(a) The Rainscape App made available through a mobile application is owned and operated by Sonic Meditation Pty Ltd (ACN 686 909 562) (Rainscape, we, our or us).
(b) Rainscape is committed to ensuring your Personal Information is protected. Rainscape manages your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) By accessing and using the Rainscape App you agree to this Privacy Policy.
(d) This Privacy Policy outlines how Rainscape collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.
2. The information Rainscape collects about you
2.1. Personal Information
(a) Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(b) Rainscape collect and use Personal Information and Non-Personal Information from users of the Rainscape App, and any other individual who interacts with us.
(c) Rainscape will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, make the Rainscape App available to you, or as otherwise permitted by law.
(d) The type of Personal Information and non-Personal Information that Rainscape collects and uses depends on the type of dealings that you have with Rainscape and includes the following:
(i) contact details and account registration information (for example, full name, phone number and email address);
(ii) registration information provided by you to create and update your account on the Rainscape App (such as your username and password);
(iii) information relating to your use of the Rainscape App (such as your search queries, streaming history, playlists you create, your library, browsing history and account settings);
(iv) marketing data and information relating to your dealings, or enquiries you have made, with us;
(v) payment and billing information;
(vi) device information which is automatically collected from you when you visit and navigate through the Rainscape App. Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the Rainscape App, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Rainscape App and other usage statistics;
(vii) some information that is not Personal Information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use the Rainscape App; and
(viii) other information that you provide to us or that we may collect in the course of our relationship with you.
2.2. Sensitive Information
(a) We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.
(b) If you have accidentally sent us Sensitive Information, please contact us using the details below.
3. How Rainscapecollect Personal Information
3.1. Direct collection from you
(a) We will collect Personal Information and non-Personal Information about you in a number of different ways. We may collect Personal Information and non-Personal Information directly from you or in the course of our dealings with you. For example, when you:
(i) setup and create a profile on the Rainscape App (including when you edit or update your profile on the Rainscape App or reset your password) and when access and use the Rainscape App;
(ii) access and use the Rainscape App (for example, when you search, browse and create playlists and stream audio files through the Rainscape App);
(iii) contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey;
(iv) when you otherwise interact or communicate with us, such as by telephone, email or in person; or
(v) from publicly available sources of information.
3.2. Collection from third parties
(a) We may also collect Personal Information about you from publicly available sources and third parties, including:
(i) when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third party contractors);
(ii) if you use our social media sites or applications or other third party products and services that interact with, or connect with, the Rainscape App; and
(iii) if third party payment processors are used by us to process payments made by you.
(b) When Rainscape collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.
(c) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.
4. How Rainscapeuses your Personal Information
4.1. Purposes of use and disclosure
(a) Rainscape only uses, process and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, Rainscape use, process and disclose your Personal Information to:
(i) provide you with access to, and use of, the Rainscape App;
(ii) manage, operate, maintain, test, develop, improve and upgrade the Rainscape App or other products and services offered by us from time to time; and
(iii) notify you of opportunities we think you might be interested in, including new product or service offerings, information about the Rainscape App, offers, competitions, promotions, events and surveys;
(iv) to customise the content on the Rainscape App;
(v) to verify your identity;
(vi) to conduct fraud, risk reduction and creditworthiness checks;
(vii) to perform research and analysis about the Rainscape App and for data analytics purposes, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we () ensure Personal Information is made anonymous by removing data that can identify you;
(viii) charge and bill when you purchase and use the Rainscape App;
(ix) for direct marketing purposes (see section 6 below);
(x) to comply with regulatory or other legal requirements,
(xi) for any purpose to which you have consented; and
(xii) for any other purpose notified to you at the time of collection.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to third parties
(a) With your consent, we may provide your Personal Information and Non-Personal Information to the following recipients:
(i) our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering the Rainscape App (including customer support services and setup services), our promotions, deals and competitions;
(ii) third party service providers who process or use your Personal Information and Non-Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, such as cloud-based accounting software applications, marketing and analysis organisations, third party payment processors (such as Apple Pay and Google Pay), hosting companies (such as AWS), web developers (such Appetiser), internet service providers, customer service providers, customer support specialists, fulfilment companies and research and data analysis firms (such as Firebase and Crashlytics), government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees); and
(iii) external business advisors, such as auditors, lawyers, insurers and financiers,
(collectively, Authorised Affiliates).
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
(d) Rainscape may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
4.3. Third party payment processors
Rainscape use third party payment processors to process payments made to us. In connection with the processing of such payments, Rainscape does not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to Rainscape’s third party processors, Apple Pay and Google Pay, whose use of your Personal Information (including payment information) is governed by their privacy policy, which may be viewed at https://www.apple.com/au/legal/privacy/data/en/apple-pay/ and https://policies.google.com/privacy.
4.4. Overseas disclosure
(a) In the course of providing you with access to, and use of, the Rainscape App and Services, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to our third-party payment processors located outside of Australia, including United States, Taiwan, Japan and elsewhere in the world.
(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, Rainscape will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.
(c) By accessing or using the Rainscape App or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates. If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details below. However, if you do not provide your Personal Information to us or our Authorised Affiliates, we may not be able to provide you with access to, and use of, the Rainscape App.
4.5. Disclaimer
(a) Rainscape will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the relevant Privacy Laws;
(ii) we are permitted to under this Privacy Policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Rainscape App.
(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Rainscape will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
6. Marketing communications
6.1. Direct marketing
(a) Rainscape may use and disclose your Personal Information to send you information about the Rainscape App and any other products or services we may offer from time to time, as well as other information that may be of interest to you.
(b) These communications may continue, even after you stop using the Rainscape App and the Services.
6.2. Communication channels
(a) Rainscape may send this information to you via the communication channels specified at the time you provide your consent.
(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices or advertising on the Rainscape App.
6.3. Opting-out
(a) You can opt out of receiving these communications by:
(b) contacting us using the details below; or
(c) using the unsubscribe function in the email or SMS.
7. Storage and security
7.1 Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information and Non-Personal Information; and
(ii) comply with the Australian Privacy Principles when accessing and using your Personal Information.
7.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Rainscape App.
(b) You provide your Personal Information and Non-Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.
7.3. Destruction of Personal Information
We will securely destroy or de-identify Personal Information within 30 days or where it is no longer required, unless we are required or authorised by law to retain the information. However, Rainscape may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
8. Accessing and correcting your Personal Information
(a) Rainscape shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.
(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. Rainscape may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(d) We will endeavour to respond to your request for access or correction within 30 days from your request.
9. Cookies and Analytics
9.1 Cookie policy
(a) We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use the website version of the Rainscape App and to compile statistical reports on website activity.
(b) You can set your computer to reject cookies, but this may affect your ability to use certain parts of our website and the Rainscape App.
9.2 Apple Analytics
(a) Services that our website may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the Rainscape App.
(b) By using the Rainscape App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.
9.3 Google Analytics
(a) Services that the Rainscape App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our website. By visiting and using the Rainscape App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.
(a) If you have any issues about this Privacy Policy or the way Rainscape handles your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(a) Our Privacy Officer will endeavour to:
(i) respond to you within [10 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
(b) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.
(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the Rainscape App.
(b) We encourage you to check the Rainscape App from time to time to ensure you are familiar with our latest Privacy Policy.
