not refer to data that can no longer be associated with
you. This includes aggregated data that does not and cannot identify the
individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by Rock-Bands.com. Consent may be expressed or implicit, but it must be informed and freely given in either case.