Vivid Practice

PRIVACY POLICY

This is the Privacy Policy /Statement of Vibrant Music Ltd (we or us or the Company) trading as Vivid Practice, registered in Ireland, registered number 667025 and having its registered office at 78 Durrow Road, Dublin D12V3A3, Ireland.

Under Data Protection Legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. Data Protection Legislation means the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679.

We provide a technology platform which can be accessed here: https://vividpractice.com (the "Site") enabling students who have downloaded our App to register with us and communicate with and take music lessons from music teachers registered on our Site.
1. Important information and who we are
controller - teacher

For students, the music teacher is the data controller (controller) and we are the processor, meaning we process the personal information for the applicable teacher in accordance with clause 19.1.4(b) of our User Terms, which User Terms are accessible here: https://vividpractice.com/terms-conditions.

Please note in particular, that we do not arrange the provision of, or provide or supply the services a teacher provides to students, nor do we assume responsibility for doing so. We have no liability to a student for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from any action or omission of a teacher and or from any use made by a student of our App and its Service or from any suspension or termination by us of the student’s access to the App and its Service.

A reference to “you” or “your” below means a teacher or student as the context requires.

controller - us

To a very limited extent, we are a controller as set out in clause 19.1.4(a) of our User Terms, accessible here: https://vividpractice.com/terms-conditions

App Terms

Any student over 16 years of age is required to accept the App Terms and this Privacy Policy/Statement if they wish to use our App. Otherwise he or she ie the student is not authorised to use this App. A student under 16 years of age is required to have his or her parent or guardian accept the App Terms and this Privacy Policy /Statement on the student’s behalf. Otherwise he or she ie the student is not authorised to use this App.

Consent to processing sound and video data on a device

Additionally, if a student wishes to allow a teacher access and process sound and video data on his or device as part of using the App Service, the App will seek the student’s permission to do so. The App will provide a number of options, once off, always or deny permission. If the student is over 16 years of age, the student will be required to click on one of the options when prompted by the App. Where permission is given, the App will be granted access to the sound and video in accordance with the permission granted.

A student under 16 years of age is required to have his or her parent or guardian accept the app terms before they use the app. Where permission is given by the parent or guardian, the App will be granted access and process the sound and video in accordance with the permission granted.

Our Contact Details

Our full details are: Vibrant Music Ltd, doing business/trading as Vivid Practice.

Email address: support@vividpractice.com

Postal address: Vibrant Music Ltd, 78 Durrow Road, Dublin D12V3A3, Ireland.

Teacher contact details

The contact details of a teacher are those as agreed between the teacher and the student.

Changes to this Privacy Policy/Statement and your duty to inform us of changes

We keep this Privacy Policy/Statement under regular review.

This version was last updated in February 2024. It may change and if it does, these changes will be posted on our Site and, where appropriate, notified to you when you next start the App or log into the App. You may be required to read and accept the changes to continue your use of the App and its Service.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

Special Categories of Data

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with a service or services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

2. Information we collect

2.1 teachers

We collect the following information about a teacher:

(i) first and last name (ii) email address

2.2 students

We store the following information about a student:

first and last name (ii) instrument

2.3 parent or guardian

We may also collect the following information about the parent or guardian purely for the purposes of enabling them to reset their password:

(i) parent or guardian’s email address

2.4 Usage data

We may collect usage data related to the use of our App by a student:
such as when the student uses the App, we may collect certain information automatically, in respect of the student’s device including, but not limited to, the type of mobile device used, the mobile device unique ID for the device, the IP address of the mobile device, the mobile operating system of the device, the type of mobile Internet browser used by the device, unique device identifiers and other diagnostic data for each device.

2.5 Information collected while Using the App

While using the App, in order to provide features of the App, the App may seek permission to access and process sound and video data from the student’s device.

If the student is over 16 years of age, the student will be required to to consent to the app terms, when prompted by the App. Where permission is given, the App will be allowed to access and process the sound and video data in accordance with the permission granted.

A student under 16 years of age is required to have his or her parent or guardian exercise to consent to the app terms, when prompted by the App. Where permission is given by the parent or guardian, the App will be allowed to access and process the sound and video in accordance with the permission granted.

2.6 Parent or Guardian controls - Us

In respect of a student under the age of 16 years, the parent or guardian, may revoke the consent given by him or her to us, with regard to accessing and processing of the student’s personal information by us, at any time by sending a request to us, to support@vividpractice.com.

2.7 student controls

The student whether under or over 16 years of age, may at any time revoke the consent given by him or her to us with regard to accessing and processing of the student’s personal information by us, including accessing and processing of sound and video data by sending a request to us, to support@vividpractice.com.

2.8 teachers

In our Site User Terms, each teacher registered with us, undertakes to us, certain obligations, including the obligations in clause 4, clause 19, clause 23, clause 24, clause 26 and clause 33 of the User Terms. Please familiarise yourself with the User Terms and in particular with these clauses.

2.9 Cookies

We use cookies to distinguish you (a student) from other users of the App and from other users of our Site (teacher), and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse our Site and also allows us to improve the App and our Site. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policies in our Privacy Policy at https://vividpractice.com/privacy-policy.

3. How we use personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.
3. Purposes for which we will use personal data
3.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

3.2 Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
3.3 How a teacher may use the information the teacher collects

We impose many obligations on teachers registered on our Site including on their use of the Site and the Site Services as provided in our User Terms, accessible here: https://vividpractice.com/terms-conditions including in clauses 4, 19, 23, 24, 26 and 33 of our User Terms. Please familiarise yourself with the User Terms and in particular with these clauses.
4. Disclosures of personal data
4.1 We may share/disclose your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above:
Internal Third Parties as set out in the Glossary below.
External Third Parties as set out in the Glossary below.
With the student chosen by the teacher.
With the teacher chosen by you the student when you register with us. Clauses 4, 19,23, 24, 26 and 33 of the User Terms accessible here: https://vividpractice.com/terms-conditions place restrictions on each teacher.
Specific third parties listed in the table Purposes for which we will use your personal data above.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

4.2 For legal reasons
We will disclose your personal data for legal reasons as set out below. We will disclose individual student and teacher information with companies, organisations or individuals outside of our Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

meet any applicable law, regulation, legal process or enforceable governmental request.

enforce the App, App Terms, Site, User Terms, including investigation of potential violations.

detect, prevent, or otherwise address fraud, security or technical issues.

protect against harm to the rights, property or safety of Vivid Practice, our users of the App and or of the Site, Services or the public as required or permitted by law.

5. Transfer of personal data

We do not transfer personal data outside of Ireland. We have no obligation to protect a student’s personal data that a teacher elects to store outside of the Company’s Systems.
6. Data security
All information you provide to us is stored on our secure servers. Any payment transactions effected through the Site are carried out via Stripe and please note the terms of use and privacy notice for Stripe where you access their services through our Site.
Where we have given you (or where you have chosen) a password that enables you to access our App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We have put in place procedures to deal with any suspected personal data breach in clause 19.5 of the User Terms: accessible here: https://vividpractice.com/terms-conditions

7.   Data Retention
We keep such records as set out in Our Site User Terms and as required by Article 30 of the General Data Protection Regulation.
We may delete a teacher’s personal data as provided in the Site User Terms.
In some circumstances a teacher or student can ask us to delete his or her data: see 8 Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
8.   Your legal rights
Under certain circumstances you have the following rights under Irish Data Protection Legislation in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data's accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at support@vividpractice.com
9.   Glossary
Lawful basis
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Third parties
External third parties
Service providers acting as processors based in Ireland, India and the USA who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Ireland, India and the USA who provide consultancy, banking, legal, insurance and accounting services.
The Irish Revenue, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.